HI SB31

Amends Hawaii Revised Statutes Section 515-6 to clarify that restrictive covenants and conditions that discriminate based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection "shall be void" rather than "is void."

Authorizes any person who discovers a recorded discriminatory restrictive covenant to either include a statement in a deed or mortgage filed during a real estate transaction or prepare and record a separate notice stating the covenant is void and unenforceable.

Requires any statement or notice invalidating a discriminatory covenant to include specific language identifying the discriminatory nature of the covenant and stating it is "void, unenforceable, and antithetical to American values of justice and equal protection under the law."

Provides immunity from liability for any person who in good faith prepares or records a statement or notice declaring a restrictive covenant discriminatory, even if the statement is incorrect.

Defines "discriminatory restrictive covenant" as any covenant that would violate the Equal Protection Clause of the U.S. Constitution, Hawaii State Constitution, the federal Fair Housing Act, or Hawaii's prohibition against discrimination.