Lawyers for Equal Justice News Blog

PRESS RELEASE: LEJ Joins the Appleseed Network as the Hawai`i Appleseed Center for Law and Economic Justice

2011-09-28T10:39:00.004-10:00

Lawyers for Equal Justice Joins Appleseed Public Interest Network
as the
Hawai`i Appleseed Center for Law and Economic Justice

September 26, 2011

Honolulu: The Board of Directors of Lawyers for Equal Justice (LEJ) is proud to announce that LEJ is joining with 16 other public interest justice centers in the United States and Mexico affiliated with the Appleseed organization. LEJ’s new name is the Hawaii Appleseed Center for Law and Economic Justice.

LEJ is a Hawaii nonprofit, 501(c)(3) public interest law firm that was created to advocate on behalf of low income individuals and families in Hawai`i on civil legal issues of statewide importance. The program has successfully resolved a number of class action cases that have made significant improvements in the lives of many low income individuals including disabled tenants in public and private housing, educational guarantees for homeless children and health care for Micronesians. It has also assisted veterans in securing their rights.

The national office for Appleseed is located in Washington, D.C. and supports the work of the 17 Centers. The Centers function as independent organizations linked into a national network. Each Center recruits its own staff and leadership, raises its own sources of funding, and develops its own projects and strategies for reform. Additionally, Centers work actively with the national office of Appleseed on collaborative projects, many of which grow out of local work of single Centers in such areas as education, financial access and health care. All Centers rely on a combination of staff and pro bono volunteers to conduct project work. Most of the Centers have similar missions and are engaged in activities that aim to address many of the same problems that LEJ addresses.

The benefits of the new Appleseed affiliation are significant for LEJ. They enhance its ability to:

-Gain from the successful experience of other Centers on similar work;
-Collaborate on national initiatives that will impact the lives of clients in Hawaii;
-Access financial support from national and local foundations;
-Expand the use of administrative and legislative advocacy as alternatives to litigation;
-Meet periodically with staff from the other 16 Centers to discuss emerging issues that are affecting our clients and explore appropriate responses; and
-Diversify LEJ’s funding base to increase its long term stability and opportunities for growth.

“I couldn’t be more delighted and honored that LEJ is joining the Appleseed network,” said Appleseed’s Executive Director Betsy Cavendish. “Victor Geminiani and the organization he leads have secured real victories for veterans, for the disabled, for homeless kids seeking their educational rights, for victims of maltreatment and improper administration of government benefits programs. They use the law to combat poverty and its effects, and to secure the promise of our Constitution for everyone. The Appleseed network will be stronger with LEJ as a colleague organization.”

“We wanted to link our work to an effective mainland organization that shares our values: fairness, opportunity, community, partnership, responsibility, and ensuring equal access to justice,” said David Reber, President of LEJ. “LEJ studied various models and decided that Centers in the Appleseed network were doing work we admired, and that membership in the network could help share our work at a national level.”

“The recent census report on the dramatic increase in poverty throughout our nation underlines the critical importance of increasing civic engagement and organizing for effective social change through organizations like Appleseed and Hawai'i Appleseed Center for Law and Economic Justice to ensure justice for all” said LEJ’s Executive Director, Victor Geminiani.

LEJ is planning a reception on November 17th to share with the community further information about its work and its new affiliation with the Appleseed network.
For additional information, contact Victor Geminiani, Executive Director of the Lawyers for Equal Justice, by email at victor@lejhawaii.org or by phone at (808) 587-7605 or David Reber, a partner at the law firm Goodsill Anderson Quinn and Stifel LLP, by e-mail at dreber@goodsill.com or by phone at (808) 547-5611.

LEJ’s web site (www.hiappleseed.org) has more information on program activities.

Star-Advertiser Editorial: Kalihi rentals revamp right way to go

2011-05-25T06:00:00.001-10:00

Star-Advertiser
Our View
5/24/2011

At long last, Hawaii is moving toward a far better model of providing housing to its lowest-income residents than what the outdated Kuhio Park Terrace became: a tumble-down, crime-plagued disgrace.

At the time it was built in 1963, KPT was only one of many tower projects developed for needy renters in urban centers across the country. In the years to follow, the highrise approach, which brings many low-income families together in a centralized complex, was rejected in favor of creating more mixed-income developments. Cities nationwide started tearing down the big apartment buildings.

That could not be even the temporary solution here because for the residents of some 700 units in KPT and the adjacent low-rise Kuhio Homes complex, demolition would mean the real threat of homelessness. Honolulu's inventory of affordable rentals falls far below the level needed to meet the need. So the incremental program of renovating the Kuhio complex in Kalihi, which was launched officially last week, is the right way to go.

The long-delayed $50 million renovation of the buildings, which will be owned by Michaels Development Co., should begin a new, more sustainable operation for families who for many years have complained about persistent leaks, dysfunctional elevators and myriad other problems. And the top three floors of Tower B will serve as a "hotel," housing residents while their units are redone, with final project completion set for the end of 2012.

The New Jersey firm Michaels Development has a good national reputation in this arena. Last December it drew top honors from the National Association of Home Builders as Multifamily Development Firm of the Year. Now its selection for this project, in partnership with the local office of Vitus Group, bodes well for the long-term success of what's now been dubbed The Towers at Kuhio Park.

It's gratifying to see the privatization of this development under way. It's a partnership that works as long as three key elements are in place: government backing, professional private oversight and a compact with the tenants, who also have their own part to play.

The two state housing agencies coordinating the financing — the Hawaii Housing Finance and Development Corp. and the Hawaii Public Housing Authority — should give the needy families and housing advocates important government assurances. In particular, HPHA will retain title on the land and, through the terms in lease agreements, can see that the units remain affordable into the future.

Private management of what are now called public housing projects has worked well in Palolo and elsewhere, and now both the state and city seem to be accelerating this trend. Michaels' management arm, Interstate Realty Management, will take over once everything's rebuilt. These companies have an incentive to see that tenants are adequately screened and that rent is paid reliably, keeping the operation financially viable and ensuring timely maintenance of the property.

Finally, good managers should see that tenants are kept in the loop about their neighborhood, and held to account for their own actions. Residents can feel a sense of ownership if they're part of developing their community activities and routines. Those who don't bear up under this responsibility will find that others are ready and willing to take their place.

Hawaii, still struggling to develop a housing market within reach of its low-income work force, must work to close that gap for its poorest citizens. Public housing is rightly seen as part of its social safety net. But it serves nobody — not the taxpayers, not the tenants — if housing is mismanaged and money goes to waste. Everyone should benefit by this change in course, if it's seen through to success 18 months from now.

Star-Advertiser: State owes Mayor Wright tenants

2011-04-25T09:44:00.002-10:00

Class action lawsuits filed against the state last week seeking desperately needed repairs at Mayor Wright Housing should, rightly and finally, nudge state legislators to make the fixes over the next two years. The state should make repairs as a matter of routine maintenance to prevent what for years has been deplorable deterioration of low-income public housing projects throughout the state.

The repairs by the state are necessary not just as a matter of being a responsible landlord, but also by federal standards for state-run public housing facilities.

Similar lawsuits filed in 2008 were successful in forcing the state to make repairs at Kuhio Park Terrace and Kuhio Homes in Kalihi.

At Kapalama's Mayor Wright Homes, solar panels installed two decades ago, distributed to 80 tanks to provide hot water to the project's 364 apartments in 35 buildings, have failed to work in recent years.

Most residents have not been receiving hot water, according to the lawsuits filed in state and federal courts, while only one in 600 low-income-renter, occupied units nationally lack piped hot water.

Gov. Neil Abercrombie has rightly made the hot water issue at Mayor Wright a priority. His proposal to devote $5.6 million to remove the solar water panels and replace the deteriorated roofs where they have been sitting and install a new hot water system is included in a two-year general appropriations bill scheduled for a joint House-Senate conference today.

The conferees are urged to include the expenditure in the bill.

That would be "a good solid first step," says Victor Geminiani, executive director of Lawyers for Equal Justice, which represents the residents in the lawsuits.

But lack of hot water is not the only problem.

Dumpsters at Mayor Wright frequently overflow, leading many residents to place bags of trash next to them, and the bags are torn open by dogs or feral cats.

That has led to rat, roach and vermin infestations, according to the lawsuits.

From Star-Advertiser, 4/25/2011

Various other problems plague tenants inside their units, especially those with disabilities.

During and after repairs are made at Mayor Wright, the Hawaii Public Housing Authority will need to make repairs and improve maintenance elsewhere amid the 8,000 units it manages across the islands.

