HUD News

The Department of Housing and Urban Development (HUD) announced today that it is charging individuals and entities associated with Kailua Kona, Hawaii, employees of the condominium association, employees of the property management company, and the owners of the property with discriminating against a resident due to disability.

The Fair Housing Act prohibits disability discrimination such as refusing to allow reasonable accommodations or modifications to allow homeowners with disability an equal opportunity to use and enjoy their housing.

HUD’s Deputy Assistant Secretary Demetria L. McCain said, “The Fair Housing Act requires housing providers to permit reasonable accommodations when such accommodation is necessary for an individual with disabilities to have equal enjoyment of housing. Today’s action demonstrates HUD’s ongoing dedication to taking appropriate action when housing providers fail to comply with the Fair Housing Act.”

HUD has filed a Charge of Discrimination against the condominium association, its employees, the property management company, its employees, the condominium unit’s owners, and their real estate agents. The charge alleges that they prevented a resident from using a temporary ramp, accessing a suitable parking space for wheelchair loading, and replacing a toilet in his unit at his own expense. As a result, the resident faced difficulties accessing and using his unit, leading him to sleep in his vehicle. Ultimately, these actions led to the resident withdrawing his offer to purchase the unit and moving out while the sale was in escrow.

HUD’s charge of discrimination will be heard by the United States Administrative Law Judge unless any party chooses to have the case heard in Federal Court. If after a hearing, the Judge finds out that the discrimination has occurred, then the judge may award damages to the resident for the losses he faced due to discrimination. The Judge can also order relief to deter further discrimination. Besides this, civil penalties can also be imposed.

If you or the others around you feel that they have been the victims of housing discrimination can reach out to HUD for assistance.