The U.S. Department of Housing and Urban Development announced Monday it is charging a Kailua-Kona condominium complex, the Kailua Village Condominium Association, a condo unit’s owners, their real estate broker and others for their part in discriminating against a disabled resident who was buying the unit and was renting it while the sale was in escrow.
The charge is brought forth in HUD’s Office of Hearings and Appeals, alleging the entities and individuals violated the Fair Housing Act, which prohibits discrimination because of disability, including refusing to allow reasonable accommodations or modifications that would permit homeowners with disabilities and equal opportunity to use and enjoy their housing.
The disabled resident entered into an agreement Oct. 16, 2021, to buy the unit from Bruce and Deborah Stern, and started living there Oct. 19, 2021. He had an early-occupancy agreement with the owners and paid $75 a day.
The case will be heard
by a U.S. administrative
law judge, or if any party chooses, it could be heard in federal district court.
The charge of discrimination alleges the condominium association, its employees, its property management company, its employees, the unit’s owners and their real estate agent prevented the resident from using a temporary ramp to get to his unit from a parking space, which would allow him to load and unload his wheelchair. They also prevented him from replacing a toilet, at his own expense.
Because they prevented him from doing so, the resident was unable to access or use his unit and was forced to sleep in his
vehicle.
As a result of the actions, the resident revoked his offer to purchase the unit and moved out.
The disabled resident’s name and address have been redacted from the charging document.