HomeMy WebLinkAbout2019 Analysis of Impediments to Fair Housing: Phase 1 ReportAnalysis of Impediments to Fair Housing: Phase 1 Report
April 2020
Prepared for:
The County of Hawai`i's Office of Housing and Community Development
Prepared by:
Philip Garboden
HCRC Professor in Affordable Housing Economics, Policy, and Planning
Department of Urban and Regional Planning
University of Hawai`i Economic Research Organization
University of Hawai`i at Manoa
2424 Maile Way, Honolulu, HI 96822
215 880-7715, pgarbod@hawaii.edu
Co -PI' s
Krysia Mossakowski, Associate Professor, Department of Sociology
Jennifer Darrah, Assistant Professor, Department of Sociology
Hayden Shelby, Assistant Professor, Department of Urban and Regional Planning
Dina Shek, Legal Director, Medical -Legal Partnership, Richardson School of Law
Deja Ostrowski, Staff Attorney, Medical -Legal Partnership, Richardson School of Law
with
Catherine Chen, J.D., Legal Fellow
Laura Johnston, Graduate Student, Department of Sociology
Shannon Lundeen, Graduate Student, Department of Sociology
Michelle Harangody, Graduate Student, Department of Geography
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Preface
This report was solicited from staff at the University of Hawai`i at Manoa to fulfill the
requirement of the Department of Housing and Urban Development (HUD) that all agencies
receiving federal housing funds conduct an Analysis of Impediments to Fair Housing every five
years. This report was commissioned by and its scope pertains to the following agencies:
The Hawaii Public Housing Authority (HPHA); The Department of Human Services' Benefits,
Employment and Support Services Division (DHS-BESSD); The Department of Hawaiian Home
Lands (DHHL); The Hawai`i Housing Finance and Development Corporation (HHFDC); The
City and County of Honolulu's Department of Community Services (DCS); The County of
Hawai`i's Office of Housing and Community Development (OHCD); The County of Maui's
Department of Housing and Human Concerns (DHHC); The Kauai County Housing Agency
(KCHA).
Based on consultation with HUD representatives, this report focuses on two primary
impediments: 1) agency staff knowledge of fair housing law; 2) the degree to which agency
policies and procedures (legal, regulatory, and administrative) align with fair housing law and
affirmatively promote equal access to housing for all Hawai`i's residents.
Given the tight timeline of this report (commissioned per MOA on October 1, 2019), it will be
limited to the issues indicated above. A follow up report, scheduled for completion December
2020, will take a wider view of the Hawai`i's fair housing issues, engaging stakeholders across
the state and conducting targeted analyses designed to help agencies further their goals of
promoting equal opportunity.
All the authors would like to thank each of the agencies involved in this process for their
assistance in the preparation of this report. Your dedication to fair housing and the well-being of
your clients, often in the face of severe resource constraints, is truly inspiring.
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Introduction: About the Fair Housing Act and the Analysis of Impediments Report
The Fair Housing Act was signed into law by President Lyndon Johnson. Encompassing Title
VIII through Title IX of the Civil Rights Act of 1968, it explicitly outlawed discrimination based
on religion, race, color, and national origin as it relates to the rental, sale, or financing of
housing. In 1974, discrimination based on sex also became illegal and has since come to
encompass protection against sexual harassment. The Fair Housing Amendments Act was signed
in 1988 and was implemented in March of the following year. This amendment added persons
with disabilities and mandated accessibility features for multi -family residences of four or more
units built for occupancy on or after March 13, 1991. Families with children also became a
protected class, with protection extending to pregnant women.
Today, the Fair Housing Act (FHA) prohibits housing discrimination on the basis of the
following protected classes:
• Race
• Color (including ethnic background)
• Ancestry or National Origin
• Religion
• Sex (including protections for victims of domestic violence and gender performance)
• Familial Status (including family composition, pregnancy, and the presence of children)
• Disability (both physical and mental)
The State of Hawaii additionally prohibits discrimination based on:
• Marital status
• HIV status
• Sexual Orientation (including transgender)
• Age
The Fair Housing Act has three objectives. The first goal concerns equal opportunity and access
to housing. Second, the Act seeks to remedy discriminatory practices in mortgage lending and
property appraisal. And third, it seeks to eliminate preferential treatment as well as threats to all
individuals' fair housing rights. While designed to cover all forms of housing, there are few
situations in which a person or group might be exempt from the Act, such as 1) owner -occupied
homes with no more than four units, 2) rentals or sales of single-family homes without a broker,
and 3) private clubs or organizations that require membership.
The Fair Housing Act covers not only direct incidents of discrimination (such as a property
manager refusing to rent to a particular racial group) but also policies and procedures that may
have a disparate impact on a particular group. In other words, even if a policy is not written as
discriminatory, it can still be in violation of the FHA if it has a disproportionate impact on a
protected class. As with all FHA rules, this applies to both private firms and government
agencies. To make a disparate impact claim, a plaintiff must show that a particular policy 1) has
a causal effect that disadvantages a protected class; 2) does not serve any necessary business
purpose that could not be achieved in a different manner.
In 1994, President Clinton issued Executive Order No. 12892 that affirmed the Secretary of
Housing and Urban Development as the primary authority on leading fair housing initiatives and
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established the Secretary as the chair of the President's Fair Housing Council. This council
reviews existing programs and designs new ones to promote the advancement of fair housing
activities.
The Department of Housing and Urban Development (HUD) is tasked with enforcement of the
Fair Housing Act. Victims of unlawful discrimination may seek reparations by filing complaints
with the Secretary of HUD within 180 days of the incident. Remediation may also be sought by
filing a lawsuit in state or federal court. When a violation has been established, redress may
come in the form of compensatory damages, charges for corrective action, as well as awards for
punitive damages and/or civil penalties.
The Fair Housing Review Criteria was established in 1988 by HUD. It includes the regulatory
framework for an Analysis of Impediments to Fair Housing in both the private and public
sectors. The analysis includes four components. First is a comprehensive review of jurisdictional
laws, administrative policies, procedures, and practices for states or entitlements. Then an
assessment of housing availability and how the aforementioned regulations impact housing
availability. Next, conditions affecting fair housing choice for protected classes are analyzed.
The final step is an evaluation of the availability of accessible and affordable housing in various
unit sizes. HUD recommends an Analysis of Impediments be conducted every 3-5 years. In the
event of identified impediments, the jurisdiction should detail a list of actions for remedy, create
a timetable to track progress, and involve the community in finding solutions. The Analysis of
Impediments serves as the basis for monitoring and managing Fair Housing Planning.
Data and Methods for this Report
Analysis of Impediments Reports have historically focused on multiple issues related to fair
housing. Based on consultation with representatives from the Department of Housing and Urban
Development, we have focused on two issues: 1) agency staff's knowledge of fair housing law;
2) alignment of agency policies and procedures with the Fair Housing Act. In this section, we
briefly describe the methods employed in these analyses.
Staff Fair Housing Survey
The research team developed the "Hawai`i Housing Employee Anonymous Survey" designed to
estimate agency staff members' knowledge of fair housing law. The survey was designed to be
consistent across all partner agencies and the bulk of the questions focused on issues relevant to
individuals working in public agencies tasked with administering subsidized housing programs.
We are grateful to lead representatives from each participating agency who were invited to make
comments on the draft survey. Some basic yes/no questions were asked, but the bulk of the
evaluation hinged on a series of Fair Housing Scenarios designed to incorporate the complexity
of fair housing law. Staff were asked to assess whether or not each scenario was likely an
example of a fair housing violation and the degree to which they believed such violations
occurred frequently in Hawai`i. The survey also collected demographic information on all
agency staff.
For the full survey instrument, see Appendix A.
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The survey was administered online through a University enterprise account with
SurveyMonkey.com. Each agency provided a list of all staff members, who were then sent
invitations to participate in the survey in the first week of December. Staff who wished to do so
could provide their email address to be entered into a gift card drawing. Subsequent email
reminders were sent to each staff member over the first half of December 2019. Overall, the
survey completion was highly successful: over 70% of agency staff completed the survey — a
remarkably high response rate. Specific agency response rates are found later in the report. We
are extremely grateful for the assistance of our agency partners and staff members who ensured
the success of the survey.
Document Review
Each agency provided a set of documents that summarized their agency's policies, procedures,
and training related to fair housing. The list of policy documents requested from each agency
was as follows:
Policy Manuals, Rules, and Regulations
We would like to review all policy manuals (including rules and regulations) used by
your staff for each of the housing programs you administer. These may include, but are
not necessarily limited to: 1) Housing Choice Voucher Program; 2) Public Housing; 3)
Project Based Section 8; 4) the federal and state LIHTC programs; 5) other supply-side
housing programs (202, 203b, 811, etc.); 6) the Rental Assistance Payment (RAP); 7)
rental housing revolving funds (state or local); 8) VASH; 9) CBGB; 10) HOME; 11)
other homelessness programs; 12) TBRA; 13) Hawaiian Homelands.
Agency Reports
All plans and reports produced by your agency (annual reports, 5 -year plans, previous
consolidated reports).
State and Local Policies under Your Purview
If there are relevant pieces of legislation that have not yet been consolidated into your
internal rules and regulations, please share those as well.
Scoring and Ranking Systems
If not included in the Policy Manuals, please submit all scoring and ranking systems.
These can include project evaluation criteria (QAP, for example), information on the
waitlist management and scoring, rent reasonableness determination processes, and so
forth.
Training Materials
We would like to review and materials used to onboard new employees related to fair
housing (or offered to existing employees).
Each agency provided a different document set. The full set of documents provided for this
report can be found in Appendix B.
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The documents were then carefully reviewed by staff and faculty of the William S. Richardson
School of Law. The analysis was designed to answer two questions: 1) do the documents comply
with current interpretation of fair housing law; and 2) are the policies and procedures adequate to
the task of affirmatively furthering equal housing access for disadvantaged communities in
Hawai`i.