Legislators should make answering those needs a priority every session.

Fully addressing those problems will take time and money. HPHA has acknowledged that hundreds of millions of dollars will be needed to complete the backlog for needed renovations systemwide.

As the state government copes with a struggling economy, that will not be a quick fix — but today is the unfortunate result and reality of years of neglect and inadequate maintenance.

The state must address the problems with a degree of urgency, one steady fix at a time.

Star Advertiser: Housing project residents file suits

2011-04-22T10:37:00.000-10:00

Plaintiffs say major upgrades are needed at Mayor Wright Homes

By Rosemarie Bernardo

CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM

Victor Geminiani, executive director of Lawyers for Equal Justice, who is representing residents of Mayor Wright Homes in their class-action lawsuits, said yesterday that poor living conditions have long been a problem at the complex.

Kapalama residents fed up with what they say is substandard public housing conditions filed class-action lawsuits in state and federal courts yesterday against the state for the alleged lack of repairs.

The Circuit Court suit was filed by residents of Mayor Wright Homes, alleging the Hawaii Public Housing Authority failed to provide safe and sanitary conditions. The suit filed in U.S. District Court claims the authority failed to meet standards under the Americans with Disabilities Act and the Fair Housing Act.

Victor Geminiani, executive director of Lawyers for Equal Justice, who is representing the residents, said poor conditions at the housing project have been a long-standing problem.

"We're waiting for changes to be made," Geminiani said yesterday at Mayor Wright Homes.

Residents have complained that unsanitary conditions, vermin infestation and overflowing Dumpsters exacerbate their health problems, such as asthma and chronic obstructive pulmonary disease, he said.

Also, the lack of ramps and a lower side to bathtubs makes accessibility difficult for disabled residents, Geminiani said. The state is required by federal law to seek reasonable accommodations for residents, and "the state doesn't do that. The state ignores them," he said.

The residents have campaigned at the state Capitol over the lack of hot water that most have suffered through for about seven years, this year winning a promise of action from the governor. Many residents say they have been forced for years to boil water.

Disabled resident Frances Wong, who has lived at the project since 1970, has a difficult time entering the bathroom because her wheelchair is wider than the doorway. Wong, who is paralyzed on the left side of her body after a stroke three years ago, must depend on family members to get in and out of the bathtub, the state suit says.

Fetu Kolio, president of the Mayor Wright Homes Tenants Association, said residents are frustrated with the state's neglect. Contractors were hired and repairs are budgeted, yet there are no results, said Kolio.

There is a lack of urgency or importance because it is a low-income housing project, he added.

Infrequent extermination services have resulted in an infestation of rats, mice and roaches on the property. Unwanted odors waft through the air from overflowing Dumpsters, while feral cats tear plastic trash bags open, resulting in more trash strewn on the grounds, according to the state court suit.

Gangs, violence and drug activity increased due to inadequate security, said Kolio. The project's playground is covered with graffiti. Overgrown trees block lighting to the property at night.

"Parents are afraid to allow their children out after dark," the suit says.

Mayor Wright Homes, the state's second-largest public housing project, has about 364 units.

Nicholas Birck, housing planner with the public housing authority, declined comment on the suits, saying officials had not had a chance to review them.

PRESS RELEASE:

2011-04-21T16:33:00.005-10:00

Hawaii Public Housing Authority Sued for violations of ADA and unsafe conditions

Federal and State Class Action Lawsuits Filed on Behalf of Tenants at Mayor Wright Homes Citing Unsafe Conditions and Lack of Access for Disabled Tenants.

April 21, 2011

Honolulu: Seeking to end notoriously unsafe conditions and inaccessible apartments at the Mayor Wright Homes (MWH), the state’s second largest public housing project, attorneys for a group of low-income residents with disabilities filed class action lawsuits in federal and state court today against the Hawaii Public Housing Authority.

The federal suit charges that the unsafe and unsanitary conditions at the project violate the Americans with Disabilities Act, the Rehabilitation Act and the Fair Housing Act. These federal laws prohibit discrimination against persons with disabilities and require equal access to government programs including public housing projects. The relief sought includes a court order requiring the State to cease its decades long violations of federal law by providing public housing that is accessible to disabled residents and by eliminating the unsafe and unsanitary conditions that exacerbate and cause disabilities.

A separate lawsuit filed in state Circuit Court alleges that the Housing Authority has breached its obligations to residents under the warranty of habitability-a warranty implied in all residential leases under state law. The warranty binds landlords to maintain premises in decent, safe and sanitary conditions.

The plaintiffs are represented by the non-profit organization Lawyers for Equal Justice.

The housing facilities at MWH are characterized by architectural barriers, leaking and bursting plumbing, an almost total lack of hot water, vermin infestation including rats, roaches and bedbugs, overflowing trash piles, toxic air filed with noxious particulates, inconsistent security and hazardous and inaccessible conditions.

Despite the unequivocal and longstanding mandates of federal disability nondiscrimination statutes, years of media coverage of the serious problems at MWH and the HPHA’s own 2008 audit of the deplorable and hazardous conditions throughout the project, the HPHA has failed to address the numerous problems that permeate MWH.

Victor Geminiani, Executive Director of LEJ said “The state's continued failure to fund over $350 million in critical repairs needed throughout our public housing system has resulted in 25,000 residents of public housing living for years in vermin infested apartments without hot water and garbage collection while elderly and disabled residents remain isolated in their apartments because of broken elevators and ineffective security. Mayor Wright is just one more example of the deplorable condition public housing has been allowed to become by ineffective state planning and action.”

For additional information, contact Victor Geminiani, Executive Director of the Lawyers for Equal Justice by email at victor@lejhawaii.org or by phone at 587 7605.

Lawyers for Equal Justice (LEJ) is a nonprofit, 501(c)(3) law firm that advocates on behalf of low income individuals and families in Hawaii on civil issues of statewide importance

LEJ Supports HR 38

2011-04-13T10:15:00.004-10:00

LEJ strongly supports H.R. 38 HD 1. Here are some important facts about COFA and the state's attempt to illegally severely restrict critical health care services to low income members of the COFA community.

1. Why do the COFA residents have a right to receive government benefits at all?
COFA residents make positive contributions to the economy and receive very few government benefits. COFA residents are legally eligible to work in the United States and required to pay state and federal taxes. COFA states account for the highest per-capita number of military recruits than any other U.S. state or territory. Despite paying taxes, unlike all other immigrants and U.S. citizens, COFA residents are never able to establish residency and receive Federal government means-tested benefits. Refugees, victims of domestic violence, trafficking victims, those whose deportation is withheld, immigrant victims of crime, and asylum seekers are all eligible to receive these benefits, but COFA residents are not.

2. Don't COFA residents place an unfair financial burden on Hawai'i?
The State of Hawai' i received $10,571,000 million for fiscal year 2009 and $11,229,000 for fiscal year 2010 in Compact Impact funds from the federal government to help pay for services to COFA residents living in our state. Other states, such as Washington and Arkansas have sizable COFA populations. They not only provide comprehensive health benefits, but also provide food stamps and other state funded assistance to the COFA population without receiving any Compact Impact funds.

3. Why should the State pay for coverage for COFA residents in tough economic times?
Spending on COFA residents represents a very small expenditure in our state budget and a wise investment. Cutting $13 million in essential health care spending toward primary and preventative health care for our COFA population eliminates less that than .0184% of the State's $1.3 billion deficit. Additionally, it is not a wise investment. It eliminates spending on the front end while increasing overall spending for health care by ensuring that emergency service costs are significantly increased and emergency rooms overloaded. In addition, the COFA population suffers disproportionately with serious health problems, many linked to past and ongoing US occupation and nuclear weapons testing in their home countries.

4. But weren't the services offered by Basic Health Hawaii (BHH) sufficient to maintain a person's health.
BHH provided very limited health care coverage not adequate for disabled or seriously ill persons. Some patients must use the allotted doctor visits simply to get diagnosed. Most disabled individuals often need to visit the doctor more frequently, may need more than four prescription medications, and need access to medical devices. From a public health perspective, cutting access to health care from a newly arrived population is not a wise management decision to make sure serious illnesses and diseases are diagnosed and treated.

5. Keeping COFA residents healthy promotes health for all, and a healthier Hawai'i.
Cutting access from a marginalized immigrant population is a shortsighted plan that does not address the real problem and will not contribute to the health and well being of all state residents. The ability to access health services ensures that communicable diseases and illnesses are diagnosed, treated, and managed. When a marginalized population is systemically denied access, chronic conditions are left to fester until they become emergency issues.

