New Hawaii Law- Income Discrimination

[Richard F.]

Aloha,

https://homelessness.hawaii.go...

As has been seen in other States, this has been adopted and is now in effect here.

Questions for the Legal Minds here on BP:

The current HAP contract is 13 pages, and the Tenancy Addendum is 5 additional pages of terms and conditions that are required to be added to the LL Rental Agreement. There is no "negotiation" of these terms with the Housing Provider. As I recall, way back in Contract Law 101, contracts signed under duress or coercion were deemed voidable or unenforceable. There are multiple clauses/terms within these documents that many LL would not willingly agree to. How then, can we be required to accept prospective Tenants under these contracts (other than by threat of "discrimination" suit) ?

This law states that "requiring rental conditions that are different for a person not participating in a housing assistance program" is discrimination. Yet, a typical policy for prospective tenants is that a Security Deposit must be paid within two business days, and Rent start date must be within 15 days of approval by LL, and prior to occupancy. How is it not discriminatory against non HAP prospects, when we are required to wait far beyond our "normal" time frames for these important milestones?

[Russell Brazil]

There is only 17 states where there is no statewide or local source of income protected status. You'll survive just fine like the rest of us in those other 33 states.