Improving Public Housing Conditions
2008–2015
Despite years of federal oversight and receipt of substantial federal funds, the state allowed two of its largest public housing projects to become unsafe and unsanitary.
Public housing provides the promise of safety and shelter for Hawaiʻi’s struggling families and an opportunity to break the generational cycle of poverty. But by 2008, conditions at some public housing projects in the state had deteriorated to the extent that they no longer served their intended purpose. Instead, conditions at two of the state’s largest public housing projects, Kuhio Park Terrace (KPT) and Mayor Wright Homes (MWH) were actively putting the health and safety of residents at risk.
Lawyers for Equal Justice (LEJ), along with its co-counsel, represented more than a thousand public housing residents living at KPT and MWH. The deplorable conditions at these projects included:
Fire code violations;
Leaking and bursting plumbing;
An almost total lack of hot water;
Vermin infestations including rats, roaches and bedbugs;
Overflowing trash piles;
Inoperable elevators;
Inconsistent security; and
Other hazardous and inaccessible conditions.
Prior to the lawsuit, the state had already been cited for life-threatening conditions at the projects. LEJ’s lawsuits resulted in the leveraging of over $150 million in federal tax credits to Kuhio Park Terrace and millions of dollars in repairs completed at Mayor Wright Homes.
The Case: Faletogo v. Hawaiʻi
Kuhio Park Terrace and Kuhio Homes are two of the State of Hawaiʻi’s largest housing projects. Despite years of federal oversight and receipt of substantial federal funds, the state has allowed these projects to become unsafe and unsanitary. They have failing elevators, unsavory staircases, frequent sewage backups, regular fires–and no working fire protection equipment, roaches, vermin, unsanitary trash disposal, and a complete lack of needed equipment to ensure access for disabled persons. The net effect are conditions where persons with respiratory disabilities and mobility disabilities are unable to access the project or are faced with choosing between unlivable conditions and the streets.
For years, these horrible conditions have been public knowledge. They have also the subject of federal reviews by the United States Department of Housing and Urban Development—reviews that gave the State of Hawaiʻi failing scores after finding numerous health and safety violations. Conditions at the project violated federal, state, and local housing codes. Nonetheless, the State of Hawaiʻi refused to take these issues seriously, resulting in a feeling of second-class citizenry of persons living at the projects.
Faletogo v. Hawai‘i (2008) - Federal Case ↓
Federal Case Documents
- December 18, 2008 – LEJ files class action complaint in Federal Court under the ADA and the US Housing Act
- March 31, 2009 – State’s Motion to Dismiss
- May 21, 2009 – LEJ’s Memo in Opposition to Motion to Dismiss
- May 28, 2009 – State’s Reply in Support of Motion to Dismiss
- June 4, 2009 – LEJ’s Motion for Class Certification
- June 19, 2009 – Order Granting in Part and Denying in Part State’s Motion to Dismiss
- July 17, 2009 – State’s Answer, Cross-Claim, and Third Party Complaint
- July 24, 2009 – State’s Memo in Opposition to Motion for Class Certification
- July 24, 2009 – Defendant Realty Laua LLC’s Memo in Opposition to Motion for Class Certification
- July 31, 2009 – LEJ’s Reply in Support of Class Certification
- October 29, 2009 – Order Granting Plaintiffs Motion for Class Certification
- November 20, 2009 – Stipulation and Order re: Proposed Notice to Potential Class Members
- December 16, 2009 – LEJ’s Motion for Preliminary Injunction
- February 1, 2010 – Memos in Opposition to Motion for Preliminary Injunction, by Defendant Laua, and by the State
- February 8, 2010 – LEJ’s Reply in Support of Motion for Preliminary Injunction
