Hawaii 2026 Regular Session

Hawaii Senate Bill SB2209

Introduced
1/21/26  
Refer
1/26/26  
Report Pass
2/20/26  

Caption

Relating To Rental Discrimination.

Impact

If enacted, SB2209 will amend Hawaii Revised Statutes, specifically chapter 368F, to permit the awarding of attorney fees in cases involving source-of-income discrimination. Currently, the lack of fee awards discourages attorneys from taking on these cases, leaving many affected individuals without legal representation. By allowing such awards, this bill is expected to increase access to justice for tenants who face discrimination, thereby aligning state law more closely with the principles of fairness outlined in the federal Fair Housing Act, which, while protective against identity-based discrimination, does not cover source-of-income issues.

Summary

SB2209 aims to address rental discrimination based on source of income by allowing courts to award attorneys' fees to prevailing parties in legal actions regarding such discrimination. This legislative effort responds to the issue of landlords refusing housing choice vouchers, which disproportionately impacts marginalized groups, including people of color, individuals with disabilities, elderly renters, and women. The bill seeks to enhance legal protections and ensure fair treatment for these vulnerable tenants who are often excluded from housing opportunities due to their payment methods.

Sentiment

The sentiment surrounding SB2209 is generally supportive, particularly among advocacy groups focused on housing equality and tenant rights. Proponents view the bill as a crucial step forward in combatting systemic discrimination in the rental market and believe that it will empower tenants and attorneys alike. However, there may also exist some opposition from landlords and property managers who could see this legislation as an encroachment on their rights and a potential increase in litigation concerning rental agreements and tenant management.

Contention

Notable points of contention likely revolve around the implications for landlords and property owners, who may argue that the ruling could incentivize unwarranted lawsuits or complicate rental transactions. Advocates for the bill counter that the benefits of ensuring equal access to housing for all residents, particularly marginalized populations, outweigh these concerns. Additionally, discussions might include the practical enforcement of new provisions and potential impacts on the housing market dynamics in Hawaii, as the bill, if passed, will take effect on July 1, 2050.

Companion Bills

HI HB1646

Same As Relating To Rental Discrimination.

Previously Filed As

HI SB44

Relating To Housing Discrimination.

HI SB116

Relating To Discrimination.

HI SB59

Relating To Algorithmic Discrimination.

HI SB942

Relating To Rental Applications.

HI SB1010

Relating To Sex-based Discrimination.

HI SB71

Relating To The Rental Housing Revolving Fund.

HI HB758

Relating To Sex-based Discrimination.

HI HB432

Relating To The Rental Housing Revolving Fund.

HI SB35

Relating To The Rental Housing Revolving Fund.

HI HB417

Relating To The Rental Housing Revolving Fund.

Similar Bills

HI HB1646

Relating To Rental Discrimination.

CA AB715

Educational equity: discrimination: antisemitism prevention.

NM SB223

Surveillance-based Price Discrimination Act

AL HB12

Health; discrimination by certain entities against individuals who refuse certain immunizations, drugs, or facial coverings for reasons of conscience prohibited; civil cause of action for violations provided; Attorney General authorized to defend an entity subject to related federal penalties

AL HB520

Health; discrimination by certain entities against individuals who refuse certain immunizations, drugs, or facial coverings for reasons of conscience prohibited; civil cause of action for violations provided; Attorney General authorized to defend an entity subject to related federal penalties

KS HB2299

Senate Substitute for Substitute for HB2299 by Committee on Education - Providing that certain statutory references to accredited nonpublic schools mean nonpublic schools accredited by the state board of education, requiring that schools accredited by a national or regional accrediting agency shall have the same rights as schools accredited by the state board, requiring school districts and accredited nonpublic schools to prohibit the use of personal electronic communication devices during the school day and prohibiting employees of a school district from using social media to communicate with students for official school purposes.

CO HB1264

Prohibit Surveillance Data to Set Prices and Wages

NJ A4219

Provides that denial of services by domestic violence shelters based on a person's disability or perceived disability is unlawful discrimination.