HOUSING DISCRIMINATION METING NO MENTION OF OUR COALITION-LETTER TO THE GI

The coverage on the Discrimination in Housing meeting., in what I am sure was an unintentional oversight by the Garden Island Newspaper that our coalition was not mentioned. We worked for over a year to get a bill drafted, passed, a coalition formed, hold meetings, gather evidence, and garner support for a bill that would have prevented Housing Discrimination in advertising.

Our coalition started with 2 members. Myself and my daughter. We combed 9 months of newspaper advertisements on Kauai showing blatent discrimination in housing. So blatent that many ads actually said “No HUD allowed.”. We made cold calls to people that put that in their advertisements, pretending to be different people. They made numerous statements of a clearly discriminatory nature. Many were racially motivated against local people. Many were discriminatory against women with children, the elderly and the handicapped. In particularly those on Social security. Some of the statements were beyond disgusting and very incindiary. We recorded the conversations by hand, and wrote out the scripts exactly as they occurred. We presented these scripts to politicians and others to explain what we had discovered and uncovered. I began to get other people that I knew in politics involved.

We held meetings, we talked on the radio about it and the Garden Island did help us out a lot in getting our fight into the paper. We had the support of the ACLU, the Legal Aid Society, OHA, shelters on Oahu, groups from all over Kauai and the state. We had support from congress, with Neil Ambercrombie writing us a letter of support on Congressional letterhead.

We had the support of Mina Morita who introduced the companion bill in the house. We also had the support of James Tokioka and Roland Sagum/ We had the support of three freshman councilmembers at the time, Lani Kawahara, and Dickie Chang. Derek Kawakami, and also from incumbant Tim Bynum. We had support from private citizens, and citizens groups.

My daughter, my neighbor who I recruited, and Joann Yukimura traveled to Oahu to fight for the Bill that Gary Hooser drafted, and introduced and I helped to write. I had meetings with the County Housing department.

Once I started meeting with the Housing department I started meeting major resistance to the bill. I was involved in a private meeting in council chambers, at which Dickie Chang, Jay Furfaro, The Heard of the Board of Realtors and the County Housing Department attended.

All were against the bill. They wanted to take out essentially the heart of the bill. My coalition would not back down . We knew that if the guts got ripped out of the bill, we wouldn't have anything. Councilmembers Jay Furfaro, The Kauai Board of Realtors Representative and the County Housing Agency would not support the bill. Our own housing agency actually wrote a letter against the bill.

Other housing agencies also either did not comment on the bill or wuld not support it. The State of Hawaii Board of Realotors went against the bill. The legislature passed it on to third reading with major changed that also ripped out the heart of the bill where it died and was not heard. The bill was defeated

My efforts at the County Council to propose a bill for Kauai the exact same bill proposed for the State Legislature and drafted to suit Kauai went no where. I could not even get on the agenda to discuss the issue. When I met in council chambers, I told everyone at that table this was a Federal violation. I told them the bill was written on solid law. I told them that eventually this woyld all come to a head, and come back to bite them eventually. I told them that people would eventually start filing lawsuits..

Unknown to them I had made many phone calls to the Federal Government Housing Agency, and lodged complaints as well. I encouraged people to phone in their complaints to Legal Aid. I tried to inform people with public meetings oh what their rights were. I would like to state that we are extremely grateful for the courage and tenacity of Legal Aid on this iissue and are grateful for their support of our efforts for the failed bill.

These efforts that we did, should be acknowledged for their merits. Many people put their neck on the line to support what myself and many others tried to do. Others stuck their heads in the sand.

Our coalition is still very active, and it is our clear intent to have the bill reintroduced after the Gubernatorial elections. We are currently staying on top of State Public Housing changes that we feel are extremely discriminatory. I did not attend the meeting on Friday because I have been ill. But to see that the Federal Representative finally told everyone what myself and our coalition had told them long before gave me a sense of accomplishment.