6. Why does the U.S. have this special relationship with these countries?
The three COFA countries were formerly part of the Trust Territory of the Pacific Islands. Under the COFA treaties, the U.S. exercises strategic control of over half a million square miles of the Pacific between Hawai'i and Guam. The United States conducted nuclear testing in the Pacific for many years. The U.S. Eniwetok and Bikini were used as nuclear testing grounds, setting off 67 open-air atomic and hydrogen bomb blasts that equaled 1.7 Hiroshima-sized bombs every morning for 12 years. Because of nuclear fallout and militarization, residents were forced to relocate. Diets changed, as traditional agriculture could not longer be supported on lands rendered unusable from nuclear fallout or military operations. With no other economic means for support, the United States military recruits more members from COFA states than from any other state or territory to serve overseas in our military endeavors. The treaty allows COFA residents to live and legally work in the U.S.

7. Isn't this a Federal Problem?
This is a Hawai'i issue and local problem. Other states provide services for the COFA population without receiving any Compact Impact Funds. It is only in Hawai'i that we have targeted the Micronesian immigrant population as responsible for the budget deficit.

8. Wasn't there already a lawsuit about all of this?
COFA residents and LEJ have been fighting these cuts for two years. Most recently, in November 2010, Federal Court Judge Michael Seabright found that State had violated the 14th amendment in specifically targeting COFA residents for cuts to medical services, and issued a preliminary injunction reinstating benefits for COFA residents by January 2011. The state is now appealing this ruling.

Press on Gov. Abercrombie's trip to Mayor Wright

2011-03-09T16:06:00.004-10:00

Abercrombie visits Mayor Wright, promises hot water, KGMB

By Brooks Baehr

The water woes will soon be a thing of the past at Mayor Wright Housing.

So says Governor Neil Abercrombie. He visited the state owned housing complex Monday and after meeting with tenants told reporters the lack of hot water in some apartments will be addressed "immediately."

"They have confidence, and should have confidence, that we are going to deal with it immediately. We're going to take care of what needs to be done where the hot water is concerned," Abercrombie said.

Tenants walked the property with the governor pointing out problems that need to be addressed. The hot water, though, is their top priority. Some residents have been without consistent hot water for seven years. Others have hot water only on days when the sun shines bright enough to heat solar water systems, but in the morning the water is always cold.

Abercrombie's spokesperson says a temporary fix is already in the works. Donalyn Dela Cruz said bids are being solicited right now for a contractor who will have until July 5 to get reliable hot water into every apartment. And, Dela Cruz said, the governor's budget request to the legislature includes a $2.5 million dollar request to pay for a permanent fix.

Gov. Abercrombie To Hear Hot Water Woes, KITV

HONOLULU -- The state’s Mayor Wright Housing project has been plagued with a malfunctioning hot water system for years.

The aging system supplies water to some 364 units in the low income housing complex but chronic breakdowns mean families have inconsistent hot water.

“If you talk about consistency, there is no warm or hot water in the morning, or no warm or hot water in the evening,” said resident Fetu Kolio.

Gov. Neil Abercrombie on Tuesday met with residents over their frustration that it has taken so long to repair.

“They have confidence and should have confidence that we will deal with it immediately. We are going to take care of what needs to be done where hot water is concerned, said Gov. Neil Abercrombie.

“I feel confident after today’s discussion that they have a governor that is working with them,” Abercrombie said.

Families have been pressuring the state for years, but the budget squeeze has delayed a permanent fix.

A recent survey by area lawmakers found that about 70 percent of the units lacked hot water.

The state has begun installing tankless hot water in some of the units, but it could cost millions more to repair the entire system, officials said.

“We need to address these long term maintenance issues because that’s what cropping up now,” said Hawaii Public Housing Authority executive director Denise Wise.

Wise said there is about $8 million in the administration budget for the project. The question is whether lawmakers will fund the request.

Abercrombie oversees fix to Mayor Wright's hot water problem, KHON

Public housing resident hoping to fix a years-long hot-water problem got the attention of the governor today.

The governor visited Mayor Wright homes where an interim fix is already underway for a problem they say started seven years ago.

These 300 gallon solar hot water tanks have not been keeping pace with usage at Mayor Wright homes, to the point that hot water is in rare supply, with availability being intermittent and the temperature going to tepid or even cold quickly during high-use times or cloudy days.

The community has been increasingly vocal with lawmakers about this and other issues, and invited the governor to see for himself, which he did today."It boils down to health and safety, sanitation, condition of living yeah?” said Fetu Kolio, president of the tenant association."

We are taking some funds from some projects, we're doing some shifting, so that this is on the top of the list,” said Denise Wise of the Hawaii Public Housing Authority.

A nearly $800,000 project already underway has installed gas-fired tank-less backup water heaters to about 25 percent of units so far.

Meanwhile the solar system is being evaluated for repair versus replacement. At the capitol today, a measure passed to establish minimum rent for public housing and allow the housing authority to assess a community facility maintenance fee.

KGMB: Hot Water in Works for Mayor Wright

2011-02-27T18:12:00.001-10:00

FROM KGMB:

By Brooks Baehr

HONOLULU (HawaiiNewsNow) - Residents of Mayor Wright Housing in Liliha who have lived without hot water, or consistent hot water, for years are encouraged by the response they got while lobbying at the state capitol Friday. Tenant association president Fetu Kolio led a groups of more than 25 tenants at the state low income housing development from office to office asking lawmakers for financial support so hot water can be provided to all Mayor Wright residents. At noon they made an unannounced visit to governor Neil Abercrombie's office. Abercrombie was at home nursing inner ear inflammation, but members of his staff met with the residents.

"We're hoping that we can work with this administration to get some sort of allocation funding prioritized from maybe the budget," Kolio explained.

"It shouldn't have to come to this, and I want you to know the governor feels exactly the same way. The budget that he presented earlier has funds for all the repairs and things that need to happen," responded Andrew Aoki, Abercrombie's deputy chief of staff. "We'll get to the bottom of this and we'll make it happen," he added.

It was not a written guarantee, but an assurance from the governor's office that the cold water at Mayor Wright is moving to the front burner. The legislature will need to cooperate by approving Abercrombie's budget request.

"It was good news. Governor's aware of the issue. Governor is aware of the issue and feels that it would have not gotten this far," Kolio said after leaving the governor's office.

Spokesperson Donalyn Dela Cruz said Abercrombie not only wants to allocate funding for fix the water problems at Mayor Wright, he would like to speed up the procurement process so the work gets done as soon as possible.

There is no estimate yet on how much the upgrades will cost.

Some of the 364 units at Mayor Wright have hot water 24-hours a day. Others only have hot water when there is enough sun to heat water in solar systems mounted on roof tops. And some units never have hot water. It seems no one has an accurate and updated count on the number of units in each category.

HPR: "Money Would Help Mayor Wright"

2011-02-27T18:11:00.001-10:00

Despite a projected $844 million shortfall, Governor Neil Abercrombie’s proposed budget actually increases spending. His office says the money would restore funding to core services. One item outlined by the Governor in particular is the troubled Mayor Wright housing project on Oahu.

HPR’s Ben Markus has more.

Star-Advertiser: Hot water should be priority

2011-02-11T07:36:00.002-10:00

Star-Advertiser Editorial, February 10, 2011

Our View

The state's public housing authority remains in hot water over the dismal record of maintenance at its federally subsidized residential complexes. The tenants at Mayor Wright Housing would be delighted to exchange their cold water for some of that.

Put simply, the state administration and its partners in the Legislature have a duty to step up their lagging service to the state's poorest residents. It should not take a lawsuit to compel that action.

The appallingly deteriorated housing project encompassing 364 apartments in 35 buildings has been in the news for months because of its dysfunctional water heating system. Since 2002, broken-down solar panels and backup systems have drawn complaints from residents -- who in 2006 finally alerted a new candidate for the state House to the problem.

That candidate, Karl Rhoads, ultimately was elected to the House seat. Last summer, he said, he realized the magnitude of the failure. His survey of the residents in July showed about 70 percent of them without reliable hot-water service.

But the attention has not yet spurred government to give the crisis the action it deserves. This week, The Associated Press reported that five of the buildings were fitted recently with tankless water heaters. About half of roughly $200,000 culled from existing Hawaii Public Housing Authority funds has been used on these and other repairs, said Denise Wise, executive director of the HPHA, which oversees the subsidized projects.