County of Hawai'i Demographic Profile
This section provides an overview of population characteristics of the County of Hawai'i, paying
specific attention to protected classes of people and population groups most likely to struggle to
find adequate housing. It begins with individual -level demographic data related to age, sex, race,
national origin, and disability status. The remainder of the section focuses on household- and
family -level demographics, including household composition, income, and poverty status. All
data are U.S. Census American Community Survey 5 -year estimates.
Total Percent Percent
Population Male Female
Median Age
Percent Percent
Below 18 Over 65
Percent of
population with
a disability
State of
Hawaii
Hawai'i
County
1,422,029
197,658
50.2% 49.8%
49.7% 50.3%
38.9 21.6%
42.3 21.9%
17.3% 11.2%
19.3% 13.7%
Source: ACS 5 -Year, 2018
The total population of the County of Hawai'i is just under 197,658, comprising 13.9 percent of
the population of the state. Both the county and state have nearly equal numbers of males and
females. However, the population of Hawai'i County is older than the overall state population,
both in terms of median age and the percentage of people over the age of 65. In addition to
having an older population, Hawai'i County also has the highest percentage of people living with
a disability at 13.7 percent, compared to a statewide rate of 11.2 percent.
60%
50%
40%
30%
20%
10%
0%
Race and Ethnicity*
56.5% 55.4%
43.3% 43.1%
33.4%
26.2°/
3.5%
1.9%274-376°o
b -2J7%
10.4% 12.7%—
Native Hawaiian Asian White Black or African American Indian Some Other Race Hispanic or
or Other Pacific American or Alaska Native Latino Ethnicity
Islander (any race)
• State of Hawaii • Hawai'i County
*Races are reported alone or in combination. Therefore, percentages amount to more than 100%
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Hawai'i County is racially and ethnically diverse. Over 28 percent of people identify as two or
more races. Compared to the State of Hawai'i, Hawai'i County has a larger number of people
identifying as Native Hawaiian or Pacific Islander, over one third of the population. It also has a
larger percentage of people identifying as White and a smaller percentage identifying as Asian.
People identifying as other races account for less than 10 percent of the population, and 12.7
percent identify as being Hispanic or Latino.
Place of
Origin
Born in U.S.
Born in
Hawaii
Born in
another state in
the U.S.
Foreign
Born
Speaks language
other than
English at home
Speaks English
less than "very
well"
State of
Hawaii
81.7%
53.3%
25.3%
18.3%
26.1%
12.1%
Hawai'i
County
88.1%
55.6%
30.5%
11.9%
21.8%
6.9%
Source: ACS 5 -Year, 2018
Compared to the state of Hawai'i, Hawai'i County has a smaller proportion of residents born
abroad. A slim majority of the population of the county was born in the State of Hawai'i (55.6
percent). Another 30.5 percent of the population was born in another U.S. state, and 11.9 percent
were born outside the U.S and its territories. Of those born outside the U.S., a larger percentage
hail from Oceania compared to the state as a whole; however, the majority (64 percent) come
from Asia. 12.1 percent of people over the age of five speak a language other than English at
home, and 6.9 percent of people speak English less than "very well."
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
79.1%
64.0%
Asia
Total
Housing
Units
Place of Origin of Foreign Born Population
9.6% 13.5%
Oceania
Total
Households
8.7% 4.8% 8.8%
4.2% 0.6% 0.9%
Europe
111.
Africa Latin America
• State of Hawaii • Hawai'i County
Average
Household
Size
Median At least 1
Household person under
Income the age of 18
Northern America
At least 1
person over
the age of 65
Grandparents
living with
grandchildren
State of
Hawaii
Hawai'i
County
539,053 456,782 3.02 $78,084 32.4%
36.0% 12.2%
87,101 68,412 2.84 $59,297 28.4% 38.6%
9.7%
Source: ACS 5 -Year, 2018
Many households and families face barriers to accessing housing. Income and family
composition can contribute to the inability to access housing. Just under one third of households
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have at least one person under 18, and nearly 40 percent have a person over 65. In 9.7 percent of
households, grandparents live with grandchildren. Hawai'i has a much lower median income
than the state as a whole. It also has a larger portion of families falling below the poverty line,
especially those with children. A staggering 42.7 percent of single female -headed households
with children live below the poverty level.
50%
40%
30%
20%
10%
0%
6.7%
11.9%
Family Poverty Levels
10.0%
19.7%
26.9%
4277%
Families below the poverty line Families with children under 18 Single female -headed familes
below the poverty line with children under 18 below the
poverty level
• State of Hawaii • Hawai'i County
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PART 1
Assessing Staff Knowledge of Fair Housing
In this section, we describe results from our survey of agency staff related to their familiarity
with fair housing law.
The survey was administered to all of the eight agencies participating in the study. Part 1, below,
reports the findings for Office of Housing and Community Development, Hawai`i County.
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1.1 Response Rate & Respondent Demographics
As of January 1st, 2020, out of 49 total invitations sent to individual agency staff, there were 33
"completed" (of these 3 were partially completed) for a total response rate of 67%. This is an
acceptable and better than average response rate, which strengthens the reliability of our survey
results. The survey was distributed to all OHCD staff, including those in the Accounting
Department and other non -housing program departments.
Table 1.1 below shows the demographics of the staff member respondents who completed the
survey. We encourage agencies to compare this information to their understanding of their staff's
overall characteristics to identify any potential bias in who completed the survey.
[See Table 1.1 at End of Section]
The ethnic backgrounds most represented included: Japanese (40%); White/Caucasian (30%);
Native Hawaiian and Other (both 20%). Filipino and Chinese ethnicity were the next two most
common identified (16.7% and 13.3% respectively). For this question, multiracial respondents
could select all that applied. Two-thirds of respondents identified as female. The largest age
group included those aged 40-49 (36.7% of respondents), with over 43% over age 50. A majority
had advanced graduate degrees (2/3rds of respondents had a Masters, Law or other Graduate
degree). Notably, no employee indicated that they had a disability. Two-thirds were born in
Hawai`i and otherwise, most had lived in state over 20 years.
Given the challenges associated with serving Hawai`i's multilingual population, we have
summarized the languages in which agency staff respondents stated they were comfortable
conversing. Due to confidentiality we cannot, of course, assess whether these language
competencies are employed in client -facing roles at the agency. However, these language skills
represent potential agency resources to advance fair housing access for language minorities or
Limited English Proficiency individuals.
At least one respondent spoke Hawaiian, Japanese, Ilocano, Tagalog, and Kosraean. Local
languages not represented include Cantonese, Mandarin, Visayan, Korean, Thai, Vietnamese,
Samoan, Palauan, Chamorro, Chuukese, Marshallese, Pohnpeian, Tongan, Yapese, and
American Sign Language.
1.2 Respondent Training Needs
In addition to assessing staff competency with fair housing, we also asked respondents directly
whether or not they have received training in fair housing and what additional training they
would like to have. The latter was asked after the substantive questions in hopes that gaps and
limitations would be more apparent after respondents were confronted with a slate of fair
housing questions.
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Table 1.2: Fair Housing Training : Hawai'i
County
Have you ever received training?
None 36.4%
Yes, In Workplace 57.6%
Yes, Outside Workplace 3.0%
Both In and Outside 3.0%
How important is fair housing for your job?
Not At All 9.1%
Mildly 15.2%
Moderately 18.2%
Very 27.3%
Extremely 30.3%
Have You Received Fair Housing
Training? (Hawai'i County)
■ None
■ Yes, In Workplace
■ Yes, Outside Workplace ■ Both In and Outside
While a majority of respondents have received training in their workplace (nearly 58%), a
sizable share have never received training (36.4%). It is worth noting that 30% of the
respondents are newer employees and have worked at this agency for less than 3 years. Given
that the majority of respondents (also nearly 57.6%) indicate that fair housing is either "very" or
"extremely" important for their work, findings suggest opportunities for training and education.
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Importantly, a large share know who to contact about potential fair housing violations. Only
18.2% of respondents stated that they did not know who to contact at their agency about
potential fair housing violations. Respondents were asked to list these contacts; to protect staff
privacy, this list will be provided to each agency directly for evaluation.
When asked, respondents listed the following topics as potentially useful training (note, beyond
adjustments to spelling and grammar and any edits to preserve confidentiality, this list is taken
verbatim from the survey):
Table 1.3: Training Requests: County of Hawai`i
Service Animals; Transgender rights
Eviction
Role of "fair housing coordinator"
How the law protects persons/families with mental illness or disabilities
Enforcement
As it applies to choosing tenants for rentals
Service animal and handicap accessible alterations
Tenant Rights; Landlord Rights
All of them
More overall training would be nice
1.3 Response to Simple Fair Housing Questions
For the evaluation of substantive knowledge about fair housing, we first asked respondents to
identify the classes of people protected by the fair housing act. These results are shown in the
Figure below:
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Identification of Protected Classes: Hawaii County
0.0% 20.0% 40.0% 60.0% 80.0% 100.0%
Age
Citizenship
Credit History
Criminal Record
Disability
Family Status
Family Size
Income
Marital Status
Military Service
National Origin
Race or Ethnicity
Religion
Rental History
Sex
State Residency
None of the Above
■ yes ■ no
The proper list of protected classes is: age, disability, familial status, marital status, national
origin, race/ethnicity, religion, and sex.
Respondents by and large identified the protected classes correctly. However, of note, slightly
lower shares of respondents identified familial status and marital status as protected classes
(78.8% and 69.7% respectively; as compared to the 97% who identified race/ethnicity and sex as
protected classes). This suggests that more awareness could be brought to protections according
to familial and marital status.
However, many also identified groups not protected by fair housing law as being covered under
the act. For example, sizeable shares stated that it was a violation to discriminate on the basis of
income (over 30%) and criminal records (over 21%). While there are many nuances in fair
housing, these factors represent mechanisms by which landlords and housing agencies can
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legally screen clients. Similarly, many (about 1/3rd) respondents felt that veteran status (or
military service) denotes a protected class. While many protections exist for veterans, the fact
that it does not represent a protected class under fair housing law means that landlords and
housing agencies are allowed to use veteran status as an inclusive criteria in screening (such as
the VASH program).
