Section 368F-2 shall not apply to:

(1) Landlords who are determining in a commercially reasonable manner the ability of a potential tenant to pay rent by:

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Terms Used In Hawaii Revised Statutes 368F-3

(A) Verifying the source and amount of income of the potential tenant; or
(B) Evaluating the stability, security, and creditworthiness of the potential tenant or any source of income of the potential tenant;
(2) Landlords with ownership of not more than four dwelling units in the State at the time of the alleged discriminatory rental transaction; provided that this paragraph shall not apply if an owner, whether individually or through a business entity, owns more than a ten per cent interest in more than four dwelling units in the State at the time of the alleged discriminatory rental transaction;
(3) Landlords in a case where a source of income is not approved within twenty-one days of a person’s submission of a good faith request for tenancy approval, which shall include the inspection of a unit;
(4) The rental of any housing accommodation in a building that contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations;
(5) The rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides in the housing accommodation; and
(6) The rental of an affordable housing project subsidized by public funds or lands.

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