Reversing Rent Overcharges
2004–2011
Lawyers for Equal Justice’s first case, brought in 2004, was aimed at stopping the state from overcharging low-income families, and ensuring that subsidized housing serves its purpose as a platform for economic stability.
Safe, affordable housing provides the foundation for a stable, successful life. Many families in Hawaiʻi struggle with housing costs, which are among the highest in the nation. Some of Hawaiʻi’s households with the greatest financial struggles are able to access subsidized housing that caps shelter costs—both rents and utilities—at 30 percent of the household’s income. These subsidized shelter costs provide a platform from which families can climb out of poverty or kūpuna and others with fixed incomes can achieve the long-term stability necessary to avoid homelessness.
Across the state, people have felt that platform slowly crumble from beneath them as the owners and operators of some subsidized housing projects have failed to adjust utility subsidies to keep up with inflation. In some cases, the owners failed to make the legally-required adjustments for decades, affecting thousands of Hawaiʻi’s families, some of whom were overcharged by over a hundred dollars a month for years.
Lawyers for Equal Justice (LEJ) has litigated six such cases, securing over three million dollars in reimbursements for low-income families, and obtaining rent adjustments that amount to well over a million dollars each year going forward.
Tenants in public housing pay 30 percent of their income for rent. This rate ensures that tenants’ rent is within their ability to pay. Tenants need the remaining portions of their rent to cover other necessities, such as healthcare, food, and taxes.
Part of the public housing subsidy, under the federal Public Housing Act, includes a fair allowance for utilities. In 2003, LEJ lawyers discovered that the Hawaiʻi Public Housing Authority and certain housing projects were not providing a fair allowance to their tenants, forcing to choose between paying for utilities or other necessities. These policies caused many public housing tenants to pay more than their legal share for housing and, in some cases, caused loss of housing.
LEJ has made it a priority to ensure that public housing tenants received their fair share in utility allowances. In furtherance of that goal, LEJ filed three class action law suits against the local public housing authority seeking injunctive relief and re-payment of utility allowances to tenants.
Amone v. Aveiro (2004) ↓
Amone v. Aveiro, Civil No. 04-00508 (D. Haw). LEJ represented a statewide class of public housing tenants in U.S. District Court seeking injunctive relief under the Americans with Disabilities Act and the Public Housing Act seeking fair utility allowances for disabled persons whose energy usage is higher than average. The Federal Court issued a permanent injunction, requiring the state to provide a fair subsidy to these individuals.
Case Documents
- Complaint for Injunctive Relief
- January 3, 2005 - Plaintiffs’ Motion for Class Certification
- February 17, 2005 - Plaintiff’s Reply in Support of Motion for Class Certifcation
- April 8, 2005 - Plaintiffs’ Motion for Partial Summary Judgment
- April 8, 2005 - Statement of Facts in Support of Motion for Partial Summary Judgment
- May 31, 2005 - Order Denying Defendants’ Motion for Summary Judgment and Granting Plaintiffs’ Motion for Partial Summary Judgment and Granting Injunction
- June 17, 2005 - Order Granting Permanent Injunction filed
Smith v. Aveiro (2004) ↓
Smith v. Aveiro, Civil No. 04-00309 (D. Haw). LEJ represented tenants at Ke Hale Kahaluu public housing in U.S. District Court seeking classwide injunctive relief for failures by the Hawaii Housing and Community Development Corporation to provide fair utility allowances. The case was dismissed on mootness grounds in 2006, as the underlying issues had been resolved.
Case Documents
- May 13, 2004 - Complaint for Injunctive Relief filed
- March 16, 2005 - Plaintiffs’ Motion for Partial Summary Judgment
- March 16, 2005 - Statement of Facts in Support of Motion for Partial Summary Judgment
- June 21, 2005 - Defendants’ Counter Motion for Summary Judgment
- June 21, 2005 - Defendant’s Statement of Facts in Support of Motion for Summary Judgment
- June 30, 2005 - Plaintiffs’ Reply in Response.
- June 30, 2005 - Plaintiffs’ Statement of Facts in Response
- July 7, 2005 - Defendants’ Reply in Response
- July 13, 2005 - Order Denying Plaintiffs’ Motion for Partial Summary Judgment filed
Smith v. Housing and Community Development (2004) ↓
Smith v. Housing and Community Development, Civil No. 04-1-69K.(Haw. Cir. Ct.). LEJ represented a statewide class of public housing tenants in Hawaiʻi Circuit Court against the Hawaiʻi Housing and Community Development Corporation, seeking classwide damages to compensate tenants for unfair utility allowances. The state ultimately settled the case, paying the tenants $2.3 million.
