Answer
Nov 06, 2025 - 12:08 PM
If you’re a landlord in Hawaii, it’s important to understand both state and federal laws governing how long you must keep rental applications and related records. Proper record retention not only keeps you compliant but also helps protect against potential discrimination or fair housing claims.
Hawaii Law
Under Hawaii Administrative Rules §12-46-304, landlords must preserve all records related to the lease or rental of a housing accommodation for at least one year from the date the record was created or the transaction occurred, whichever is later. These records include rental applications, advertisements, and any materials submitted by a prospective tenant.
This requirement applies specifically to:
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Buildings with four or more rental units, or
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Landlords who own three or more housing accommodations.
If a complaint or legal action is filed, landlords must retain these records until the case reaches a final resolution, even if that extends beyond one year. Smaller landlords (those owning fewer than three units) may not fall under this rule but should still follow similar practices for protection.
Federal Law (FCRA and ECOA)
While the Fair Credit Reporting Act (FCRA) itself does not set a specific retention period, the Equal Credit Opportunity Act (ECOA) and its regulation (12 C.F.R. §1002.12(b)) require landlords to retain applications and supporting documents for at least 25 months after notifying an applicant of approval, denial, or withdrawal.
This 25-month rule applies to any landlord who uses consumer reports or makes credit-related rental decisions, which includes most property owners who review credit reports or background checks.
Recommended Best Practices
To stay compliant and protect your business:
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Keep all rental applications and screening records for at least 25 months after your decision.
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If a complaint, dispute, or investigation arises, keep the records until it’s fully resolved.
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Even if not legally required, consider retaining applications for three to seven years as a general best practice for legal and tax purposes.
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Ensure all records are stored securely, whether digital or paper, to protect applicant privacy.
Summary
In Hawaii, landlords must keep rental applications for at least one year under state law and 25 months under federal law. The longer federal standard effectively sets the minimum safe retention period for most landlords. Retaining records for two years or more helps demonstrate fair and consistent screening practices and provides legal protection if questions ever arise about your rental decisions.