According to an AP analysis of Census data, only about one in 600 renter-occupied units nationally lack piped hot water; viewed through this lens, the conditions at Mayor Wright seem negligent. That leaves the state vulnerable to lawsuits, which Lawyers for Equal Justice has threatened to file. This is the nonprofit public-interest law firm that already has sued over the disrepair at another state complex, Kuhio Park Terrace and Kuhio Homes, so it's a pretty credible threat.

HPHA is pressing for more funds to whittle away this bit of a $350-million maintenance backlog, Wise said.

About $3.1 million to make the system functional for the short term is in House Bill 1616; that's about half of what it will take to make the fixes more lasting, but it's the least the state should do now.

Multiple federal laws on the books set a low bar for public housing: that it be "decent, safe, and sanitary." Considering the effect on residents trying to clean their dishes or bathe their children, supplying only cold water seems to fall far short of even that modest standard.

Rhoads said no state administration has added its weight to the appeal for funds by making an emergency request. Clearly it's time for the Abercrombie administration to break with that tradition and do so.

"It's a prime example showing that people who don't vote and don't have much political influence, things don't get taken care of for them.

"To me, it's an emergency and it needs to be treated as one," Rhoads added. "What can you say?"

You can say that this is shameful.

Cold water plagues Mayor Wright residents

2011-02-06T14:08:00.002-10:00

From Star-Adverstiser, by Mark Neese

Three-year-old Mayreen Miecho shivers and wraps a towel tightly around herself as she steps out of the shower in her public housing apartment, trying to recover from the frigid water.

She didn't want to take a cold shower. She had no choice.

Only cold water streams from most showers and sink spigots at Mayor Wright public housing, a chilling daily reminder to its low-income residents that their basic need for hot water has been ignored by the government.

"It's like ice. It's unhealthy. Sometimes, the kids get sick if they shower with cold water," said Gina Nikichiw-Spell as she helped watch Mayreen, her niece's daughter, and a handful of other children. "The government shouldn't focus on the high-class people. Be even to everybody."

Living conditions inside the rundown, concrete, low-rise apartment housing project near downtown Honolulu haven't changed much in years despite pleas from residents for their landlord -- the state -- to maintain its buildings like private owners would have to if their hot water systems broke down.

Instead, residents' children take frigid showers before school, their dishes are hard to clean and the chance of illness increases as the government repeatedly fails to find money for repairs. "It gets me worked up. Doggone it, do I have to live with this?" asked Fetu Kolio, president of Mayor Wright's tenant association. "Who doesn't want a warm shower? ... The issue has been here for years, and nothing's been done about it."

Hot water is considered an essential standard of living by federal and local authorities, and few residences across the country are lacking.

Nationwide, about 1 in 600 renter-occupied units, or 0.16 percent, don't have piped hot water, according to an Associated Press analysis of 2009 Census data.

"It's unacceptable that they don't have hot water," said Sheila Crowley, president of the Washington-based National Low Income Housing Coalition. "Just because poor people live there doesn't mean that housing authorities or Congress or the administration should be allowed to get away with shortchanging the kinds of things that are needed."

Residents at Mayor Wright, many of them migrants from Pacific nations like Micronesia, have been pushing the state government to make repairs since 2007, with limited results as lawmakers wrestle with persistent budget shortfalls.

The Hawaii Public Housing Authority spent about $95,000 to install tankless hot water on-demand systems for five of Mayor Wright's 35 buildings last year, said Nicolas Birck, housing planner for the authority. A July survey by state Rep. Karl Rhoads (D, Chinatown-Downtown) found about 70 percent of 364 apartments lacked hot water.

But it will cost more than $3 million for additional hot water fixes, and another $3 million for a more permanent piping and plumbing overhaul.

"If we have the money, we'll fix it. It's an issue of not having the money," said Birck, whose agency has requested funding from the state Legislature.

Unless the government pays up soon, Mayor Wright residents may file a lawsuit to force the issue, said Victor Geminiani of Lawyers for Equal Justice.

"It's immoral in this country to maintain facilities that year after year don't have hot water," he said. "We're not supposed to treat people this way." Federal housing authorities require safe, decent and sanitary housing for families, and that includes providing hot water, said Donna White, spokeswoman for the U.S. Department of Housing and Urban Development.

HUD officials this week urged the Hawaii Public Housing Authority to make the Mayor Wright hot water issue a priority, White said.

"Hot water is a safety issue in terms of being able to launder clothes, shower and clean," White said.

HUD provides HPHA with $12 million annually for capital improvement projects statewide, but the state has a public housing repair backlog exceeding $350 million and growing, Birck said.

Mayor Wright's hot water systems have been breaking down since 2002, when aging rooftop solar panels and backup systems began to fail. Residents sometimes boil water to compensate, but they say that raises electricity bills, takes time and isn't safe.

Residents of the 50-year-old complex pay no more than 30 percent of their income for rent in public housing, which has a waiting list of about 7,000 people across the state.

Some are able to live rent-free if they don't have any income after medical and disability deductions, but most have to pay some rent, Birck said.

Notice: Kuhio Park Terrace

2011-01-27T02:04:00.001-10:00

LEJ files for attorneys fees and costs in McMillan v. State of Hawaii.

See motion here.

LEJ expands disability practice with new Disabilty Law Section

2011-01-20T16:36:00.005-10:00

Lawyers for Equal Justice (LEJ) is a Hawai'i non-profit corporation made up of lawyers who are committed to helping individuals gain access to the resources, services and fair treatment they need to accomplish self-sufficiency and economic security. Medical costs and individual disabilities leading to unemployment or under-employment are some of the leading causes of bankruptcy and poverty.

For that reason, LEJ launched its Disability Law section to assist disabled individuals in obtaining the federal benefits they so desperately need to ensure that they have access to regular medical care and money for living expenses.

LEJ provides representation in appeals of adverse decisions of the Veteran's Association and the Social Security Administration, including

Veterans Service-Connected Disability Compensation
Veterans Non Service-Connected Disability Pension
Social Security Disability
and Supplemental Security Income.

To learn more about this new section and how we can help you, click here.Publish Post

Our Aspirations for Economic Justice

2011-01-17T14:05:00.000-10:00

From Honolulu Civil Beat

By Victor Geminiani

"Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality in a single garment of destiny. Whatever affects one directly affects all indirectly." —Martin Luther King, Jr.

Along with millions of baby boomers of my generation, I came of age during the social and economic turmoil of the 1960’s. Deeply seared in my memory are the visions of violence during the crossing of the Edmund Pettus Bridge by Freedom Workers in Selma, Alabama as they began their march to Montgomery. The march was under the leadership of Dr. Martin Luther King, Jr. who was serving as the President of the Southern Christian Leadership Conference. A mere three years later, the tragedy of his assassination on the lanai of his room at the Lorraine Hotel in Memphis brought an end to any hope that he would be with us to see his dream fulfilled where we would together “transform the jangling discords of our nation into a beautiful symphony of brotherhood….where we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day”.

I had the privilege soon after his death on that distant Lanai in Memphis to begin my work as a Vista Volunteer lawyer in Georgia with the Atlanta Legal Aid Society. Atlanta was the headquarters of Dr. King’s movement and the city had been fortunate to avoid the extremes so evident to all who watched on TV the many demonstrations throughout the south demanding racial justice. Under Dr. King’s leadership, the city fathers of Atlanta had adopted a slogan that it was a “city too busy to hate.” The adoption of the slogan was an attempt by the political leadership in that city to underline the importance that racial justice played in achieving economic vitality that would benefit all.

Most of my work as a young lawyer in Georgia involved representing black communities in rural hamlets in their efforts to enforce the rights contained in the recently passed federal Voting Rights Act of 1965. I was able to personally see for the first time in my life, the social and economic devastation that racial discrimination caused for all who live in a society that tolerates such injustice.

Dr. King’s legacy is partially contained in the critical individual protections established in the federal Civil Rights and Voting Rights Acts of 1965. His moral leadership during the brief period of his public life created the impetus for our nation to at last turn away from its history of social and economic exploitation embodied in slavery. For me, his legacy is also contained in our continuing struggle as a people to incorporate the concept of economic justice for all into the opportunities afforded by our public institutions and our private interactions.

As the legislative battles to end racial injustice began to be won, Dr. King started to turn his attention to its companion in disgrace, economic injustice. The purpose of his visit to Memphis in 1968 was to call the public’s attention to the plight of black municipal workers in that city who had been consistently deprived of economic opportunities reserved for white city workers. When the City refused to negotiate with the workers, King was asked to visit Memphis to show his support. He intended to visualize for the public the plight of the workers by leading a march through the streets of the city. A day before the scheduled march, his life was taken.

