Source: Office of United States Attorneys
HONOLULU – Kenneth M. Sorenson, Acting United States Attorney for the District of Hawaii, announced a settlement of $162,500 resolving the United States’ lawsuit under the Fair Housing Act (“FHA”) against Kailua Village Condominium Association (“Kailua Village”), its Managing Agent, Associa Hawaii, the sellers of a Kailua Village condominium unit, and the sellers’ realtor.
The lawsuit alleged that the defendants discriminated against an individual with paraplegia (the “Complainant”) who attempted to purchase a condominium unit at Kailua Village, a 54-unit condominium complex in Kailua-Kona, Hawaii, in or around October 2021. The Complainant was living at the condominium unit pursuant to an early occupancy agreement during the escrow period. According to the Complaint filed by the United States, the defendants unlawfully denied the Complainant’s requests for an accessible parking space, a temporary ramp to access his condominium unit, and installation of an accessible toilet at his own expense. This discrimination, as well as certain verbal harassment, allegedly caused the Complainant to withdraw from the purchase and move out of the condominium unit.
The FHA makes it unlawful to discriminate in the terms and conditions of the sale or rental of, or to otherwise make unavailable or deny, a dwelling based on the prospective buyer or renter’s disability. The FHA also mandates that reasonable accommodations in rules, policies, practices, and services be provided when necessary to afford equal housing opportunities to persons with disabilities.
The Complainant filed a discrimination complaint with the United States Department of Housing and Urban Development (“HUD”). HUD’s investigation determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. The Complainant subsequently exercised his right to proceed to federal court with the dispute, thereby triggering the statutory requirement that the Department of Justice file suit on the Complainant’s behalf.
The case was resolved by two Consent Decrees approved by the federal district court in October 2024 and January 2025. Pursuant to the Consent Decrees, the defendants will pay the Complainant $162,500 in damages and are required to complete FHA training. Additionally, Kailua Village is required to adopt a Department of Justice-approved reasonable accommodation and modification policy, and for a period of two years, Kailua Village and Associa Hawaii must comply with certain recordkeeping and reporting requirements to ensure FHA compliance.
Assistant U.S. Attorneys Sydney Spector and Dana Barbata, in partnership with the Housing and Civil Enforcement Section of the Civil Rights Division of the United States Department of Justice, litigated the matter.
Individuals who believe they have been victims of housing discrimination may submit a report online at www.civilrights.justice.gov, or may contact the Department of Housing and Urban Development at 1-800-669-9777 or www.hud.gov.