Beyond this question, we also asked a series of straightforward questions related to fair housing
the answers to which are presented in Figure 1.4.
[see Table 1.4 at end of Section]
Hawai`i County respondents scored very well on questions related to religion (97% correct) and
retaliation against a tenant making a fair housing complaint (94% correct). Respondents also
scored well (almost 95% correct) and recognized the need for language support for LEP or non-
English speaking households (even though it applies to public housing leasing, which is not the
sole purview of Hawai`i County's Office of Housing and Community Development).
Relatively large shares of respondents indicated "don't know" to questions about mental illness
(30%); marital status (33%); and military service (27%) showing a need for more elaboration in
these area. Interestingly, though the large majority understood disability as a protected class,
15% were incorrect about the lawfulness of refusing an applicant due to mental illness (in
addition to the 30% who indicated they "don't know"). This suggests a need for expanded
understanding of disability protections that include mental illness. In addition, given responses
to questions about marital status and familial status here and in the previous section, clarification
about single vs. married status protections would benefit respondents. Also, some respondents
incorrectly identified a range of behaviors as discriminatory that were not, according to state law:
these include source of income (voucher status) and military status incentives.
1.4 Response to Fair Housing Scenarios
In addition to assessing respondents' basic familiarity with fair housing law, the bulk of the
survey assessed the full range of respondents' comprehension of fair housing through questions
about fictional fair housing scenarios. These scenarios were intentionally designed to be
nuanced, in order to reflect the complexity of fair housing issues, in practice. Respondents were
asked whether each scenario was likely "illegal discrimination in Hawai`i" (with optional
answers: Yes, No, Don't know). In addition, we asked each respondent to offer their opinion
about how often the issues raised in each scenario occur. Answers to these questions provide an
indirect way to assess how often the specific fair housing issues come up, in practice. Therefore,
while the number of agency employees who identified the correct answer is an important metric,
we also encourage agencies to review the prevalence of each scenario as estimated by their staff,
which will present important information on what types of issues are more prevalent and
therefore what types of training would be most beneficial for staff.
For each scenario, we provide the correct answer along with a legal explanation for that answer.
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Scenario 1: Kevin is the landlord of a kupuna apartment complex for elderly tenants. He avoids
selecting applicants who have young children because he wants 11 to remain a quiet place.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
9.7% 4L9% 48.4% 0.0% 16.7% 53.3% 30.0%
Correct Answer: No, it is unlikely that this scenario represents discrimination.
Legal Explanation: Normally, familial status is an illegal basis of discrimination. However, here,
Kevin is the landlord of an "apartment complex for elderly tenants." The provisions against
familial status discrimination do not "apply with respect to housing for older persons." Under the
law, however, these provisions related to housing for older tenants apply only apartment
complexes adhering to the specific definitions indicated here: they would need to be "(A)
provided under any State or Federal program that the Secretary [HUD] determines is specifically
designed and operated to assist elderly persons (as defined in the State or Federal program); or
(B) intended for, and solely occupied by, persons 62 years of age or older; or (C) intended and
operated for occupancy by persons 55 years of age or older, and— (i) at least 80 percent of the
occupied units are occupied by at least one person who is 55 years of age or older; (ii) the
housing facility or community publishes and adheres to policies and procedures that demonstrate
the intent required under this subparagraph; and (iii) the housing facility or community complies
with rules issued by the Secretary for verification of occupancy, which shall— (I) provide for
verification by reliable surveys and affidavits; and (II) include examples of the types of policies
and procedures relevant to a determination of compliance with the requirement of clause (ii).
Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the
purposes of such verification." (42 U.S.C. § 3607)
Scenario 2. When Rumika, an employee at a housing agency, receives a phone message from a
local 808 area code that asks about Section 8 (or Housing Choice) vouchers, she calls them back
first. Rumika has seen data that shows that many vouchers in her program are assigned to
people not from Hawai '1. Her county demographics do not reflect that large of a percentage, so
Rumika feels itis her duty to try to make sure that the public housing goes to those that reflect
the demographics from the local community in Hawai '1.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
25.8% 32.3% 4L9% 0.0% 27.6% 34.5% 37.9%
Correct Answer: No, it is unlikely that this scenario represents discrimination.
Legal Explanation: State residency or state origin are not protected classes according to fair
housing law (H.R.S. § 515-3). However, there are complicated developments in the law regarding
this issue. Additionally, agencies should make sure other constitutional protections are not
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triggered, or `local' is used as a proxy for race or ancestry discrimination. Agencies should
remain vigilant to track and address new legal or regulatory determinations.
Scenario 3. Tia is an employee at a housing agency and she thinks that many of the vacant units
in public housing are going to Micronesian families in Hawai `i. She meets a Micronesian family
that needs to take action to continue their program eligibility, but the family needs an
interpreter. Tia sends a written letter in English to them that has a phone number at the bottom
that tells them how to get an interpreter.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
16.1% 45.2% 38.7% 0.0% 13.3% 56.7% 30.0%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: The law requires "meaningful access" to housing for individuals with
Limited English Proficiency (LEP), and the factors for determining if an agency is taking
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
identified that a high number of individuals with origins the region of Micronesia (including
speakers of various Micronesian languages such as Chuukese and Marshallese), have a high
frequency of contact with agencies. Given the importance of housing as a resource, and the risk
that this family, per this notice, could lose access to this fundamental need, this scenario raises
the risk of fair housing violations. The resources required to translate a letter should not
outweigh the needs for housing of LEP individuals.
Scenario 4. Roman is an employee at a housing agency and will be meeting with some tenants to
discuss maintenance repairs to their unit. Roman is aware that a Chuukese/English translator
was needed for the meeting. Roman tells the tenants to bring their son, who is able to speak both
English and Chuukese, rather than hiring an interpreter.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
33.3% 53.3% 13.3% 0.0% 3.2% 35.5% 6L3%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: The law requires "meaningful access" to housing for individuals with
Limited English Proficiency (LEP), and the factors for determining if an agency is taking
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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
addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety
of others" (H.R.S. § 515-2; see also 42 U.S.C. § 3602(h)). Here, the maintenance would be a
service in connection with the real estate transaction. There is no indication of a safety issue or
"direct threat" here (See 42 USC § 3604(f)(9)).
Scenario 7. Lilly is a property manager for housing subsidized through the federal low-income
housing tax credit (LIHTC). She refuses the reasonable accommodation to build a wheelchair
ramp to the first floor rental apartment of a tenant with a disability. Lilly was told by her other
tenants that they would not like how it looks.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
12.9% 6.5% 80.6% 0.0% 36.7% 46.7% 16.7%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: It is discrimination "To refuse to permit, at the expense of a person with a
disability, reasonable modifications to existing premises occupied or to be occupied by the
person if modifications may be necessary to afford the person full enjoyment of the premises;
provided that a real estate broker or salesperson, where it is reasonable to do so, may condition
permission for a modification on the person agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable wear and tear excepted." (H.R.S. § 515-
3(8)).
Scenario 8. Lisa is a landlord of an apartment building. She refuses to renew Bob's lease
because other tenants have complained that Bob seems to have a mental illness and damaged
some chairs by the pool.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
32.3% 35.5% 32.3% 0.0% 26.7% 53.3% 20.0%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: It is illegal to discriminate based on disability, including mental health
disability (H.R.S. § 515-3; see also 42 U.S.C. § 3604(0(1)). Although, "[n]nothing in this
subsection requires that a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals or whose tenancy would
result in substantial physical damage to the property of others," that must be an individual
determination not based on stereotypes (42 U.S.C. § 3604(0(9)). There is no information here to
show that there is such an issue here, other than neighbors blaming Bob for the damage to some
chairs by the pool.
18
Scenario 9. Susan has a diagnosed mental illness that makes 11 difficult for her to keep her
apartment clean and organized. In the past few months, her unit has gotten very dirty and has
been overrun with cockroaches. She asks her landlord, Ronald, to hire an exterminator. Ronald
says the reason for the cockroach problem is that Susan does not keep her unit clean enough and
is therefore in violation of her lease, so he sends her a notice of eviction.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
12.9% 54.8% 32.3% 0.0% 30.0% 40.0% 30.0%
Correct Answer: No, it is unlikely that this scenario represents discrimination.
Legal Explanation: It is illegal to discriminate based on disability, including mental health
disability. However, "[n]nothing in this subsection requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health or safety of other
individuals or whose tenancy would result in substantial physical damage to the property of
others" (42 U.S.C. § 3604(f)(9)) That must be an individual determination. Here, because of the
wording "overrun with cockroaches," there may be a "direct threat" to health and safety.
Scenario 10: Keola is a director of an emergency shelter for those who are homeless. When
people come to the shelter, he asks them if they have any physical disabilities because he wants
to screen them to select those who can lift their mattress off the floor for cleaning.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
9.7% 25.8% 64.5% 0.0% 37.9% 34.5% 27.6%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: It is illegal to discriminate based on disability for a housing accommodation.
A "`housing accommodation' includes any improved or unimproved real property, or part
thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied,
as the home or residence of one or more individuals" (H.R.S. § 515-2; see also H.R.S. § 515-3).
The shelter would likely be considered a "housing accommodation," although the determination
would be fact -specific.
Scenario 11: Lori has a service dog that notifies her when she has to take her insulin. The
landlord tells Lori that she will be evicted if she keeps the dog because she never disclosed that
she had a service animal prior to signing the lease and there are no pets allowed in the
apartment complex.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
16.1% 22.6% 6L3% 0.0% 17.2% 48.3% 34.5%
19
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: The service dog would be considered a reasonable accommodation. It is
discrimination "To refuse to make reasonable accommodations in rules, policies, practices, or
services, when the accommodations may be necessary to afford a person with a disability equal
opportunity to use and enjoy a housing accommodation; provided that if reasonable
accommodations include the use of an animal, reasonable restrictions may be imposed" (H.R.S.