Now when our coalition says something perhaps people should pay a lot closer attention. And the housing agency in this state would do well to remember that our coalition is strong and still actively in this fight. I am very pleased with the tone of this meeting. Because it sheds a clear light on everything that we brought forth and fought for. I just want to thank everyone who helped myself and the supporters of our coalition. We are not done yet. We need to get this law passed in the legislature. Thank you for remembering us and our hard work.

Sincerely

Anne Punohu

Kauai Fair Housing Law Coalition

HERE IS THE BILL:

THE SENATE
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
JAN 23 1009
S.B. NO. tI~~
A BILL FOR AN ACT
RELATING TO DISCRIMINATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that low-income
2 individuals have an extremely difficult time finding affordable
3 rentals in Hawaii. This situation is made more frustrating when
4 housing vacancy advertisements discourage people from applying
5 by advertising "no section 8 accepted". At this time, in the
6 State of Hawaii, the law does not prohibit discrimination based
7 on lawful source of income. However, thirteen other states,
8 including California and Oregon, have prohibited this type of
9 income discrimination. Renters who participate in government
10 assistance programs, such as Housing Choice Vouchers, also known
11 as, section 8, should have an equal opportunity to find housing.
12 The purpose of this Act is to prohibit discrimination based
13 on lawful source of income in real estate transactions,
14 including advertising available rental units.
15 SECTION 2. Section 515-2, Hawaii Revised Statutes, is
16 amended by adding a new definition to be appropriately inserted
17 and to read as follows:
2009-0451 SB SMA-l.doc

1 ""Source of income" means any lawful source of money paid
2 directly or indirectly to a renter or buyer of housing,
3 inc 1 uding :
4 (1) Any lawful profession or occupation;
5 (2) Any government or private assistance, grant, loan, or
6 rental assistance program, including low-income
7 housing assistance certificates and vouchers under the
8 United States Housing Act of 1937, as amended;
9 (3) Any gift, inheritance, pension, annuity, alimony,
10 child support, or other consideration or benefit; and
11 (4) Any sale or pledge of property or interest in
12 property. "
13 SECTION 3. Section 515-3, Hawaii Revised Statutes, is
14 amended to read as follows:
15 "§SlS-3 Discriminatory practices. It is a discriminatory
16 practice for an owner or any other person engaging in a real
17 estate transaction, or for a real estate broker or salesperson,
18 because of race, sex, including gender identity or expression,
19 sexual orientation, color, religion, marital status, familial
20 status, ancestry, disability, age, source of income, or human
21 immunodeficiency virus infection:
2009-0451 SB SMA-l.doc

Page 3 S.B. NO. ~"G.
1 (1 ) To refuse to engage in a real estate transaction with
2 a person;
3 (2) To discriminate against a person in the terms,
4 conditions, or privileges of a real estate transaction
5 or in the furnishing of facilities or services in
6 connection therewith;
7 (3) To refuse to receive or to fail to transmit a bona
8 fide offer to engage in a real estate transaction from
9 a person;
10 (4 ) To refuse to negotiate for a real estate transaction
11 with a person;
12 (5 ) To represent to a person that real property is not
13 available for inspection, sale, rental, or lease when
14 in fact it is available, or to fail to bring a
15 property listing to the person's attention, or to
16 refuse to permit the person to inspect real property,
17 or to steer a person seeking to engage in a real
18 estate transaction;
19 (6 ) To print, circulate, post, or mail, or cause to be
20 published a statement, advertisement, or sign, or to
21 use a form of application for a real estate
22 transaction, or to make a record or inquiry in
2009-0451 SB SMA-l.doc