Although our nation has achieved remarkable success in overcoming racial injustice over the past 50 years, the dream of economic justice for all continues to elude our aspirations as a people. Equal and fair opportunity for self achievement is the central promise we make to each other. It’s what binds our people together as a nation. It is the inspirational beacon that draws so many to our shores. And yet we continue to erect and tolerate almost insurmountable barriers to equal opportunity for so many among us.

In Hawaii, we all recognize the blessing we share by living in this special place. The nature of our island community and the melting pot of our people have done much to minimize racial injustice. I believe Dr. King would be proud of what we have achieved. However, I wonder what Dr. King would say if he were to reflect on the health of our aspirations for economic justice.

I suspect he would question our educational system that to a significant extent segregates our children based on wealth and family opportunities. I also suspect he would challenge the fundamental fairness of our judicial systems which is inaccessible to so many because of the expense of securing representation. He would wonder why our state government has twice within the last year violated the constitutional rights of those among us from Micronesia by trying to eliminate dialysis services knowing that death within a week would be the result for hundreds of people suffering from kidney failure. He would likely deplore the inhuman conditions we force our children to suffer as they try to survive in our decrepit public housing projects like Kuhio Park Terrace.

Perhaps my views have become jaded by my current my occupation as a lawyer with Lawyers for Equal Justice, a legal aid program in Hawaii that provides assistance to low income individuals and communities challenging systemic barriers to self achievement. I hope not. I love and respect the history of our islands and the people who have been blessed by overcoming oceans and hardships to finding themselves here.

My dreams are the same as Dr. King’s and I believe the same ones we all share together. They are to live in a place of peace and respect for each other, to ensure our public institutions honestly and fairly promote our common aspirations for true equal opportunity for all, that we recognize and work hard to overcome our failings and that we honor our many successes. I think that is what Dr. King would have prayed for all of us.

Important Notice: Kuhio Park Terrace

2010-12-31T11:46:00.000-10:00

The class actions in federal and circuit court challenging conditions at Kuhio Park Terrace have been partially settled. The named plaintiffs and the Hawaii Public Housing Authority have reached a settlement agreement that has been preliminarily approved by the federal and circuit courts. See the links below for more information.

For more information, please contact Victor Geminiani at (808) 587-7605

IMPORTANT NOTICE: RESTORED BENEFITS FOR COFA RESIDENTS

2010-12-15T06:36:00.000-10:00

Notice in English, Chuukese and Marshallese
Med-Quest Letter in English, Chuukese, and Marshallese

1. All COFA residents now enrolled in Basic Health Hawaii (BHH) will have the benefits they were receiving before implementation of BHH restored, according to the time frame below:

a. On December 15, 2010, COFA residents now enrolled in BHH who are over age 65 or disabled who were receiving QUEST Expanded Access (QExA) benefits will be returned to previous QExA coverage.

b. On December 15, 2010, COFA residents now enrolled in BHH who were receiving State of Hawaii Organ and Tissue Transplant (SHOTT) program benefits will be returned to SHOTT program coverage.

c. On January 1, 2011, COFA residents now enrolled in BHH who were receiving QUEST benefits will be returned to previous QUEST coverage.

d. By February 1, 2011 COFA residents now enrolled in BHH who were receiving QUEST-Net and QUEST ACE benefits will be returned to that previous coverage.

2. Beginning December 15, 2010, no new applications from COFA residents will be denied because of citizenship. Applications for medical benefits dated on or after December 15, 2010 from COFA Residents will be accepted.

3. You may receive a letter in the mail from the Department of Human Services, Med-QUEST Division, informing you when your benefits will be restored. Please keep this important letter. You will use this letter at the doctor’s office and hospital to receive your benefits until you receive a new ID card for your new coverage.

ENIWI SEFANI EKKEWE PEKIN ANINNIS REN PEKIN SAFEI NGENIR
CHON COFA (Republic of Belau, FSM, and Republic of the Marshall Islands)

1. Meinisin ekkewe chon COFA ra kan nonomw won ekkewe pekin aninnis non safei ren ewe Basic Health Hawaii (BHH) iei, repwene niwiniti ekkewe aninnis non pekin safei rakan nonomw won akkomw non ekkei fansoun mei afatetiw me fan.

a. Seni non December 15, 2010, Meinisin chon COFA seni ier 65 fitta, me ekkewe mei ter meinisin ir mei nomw won ewe long term care service repwene pwan niwiniti ewe pekin aninnis rakan nomnomw won akkom itan (QExA).

b. Seni non December 15, 2010, meinisin chon COFA repwene niwiniti ewe State of Hawaii Organ and Tissues Transplant program (SHOTT). (Ei prokram ewe akan anisikich ren ach sipwe tongeni siwini ach kitni, ngasangas, me pwan ekkewe ekkoch kinikinin non me won inisich)

c. Seni non January 1, 2011, chon COFA meinisin ekkewe resamwo chinap, rese chun, ika ese wor terir repwene niwiniti ekkewe aninnis non pekin safei ra kan nonomw won akkom. (QUEST)

d. Seni non February 1, 2011 chon COFA meinisin ra nomw won ekkewe ekkoch pekin aninnis ren QUEST-Net me QUEST ACE repwene niwiniti ekkewe pekin aninnis ra kan nonomw won akkomw.

2. A suk sefan ngenir ekkewe minafon chon apply ngeni aninnis non pekin safei, me non ekkewe prokramin Quest meinisin poputa seni non December 15, 2010. Noun emon chon COFA application esapw ketiwengaw pokiten ii emon chon winiposen COFA,

3. Echo taropwe non omw we porun posto seni Med-Quest nupwen a niwinsefan ngonuk omw kewe pekin aninnis non pekin safei. Kose mochen kopwe fokkun nukuochu ei taropwe. Kopwene nounou ei taropwe ne no safei ren noumw we tokter me non ekkewe pioing, esapw chuen noumw we ID card ika katon safei. Mwirin ina epwe toruk noumw minafon ID minen ena minafon prokram.

JEPLAAKTOK IN BENEFIT KO NAN ARMEJ IN COFA

1. Aolep armej ro rej kiiō enroll ilo Basic Health Hawaii (BHH) enaaj bar rool benefit ko rekar bōki mokta jān BHH, ekkar nan karkan iien in ilal:

a. Mokta jān Tijōmba 15, 2010, aolep armej ro jān COFA im 65 aer iiō im rūttoļok, im armej ro jān aolep dettan ko im ewōr jipikpik ippāer im rej bōk long term care service ko renaaj bar jeplaak nan coverage ko moktaļok (QExA).

b. Mokta jān Tijōmba 15, 2010, aolep armej ro jān COFA renaaj jeplaak nan State of Hawaii Organ and Tissues Transplant program eo (SHOTT).

c. Mokta jān Janwōde 1, 2011, aolep armej ro jān COFA im rej jab rūtto, bilo ak jipikpik renaaj rool nan coverage ko moktaļok (QUEST).

d. Mokta jān Pebwōde, 1, 2011 aolep armej ro jān COFA ilo pirokiraam ko jet an QUEST-Net im QUEST ACE renaaj jeplaak nan coverage ko moktaļok.

2. Application kāāl ko nan benefit ko ikkijien taktō nan aolep Quest pirokiraam ko naaj bar bōki ijjino jān Tijōmba 15, 2010. Ejjeļo̧k application jān armej ro jān COFA naaj kōjekdoon e pedped ioon citizenship.

3. Kwo maron bōk juōn leta ilo mail jān Med-Quest ne emōj kōjeplaaktok benefit ko am. Jouj im kōjparok leta in ekanuij aorōk. Kwo naaj kōjerbale leta in, ejjab ID card eo am, ilo opij eo an taktō eo am ak imōn taktō nan bōke benefit kein. Tok ālik, kwoj aikuij in kar bōke juōn ID kāāl nan pirokiraam eo am ekāāl.

State told to restor health care to islanders

2010-12-15T06:30:00.000-10:00

From the Star-Advertiser: by Mark Neese.

A federal judge ordered the state yesterday to restore lifesaving health benefits to low-income legal migrants from Micronesia, the Marshall Islands and Palau, a ruling that will cost taxpayers millions.

U.S. District Judge J. Michael Seabright issued a preliminary injunction requiring that more than 7,500 Pacific islanders receive health coverage equal to plans provided to Medicaid recipients.

The cash-strapped state had tried to save about $8 million annually by offering fewer benefits under a free plan called Basic Health Hawaii that went into effect July 1, but Seabright's ruling ends that effort.