- November 5, 2010 – LEJ's Motion for Preliminary Approval of Class Action Settlement
- November 22, 2010 – Defendant Urban Management Corp Memo in Opposition to Settlement
- November 29, 2010 – LEJ’s Reply in Support of Motion for Preliminary Approval
- December 14, 2010 – Notice of Settlement of Class Action
- December 16, 2010 – Order Granting Plaintiff’s Motion for Preliminary Approval of Class Action Settlement
- December 16, 2010 – Notice of Pendancy of Class Action and Proposed Partial Settlement
- December 16, 2010 – Order Granting Motion for Class Certification
- December 16, 2010 – Settlement Agreement
- January 19, 2011 – Motion for Award of Attorney’s Fees and Costs
- February 22, 2011 – Order Granting Final Approval of Class Action Settlement and Granting Plaintiffs’ Motion for an Award of Attorneys’ Fees and Costs
Faletogo v. Hawai‘i (2008) - State Case ↓
State Case Documents
- December 18, 2008 – LEJ files class action complaint in State Court for breach of contract and breach of warranty of habitability
- March 31, 2009 – State’s Motion to Dismiss
- April 24, 2009 – LEJ’s Memo in Opposition to Motion to Dismiss
- May 6, 2009 – State’s Reply in Support of Motion to Dismiss
- May 14, 2009 – Order Granting in Part, Denying in Part Motion to Dismiss
- June 4, 2009 – State’s Answer and Third Party Complaint
- June 18, 2009 – Defendant Realty Laua’s Motion for Summary Judgment (Partial)
- June 23, 2009 – State’s 1st Amended Third Party Complaint
- June 23, 2009 – Defendant Realty Laua’s Answer to State’s Cross Claim
- August 24, 2009 – LEJ’s Memo in Opposition to Realty Laua’s Motion for Summary Judgment
- August 28, 2009 – Defendant Realty Laua’s Reply in Support of Motion for Summary Judgment
- September 9, 2009 – Order Denying in Part, Granting in Part Realty Laua’s Motion for Summary Judgment
Alexander v. Hawai‘i (2011) - Federal Case ↓
Federal Case Documents
- April 21, 2011 – LEJ files federal complaint
Alexander v. Hawai‘i (2011) - State Case ↓
State Case Documents
- April 21, 2011 – LEJ files state complaint
- September 16, 2014 – Motion for settlement approval
- March 10, 2015 – Order granting settlement approval
KPT’s frequently broken elevators didn’t only cause inconvenience to residents; at times they threatened their safety. An LEJ client experiencing a medical emergency had to be carried down the stairs on a tarp by paramedics when KPT elevators were experiencing one of their frequent outages.
Related Media
In the News ↓
Rosmarie Bernardo, “Housing project residents file suits,” Honolulu Star-Advertiser, April 22, 2011
Mark Niesse, "Cold water plagues Mayor Wright Residents," Honolulu Star-Advertiser, February 5, 2011
Mary Vorsino, “Public housing getting a facelift,” Honolulu Advertiser, September 1, 2009
Donna Kim, Joey Manahan, “KPT in hands of housing authority” Honolulu Advertiser, June 14, 2009
Editorial Board, “All stakeholders must press for KPT repairs,” Honolulu Advertiser, June 7, 2009
Editorial Board, “Public housing: Deplorable conditions demand action,” Honolulu Advertiser, May 31, 2009
Editorial Board, “State must live up to public housing safety goals,” Honolulu Advertiser, December 28, 2008
Editorial Board, “Public housing neglect threatens tenant safety,” Honolulu Star-Bulletin, December 21, 2008
Victor Geminiani, “It’s time to step it up on public housing,“ Honolulu Advertiser, December 21, 2008
Associated Press, “Suit filed against Hawaii Public Housing Authority,“ The Maui News, December 19, 2008
Associated Press, “Kuhio housing residents sue,“ Honolulu Star-Bulletin, December 19, 2008
Mary Vorsino, “State's a slumlord, suit says,“ Honolulu Advertiser, December 19, 2008
Press Releases ↓
“Hawaiʻi public housing authority sued for ADA, other violations,“ Lawyers for Equal Justice, Legal Aid Society of San Francisco — Employment Law Center, Alston Hunt Floyd & Ing, O’Melveny and Myers, LLP, December 18, 2008