§515-3(9)). Even if there are no pets allowed here, the service dog would be considered a
reasonable accommodation. Here, there is a tricky wrinkle in that Lori did not disclose the dog at
first. However, the service dog would likely still be considered a reasonable accommodation.
Lori would be subject to the "reasonable restrictions" imposed by her landlord.
Scenario 12. Rissa lives alone in an apartment. When her boyfriend visits, the couple frequently
argues and the neighbors have had to call the police several times because of domestic violence.
The property manager tells Rissa that her boyfriend is making trouble and is not allowed in the
apartment complex. The boyfriend returns to Rissa's apartment, her neighbors make a noise
complaint, and later Rissa receives an eviction notice.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
13.3% 73.3% 13.3% 0.0% 3.6% 39.3% 57.1%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: Rissa is a victim of domestic violence. HUD has clarified, "A local
government's policies and practices to address nuisances, including enactment or enforcement of
a nuisance or crime -free housing ordinance, violate the Fair Housing Act when they have an
unjustified discriminatory effect, even when the local government had no intent to discriminate"
(HUD, Office of General Counsel Guidance on Application of Fair Housing Act Standards to the
Enforcement of Local Nuisance and Crime Free Housing Ordinances Against Victims of
Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency
Services (Sept. 13, 2016)1), Here, there is a less discriminatory alternative of enforcing the ban
on the boyfriend without evicting Rissa.
Scenario 13. Charmaine has been diagnosed with cancer and requires a caregiver while she
undergoes treatment and recovers from her surgery. Charmaine 's daughter moves in as a
caregiver, along with her husband and two young children. Charmaine receives a notice of
eviction from her landlord stating that she is violating the rules of her lease by having more than
one occupant in her apartment.
1
https://www.hud.govisites/documents/FINALNUISANCEORDGDNCE.PDF
20
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely
30.0%
46.7% 23.3%
Never Rarely Occasionally Regularly
0.0% 10.7% 57.1% 32.1%
Correct Answer: No, it is unlikely that this scenario represents discrimination.
Legal Explanation: A live-in aide is considered an appropriate accommodation, which is legally
required. "Live-in aide means a person who resides with one or more elderly persons, or near -
elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care
and well-being of the persons; (2) Is not obligated for the support of the persons; and (3) Would
not be living in the unit except to provide the necessary supportive services" (24 C.F.R. § 5.403).
The live-in aide requirement does not include the daughter's husband and two young children.
Because of that, there is no violation for the eviction notice. However, it would be more likely to
be discrimination if the landlord were evicting a single live-in aide.
Scenario 14. Christina is transgender (male to female), wearing a dress, and selects 'female"
on the application form for a rental apartment. The property manager asks to see a photo
identification, which is his standard practice. Christina's driver's license still lists her as a
"male" (her sex at birth) named Christopher (her birth name). Because the property manager
cannot verify the applicant's identity, he refuses to accept the application.
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely
Never Rarely Occasionally
13.3%
36.7% 50.0%
3.6% 17.9%
53.6%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Regularly
25.0%
Legal Explanation: "It is a discriminatory practice for an owner or any other person engaging in
a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including
gender identity or expression, sexual orientation, color, religion, marital status, familial status,
ancestry, disability, age, or human immunodeficiency virus infection: (1) To refuse to engage in
a real estate transaction with a person" (H.R.S. § 515-3). Hawaii has explicitly defined sex to
include "gender identity or expression" so transgender individuals are a protected class. If
Christina presents the ID as her own identification and requests to be recognized as "female" and
"Christina" rather than "male" and "Christopher," that would not be an allowable basis for
rejection of the application. If the property manager is unable to verify the identity because he
suspects that the "Christopher" ID is a fake ID and not Christina's real ID, then that would be
different. Based on the wording of this questions, however, that does not seem to be the case.
Scenario 15: James is a realtor with a client looking to purchase a 3 -bedroom 2 -bath single
family home. Because the family is White/Caucasian, James chooses to only show them homes in
neighborhoods where he believes they will be safer and more accepted. He avoids showing them
homes in neighborhoods where he believes "haoles" will not be welcomed.
21
Is this a fair housing violation... How frequently do you think this occurs...
Don't Know Unlikely Likely Never Rarely Occasionally Regularly
13.3% 26.7% 60.0% 0.0% 7.1% 50.0% 42.9%
Correct Answer: Yes, it is likely that this scenario represents illegal discrimination.
Legal Explanation: It is discrimination to "steer a person seeking to engage in a real estate
transaction" on the basis of race" (H.R.S. § 515-3). "Steering" includes the practice of directing
persons who seek to enter into a real estate transaction toward or away from real property in
order to deprive them of the benefits of living in a discrimination -free environment" (H.R.S. §
515-2).
1.5 Summary and Recommendations
Staff members of the County of Hawai`i's Office of Housing and Community Development
showed a solid comprehension of basic fair housing issues. Survey respondents also expressed
openness to and interest in additional fair housing training. In light of the complexity of many
fair housing protections, and in particular, given the specific agency responses, we suggest
efforts to deepen staff understanding of issues related to: mental illness; family and marital
status; language translation and interpretation; and sex (especially as pertaining to domestic
violence).
Responses to the fair housing scenarios raise attention to the need for additional training in areas
related to: 1) translation and interpretation of communications (both written and verbal) with
limited or non-English speaking families (scenarios 3 and 4) and; 2) domestic violence
(scenariol2). Notably, responses for scenarios 3, 4 and 12 were more often incorrect than
correct. Importantly, responses indicate that encounters with domestic violence as well as
translation issues occur more regularly than other possible fair housing violations, making these
important areas of future development which should be of interest to the highly committed,
educated, and Hawaii -rooted professionals of the Hawaii County Office of Housing and
Community development.
22
Table 1.1: Demographics: Hawaii County
Race/Ethnicity
African American/Black 0.0%
Chinese 13.3%
Filipino 16.7%
Japanese 40.0%
Korean 6.7%
Latino/Hispanic 0.0%
Native American 3.3%
Native Hawaiian 20.0%
White/Caucasian 30.0%
Other 20.0%
Gender
Male 30.0%
Female 66.7%
Non -binary 0.0%
Prefer to self -describe 0.0%
Prefer not to answer 3.3%
Age
18-29 6.7%
30-39 10.0%
40-49 36.7%
50-59 23.3%
60-69 20.0%
70+ 0.0%
Prefer not to answer 3.3%
Highest Level of Schooling
Less than high school
High school diploma
GED
Associate Degree
Bachelor Degree
Master Degree
Doctorate
Law Degree
Other Professional Degree
Other (Please specify)
0.0%
6.7%
3.3%
13.3%
6.7%
56.7%
6.7%
3.3%
0.0%
0.0%
Disability
Yes 0.0%
No 93.3%
Prefer not to answer 6.7%
Born in Hawaii 66.7%
23
How Long Lived in Hawaii
less than 1 yr
1-5years
6-10years
11-20years
21-30years
31-40yea rs
41-50years
51 or more years
Marital Status
3.5%
0.0%
0.0%
3.5%
17.2%
13.8%
34.5%
27.6%
Single 20.0%
Married 66.7%
Cohabitating 3.3%
Widowed 3.3%
Divorced 3.3%
Separated 0.0%
Prefer not to answer 3.3%
Number of Children
Zero 23.3%
One 13.3%
Two 36.7%
Three 16.7%
Four 3.3%
5+ 3.3%
Prefer not to answer 3.3%
24
Table 1.4: Responses to Short Questions: Hawaii County
[Answer] Question
[yes]
[yes]
[no]
[yes]
[yes]
[yes, but]
[no]
[yes]
[no]
[yes]
[yes]
[yes]
According to fair housing law, is it illegal discrimination if a
landlord refuses to rent a unit to an applicant because her
references say she has a history of mental illness?
Is it illegal discrimination if a landlord falsely informs an
applicant that a rental apartment is no longer available
because the applicant is a Jehovah's Witness and the
landlord thinks other tenants in that building would not want
to be contacted by Jehovah's Witnesses to become members
of that religious group?
Is it illegal discrimination in Hawaii to make, print or publish
any notice, statement or advertisement with respect to the
rental of an apartment that indicates Section 8 or Housing
Choice voucher holders should not apply?
Is it illegal discrimination to use different credit rating
standards for a married couple than a single woman when
selecting tenants?
Is it illegal discrimination to discourage the purchase of a
dwelling for someone who is from another country?
Does fair housing law in Hawaii apply to a private landlord
who is selecting tenants for a room in his or her own house?
Is it illegal discrimination to select roommates based on their
gender when renting an apartment?
Is it illegal discrimination to only place families with children
in the section of the building without outdoor balconies
because the balconies in the other section are unsafe for
children?
Is it illegal discrimination when a landlord in Hawaii waives
the security deposits for military members because the
landlord believes they are reliable tenants, but the
apartments were advertised to the general public and non-
military members would need to pay a security deposit?
Does it violate fair housing requirements to fail to provide an
interpreter to non-English or limited -English speaking
applicants, who have difficulty reading, writing, speaking or
understanding English, at the time of renewing their lease in
a public housing development?
Does it violate fair housing requirements if a landlord delays
repairs for a tenant's apartment because that tenant has an
ongoing fair housing complaint (unrelated to the repairs
needed) filed against the landlord?
Must housing providers make reasonable accommodations
and allow reasonable modifications to be made in a timely
manner for tenants with disabilities?
yes no don't know
54.5% 15.2% 30.3%
97.0% 0.0% 3.0%
30.3% 48.5% 21.2%
42.4% 24.2% 33.3%
69.7% 15.2% 15.2%
54.5% 21.2% 24.2%
45.5% 33.3% 21.2%
42.4% 33.3% 24.2%
27.3% 45.5% 27.3%
84.8% 6.1% 9.1%
93.9% 0.0% 6.1%
72.7% 9.1% 18.2%
25
[yes]
[yes]
[no]
[yes]
[yes]
[yes, but]
[no]
[yes]
[no]
[yes]
[yes]
[yes]
Short Answer Responses: Hawaii County
0.0% 20.0% 40.0% 60.0% 80.0% 100.0%
•yes ■ no ■don't know
PART 2
Review of Policies and Procedures
In this section we present the legal team's review of the policy and procedures submitted by the
agency.