1 connection with a prospective real estate transaction,
2 that indicates, directly or indirectly, an intent to
3 make a limitation, specification, or discrimination
4 with respect thereto;
5 (7 ) To offer, solicit, accept, use, or retain a listing of
6 real property with the understanding that a person may
7 be discriminated against in a real estate transaction
8 or in the furnishing of facilities or services in
9 connection therewith;
10 (8 ) To refuse to engage in a real estate transaction with
11 a person or to deny equal opportunity to use and enjoy
12 a housing accommodation due to a disability because
13 the person uses the services of a guide dog, signal
14 dog, or service animal; provided that reasonable
15 restrictions or prohibitions may be imposed regarding
16 excessive noise or other problems caused by those
17 animals. For the purposes of this paragraph:
18 IIBlind ll shall be as defined in section 235-1;
19 IIDeaf ll shall be as defined in section 235-1;
20 IIGuide dog ll means any dog individually trained by
21 a licensed guide dog trainer for guiding a blind
2009-0451 SB SMA-l.doc

Page 5 S.B. NO.
1 person by means of a harness attached to the dog and a
2 rigid handle grasped by the personj
3 "Reasonable restriction" shall not include any
4 restriction that allows any owner or person to refuse
5 to negotiate or refuse to engage in a real estate
6 transactionj provided that as used in this paragraph:
7 the "reasonableness" of a restriction shall be
8 examined by giving due consideration to the needs of a
9 reasonable prudent person in the same or similar
10 circumstances. Depending on the circumstances, a
11 "reasonable restriction" may require the owner of the
12 service animal, guide dog, or signal dog to comply
13 with one or more of the following:
14 (A) Observe applicable laws including leash laws and
15 pick-up lawsj
16 (B) Assume responsibility for damage caused by the
17 dogj or
18 ( C) Have the housing unit cleaned upon vacating by
19 fumigation, deodorizing, professional carpet
20 cleaning, or other method appropriate under the
21 circumstances.
2009-0451 SB SMA-l.doc

Page 6 S.B. NO.
1 The foregoing list is illustrative only, and neither
2 exhaustive nor mandatorYi
3 "Service animal" means any animal that is trained
4 to provide those life activities limited by the
5 disability of the personi
6 "Signal dog" means any dog that is trained to
7 alert a deaf person to intruders or soundsi
8 (9 ) To solicit or require as a condition of engaging in a
9 real estate transaction that the buyer, renter, or
10 lessee be tested for human immunodeficiency virus
11 infection, the causative agent of acquired
12 immunodeficiency syndromei
13 (10) To refuse to permit, at the expense of a person with a
14 disability, reasonable modifications to existing
15 premises occupied or to be occupied by the person if
16 modifications may be necessary to afford the person
17 full enjoyment of the premises. A real estate broker
18 or salesperson, where it is reasonable to do so, may
19 condition permission for a modification on the person
20 agreeing to restore the interior of the premises to
21 the condition that existed before the modification,
22 reasonable wear and tear exceptedi
2009-0451 SB SMA-l.doc
(11) To refuse to make reasonable accommodations in rules,
2 policies, practices, or services, when the
3 accommodations may be necessary to afford a person
4 with a disability equal opportunity to use and enjoy a
5 housing accommodation;
6 (12) In connection with the design and construction of
7 covered multifamily housing accommodations for first
8 occupancy after March 13, 1991, to fail to design and
9 construct housing accommodations in [SB€fi] a manner
10 that:
11 (A) The housing accommodations have at least one
12 accessible entrance, unless it is impractical to
13 do so because of the terrain or unusual
14 characteristics of the site; and
15 (B) with respect to housing accommodations with an
16 accessible building entrance:
17 (i) The public use and common use portions of
18 the housing accommodations are accessible to
19 and usable by disabled persons;
20 (ii) Doors allow passage by persons in
21 wheelchairs; and
2009-0451 SB SMA-l.doc
Page 8 S.B. NO.
1 (iii) All premises within covered multifamily
2 housing accommodations contain an accessible
3 route into and through the housing
4 accommodationsi light switches, electrical
5 outlets, thermostats, and other
6 environmental controls are in accessible
7 locationsi reinforcements in the bathroom
8 walls allow installation of grab barsi and
9 kitchens and bathrooms are accessible by
10 wheelchairi or
11 (13) To discriminate against or deny a person access to, or
12 membership or participation in any multiple listing
13 service, real estate broker's organization, or other
14 service, organization, or facility involved either
15 directly or indirectly in real estate transactions, or
16 to discriminate against any person in the terms or
17 conditions of [SBefi] access, membership, or
18 participation."
19 SECTION 4. Section 515-4, Hawaii Revised Statutes, is
20 amended to read as follows:
21 1I§51S-4 Exemptions. (a) Section 515-3 does not apply:
2009-0451 SB SMA-1.doc

