What it does: The Hawaii AG's Consumer Protection Division investigates "unfair or deceptive acts or practices" by businesses operating in Hawaii (HRS §480-2). For tenants, that includes unlawful deposit deductions, retaliation after protected activity, and price gouging during a declared emergency. Filing creates a public record the landlord must respond to.
What to expect:
- Within ~2 weeks: AG sends acknowledgement letter with case number.
- Within ~30 days: AG forwards your complaint to the landlord asking for a written response.
- Landlord must respond. Failure to respond is itself documented.
- If unresolved: AG may investigate further, mediate, impose fines, or refer to litigation. AG cannot recover money for you (small claims handles that), but the public record helps every future tenant.
How to file: Use the one-click AG complaint generator, or file directly at cca.hawaii.gov/ocp. Free.
What it does: Maui County's Office of Consumer Protection handles consumer-side complaints (including landlord-tenant matters) that fall within county jurisdiction. They coordinate with the state AG and can act faster on locally-specific issues.
What to expect:
- Cross-file the same complaint you sent to the Hawaii AG. Cross-filing is not duplicative — different agencies, different powers.
- Maui CP often makes contact with the landlord faster than the state AG.
- Useful when the dispute is specifically about a Maui-based property and timeline matters.
Tip: For habitability complaints involving documented appliance failures or unsafe conditions, attach written repair requests with dates. Hawaii HRS §521-42 sets the standard at "reasonable time" — for essential systems, that's generally about 3 business days for urgent issues. Months is not reasonable.
What it does: HUD enforces the federal Fair Housing Act (42 U.S.C. §3604). They investigate discrimination based on protected classes — race, color, national origin, religion, sex, disability, familial status — and reasonable-accommodation refusals (most commonly ESAs). Hawaii HRS §515-3 mirrors the federal protections at the state level.
What to expect:
- Within ~10 days: HUD acknowledges and assigns an investigator.
- Within ~100 days: HUD typically completes its investigation (target timeline, often longer).
- HUD may attempt conciliation between you and the landlord. If conciliation fails and HUD finds reasonable cause, the case can go to a HUD Administrative Law Judge or be referred to DOJ.
- Time limit: File within 1 year of the alleged discriminatory act.
Cross-file with HCRC: The Hawaii Civil Rights Commission (808-586-8636) handles state-level Fair Housing complaints in parallel. Filing both creates two independent investigations.
What it does: Small Claims Court is where you actually recover the money. Agency complaints (AG, HUD) build the public record; Small Claims Court orders the landlord to pay. Both tracks should run in parallel.
What to expect:
- Filing fee: $35 (waivable for low income via form RG-FW-3).
- Security deposit cases have NO dollar limit in Hawaii Small Claims (HRS §521-44). Other money cases capped at $5,000.
- No attorneys allowed in security deposit cases — strips legal posturing, puts you on equal footing with the landlord.
- Hearing typically scheduled within 30 days of filing.
- You bring your evidence pack. Judge hears both sides. Decides on the spot or within a few weeks.
- If you win, the landlord must pay. If they don't pay voluntarily, you can pursue garnishment or writ of execution.
How to file: See the Hawaii Small Claims Court walkthrough for the step-by-step. Statement of Claim form: RG-CC-3.
Where to file: The District Court for the county where the property is located. For Maui properties, that's Maui District Court — 2145 Main St, Wailuku, HI 96793 · 808-244-2800.