26
1. Overview
A review of submitted documents was undertaken to assess "the degree to which agency policies
and procedures (legal, regulatory, and administrative) align with fair housing law and
affirmatively promote equal access to housing for all Hawai`i's residents." In particular, this
analysis focused on two questions: 1) do the documents comply with current interpretation of fair
housing law; and 2) are the policies and procedures adequate to the task of affirmatively
furthering equal housing access for disadvantaged communities in Hawai`i.
The County of Hawai`i's Office of Housing and Community Development (OHCD) plans,
administers, and operates housing programs for the County of Hawai`i, including Section 8
rental assistance.
2. Agency Policies
Agencies were asked to submit all documentation that showed policies as well as their steps
taken to affirmatively further fair housing. First reviewed were documents submitted by OHCD
to demonstrate current policies regarding fair housing laws.
2.1 Compliance
OHCD's policy documents do not fully comply with fair housing laws in the state of Hawai`i.
The PHA Administrative Plan omits protected classes under state law and overall presents
confusing language about the applicability of state fair housing law. Other submitted documents
reflect a similar confusion about the applicable protected classes. OHCD does appear to have the
required policies for laws regarding minimum compliance with reasonable accommodation for
disabilities. Finally, there is some question as to the sufficiency of the agency's language access
plan.
As to be discussed in Section III, while OHCD does submit some evidence to demonstrate a
review of impediments to fair housings, there is little evidence submitted that suggests OHCD
has taken steps to analyze and review demographic data, or has worked to challenge patterns of
segregation or review and address areas of concentrated poverty. Instead, policies appear to be
confined to mere basic minimum compliance with fair housing laws.
2.2 Policy Documents
OHCD focused on submitting policy documents and project proposals that demonstrated some
commitment to communicating and ensuring that individuals accessed fair housing and were
informed of their rights and responsibilities. OHCD also submitted some public -facing notices
and forms. However, despite identifying language access as a key need for affirmatively further
fair housing, none of the notices and forms submitted had translations available.
27
Document Translated?
Notice to Housing Choice Voucher (HCV) applicants and
tenants regarding the Violence Against Women Act
None
submitted
HCV Consent for Release of Criminal Conviction Record None
Form submitted
HCV Right to Reasonable Accommodation Form
None
submitted
The Rules and Regulations of the Office of Housing and Community Development for the County
ofHawai '1 (2016) ("PHA Administrative Plan") describes HUD regulations and PHA policies
regarding nondiscrimination, reasonable accommodation for persons with disabilities, and
meaningful access by persons with limited English proficiency (LEP). This includes policies to
handle discrimination complaints and requests for accommodations.
2.2.1. Nondiscrimination
The PHA Administrative Plan does not fully comply with fair housing laws in the state of
Hawai`i. The document does identify the appropriate relevant federal legal authorities that guide
it: Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Execute
Order 11063, Section 504 of the Rehabilitation Act of 1973, The Age Discrimination Act of
1975, Title 11 of the Americans with Disability Act, and the Violence Against Women
Reauthorization Act of 2005. However, state fair housing laws identify more protected classes
than federal laws. Specifically, the state law prohibits discrimination "because of race, sex,
including gender identity or expression, sexual orientation, color, religion, marital status, familial
status, ancestry, disability, age, or human immunodeficiency virus infection." H.R.S. § 515-3.
The PHA Administrative Plan includes confusing language regarding its compliance with
Hawai`i state fair housing law and ultimately omits some of the protected classes. The PHA
Administrative Plan states "The PHA will comply with all federal, state, and local
nondiscrimination laws, and with rules and regulations governing fair housing and equal
opportunity in housing and employment ...." PHA Administrative Plan at 2-3. However, it also
states, under the subheading "PHA Policy": "No state or local nondiscrimination laws or
ordinances apply." Id. The chapter on Nondiscrimination states:
Federal regulations prohibit discrimination against certain protected classes and other
groups of people. State and local requirements, as well as PHA policies, can prohibit
discrimination based on other factors.
The PHA shall not discriminate because of race, color, sex, religion, familial status, age,
disability or national origin (called `protected classes")
28
Familial status includes children under the age of 18 living with parents or legal
custodians, pregnant women, and people securing custody of children under the age of
18.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual
orientation [FR Notice 02/03/12].
PHA Policy
The PHA does not identify any additional protected classes.
The PHA Administrative Plan errs in saying that no state laws apply. Further, the list of
protected classes in the "Nondiscrimination" chapter—presented in a confusing, piecemeal
way—also wrongly omits ancestry and human immunodeficiency virus infection.
This policy language, with these errors and omissions, is also found in the submitted Kulaimano
Elderly Housing Project Tenant Selection Plan (proposed) document.
Finally, the 2018 HOME Proposal Packet also included an incomplete definition for the
protected classes under the federal fair housing statute in Exhibit 12 to the project proposal,
"Compliance with Federal Overlay Statutes." 2018 HOME Proposal Packet at P-96. Under
"Equal Employment Opportunity & Fair Housing," the document states, "Discrimination on the
basis of race, color, national origin, religion or sex is prohibited." This definition is incomplete,
because the federal statute, in addition to those listed classes, also prohibits discrimination on the
basis of familial status and disability. 42 U.S.C. § 3604.
These errors in the PHA Administrative Plan and other policy and project documents may create
confusion among the public, agencies, and the OHCD's own employees regarding minimum
compliance to federal and state fair housing nondiscrimination laws.
2.2.2 Reasonable Accommodations
The PHA Administrative Plan shows compliance with fair housing reasonable accommodations
law. The Policy requires:
The PHA will ask all applicants and participants if they require any type of
accommodations, in writing, on the intake application, reexamination documents, and
notices of adverse action by the PHA, by including the following language:
"Ifyou or anyone in your family is a person with disabilities, and you require a
specific accommodation in order to fully utilize our programs and services, please
contact the housing authority."
PHA Administrative Document at 2-7. The document also details the agency's policy for
receiving and responding to requests for reasonable accommodation. The document states that
OHCD will respond to the request for accommodation—which can be presented informally,
29
although a formal request will be encouraged—within 10 days. The PHA Administrative
Document also states, "If the PHA denies a request for an accommodation because it is not
reasonable (it would impose an undue financial and administrative burden or fundamentally alter
the nature of the PHA's operations), the PHA will discuss with the family whether an alternative
accommodation could effectively address the family's disability -related needs without a
fundamental alteration to the HCV program and without imposing an undue financial and
administrative burden." Id. at 2-11.
2.2.3 Language Access
There is some question regarding the sufficiency of the agency's language access plan. In
regards to improving access to services for persons with limited English proficiency (LEP), the
PHA Administrative Plan appropriately identifies and summarizes the legal guidelines, including
the four balancing factors for determining the level of access needed by LEP persons. The PHA
Administrative Plan also dictates, "The PHA will utilize a language line for telephone interpreter
services," which is an important and effective part of compliance to the legal language access
requirements. The PHA Administrative also has an appropriate guideline for determining written
translation needs:
In order to comply with written -translation obligations, the PHA will take the following
steps:
The PHA will provide written translations of vital documents for each eligible LEP language
group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of
persons eligible to be served or likely to be affected or encountered. Translation of other
documents, if needed, can be provided orally; or
If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the
PHA does not translate vital written materials, but provides written notice in the primary
language of the LEP language group of the right to receive competent oral interpretation of
those written materials, free of cost.
However, the PHA Administrative Plan also references a language assistance plan (LAP) and
further analysis:
The PHA will analyze the various kinds of contacts it has with the public, to assess
language needs and decide what reasonable steps should be taken. "Reasonable steps"
may not be reasonable where the costs imposed substantially exceed the benefits.
Where feasible and possible, according to its language assistance plan (LAP), the PHA
will train and hire bilingual staff to be available to act as interpreters and translators,
will pool resources with other PHAs, and will standardize documents.
If it is determined that the PHA serves very few LEP persons, and the PHA has very
limited resources, the PHA will not develop a written LEP plan, but will consider
30
alternative ways to articulate in a reasonable manner a plan for providing meaningful
access. Entities having significant contact with LEP persons, such as schools, grassroots
and faith -based organizations, community groups, and groups working with new
immigrants will be contacted for input into the process.
If the PHA determines it is appropriate to develop a written LEP plan, the following five
steps will be taken: (1) Identifying LEP individuals who need language assistance; (2)
identifying language assistance measures; (3) training staff; (4) providing notice to LEP
persons; and (5) monitoring and updating the LEP plan. PHA Administrative Plan at 2-
16 to 2-17.
The agency did not submit a written LAP, an implementation plan, or an explanation regarding
its analysis if the agency had determined that a LAP was not necessary.
2.3 Agency Reflection
The agency submitted relevant parts of its latest Consolidated Annual Performance and
Evaluation Report (CAPER), which covered the period from July 1, 2018, to June 30, 2019. The
CAPER included analysis of efforts to affirmatively further fair housing. Multiple documents
submitted by the agency, like the 2015-2019 Consolidated Plan and the 2018 Action Plan of the
Consolidated Plan (2015-2019), also attached the 2011 Analysis of Impediments to Fair
Housing. These self -reflective reports are helpful in achieving agency goals to affirmatively
further fair housing. As the reports recognize, there are still impediments and continued work is
required to achieve these goals.
The CAPER reported
The Analysis of Impediments (AI) completed in 2016, identified the general lack of
awareness of fair housing rights on the part of people with disabilities, members of the
general public, landlords and property managers. Many are unaware of the legal
requirements for fair housing choice. They are unaware of the available resources and
programs that support people with disabilities and assist in obtaining and retaining
suitable housing. This lack of awareness is a major impediment for the County of
Hawaii." The CAPER focused on agency trainings, on the agency's website, and other
literature for public education. CAPER at 26.