Micronesia, the Marshall Islands and Palau are beneficiaries of the Compact of Free Association, a 1986 pact with the United States granting it the right to use defense sites in exchange for financial assistance and migration rights after it used the Pacific islands for nuclear weapons testing from 1946 to 1958.

"Plaintiffs will suffer irreparable harm without a preliminary injunction because they would be left without adequate medical coverage, which will force them to pay for treatment on their own or completely forgo the treatment," Seabright wrote in his order.

The lawsuit claiming Basic Health Hawaii unlawfully discriminates against the migrants would likely be successful, Seabright wrote.

Migrants' health coverage was limited to 10 days of inpatient hospital care each year, 12 annual outpatient visits and a maximum of four medication prescriptions per month under Basic Health Hawaii.

Those constraints fell short of the care needed by many cancer and kidney disease patients, Seabright wrote. Chemotherapy and radiation therapy treatments are unavailable in the Pacific nations, and dialysis machines are rare.

Migrants' attorney Paul Alston said the state of Hawaii needed to treat legal residents from Pacific islands the same as U.S. citizens.

"The state must continue to provide an equal package of benefits, without regard to alienage," Alston said.

Lawyers for the state attorney general's office said they might appeal, but that decision will depend on whether new Democratic Gov. Neil Abercrombie's administration wants to continue the legal fight.

Deputy Attorney General Lee-Ann Brewer said the government argued that migrants' benefits could be reduced because they were not eligible for federal Medicaid services, regardless of their nationality or origin.

Hawaii's government spends more than $120 million a year on services for the migrants, and the federal government provides only $11 million to help cover the costs, according to the state Department of Human Services.

Seabright said the state is paying most of the cost of a federal obligation.

"Everyone here would rather see this cost spread around the entire nation than just the state of Hawaii," Seabright said in court.

Benefits must begin to be restored by tomorrow, and all migrants enrolled in Basic Health Hawaii will be reverted to their previous health care plans by Feb. 1, according to Seabright's order.

Federal injunction stops State healthcare cuts to COFA residents

2010-12-15T06:00:00.000-10:00

From the Hawaii-Independent on December 14, 2010.

Testifiers crowd in at a Department of Human Services hearing on benefits to legal Hawaii COFA residents in January. Photo by Ed Greevy

HONOLULU—On Monday, Federal District Judge Seabright issued a Preliminary Injunction requiring the Hawaii Department of Human Services (DHS) to reinstate the medical benefits for legal residents living in Hawaii under Compact of Free Association (COFA). The order is the result of a lawsuit filed in August challenging the drastic health care cuts to low income residents from COFA nations.

The current order requiring DHS to reinstate health care services comes after a previous ruling by Judge Seabright, denying the State’s Motion to Dismiss and allowing the legal challenge to proceed. In his November 10, 2010 order, the judge criticized DHS arguments for the targeted health care cuts and rejected DHS’s “attempt to characterize their actions as simply creating a brand new benefits program where one did not exist.” Seabright noted that “for the last 14 years, Defendants [DHS] have treated COFA residents the same as citizens and other qualified aliens by allowing them access to the same programs, with the only difference being that COFA residents’ participation was funded through State dollars only. It is only now that Defendants [DHS] have decided to single out COFA residents for lesser benefits than are provided to citizens and other classes of aliens.”

Further, while the court recognized that the health care cuts were made in response to the State’s budget crisis, the judge found that “justification of limiting expenses is particularly inappropriate and unreasonable when the discriminated class consists of aliens.”

“Judge Seabright’s order reaffirms the values so central to the people of our islands,” said Victor Geminiani, Executive Director of Lawyers for Equal Justice. “We take care of each other, especially in difficult times, and we don’t pick on any people because of where they come from.”

Lawyers for Equal Justice (LEJ) and pro bono partners Bronster Hoshibata and Alston, Hunt, Floyd and Ing filed the current lawsuit in August, 2010 challenging the State’s decision eliminate all residents present in Hawaii under COFA from QUEST, the State’s Medicaid coverage plan. The State created Basic Health Hawaii (BHH), a new separate medical program for COFA residents that provides very limited medical benefits.

The suit comes approximately one year after Judge Seabright temporarily struck down DHS’s previous effort to deny medical benefits to COFA migrants based on DHS’s violation of their constitutional rights of due process.

Press Release

2010-12-14T12:00:00.000-10:00

JUDGE ORDERS INJUNCTIVE RELIEF TO COFA RESIDENTS

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State Ordered to Reinstate Previous Medical Benefits
------------
Order follows finding that State's justification for medical cuts is discriminatory

---------------
Honolulu, Dec. 13, 2010 -- Today Federal District Judge Seabright issued a Preliminary Injunction against the Hawai`i Department of Human Services (DHS) requiring DHS to reinstate the medical benefits for legal residents living in Hawaii under Compact of Free Association (COFA). The order is the result of a lawsuit filed in August challenging the drastic health care cuts to low income residents from COFA nations.

The current order requiring DHS to reinstate health care services comes after a previous ruling by Judge Seabright, denying the State’s Motion to Dismiss and allowing the legal challenge to proceed. In his November 10, 2010 order, the Judge criticized DHS arguments for the targeted health care cuts and rejected DHS’s "attempt to characterize their actions as simply creating a brand new benefits program where one did not exist.” The Judge noted that “for the last fourteen years, Defendants [DHS] have treated COFA Residents the same as citizens and other qualified aliens by allowing them access to the same programs, with the only difference being that COFA Residents’ participation was funded through State dollars only. It is only now that Defendants have decided to single out COFA Residents for lesser benefits than are provided to citizens and other classes of aliens."

Further, while the court recognized that the health care cuts were made in response to the State’s budget crisis, the judge found that “justification of limiting expenses is particularly inappropriate and unreasonable when the discriminated class consists of aliens.”

"Judge Seabright’s order reaffirms the values so central to the people of our islands. We take care of each other, especially in difficult times, and we don’t pick on any people because of where they come from" said Victor Geminiani, Executive Director of Lawyers for Equal Justice.
Lawyers for Equal Justice (LEJ) and pro bono partners Bronster Hoshibata and Alston, Hunt Floyd & Ing filed the current lawsuit in August, 2010 challenging the State’s decision eliminate all residents present in Hawai`i under the Compact of Free Association from QUEST, the state’s Medicaid coverage plan. The State created Basic Health Hawai`i (BHH), a new separate medical program for COFA residents that provides very limited medical benefits.

The suit comes approximately one year after Judge Seabright temporarily struck down DHS’s previous effort to deny medical benefits to COFA migrants based on DHS’s violation of their constitutional rights of Due process.

Hawaii sued to hasten food stamp delivery

2010-11-22T14:52:00.000-10:00

From the Maui News

HONOLULU - A federal lawsuit seeks to force Hawaii's government to more quickly hand out food stamps to families in need because the state has been falling behind.

The lawsuit filed Wednesday on behalf of food stamp recipients asks a judge to require the Department of Human Services to process the vast majority of food stamp applications within 30 days as required by federal guidelines. Hawaii has been processing about 78 percent of food stamp applications on time.

Food stamp applications have surged during the economic downturn, contributing to the backlog. An average of 133,043 people in Hawaii received food stamps last fiscal year, worth monthly payments of about $215 per person.I

n addition, the department's staff has shrunk, and the state lowered eligibility requirements for food stamps last month, which encouraged more people to apply.

"Failure to process applications in a timely manner means that thousands of households are denied desperately needed assistance to help them feed their families and suffer hunger as a result," according to the lawsuit filed by Lawyers for Equal Justice, the National Center of Law and Economic Justice and the Honolulu law firm of Alston Hunt Floyd & Ing.

Department of Human Services Director Lillian Koller had no comment Thursday because she had not yet been served with the lawsuit, spokeswoman Toni Schwartz said.

But the state has been working to interview more applicants by phone rather than in person, streamline its application processing, equalize workloads and reduce paperwork, Koller has said.The lawsuit seeks class-action status on behalf of residents who have faced food stamp delays. It doesn't request monetary damages from the state but instead asks the courts to compel faster food stamp processing.

"If it's impacting enough people's lives in a serious fashion, then they're obligated to do something," said Victor Geminiani of Lawyers for Equal Justice.

The department had proposed a streamlining plan earlier this year that would have created two processing centers, closed all the state's welfare eligibility offices and laid off 228 public employees. The Democratic-run Legislature overrode Republican Gov. Linda Lingle's veto of a bill stopping the plan.

The federal government can fine states when they don't distribute at least 80 percent of food stamp benefits within a month after they were applied for. Hawaii hasn't been fined so far, Schwartz said.