Page 9 S.B. NO.
1 (1) To the rental of a housing accommodation in a building
2 which contains housing accommodations for not more
3 than two families living independently of each other
4 if the lessor resides in one of the housing
5 accommodations; or
6 (2) To the rental of a room or up to four rooms in a
7 housing accommodation by an individual if the
8 individual resides therein.
9 (b) Nothing in section 515-3 shall be deemed to prohibit
10 refusal, because of sex, including gender identity or
11 expression, sexual orientation, or marital status, to rent or
12 lease housing accommodations:
13 (1) Owned or operated by a religious institution and used
14 for church purposes as that term is used in applying
15 exemptions for real property taxes; or
16 (2) Which are part of a religiously affiliated institution
17 of higher education housing program which is operated
18 on property that the institution owns or controls, or
19 which is operated for its students pursuant to Title
20 IX of the Higher Education Act of 1972.
2009-0451 SB SMA-1.doc

1 (c) Nothing in this chapter regarding familial status or
2 age shall apply to housing for older persons as defined by 42
3 United States Code section 3607(b) (2).
4 (d) Nothing in section 515-3 shall be deemed to prohibit a
5 person from determining the ability of a potential buyer or
6 renter to pay a purchase price or rent by:
7 (1) Verifying, in a commercially reasonable manner, the
8 source and amount of income of the potential buyer or
9 renter; or
10 (2) Evaluating, in a commercially reasonable manner, the
11 stability, security, and credit worthiness of the
12 potential buyer or renter or any source of income of
13 the potential buyer or renter.
14 (e) The prohibition against discrimination based on source
15 of income shall not prevent a person from refusing to consider
16 income derived from any criminal acti vi ty. "
17 SECTION 5. Section 515-5, Hawaii Revised Statutes, is
18 amended to read as follows:
19 n§515-5 Discriminatory financial practices. It is a
20 discriminatory practice for a person, a representative of [SBefi]
21 ~ person, or a real estate broker or salesperson, to whom an
22 inquiry or application is made for financial assistance in
2009-0451 SB SMA-l.doc

Page 11 S.B. NO.
1 connection with a real estate transaction or for the
2 construction, rehabilitation, repair, maintenance, or
3 improvement of real property, because of race, sex, including
4 gender identity or expression, sexual orientation, color,
5 religion, marital status, familial status, ancestry, disability,
6 age, source of income, or human immunodeficiency virus
7 infection:
8 (1 ) To discriminate against the applicant;
9 (2 ) To use a form of application for financial assistance
10 or to make or keep a record or inquiry in connection
11 with applications for financial assistance that
12 indicates, directly or indirectly, an intent to make a
13 limitation, specification, or discrimination unless
14 the records are required by federal law;
15 (3) To discriminate in the making or purchasing of loans
16 or the provision of other financial assistance for
17 purchasing, constructing, improving, repairing, or
18 maintaining a dwelling, or the making or purchasing of
19 loans or the provision of other financial assistance
20 secured by residential real estate; or
21 (4 ) To discriminate in the selling, brokering, or
22 appraising of residential real property."
2009-0451 SB SMA-l.doc