The CAPER reported on the agency's training efforts to affirmatively further fair housing: "In
PY2018, the OHCD conducted a total of 7 Fair Housing training/seminar sessions for property
managers, homeless programs and for the general public. Of these 7 training/seminars, 2 were
conducted for property managers and the general public (1 in Hilo and 1 in Kona) and 4
additional Fair Housing training/seminars were held with local non -profits and for people re-
entering the housing market. The OHCD also held 1 Fair Housing training for non-English
speaking and limited English proficiency families. Total attendance included 7 staff members
and approximately 135 public attendees, 45 of which were new landlords and 23 of which were
non-English speaking or of limited English proficiency." CAPER at 8-9. These trainings can be
effective ways to affirmatively further fair housing if they are advertised and implemented in
accessible ways. The CAPER also focused on the website as a way to affirmatively further fair
31
housing: "The OHCD's website has continued to be successful in increasing awareness of
housing rights and resources."
In addition to the CAPER, the 2011 Analysis of Impediments notes, "Housing and social service
professionals report that discrimination occurs more often, and may affect Micronesians more
often than others but Micronesian immigrants are very unlikely to complain about
mistreatment." 2011 Analysis of Impediments to Fair Housing, 2018 Action Plan of The
Consolidated Plan (2015-2019) at Appendix E, page i. The agency's recognition of this
discrimination is an important and critical step to ensuring compliance with fair housing laws.
The agency submitted its Fair Housing Coordinator's Fair Housing Training, which included
Marshallese translation on May 10, 2019. The agency's more up-to-date documents submitted
did not detail how else it has addressed this discrimination.
2.4 Policy Accessibility
The rest of this analysis focuses on how accessible and "user-friendly" the documents are for
consumers. The reason for this approach is that if consumers do not have adequate and
reasonable access to the forms and procedures, then the policies are rendered meaningless.
Documents were reviewed to assess user-friendly brochures that utilize simple language and
explanations, have relevant information about how to file complaints, and include other supports
and resources (e.g., legal support agencies, language access info, etc.).
The agency submitted some of its forms and notices regarding requests for reasonable
accommodation. Overall, the forms were relatively simple and straightforward. However, they
used legal language, which ensures compliance, but may be a barrier to access for certain
members of the target population. For example, the Notice of Right to Reasonable
Accommodation states
If you have a disability and as a result of your disability you need:
• A change in the rules or policies to give you an equal opportunity to take part in the
Housing Choice Voucher (Section 8) program, or
• A change in the way we communicate with you or give you information, you may ask for
this kind of change, which is called a reasonable accommodation.
If you can show that you have a disability and if your request is reasonable (does not pose
"undue financial or administrative burden'), we will try to grant your request.
Overall, the forms and notices are helpfully short and streamlined to increase usability, but can
continue to improve through more accessible language for participants.
OHCD may have produced other public -facing documents. The CAPER reported, "In addition,
the County of Hawaii's OHCD partnered with the County of Hawaii's Aging and Disability
Resource Center (ADRC) to provide Fair Housing brochures and information to their One Stop
Resource Centers in Kona and Hilo .... To increase community outreach, the OHCD provided
Fair Housing information for printing in the County of Hawaii's Silver Bulletin monthly
newsletter which is distributed to about 3,500 senior citizens islandwide." CAPER at 26. The
agency did not submit these brochures and other literature, and the reviewers are thus unable to
determine their effectiveness in affirmatively furthering fair housing. Furthermore, the context
32
for use of agency notices and literature is important. Does the agency provide them to potential
applicants of housing programs? Does the agency place them in their offices? The use and
context of these documents are necessary components in assessing their effectiveness in
affirmatively furthering fair housing.
Additionally, the agency did not submit any translated documents. The reviewers were thus
unable to review the extent to which the agency's translated forms and brochures, if any,
complied with its LEP policy or affirmatively furthered fair housing.
Finally, the reviewers also looked at the OHCD website to examine relevant fair housing content
and its accessibility. As previously mentioned, the CAPER focused on the website as a way to
affirmatively further fair housing: "The OHCD's website has continued to be successful in
increasing awareness of housing rights and resources. In PY2018, there were approximately
1,000 hits to the website for people seeking information. On June 19, 2019, the OHCD launched
a dedicated Fair Housing website from the County of Hawaii's main website to further increase
awareness and exposure." CAPER at 9. Although developing a website is a good and important
step, there are inherent limitations to websites. There are barriers to access for many individuals
in the target population, particularly among the elderly, individuals with disabilities, and LEP
individuals. They may not be aware of the website, may not know how to access the website, or
may not be able to access the website.
The website (https://www.hawaiicounty.gov/departments/office-of-housing/fair-housing) is
simple and streamlined, which is helpful in increasing accessibility and readability. The website
appropriately lists all the federal and state protected classes for nondiscrimination. The website
can be strengthened by including information about reasonable accommodations and language
access. Importantly, there are no translated links or parts of the website. If they do exist are on
the website, the lack of ease in finding these resources or brochures would likely be a high
barrier for LEP individuals.
3. Affirmatively Furthering Fair Housing
The duty of agencies as outlined in federal regulations to affirmatively further fair housing goes
beyond communication of fair housing laws. According to regulations,
affirmatively furthering fair housing means taking meaningful actions, in addition to
combating discrimination, that overcome patterns of segregation and foster inclusive
communities free from barriers that restrict access to opportunity based on protected
characteristics. Specifically, affirmatively furthering fair housing means taking
meaningful actions that, taken together, address significant disparities in housing needs
and in access to opportunity, replacing segregated living patterns with truly integrated
and balanced living patterns, transforming racially and ethnically concentrated areas of
poverty into areas of opportunity, and fostering and maintaining compliance with civil
rights and fair housing laws. The duty to affirmatively further fair housing extends to all
of a program participant's activities and programs relating to housing and urban
development. 24 C.F.R. § 5.152.
33
As discussed, OHCD did take some steps to analyze some impediments to fair housing. While
these demonstrate perfunctory systemic analysis, they do not indicate initiative taken by the
agency to take meaningful actions to analyze, review, and then work to challenge patterns of
segregation or review and address areas of concentrated poverty. Instead, policies appear to be
confined to mere basic minimum compliance with fair housing laws and access for protected
class. For example, the agency submitted OHCD Fair Housing Coordinator Responsibilities.
The document states that the coordinator's duties include serving as a "neutral party" to
"resolve[] fair housing inquiries," attending meetings and trainings, setting fair housing goals for
the agency, coordinating seminars and other trainings, and updating the website. These tasks are
helpful steps in agency compliance with fair housing laws but do not focus on addressing and
analyzing patterns of segregation or address areas of concentrated poverty. Overall, some
community training and input is demonstrated, as well as identification of some impediments,
but there is no evidence that the agency is engaging in more robust actions to survey barriers that
might prevent fair housing.
OHCD does show some evidence to indicate concerns for accessible housing for individuals with
specific disabilities. However, solutions for providing units included in housing projects do not
specifically demonstrate meaningful actions that intend to disrupt segregation patterns or analyze
if such patterns exist. Overall, there is little evidence to suggest that OHCD has engaged with
analysis on the level that federal regulations contemplate should be undertaken to take
meaningful action to address disparities. The absence of evidence of any review of demographic
or neighborhood living patterns or analysis of poverty or concentrations of projects or voucher
holders suggests that OHCD has not been able to take meaningful actions to affirmatively further
fair housing, but instead has only demonstrated minimum compliance.
4. Agency Recommendations
After reviewing the adequacy of documents, the following are recommendations or next steps
that could be taken by agencies to demonstrate that their documentation includes a commitment
to fair housing. The recommendations are designed to 1) provide recommendations to ensure that
documents meet minimum compliance; 2) provide recommendations on how agency
documentation can better demonstrate the agency's commitment to affirmatively furthering fair
housing. These recommendations are confined specifically to address the documentation and
dissemination of written policies
4.1 Fair Housing Rules Policy Document Recommendations
Create new agency administrative rules to comply with state law.
As discussed previously, The Rules and Regulations of the Office of Housing and Community
Development for the County of Hawai '1 (2016) ("PHA Administrative Plan") ("PHA
Administrative Plan") was developed to include reference only to Federal policies. The PHA
Administrative plan omits some of the protected classes, indicating that no state or local
nondiscrimination laws or ordinances apply. Written policy documents should include applicable
state law. Policies need to be immediately updated.
Review and ensure all protected classes are included in all policy documents.
34
Many other policy documents repeat the mistakes found in the agency rules, omitting protected
classes or lacking clarity on the non-discrimination requirements under both federal and state
law. As given as examples, the 2018 HOME Proposal Packet and the Kulaimano Elderly
Housing Project Tenant Selection Plan reiterated incomplete non-discrimination information. All
documents should be reviewed to ensure conformance with state law.
Complete training and dissemination of materials on corrected policies.
OHCD has already developed many resources that create the base of training curriculum. Each
training then can create more resources to be disseminated by the agency. Documentation of
trainings as well as issue -specific trainings relevant to common community issues would be
beneficial.
4.2 Policy Communication and Dissemination
Include policy documents or information on reasonable accommodation on OHCD website.
OHCD has already developed many resources and forms that include simple and straightforward
language for use by clientele. These resources could be better used to disseminate and train
individuals on Fair Housing rights and responsibilities.
Update the OHCD website to include Language Access discussion.
The OHCD website is a resources for families that could be better used to disseminate and train
individuals on Fair Housing rights and responsibilities. The website does not have information to
communicate current policies regarding language access.
4.3 Language Access
Ensure that the Language Access Reporting Tool is used, and use is documented.
Dissemination, training, and use of the Language Access Reporting tool is critical to document
by state agencies. Absent documentation of the use of this reporting tool, it is difficult for the
county to prove that the required analysis under state law is completed and then adhered to.
