Lawyers for equal justice advocates for fair utility reimbursement in public housing

In a series of high profile public interest cases, Lawyers for Equal Justice has fought to ensure that the providers of public housing fairly provides utility allowances for tenants.

Tenants in public housing pay 30% of their income for rent. This rate ensures that tenants' rent is within their ability to pay. Tenants need the remaining portions of their rent to cover other necessities, such as healthcare, food, and taxes.

Part of the public housing subsidy, under the federal Public Housing Act, includes a fair allowance for utilities. In 2003, LEJ lawyers discovered that the Hawaii Public Housing Authority and certain housing projects were not providing a fair allowance to their tenants, forcing to choose between paying for utilities or other necessities. These policies caused many public housing tenants to pay more than their legal share for housing and, in some cases, caused loss of housing.

LEJ has made it a priorty to ensure that public housing tenants received their fair share in utility allowances. In furtherance of that goal, LEJ filed three class action law suits against the local public housing authority seeking injunctive relief and re-payment of utility allowances to tenants.

• Shea v. Kahuku Housing Foundation, Civil No. 09-1-2076 (Haw. Cir. Ct.)- LEJ represents tenants at Kahuku Elderly housing project in a class action to compensate tenants for unfair utility allowances. The case was filed on September 8, 2009. 


• Cruz v. Jack Hall Hawaii Housing Corpoation, Civil No. 09-1-2077 (Haw. Cir. Ct). LEJ represents tenants at Jack Hall Waipahu housing project in a class action to compensate tenants for unfair utility allowances. The case was filed on September 8, 2009.
  


• Blake v. Nishimura, Civil No. 08-00281 (D. Haw). LEJ represents tenants at Westlake Apartments, a City and County of Honolulu project, in a class action to compensate tenants for unfair utility allowances. This case resulted in increased utility allowances and significant awards of back rent.


• Waters v. Housing and Community Development, Civil No. 05-1-0815 (Haw. Cir. Ct.). LEJ represented a class tenants at Wilikina Apartments, a State of Hawaii project, in a class action to compensate tenants for unfair utility allowances. The case resulted in significant awards of back rent.


• Smith v. Housing and Community Development, Civil No. 04-1-69K.(Haw. Cir. Ct.). LEJ represented a statewide class of public housing tenants in Hawaii Circuit Court against the Hawaii Housing and Community Development Corporation, seeking classwide damages to compensate tenants for unfair utility allowances. The State ultimately settled the case, paying tenants $2.3 million.


• Smith v. Aveiro, Civil No. 04-00309 (D. Haw). LEJ represented tenants at Ke Hale Kahaluu public housing in U.S. District Court seeking classwide injunctive relief for failures by the Hawaii Housing and Community Development Corporation to provide fair utility allowances. The case was dismissed on mootness grounds in 2006, as the underlying issues had been resolved.


• Amone v. Aveiro, Civil No. 04-00508 (D. Haw). LEJ represented a statewide class of public housing tenants in U.S. District Court seeking injunctive relief under the Americans with Disabilities Act and the Public Housing Act seeking fair utility allowances for disabled persons whose energy usage is higher than average. The Federal Court issued a permanent injunction, requiring the State to provide a fair subsidy to these individuals.