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Grupo Profissional

Público·14 membros

REAL ESTATE HAWAII


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REAL ESTATE HAWAII



12-46-301 General provisions. The purpose of this subchapter is to implement laws prohibiting discrimination in real property transactions toward the goal of eliminating such discrimination and to implement changes made by Act 171, Session Laws of Hawaii 1992, to conform state law to Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Chapter 515, HRS, prohibits discriminatory practices by an owner, any person engaging in a real property or real estate transaction, or a real estate broker or salesperson against another person because of a protected basis. The examples are used to provide guidance to the public and only illustrate the particular point or principle to which they relate in the rules. They should not be taken out of context as statements of policy that would apply in different situations. To the greatest extent possible, the commission will interpret the rules consistent with the examples, however, the commission shall review each case on an individual basis in an effort to seek an equitable application of this subchapter. [Eff 10/15/93] (Auth: HRS 368-3; 515-9(7)) (Imp: HRS 368-1; HRS Chapter 515)


12-46-303 Construction. This subchapter shall be liberally construed according to the fair import of their terms toward the goal of eliminating discrimination in real estate transactions. [Eff 10/15/93] (Auth: HRS 368-3; 515-9(7)) (Imp: HRS 515-1)


12-46-304 Record keeping requirements. (a) Any records of real estate transactions made or kept by an owner, any person engaging in a real estate transaction, or real estate broker or salesperson involving the lease or rental of a housing accommodation:


shall be preserved for one year from the date of making the record or the occurrence of the real estate transaction practice, policy, or action involved, whichever is later. The records shall include, but not be limited to, advertisements, applications, and any other information furnished by the person seeking the housing accommodation, lease or rental agreements, eviction records, any records affecting changes in the terms, conditions, privileges, or enjoyment of tenancy, occupancy, or use of the premises, and corporate or association minutes and resolutions adopting house rules affecting occupancy.


(b) Any other records of real estate transactions, not involving a lease or rental, made or kept by an owner, any person engaging in a real estate transaction, or real estate broker or salesperson shall be preserved for one year from the date of making of the record or the occurrence of the real estate transaction practice, policy, or action involved, whichever is later.


12-46-306 Discrimination on the basis of disability.(a) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson:


A real estate developer plans to construct six covered multifamily housing accommodations on a site with a hilly terrain. Because of the terrain, it will be necessary to climb a long and steep stairway in order to enter the dwellings. Since there is no practical way to provide an accessible route to any of the housing accommodations, one need not be provided.


For purposes of this subsection, a multifamily housing accommodation shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily housing accommodation is issued by a state, county or local government agency on or before June 15, 1990. Accessibility will be determined based upon ANSI A117.1-1986 or the Fair Housing Accessibility Guidelines. The burden of establishing impracticality because of terrain or unusual site characteristics is on the owner, person engaging in a real estate transaction, or real estate broker or salesperson.


12-46-307 Discrimination on the basis of familial status. It is a discriminatory practice for an owner or any person engaging in a real estate transaction, or for a real estate broker or salesperson to:


(4) Impose against a person because of familial status, by way of any action to evict, terminate the tenancy, or refuse to engage in a real estate transaction, occupancy limits on a housing accommodation which is currently occupied by such person, unless justified by business necessity by demonstrating that such limits are required by county building codes established to promote public safety, and if the person has asked the owner, person engaging in a real estate transaction, real estate broker, or salesperson to apply for a variance or exemption from the county, the application for variance or exemption has been denied;


12-46-308 Discriminatory financial practices. It is a discriminatory practice for a person, a representative of such person, or a real estate broker, appraiser, or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for construction, rehabilitation, repair, maintenance, or improvement of real property, because of a protected basis:


(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 housing accommodation, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or


12-46-309 Blockbusting. It is a discriminatory practice for a person, representative of a person, real estate broker, appraiser, or salesperson for the purpose of inducing a real estate transaction because of a protected basis:


(2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of the schools in the block, neighborhood, or area in which the real property is located;


12-46-312 Restrictive covenants and conditions.(a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, use, or lease thereof to individuals because of their protected basis is void.


(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property because of a protected basis is void, except a limitation, on the basis of religion, in the use of real property held by a religious institution and used for religious or charitable purposes.


(c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor such a provision in the chain of title. [Eff 10/15/93] (Auth: HRS 368-3; 515-9(7)) (Imp: HRS 515-6)


12-46-314 Religious institutions. It is not a discriminatory practice for a religious institution in a real estate transaction conducted for charitable or religious purposes to give preference to members of the same religion. [Eff 10/15/93] (Auth: HRS 368-3; 515-9(7)) (Imp: HRS 515-8)


(2) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson may be liable for the acts of agents or persons acting on their behalf regardless of whether the specified acts were authorized or even forbidden, if the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson knew or should have known of their occurrence. The commission will examine the circumstances of the particular agency or employment relationship and job functions of the person in determining whether the person acted as an agent or on behalf of the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson. [Eff 10/15/93] (Auth: HRS 368-3; 515-9(7)) (Imp: HRS 515-1, 515-2, 515-3, 515-5, 515-6, 515-7, 515-9(7), 515-16, 515-17, 515-20)


12-46-318 Defenses. (a) Adverse impact. It may be a defense to a claim that a facially-neutral practice, policy, or action has the effect of discriminating against a person because of a protected basis for an owner, any other person, real estate broker, or salesperson charged with discrimination to establish that there is a business necessity for the practice, policy, or action.


(b) Specific activity permitted. It may be a defense to a claim that a practice, policy, or action discriminates against a person because of a protected basis for an owner, any other person, real estate broker, or salesperson charged with discrimination to establish that the alleged discriminatory practice, policy, or action is specifically permitted under this subchapter or by sections 515-4 or 515-8, HRS.


(c) Refusal to allow the use of a particular assistance animal. An owner or any other person engaging in a real estate transaction may refuse to allow a person with a disability the use of a particular assistance animal if:


Principles affecting the allocation and utilization of real estate resources, including legal, physical, economic elements; valuation; market analysis; finance; investments, and public and private externalities affecting the allocation and utilization of real estate resources.


This section covers corporate matters related to real estate, including M&A of large real estate holding companies, complex fund and REIT transactions, private equity and public securities. These real estate lawyers are distinct from pure corporate lawyers in that they typically come from a real estate background, have an understanding of the underlying asset and do aspects of `dirt law` real estate for their clients. The structuring and transactional advice provided to REITs (real estate investment trusts) impacts on our real estate tables. 041b061a72


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