Create a Language Access Plan specific to County needs.
The County did not indicate if an analysis was completed to have a Language Access Plan. Each
county may have different population(s) using and accessing services. Written documentation to
demonstrate that the County uses the Language Access Tool and collects data on the encounters
with limited English proficiency ("LEP") individuals would better tailor services to languages
most encounter. A tailoring of polices will ensure that staff as well as the public are informed
about resources available, as well as document that the necessary analysis required under state
law has been completed.
Host quarterly listening sessions including outreach to each of the top 3 needed languages.
35
Listening session would allow invite specific input from consumers/residents about procedures
and knowledge of fair housing, and act as a way to document steps taken by the county to
address fair housing in general.
Consider providing translations of forms or documentation
Translated forms will further assist the county in furthering fair housing, particularly after any
systemic review indicates a need for a particular language or over -representation of a specific
group utilizing agency services.
4.4 Affirmatively Furthering Fair Housing
Create documentation of the Agency's policy to locate and site new housing in areas to
deconcentrate poverty.
The policy goal of the agency to locate housing choice voucher projects in areas of
deconcentrated poverty could be better bolstered by individuals
Provide better documentation of systemic analysis completed in accordance with federal law.
County documents do not indicate the agency reviewed demographic data of program
participants, or completed any analysis over -representation of any particular group, but there was
limited documentation of this analysis. Written documentation or training on this specific
systemic analysis will help to demonstrate compliance with the federal mandate.
Provide documentation and communication around affirmatively furthering fair housing
rather than only fair housing compliance.
The goal of affirmatively furthering fair housing creates a lens for which housing is evaluated by
the agency. Better documentation of this lens, such as policy documents that individually include
this analysis as a step. Policy documents that focus solely on rights and responsibilities to meet
minimum compliance should also include documentation of the agency's commitment to a
systemic review to address social equity.
36
APPENDIX A:
Fair Housing Assessment Survey Instrument
37
December 6, 2019 (emailed to 6 agencies)
Hawaii Housing Employee Anonymous Survey
This survey was sent to you because you are employed at or affiliated with an agency that
receives federal funding from the Department of Housing and Urban Development. Your
employer has a contract with the University of Hawai`i at Mama to create this survey as part of
the state's, "Analysis of Impediments to Fair Housing." Your participation is important because
the results of this survey will help to improve access to housing throughout Hawai`i. This survey
evaluates your knowledge of fair housing law in order to inform future workplace training
programs.
Project Description — Activities and Time Commitment: Participants will answer the survey
online using SurveyMonkey. Survey questions are multiple-choice and fill in the
blank. Completion of the survey will take approximately 10-20 minutes. It is recommended that
you complete the survey in one session if possible, but if you cannot you can return to complete
the survey within the deadline. The deadline to complete this survey is midnight Friday
December 13th, 2019.
Confidentiality and Privacy: This survey is anonymous. We will not ask you to provide any
personal information that could be used to identify you. Likewise, please do not include any
personal information, such as your name, in your survey responses.
Benefits and Risks: When you complete the survey, you will be eligible to win an AMEX gift
card ($50) by random drawing. Entry to win will be optional at the end of the survey and that
information will be stored separately to protect your anonymity. Although you may not be
compensated for your participation, your answers to the survey questions and knowledge will
contribute to a better understanding of access to housing in Hawai`i. There is little risk to you in
participating in this project because it is anonymous. No responses will be attributed to you
personally.
Voluntary Participation: Participation in this project is highly recommended for all employees
and it is voluntary. You can freely choose to participate or not to participate in this survey, and
there will be no penalty or loss of benefits for either decision.
Questions: If you have any questions about this survey, you can contact the Principal
Investigator, Dr. Philip Garboden at 808-956-7383 or pgarbod@hawaii.edu. If you have any
questions about your rights as a participant, you can contact the UH Committee on Human
Studies at 808-956-5007 or uhirb@hawaii.edu.
I consent to participate in this survey.
OK
38
Part A: The survey questions in this section will provide information for future training in your
workplace about fair housing law and discrimination.
Al. How long have you worked in your current position?
a) Less than a year
b) 1 to 2 years
c) 3 to 5 years
d) 6 to 9 years
e) lO to 14 years
f) 15 to 19 years
g) 20 to 24 years
h) 25 to 29 years
i) 30 to 34 years
j) 35 to 39 years
k) 40 or more years
A2. How long have you worked for your agency?
a) Less than a year
b) 1 to 2 years
c) 3 to 5 years
d) 6 to 9 years
e) lO to 14 years
f) 15 to 19 years
g) 20 to 24 years
h) 25 to 29 years
i) 30 to 34 years
j) 35 to 39 years
k) 40 or more years
A3. Select ALL the languages that you speak fluently or can use to have a conversation?
a) English
b) Hawaiian
c) Chinese (Cantonese)
d) Chinese (Mandarin)
e) Japanese
f) Ilocano
g) Tagalog
h) Visayan (Cebuano)
i) Korean
j) Thai
k) Vietnamese
1) Palauan
m) Chamorro
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n) Chuukese
o) Kosraean
p) Marshallese
q) Pohnpeian
r) Samoan
s) Tongan
t) Yapese
u) French
v) Spanish
w) German
x) Russian
y) American Sign Language
z) Other language(s) (specify):
A4. Have you ever received training about fair housing policies?
a) Yes, I received training in my current workplace
b) Yes, I received training outside of my current workplace
c) All of the above
d) No
A5. How important is fair housing law for your everyday duties at work?
a) Extremely important b) Very important c) Moderately important d) Not at all
important
A6. Do you know the office or person to contact if you hear about or receive a complaint about a
fair housing violation or illegal discrimination?
a) Yes b) No
Please name the person or office you should contact:
A7. Define discrimination in your own words:
This section of Part A presents some questions related to fair housing laws. Fair housing
can be open to interpretation, so please give us what you believe is the best answer for the
information provided.
A8. Housing discrimination is illegal and prohibited when it is based on (select ALL that apply):
a) Age
b) Citizenship
c) Credit History
d) Criminal Record
e) Disability
f) Familial Status
g) Family Size
40
h) Income
i) Marital Status
j) Military Service
k) National Origin
1) Race/Ethnicity
m) Religion
n) Rental History
o) Sex
p) State Residency
q) None of the above
A9. According to fair housing law, is it illegal discrimination if a landlord refuses to rent a unit
to an applicant because her references say she has a history of mental illness?
a) Yes b) No c) Don't know
A10. Is it illegal discrimination if a landlord falsely informs an applicant that a rental apartment
is no longer available because the applicant is a Jehovah's Witness and the landlord thinks other
tenants in that building would not want to be contacted by Jehovah's Witnesses to become
members of that religious group?
a) Yes b) No c) Don't know
A11. Is it illegal discrimination in Hawaii to make, print or publish any notice, statement or
advertisement with respect to the rental of an apartment that indicates Section 8 or Housing
Choice voucher holders should not apply?
a) Yes b) No c) Don't know
Al2. Is it illegal discrimination to use different credit rating standards for a married couple than
a single woman when selecting tenants?
a) Yes b) No c) Don't know
A13. Is it illegal discrimination to discourage the purchase of a dwelling for someone who is
from another country?
a) Yes b) No c) Don't know
A14. Does fair housing law in Hawaii apply to a private landlord who is selecting tenants for a
room in his or her own house?
a) Yes b) No c) Don't know
A15. Is it illegal discrimination to select roommates based on their gender when renting an
apartment?
a) Yes b) No c) Don't know
A16. Is it illegal discrimination to only place families with children in the section of the building
without outdoor balconies because the balconies in the other section are unsafe for children?
41
a) Yes b) No c) Don't know
A17. Is it illegal discrimination when a landlord in Hawaii waives the security deposits for
military members because the landlord believes they are reliable tenants, but the apartments were
advertised to the general public and non-military members would need to pay a security deposit?
a) Yes b) No c) Don't know
A18. Does it violate fair housing requirements to fail to provide an interpreter to non-English or
limited -English speaking applicants, who have difficulty reading, writing, speaking or
understanding English, at the time of renewing their lease in a public housing development?
a) Yes, the interpreter should be paid for by the tenant
b) Yes, the interpreter should be provided by the public housing agency at no cost to the
tenants
c) No
d) Don't know
A19. Does it violate fair housing requirements if a landlord delays repairs for a tenant's
apartment because that tenant has an ongoing fair housing complaint (unrelated to the repairs
needed) filed against the landlord?
a) Yes, it could be retaliation b) No c) Don't know
A20. Must housing providers make reasonable accommodations and allow reasonable
modifications to be made in a timely manner for tenants with disabilities?
a) Yes b) No c) Don't know
A21. Are you aware of any fair housing complaints or lawsuits in Hawai`i in the past 5 years?
a) Don't know
b) Yes. Please specify and how you heard about it/them (optional):
Part B has scenarios for you to read and evaluate regarding both their legality and how
often they occur. Some scenarios may not be relevant to your work, but test general
knowledge of fair housing law. Fair housing violations are not always obvious, so please
give your best answer for the information provided and there is space for you to add
optional comments. The names in the scenarios were chosen at random and any similarity
to real people is purely coincidental.
Scenario 1: Kevin is the landlord of a Kupuna apartment complex for elderly tenants. He avoids
selecting applicants who have young children because he wants it to remain a quiet place.
Bli. Did Kevin violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
42
c) Don't know
Blii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 2. When Rumika, an employee at a housing agency, receives a phone message from a
local 808 area code that asks about Section 8 (or Housing Choice) vouchers, she calls them back
first. Rumika has seen data that shows that many vouchers in her program are assigned to people
not from Hawai`i. Her county demographics do not reflect that large of a percentage, so Rumika
feels it is her duty to try to make sure that the public housing goes to those that reflect the
demographics from the local community in Hawai`i.
B2i. Did Rumika violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B2ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 3. Tia is an employee at a housing agency and she thinks that many of the vacant units
in public housing are going to Micronesian families in Hawai`i. She meets a Micronesian family
that needs to take action to continue their program eligibility, but the family needs an interpreter.