Case Documents
- May 17, 2004 - Complaint filed
- August 10, 2004 - Amended Complaint filed
- November 30, 2004 - Answer filed
- August 10, 2005 - Motion for Class Certification filed
- September 12, 2005 - Defendant’s Opposition to Class Certification filed
- September 15, 2005 - Plaintiffs’ Reply on Class Certification filed
- September 23, 2005 - Plaintiffs’ Cross Motion for Summary Judgment filed
- September 23, 2005 - Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment filed
- September 29, 2005 - Defendants’ Reply in Support of Motion for Summary Judgment filed
Waters v. Housing and Community Development (2005) ↓
Waters v. Housing and Community Development, Civil No. 05-1-0815 (Haw. Cir. Ct.). LEJ represented a class tenants at Wilikina Apartments, a State of Hawaiʻi project, in a class action to compensate tenants for unfair utility allowances. The case resulted in significant awards of back rent.
Case Documents
- May 6, 2005 - Complaint filed
- August 10, 2005 - Plaintiffs’ Motion for Class Certification filed
- August 31, 2005 - Answer filed
- October 14, 2005 - Plaintiffs’ Motion for Partial Summary Judgment filed
- October 25, 2005 - Defendants’ Memo in Opposition filed
- October 28, 2005 - Plaintiffs’ Reply filed
- November 16, 2005 - Plaintiffs’ Supplemental Memo in Support filed
- November 21, 2005 - Defendants’ Supplemental Memo in Opposition filed
- November 25, 2005 - Plaintiffs’ Supplemental Reply filed
- January 20, 2006 - Order Denying Partial Summary Judgment filed
- June 25, 2007 - Order Approving Final Class Action Settlement
Blake v. Nishimura (2008) ↓
Blake v. Nishimura, Civil No. 08-00281 (D. Haw). LEJ represents tenants at Westlake Apartments, a City and County of Honolulu project, in a class action to compensate tenants for unfair utility allowances. This case resulted in increased utility allowances and significant awards of back rent.
Case Documents
- June 12, 2008 - Complaint filed
- July 24, 2008 - Answer filed
- September 5, 2008 - Motion for Class Certification filed
- October 1, 2008 - Plaintiffs’ Motion to Compel Discovery filed
- October 24, 2008 - Order Granting Plaintiffs’ Motion to Compel Discovery filed
- October 30, 2008 - Order Granting Class Certification filed
- February 2, 2009 - Stipulated Order re: Class Notice filed
- May 15, 2009 - Defendant’s Motion to File Third Party Complaint against Hawaiian Properties filed
- June 4, 2009 - Plaintiffs’ Opposition to Motion to File Third Party Complaint filed
- June 10, 2009 - Defendant’s Reply in Support of Motion to File Third Party Complaint filed
- June 29, 2009 - City’s Third Party Complaint Against Hawaiian Properties filed
- December 22, 2009 - Third-Party Defendant’s Motion for Approval of Settlement and Memo in Support filed
- January 29, 2010 - Order Granting Third Party Defendant’s Motion for Approval of Settlement filed
- February 4, 2010 - Notice of Settlement of Class Action
- February 12, 2010 - Motions for Attorney’s Fees (AHFI) and (LEJ)
- February 26, 2010 - Defendant’s Memo in Opposition to Fees
- March 2, 2010 - Defendant's Supplemental Memo in Opposition to Fees
- March 5, 2010 - Reply in Support of Attorney’s Fees (AHFI) and (LEJ)
- March 31, 2010 - Order Granting in Part and Denying in Part Plaintiffs Motions for Attorneys Fees
Cruz v. Jack Hall (2009) ↓
Cruz v. Jack Hall Hawaii Housing Corpoation, Civil No. 09-1-2077 (Haw. Cir. Ct). LEJ represents tenants at Jack Hall Waipahu housing project in a class action to compensate tenants for unfair utility allowances. The case was filed on September 8, 2009.
Case Documents
- September 8, 2009 - Complaint filed.
Shea v. Kahuku (2009) ↓
Shea v. Kahuku Housing Foundation, Civil No. 09-1-2076 (Haw. Cir. Ct.)- LEJ represents tenants at Kahuku Elderly housing project in a class action to compensate tenants for unfair utility allowances. The case was filed on September 8, 2009.
Case Documents
- September 8, 2009 - Complaint filed
- October 9, 2009 - Defendant files Federal Notice of Removal
- October 13, 2009 - Defendant files State Notice of Removal
- November 12, 2009 - Defendant KHF Cross Claim Against Defendant Hawaiian Properties
- February 23, 2010 - Motion for Class Certification
- May 28, 2010 - Order Denying as Moot Without Prejudice Motion for Class Certifcation
- November 2, 2010 - Amended Complaint
- November 4, 2010 - Stipulation Regarding Class Certification
- January 12, 2011 - Notice of Settlement
- February 7, 2011 - Motion for Attorneys’ Fees
- March 31, 2011 - Order Granting Final Approval of Class Action