It is a discriminatory practice for a person, a representative of such person, or a real estate broker or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of real property, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

(1) To discriminate against the applicant;
contract signature

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Terms Used In Hawaii Revised Statutes 515-5

  • Age: means over the age of majority or emancipated minors. See Hawaii Revised Statutes 515-2
  • Disability: means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. See Hawaii Revised Statutes 515-2
  • Discriminatory practice: means a practice designated as discriminatory under the terms of this chapter. See Hawaii Revised Statutes 515-2
  • Familial status: means the status of: a parent having legal custody of and domiciled with a minor child or children, a person who is domiciled with a minor child or children and who has written or unwritten permission from the legal parent, a person who is pregnant, or any person who is in the process of securing legal custody of a minor child or children. See Hawaii Revised Statutes 515-2
  • Gender identity or expression: includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. See Hawaii Revised Statutes 515-2
  • Person: refers to the definition of section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency. See Hawaii Revised Statutes 515-2
  • Real estate broker or salesperson: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who purports to be engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these. See Hawaii Revised Statutes 515-2
  • Real estate transaction: includes the sale, exchange, rental, or lease of real property. See Hawaii Revised Statutes 515-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. See Hawaii Revised Statutes 515-2
  • Sexual orientation: means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. See Hawaii Revised Statutes 515-2
(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance that indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination unless the records are required by federal law;
(3) To discriminate in the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or
(4) To discriminate in the selling, brokering, or appraising of residential real property.

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