Page 12 S.B. NO.
1 SECTION 6. Section 515-6, Hawaii Revised Statutes, is
2 amended by amending subsections (a) and (b) to read as follows:
3 "(a) Every provision in an oral agreement or a written
4 instrument relating to real property that purports to forbid or
5 restrict the conveyance, encumbrance, occupancy, or lease
6 thereof to individuals because of race, sex, including gender
7 identity or expression, sexual orientation, color, religion,
8 marital status, familial status, ancestry, disability, age,
9 source of income, or human immunodeficiency virus infection, is
10 void.
11 (b) Every condition, restriction, or prohibition,
12 including a right of entry or possibility of reverter, that
13 directly or indirectly limits the use or occupancy of real
14 property on the basis of race, sex, including gender identity or
15 expression, sexual orientation, color, religion, marital status,
16 familial status, ancestry, disability, age, source of income, or
17 human immunodeficiency virus infection is void, except a
18 limitation, on the basis of religion, on the use of real
19 property held by a religious institution or organization or by a
20 religious or charitable organization operated, supervised, or
21 controlled by a religious institution or organization, and used
22 for religious or chari table purposes."
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Page 13 S.B. NO. 4~~
1 SECTION 7. Section 515-7, Hawaii Revised Statutes, is
2 amended to read as follows:
3 1I§515-7 Blockbusting. It is a discriminatory practice for
4 a person, representative of a person, or a real estate broker or
5 salesperson, for the purpose of inducing a real estate
6 transaction from which the person, representative, or real
7 estate broker or salesperson may benefit financially, because of
8 race, sex, including gender identity or expression, sexual
9 orientation, color, religion, marital status, familial status,
10 ancestry, disability, age, source of income, or human
11 immunodeficiency virus infection:
12 (1 ) To represent that a change has occurred or will or may
13 occur in the composition of the owners or occupants in
14 the block, neighborhood, or area in which the real
15 property is located; or
16 (2 ) To represent that this change will or may result in
17 the lowering of property values, an increase in
18 criminal or antisocial behavior, or a decline in the
19 quality of schools in the block, neighborhood, or area
20 in which the real property is located."
21 SECTION 8. Section 515-16, Hawaii Revised Statutes, is
22 amended to read as follows:
2009-0451 SB SMA-l.doc
Page 14 S.B. NO.
1 "§515-16 Other discriminatory practices. It is a
2 discriminatory practice for a person, or for two or more persons
3 to conspire:
4 (1 ) To retaliate, threaten, or discriminate against a
5 person because of the exercise or enjoyment of any
6 right granted or protected by this chapter, or because
7 the person has opposed a discriminatory practice, or
8 because the person has made a charge, filed a
9 complaint, testified, assisted, or participated in an
10 investigation, proceeding, or hearing under this
11 chapteri
12 (2) To aid, abet, incite, or coerce a person to engage in
13 a discriminatory practicei
14 (3 ) To interfere with any person in the exercise or
15 enjoyment of any right granted or protected by this
16 chapter or with the performance of a duty or the
17 exercise of a power by the commissioni
18 (4 ) To obstruct or prevent a person from complying with
19 this chapter or an order issued thereunderi
20 (5) To intimidate or threaten any person engaging in
21 activities designed to make other persons aware of, or
2009-0451 SB SMA-l.doc

Page 15 S.B. NO.
1 encouraging [SB€fi] other persons to exercise rights
2 granted or protected by this chapteri or
3 (6 ) To threaten, intimidate or interfere with persons in
4 their enjoyment of a housing accommodation because of
5 the race, sex, color, religion, marital status,
6 familial status, ancestry, disability, age, source of
7 income, or human immunodeficiency virus infection of
8 [SB€fi] the persons, or of visitors or associates of
9 [SB€fi] the persons."
10 SECTION 9. Statutory material to be repealed is bracketed
11 and stricken. New statutory material is underscored.
12 SECTION 10. This Act shall take effect upon its approval.
13
INTRODUCED BY:
2009-0451 SB SMA-I.doc
S.B. NO. C, S-'
Report Title:
Discrimination in Real Property Transactions; Source of Income
Description:
Prohibits discrimination in real property transactions based on
lawful source of income.
2009-0451 SB SMA-l.doc