(a) Section 515-3 does not apply:

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Terms Used In Hawaii Revised Statutes 515-4

  • Age: means over the age of majority or emancipated minors. 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
  • Housing accommodation: includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals. See Hawaii Revised Statutes 515-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
(1) To the rental of a housing accommodation in a building which 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; or
(2) To 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.
(b) Nothing in § 515-3 shall be deemed to prohibit refusal because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations:

(1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or
(2) That are part of a religiously affiliated institution of higher education housing program that is operated on property that the institution owns or controls or that is operated for its students pursuant to Title IX of the Education Amendments of 1972, P.L. 92-318.
(c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by title 42 United States Code § 3607(b)(2).

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