Fighting for Public Housing Improvements (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.
Faletogo v. Hawaiʻi - Federal Case
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 3, 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. Hawaiʻi - State Case
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. Hawaiʻi - Federal Case
April 21, 2011: LEJ files federal complaint
Alexander v. Hawaiʻi - State Case
April 21, 2011: LEJ files state complaint
September 16, 2014: Motion for settlement approval
March 10, 2015: Order granting settlement approval
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Kuhio Park Terrace and Mayor Wright 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 allowed these projects to become unsafe and unsanitary.
Failing elevators, unsafe 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 was conditions in which persons with respiratory disabilities and mobility disabilities were either unable to access the project, or were faced with choosing between deplorable conditions and the streets.
For years, these horrible conditions had been public knowledge. They had also been 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 projects violated federal, state, and local housing codes. Nevertheless, the State of Hawaiʻi refused to take these issues seriously, resulting in a feeling of second-class citizenry for persons living ther.
In The News
Press Releases
Kuhio Park Terrace “KPT” Slums
A video tour of the Kuhio Park Terrace.
The suit filed in U.S. District Court claims the authority failed to meet standards under the Americans with Disabilities Act and the Fair Housing Act.