Elderly await housing fixes

2010-11-22T14:43:00.000-10:00

Residents fear a sale of their homes will further delay repairs they have sought for two years

From Honolulu Star-Advertiser, by BJ Reyes

Resident Patsy Drake shows some of the disrepair at her unit at Kahuku Elderly Hauoli Hale. "All we can do is sit around and wait," said Don Powers, secretary of the Kahuku Senior Citizens Community Association.

Senior residents at an affordable-housing complex in Kahuku say they have been waiting two years for repairs required by the city and are now worried that $1.45 million in federal funding set aside for the work is being delayed.

A proposal by the landlord to sell the property has heightened fears among some residents of Kahuku Elderly Hauoli Hale that delays might cause the money to disappear altogether.

"It's just frustrating that the people are not being served," said the Rev. Bob Nakata, former state representative, a community organizer who has been working with the residents of Kahuku Elderly Housing.

The landlord, Kahuku Housing Foundation, said it is in search of a buyer "that will continue its mission to provide elderly affordable housing for the Kahuku community" with as little disruption as possible.

Residents of Kahuku Elderly Housing have clashed before with the Kahuku Housing Foundation, a nonprofit organization that owns the 64-unit complex. It is on land next to Kahuku Golf Course leased from the city at $1 a year under an agreement to comply with U.S. Housing and Urban Development Section 8 requirements to provide affordable housing for a specific population.

A group of residents led by the Kahuku Senior Citizens Community Association successfully sued two years ago to prevent the foundation from opting out of Section 8 in favor of a voucher program to subsidize low- to moderate-income residents.

The attempt to leave the federal subsidy program also triggered inspections by the city Department of Community Services that found 213 deficiencies in HUD Section 8 housing quality standards. The city warned the foundation in October 2008 that failure to fix the problems could lead to the cancellation of its lease.

None of the repairs have been made since then, said Don Powers, secretary of the Kahuku Senior Citizens Community Association.

"All we can do is sit around and wait," he said.

In May the City Council approved $1.45 million in HUD Community Development Block Grant money for the repairs and renovations.

Ernie Martin, acting director of community services, said his department had been working with the foundation to sign an agreement so the federal money could be released, but was informed this week that the owner wished to sell the property and transfer authority of the block grant money to a buyer.

"It is also Kahuku Housing's objective that such a sale cause minimal if not any changes to the current residents of Kahuku Elderly," the foundation said in a news release.

In an e-mail, Kamuela Cobb-Adams, foundation executive director, said legal review of the block grant documents has taken longer than expected and is expected to be completed next month.

He declined to discuss the concerns raised by the community association.

Powers said it was the community association's understanding that the block grant money was needed because the foundation could not afford to pay for all of the repairs, and that the Council favored the allocation because it was a "shovel-ready" project.

"Why is the foundation turning its back on these funds and the quality of life and safety of our seniors?" he said.

Martin said the block grant money was allocated for the fiscal year that ends June 30, so the city has until then to encumber the funds.

He said the city was trying to set up a meeting with the foundation to further discuss the proposed sale.

"It's not an unusual request," he said, adding that typically a nonprofit would look to sell to another nonprofit to manage the property under the terms of the existing lease.

If the city does not consent to the sale, Martin said he would expect the foundation to follow through with the needed renovations. The city also could request the sale be delayed until repairs are made.

"Then at that point, if they're still interested in proceeding with trying to sell the property, then we can go through that process," Martin said. "We want to ensure the renovations are initiated. ... We know the residents are really waiting for those renovations to be made, and we want those renovations made."

Lawsuit seeks to force Hawaii to issue food stamps more quickly

2010-11-18T11:50:00.000-10:00

From Star-Advertiser, November 18, 2010

A federal lawsuit seeks to force Hawaii's government to more quickly hand out food stamps to families in need because the state has been falling behind.

The lawsuit, filed yesterday by Lawyers for Equal Justice and Alston Hunt Floyd & Ing-A Law Corp., asks a judge to require the Department of Human Services to process the vast majority of food stamp applications within 30 days as required by federal guidelines. Hawaii has been processing about 78 percent of food stamp applications on time.

Food stamp applications have surged during the economic downturn, contributing to the backlog.

In addition, the state lowered eligibility requirements for food stamps last month, which encouraged more people to apply.

Department of Human Services Director Lillian Koller declined comment because she hasn't been served with the lawsuit.

State sued for food stamp delays

2010-11-18T08:40:00.000-10:00

From KHON Channel 2, by Jai Cunningham.

A non-profit law firm has filed a class action lawsuit against the state alleging the department of human services doesn't deliver food stamps to those in need on a timely basis. The group says the problem is getting worse. According to Lawyers for Equal Justice, nearly 140,000 people in Hawaii are on food stamps. They say many of the newest to qualify for food stamps aren't getting their applications processed in a timely manner.

"Talked to people who have families that have gone more than ninety days without receiving food stamps, again they should receive them in a thirty day period,” said Victor Geminiani of Lawyers for Equal Justice. Geminiani also cites retirements and a reduction of staff at the Human Services Department for adding to the processing problem. "There are two components of a plan to improve the situation. The first would be to staff up the units that are responsible for going through the eligibility applications for food stamps,” said Geminiani. And he says the other is to update an old system.

"For example there is no online application process available in the state, where as that has been a process that is rather common in many other states.” And the problem is statewide. The center says from October of last year to February of this year things have gotten noticeably worse. On Oahu the percentage of food stamp qualifiers not getting their applications processed within the first thirty days increased from more than ten percent to 15 percent. Kona from more than 20 to more than 38 percent and on Maui the rate increased from more than 47 percent to over 50 percent.

“The applications that are filed in Maui are not done in a timely, not resolved in a timely basis. Application decisions are not made within the thirty days required by federal law,” said Geminiani.

The lawsuit requests that the court make the state implement a corrective action plan. The state Department of Human Services says it has not seen the lawsuit, and could not comment on the specifics. But the director says the department has been working to streamline benefits processing but points out that their major project to modernize was stalled by the legislature last year.

Press Release: Nov. 17, 2010

2010-11-17T11:48:00.000-10:00

For Immediate Release

STATE OF HAWAII SUED FOR FOOD STAMP DELAYS

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Federal Class Action Lawsuit Filed to Require the State to Provide Food Stamps within 30 days as required by Federal Law and Regulations

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Honolulu, November 17, 2010 – Today a class of low-income Hawaii residents filed a federal lawsuit against the Hawaii Department of Human Services (DHS) to correct the Department’s ongoing and persistent failure to process in timely manner applications for Hawaii’s poorest families who seek Supplemental Nutrition Assistance Program (SNAP) benefits. Defendant’s failure to appropriately process applications means that thousands of households are denied desperately needed assistance to help them feed their families and suffer hunger as a result.

The Supplemental Nutrition Assistance Program (SNAP) benefits, also known as Food Stamps, are intended to alleviate hunger and malnutrition in low-income households by providing fully federally-funded benefits to help them purchase food. Participating states are required to comply with federal SNAP requirements, created by the US Department of Agriculture, which administers the program at the federal level. Under those requirements the Department must process and provide SNAP benefits within 30 days of the filing of applications by eligible applicants.

The plaintiffs are being represented by Lawyers for Equal Justice, a Hawaii nonprofit law firm, the National Center of Law and Economic Justice, a nonprofit law firm based in New York City and the Hawaii law firm of Alston Hunt Floyd & Ing.

“Over the past several months, the delay in properly processing food stamp applications has been the subject of legislative hearings and media attention, nevertheless the Department’s performance has continued to deteriorate” said Victor Geminiani, the Executive Director of the Lawyers for Equal Justice. “It is time for the Department to make the improvements necessary to effectively operate this critical program.”

The lawsuit comes amid the economic downturn at a time when more residents of Hawaii are seeking assistance, especially food stamps. As of last May, there were 139,816 people on food stamps throughout the state which represents an 18 percent increase in participation over the previous year. According to the Department, as of last May only 79.8 percent of food stamp applicants statewide were processed in a timely manner. That is down from 87 percent in July, 2009. The increase in untimely dispositions is particularly pronounced on the Islands of Oahu, parts of the Big Island and Maui. From October 2009 to February 2010, untimely processing of all SNAP application increased from 10.42% to 15% on Oahu, 47.28% to 52.8% on Maui, and 20.39% to 38.4% in Kona.

Plaintiffs include all Hawaii residents who applied for SNAP benefits that have filed application in Hawaii since August 8^th,2008 and have not had their applications processed within 30 days. The lawsuit requests that the federal court require the state to develop and implement a corrective action plan that will ensure that all SNAP applications are processed and SNAP benefits provided to all eligible individuals within the 30 day time frame required by federal law.