Tia sends a written letter in English to them that has a phone number at the bottom that tells them
how to get an interpreter.
B3i. Did Tia violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B3ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
B3iii. How often do you think that private landlords in Hawai`i provide interpreters when tenants
who have limited English fluency need to sign a lease agreement?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 4. Roman is an employee at a housing agency and will be meeting with some tenants to
discuss maintenance repairs to their unit. Roman is aware that a Chuukese/English translator was
needed for the meeting. Roman tells the tenants to bring their son, who is able to speak both
English and Chuukese, rather than hiring an interpreter.
B4i. Did Roman violate fair housing law in Hawai`i?
43
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B4ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
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.
B5i. Did Aiko violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B5ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
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.
B6i. Did Kal violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B6ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 7. Lilly is a property manager for housing subsidized through the federal low-income
housing tax credit (LIHTC). She refuses the reasonable accommodation to build a wheelchair
ramp to the first floor rental apartment of a tenant with a disability. Lilly was told by her other
tenants that they would not like how it looks.
B7i. Did Lilly violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
44
c) Don't know
B7ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
B7iii. Who is responsible to pay for the wheelchair ramp and then remove it when the tenant
with a disability moves out of the rental apartment?
a) The tenant with a disability b) The property owner c) A state housing agency d) Don't
know
Scenario 8. Lisa is a landlord of an apartment building. She refuses to renew Bob's lease
because other tenants have complained that Bob seems to have a mental illness and damaged
some chairs by the pool.
B8i. Did Lisa violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B8ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 9. Susan has a diagnosed mental illness that makes it difficult for her to keep her
apartment clean and organized. In the past few months, her unit has gotten very dirty and has
been overrun with cockroaches. She asks her landlord, Ronald, to hire an exterminator. Ronald
says the reason for the cockroach problem is that Susan does not keep her unit clean enough and
is therefore in violation of her lease, so he sends her a notice of eviction.
B9i. Did Ronald violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B9ii. Would allowing a resident to maintain a dirty apartment be considered a "reasonable
accommodation" of a disability, even if it causes damage to the unit?
a) Yes b) No c) Don't know
B9iii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 10: Keola is a director of an emergency shelter for those who are homeless. When
people come to the shelter, he asks them if they have any physical disabilities because he wants
to screen them to select those who can lift their mattress off the floor for cleaning.
45
BlOi. Did Keola violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
BlOii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 11: Lori has a service dog that notifies her when she has to take her insulin. The
landlord tells Lori that she will be evicted if she keeps the dog because she never disclosed that
she had a service animal prior to signing the lease and there are no pets allowed in the apartment
complex.
Bl li. Did Lori's landlord violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
Bllii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 12. Rissa lives alone in an apartment. When her boyfriend visits, the couple frequently
argues and the neighbors have had to call the police several times because of domestic violence.
The property manager tells Rissa that her boyfriend is making trouble and is not allowed in the
apartment complex. The boyfriend returns to Rissa's apartment, her neighbors make a noise
complaint, and later Rissa receives an eviction notice.
B12i. Did Rissa's property manager violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B 12ii. How often do you think this happens scenario in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 13. Charmaine has been diagnosed with cancer and requires a caregiver while she
undergoes treatment and recovers from her surgery. Charmaine's daughter moves in as a
caregiver, along with her husband and two young children. Charmaine receives a notice of
eviction from her landlord stating that she is violating the rules of her lease by having more than
one occupant in her apartment.
B13i. Did Charmaine's landlord violate fair housing law in Hawai`i?
46
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B13ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 14. Christina is transgender (male to female), wearing a dress, and selects "female" on
the application form for a rental apartment. The property manager asks to see a photo
identification, which is his standard practice. Christina's driver's license still lists her as a "male"
(her sex at birth) named Christopher (her birth name). Because the property manager cannot
verify the applicant's identity, he refuses to accept the application.
B14i. Did the property manager violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B14ii. How often do you think this scenario happens in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
Scenario 15: James is a realtor with a client looking to purchase a 3 -bedroom 2 -bath single
family home. Because the family is White/Caucasian, James chooses to only show them homes
in neighborhoods where he believes they will be safer and more accepted. He avoids showing
them homes in neighborhoods where he believes "haoles" will not be welcomed.
B15i. Did James violate fair housing law in Hawai`i?
a) Yes, it is likely
b) No, it is unlikely
c) Don't know
B15ii. How often do you think this scenario happens to racial/ethnic groups in Hawai`i?
a) Regularly b) Occasionally c) Rarely d) Never
B16. What aspects of fair housing law would you like to learn more about in a workplace
training program? Please specify:
B17. What are other scenarios you believe regularly occur in Hawai`i that violate fair housing
laws that were not in this survey? Please describe:
Part C. This final section (Part C) has survey questions about your sociodemographic
background and asks for your feedback. These questions are important for us to know the
protected classes represented at different agencies. Even if a question is unique to you at
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your agency, your anonymity will be protected. We will never report any information that
could be linked back to you or any specific individuals.
C1. What is your age?
a) 18 — 29 years
b) 30 — 39 years
c) 40 — 49 years
d) 50 — 59 years
e) 60 — 69 years
f) 70 + years
g) Prefer not to answer
C2. What is your gender?
a) Male
b) Female
c) Non-binary/third gender
d) Prefer not to answer
c) Prefer to self -describe (specify):
C3. What is your race/ethnicity? For those who are multiracial, please select ALL that apply
and type a specific response if applicable.
a) Black or African American
b) Chinese
c) Filipino
d) Japanese
e) Korean
f) Latino/Hispanic
g) Native American/American Indian or Alaska Native
h) Native Hawaiian
i) White/Caucasian
j)
Other (specify):
C4. What is the highest degree or level of schooling that you have completed? Specify type of
degree.
a) Less than a high school diploma
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b) High School Diploma
c) GED (General Equivalency) or High School Proficiency Exit Exam
d) Associate Degree (e.g., A.A.) (specify):
e) Some College (no degree)
f) Bachelor's Degree (e.g., B.A., B.S.) (specify):
g) Master's Degree (e.g., M.A., M.S.) (specify):
h) Doctorate Degree (e.g., Ph.D., Ed.D.) (specify):
i) Law Degree (e.g., J.D.)
j) Other Professional Degree (e.g., M.D., D.D.S) (specify):
C6. Do you have a disability?
a) Yes
b) No
c) Prefer not to answer
d) (Optional) Specify disability:
C6. What country were you born in?
C7. Were you born in Hawaii?
a) Yes b) No
C8. How long have you lived in Hawaii?
a) Less than a year
b) 1 to 5 years
c) 6 to l0 years
d) 11 to 20 years
e) 21 to 30 years
f) 31 to 40 years
g) 41 to 50 years
h) 51 or more years
C10. What is your marital status?
a) Single (never married)
b) Married
c) Cohabitating, Domestic Partnership or Civil Union
d) Widowed
e) Divorced
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f) Separated
g) Prefer not to answer
C12. How many children do you have?
a) 0
b) 1
c) 2
d) 3
e) 4
f) 5
g) 5 or more
h) Prefer not to answer
C11. What is your annual household income?
a) Less than $20,000
b) $20,000 to $34,999
c) $35,000 to $49,999
d) $50,000 to $74,999
e) $75,000 to $99,999
f) $100,000 or more
g) Don't know
h) Prefer not to answer
C13. Is there anything else that you would like to give us feedback about (your thoughts,
comments, or concerns)?
Thank you very much for completing this survey! Are you interested in being eligible for the
random drawing to win a $50 American Express (AMEX) gift card (the anonymity of your
responses will remain protected)? A) Yes (provide your email address):
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APPENDIX B:
List of Documents Reviewed
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2015-2019 Consolidated Plan
County of Hawai`i, Office of Housing and Community Development
Kulaimano Elderly Housing (KEH) Project, Tenant Selection Plan
Kulaimano Elderly Housing Project Tenant Selection Plan (proposed)
Kulaimano Elderly Housing (KEH) Project Management Plan
A 50 -Unit Elderly, Independent Living Housing Project. Owned and operated by Hawai`i
County Housing Agency, Office of Housing and Community Development
HCV Violence Against Women Act (VAWA)
Notice to housing choice voucher applicants and tenants regarding the Violence Against Women
Act
OHCD Fair Housing Coordinator Responsibilities
2018 HOME Proposal Packet
County of Hawai `i Home Investment Partnerships Program Proposal Packet
PHA Administrative Plan
Rules and Regulations of the Office of Housing and Community Development, County of
Hawai `i
Displacement Plan for CDBG and HOME
Displacement Plan for Community Development Block Grant, HOME Investment Partnerships
Program
2020 Informational Packet
For 2020-2024 Consolidated Plan, Community Development Block Grant, HOME Investment
Partnerships Program, National Housing Trust Fund
2019 PHA Annual Plan
Standard Public Housing Agencies and Troubled Public Housing Agencies
2018-2019 Consolidated Annual Performance and Evaluation Report (CAPER)
July 1, 2018 — June 30, 2019
2018 Action Plan of the Consolidated Plan (2015-2019)
For Community Development Block Grants
TBRA Preference Definition Sheet
For Tenant Based Rental Assistance Program
OHCD Staff with e-mail and division
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TBRA Admin Rules
Tenant Based rental Assistance Program administrative rules
Section 8 Project Based Voucher Program Proposal Packet Evaluation Form (2019)
OHCD FSS Action Plan (NM) Approved
Office of Housing and Community Development Family Self -Sufficiency Program and Action
Plan
HCV Consent for Release of Criminal Conviction Record Form
Adopted RRP Rules
Residential Repair Program Administrative Rules (2016)
2020 CDBG Proposal Packet
Community Development Block Grant Community Proposal Packet
HCV Right to Reasonable Accommodation Form
2017 PHA 5 Year Plan
Fair Housing Coordinator's Fair Housing training held with Marshallese translation on May 10,
2019
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