HUD Charges Hawaii Condominium with FHA Violations

On December 18, 2023, the United States Department of Housing and Urban Development (HUD) announced that it had charged a Hawaii condominium homeowners association (HOA), a property management company, and several individuals with discriminating against a resident because of a disability in violation of the Fair Housing Act (FHA). HUD’s charge of discrimination further alleges that the Respondents prevented the resident from using a temporary ramp to safely access his unit, from accessing a parking space that would allow him to load and unload his wheelchair, and from replacing a toilet at the resident’s own expense to allow him full use of his unit.

According to the Charge, the Complainant, who uses a wheelchair, had attempted to purchase a condominium unit in Kailua-Kona, Hawaii in late 2021; entering into an agreement to buy the unit from two of the Respondents. The Complainant and the seller-Respondents also entered into an early-occupancy agreement that allowed complainant to move into the unit prior to close of escrow.

Upon moving in, the Complainant was faced with several accessibility issues at the property. As alleged in the HUD Charge of Discrimination, when the Complainant installed a temporary ramp to allow him to access the unit, the HOA and property management company quickly objected. He sought reasonable accommodations for temporary and permanent ramp access, but the requests were denied or ignored. Although the Complainant had also made a reasonable accommodation request for an accessible parking space, and one was known to Respondents to be available, the Complainant’s request was not granted. Respondents also refused to grant Complainant’s reasonable accommodation request to replace the toilet in his unit to allow him full use of the unit. Respondents refused to grant these reasonable accommodation and modification requests.

HUD’s charge further alleges that the Complainant twice became stuck in his vehicle and was forced to spend the night there due to the refusal of the Respondents to grant his reasonable accommodation request for a reserved accessible parking space that met his disability-related needs.

The HUD Charge also describes that the property manager informed the Complainant that “we do not follow all of the ADA bullshit rules” and suggested that previous potential residents who used wheelchairs ultimately decided not to live in the condominium. Other respondents expressed amongst themselves, in emails, the desire that the complainant back out of the sale because of his requests.  The Complainant ultimately moved out of the unit and withdrew his purchase offer.

In addition to the fair housing claims for the denial of reasonable accommodations and modifications, the Charge also alleges the Respondents made discriminatory statements, and interfered and retaliation against Complainant for exercising his rights under the FHA.

The charge will be heard by a U.S. Administrative Law Judge unless any of the parties elect to have the case proceed in Federal District Court.

Click here to read the HUD Press Release and Charge of Discrimination.