2019 Analysis of Impediments to Fair Housing: Phase 1 Report

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appropriate action to provide some access are as follows: 1) The number of LEP persons from a particular language group to be served or encountered; 2) The frequency of contact with LEP persons; 3) The nature and importance of the program; and 4) The resources available, including costs, to provide LEP services (Department of Justice, Enforcement of Title VI of the Civil Rights Act of 1964 National Origin Discrimination Against Persons With Limited English Proficiency; Policy Guidance, 65 FR 50123-01 (Aug. 16, 2000); H.R.S § 321-C3). Here, the agency has already identified the need for an interpreter for this important conversation. Asking for assistance from a family member of a tenant or potential tenant does not replace the agency's legal requirement to offer their own interpreter. Scenario 5: Aiko is a manager of an apartment building. Many of her previous tenants have been Marshallese, they often had extended family that would regularly have gatherings at their apartment or come to live with them. This frequently led to excess wear and tear, so Aiko charges a higher security deposit for Marshallese families. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 16.1% 19.4% 64.5% 0.0% 13.3% 50.0% 36.7% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: It is discrimination, on the basis of national origin, "[t]o discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction." (H.R.S. § 515-3) Scenario 6: Kal is a landlord who receives several requests for repairs to apartment units. He recognizes one address because he has made several repairs to the same unit. Last time Kal went to repair the unit, the tenant was talking to herself and her behavior seemed agitated. Kal avoids making the repairs to the unit because he believes the tenant caused the damage. Instead, he prioritizes other tenants' maintenance requests. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 19.4% 9.7% 71.0% 0.0% 20.0% 50.0% 30.0% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: It is discrimination, on the basis of disability, "[t]o discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction" (H.R.S. § 515-3; see also 42 U.S.C. § 3604(f)(1)). Disability "means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include current illegal use of or 17