Landmark Victory in Protecting Rights of Legal Residents

2010-11-12T05:03:00.000-10:00

Federal Court Rules Claims of COFA Residents for Equal Access to Medical Care May Proceed

On November 10, the Judge J. Michael Seabright of the United States District Court for the District of Hawaii ruled that COFA residents claims against the State of Hawaii, seeking equal access to medical benefits, may proceed.

On July 1, 2010, the State of Hawaii disenrolled all COFA residents (persons present in Hawaii under the Compact of Free Association) who were not pregnant and over age 19 from Med-QUEST. Lawyers for Equal Justice filed a federal lawsuit against the state on equal protection and ADA grounds, challenging this discrimination and seeking equal access to medical benefits for all Hawaii residents.

The State filed a motion to dismiss, arguing that the COFA residents were not a protected class.. The court ruled that COFA residents are protected and the state's decision to treat them differently than residents was subject to strict scrutiny under the equal protection clause, a powerful ruling against invidious discrimination.

Denial of the Motion to Dismiss is a major step towards success in this crucial litigation to maintain equal access to basic heath care rights.

Read the entire decision here.

Lack of Hot Water For Public Housing Residents a Test for Abercrombie

2010-11-08T06:23:00.000-10:00

From the Honolulu Civil Beat
By Robert Brown 11/05/2010

Sophia Sanchez, 53, is a mother and a grandmother.

She stands in the doorway of her daughter's home at the Mayor Wright public housing complex, simultaneously propping the screen open while corralling her three grandchildren with her feet as they wobble and charge towards the sunlight. The doorway leads into a modest but cozy apartment. Pacifiers sit on the kitchen counter. Pictures and notes hang from the refrigerator door. A fourth child sleeps on the couch, cocooned with a baby-blue blanket patterned with small pink teddy bears. There's a poi dog wandering around the room, not sure yet if the children are friends or foes.

Read more here.

Judge torn on fate of nuke victims' care

2010-11-04T03:04:00.000-10:00

From Star-Advertiser: November 3, 2010, by Leila Fujimori

A group of 7,700 Pacific island migrants in Hawaii who suffer from the long-term effects of U.S. nuclear testing -- a high rate of cancer, kidney failure and sterility -- await a federal judge's ruling on a request to dismiss a class-action lawsuit that seeks to restore their medical benefits.

U.S. District Judge J. Michael Seabright said he will rule next week, but he was apparently grappling with what could be a life-or-death situation for many.

"You can see how I, myself, am struggling with this," Seabright said at a hearing yesterday on the state's motion to dismiss the suit on behalf of migrants from the Federated States of Micronesia and the republics of the Marshall Islands and Palau.

"Congress gave the states discretion to provide medical benefits to pay for this group of people," argued Deputy Attorney General John Molay. "Up until this year, we had given them benefits equal to citizens. Because of the state's fiscal situation, we can't afford it."

Islanders covered by the so-called Compact of Free Association are free to travel to the U.S. under a 1986 federal agreement.

The state receives $11.2 million yearly in federal funds to compensate for the impact that the migrants have on schools, social services and health care. But health care costs alone are estimated at $40 million a year.

Paul Alston, an attorney for the Pacific islanders, argued the state's decision to single out this group for a reduction in medical benefits is unconstitutional because it is based on an alien classification.

Seabright asked Alston whether he was saying that states really have no discretion over whether to provide benefits.

Alston said the state must provide the same benefits across the board to aliens and citizens alike.

After the hearing, Alston blamed the state for its failure to ask for more federal funding, which he said is available, and said he finds it unconscionable to place the burden of the budget shortfall on the backs of the members of this disadvantaged group.

"We also think it's illegal," said co-counsel Margery Bronster. "We're not saying, 'Let's do this because it's the nice thing to do. Do this because it's the right thing to do.'

"If the state has the opportunity to get more money, why would the state put in danger their lives and cut benefits rather than go to Washington and ask for more money?" she asked.

State Human Services Director Lillian Koller and Gov. Linda Lingle have said they made numerous requests for more federal funding, but have been unable to get it.

If Seabright decides not to dismiss the case, the state may appeal the decision to the 9th U.S. Circuit Court, and it is unknown whether the medical benefits will continue during the course of the appeal.

"Our concern is people will die," said Bronster.

The state had initially planned to drastically cut benefits, including dialysis and chemotherapy treatments. The lawsuit forced the state to come up with a new plan and a judge issued a temporary restraining order on the initial plan. In July, the state compromised with a reduced benefits package that covers those treatments.

Will Swain, president of Pa Emman Kabjere, a group of 165 Marshallese cancer and dialysis patients, said many dialysis patients simply stopped treatment on Sept. 1, 2009, after receiving a letter from the state informing them they will no longer have coverage for dialysis.

"We've already lost 27 since Sept. 1, 2009," said Swain.

The United States conducted atmospheric and underwater nuclear tests in the Marshall Islands and other Pacific sites from 1946 to 1962.

Fetu Kolio: Editorial

2010-10-31T12:19:00.000-10:00

The longtime public housing resident became politically active in an effort to restore pride and safety to the place he calls home

Honolulu Star-Advertiser, by Vicki Viotti, October 29, 2010

Fetu Kolio gets a reminder of why he committed to the job as president of his tenants association every time he turns on the faucet.

And he revels in his latest task: reminding other people about the maintenance failings at Mayor Wright Homes. The cheerless appearance of this low-income complex at the edge of Kalihi has become an emblem of the state's lax approach to upkeep of its public housing stock.

Lately, it's been the lack of hot water in about 70 percent of the project's 364 units that's put Kolio in the media spotlight. Officials say state budget cuts preclude the allotment of enough money to replace the water heating system at once, and so repairs are being staggered.

Kolio, 43, believes the problems persist through several state administrations because the real overhaul needs to happen among the managerial staff more than in Washington Place.

Various public-housing plagues -- crime, drugs, poor maintenance -- have been a constant feature of his life in this complex, where he first moved with his mother in 1985. Kolio, who works part-time as a ticket-taker and usher at Aloha Stadium when he's not babysitting his two step-grandchildren, has lived with his wife in his current apartment on Pua Lane since 2004.

Dissatisfaction with the previous association leaders drove him and a new crop of volunteers to run for office about a year ago, but Kolio's frustration with prevailing attitudes about public housing predates that move. He's expressed a newfound activism through election to the Kalihi-Palama Neighborhood Board.

And, although he gets along with the district police brass, he's found some officers less than responsive. He recalled making a police complaint about drugs in the area, and getting pushback from one of them.

"The comment was, 'Well, you like live here, this is what you gotta expect.' I said, 'What, harassed? Beaten? You expect me to get beaten?' He said, 'Eh, you like live here, that's what you gotta deal with.'

"Labeling public housing 'we're all gangs or criminals,' it's such a false statement. I'll be truthful: I'm sure that's the reality out there, because they hear so much crime and drugs and gangs. But there's a lot of us that want to change that image, that want to build a good reputation."

Question: What drove you to run for the tenants association presidency?

Answer: I just got tired of the people getting hurt, getting assaulted. And they were tenants, but being that there were language barriers -- whether they were Vietnamese, Chinese or Micronesians -- at first they couldn't identify who it was. ... So at the request of many tenants who came to me saying, "How can we do something?" that's when I made it perfectly clear. I told each of them, "This coming election, I'm going to run."

Q: How has the hot water situation been since you lived in your current apartment?

A: I'm sure when the system was built, the consistency was there. But ever since that, it never functioned as it was supposed to. I'll be honest: I was never proactive in it, it wasn't a concern. You just lived, to accept it as a norm. But you never thought, with a light bulb in your head, "Eh, I'm going to go look at my rental lease agreement and see." It was never like that ... until we met our representative. Karl Rhoads got elected in 2006, and that's when I sorta got really proactive. I started understanding to go in front of the legislators, whatever issue there was for public housing, whether it was crime and safety bills ... Karl started knocking on our doors and asking us, are there concerns we might have? A majority of the district knows Karl more than the handful of us here, because some people, they're not interested in politics, or they just don't have the knowledge. Which compared to me, I got that enthusiasm that if someone approaches me like a representative and tells me "Hey, you know, we can work on it." Then yes, I'm gonna learn. And that's when I started learning. Karl helped us with crime and safety issues, more funding for security services ... that's when I kinda like went, "Wow, that's how it works! You gotta communicate with the people that can do something."

Q: Why do you think it's been allowed to go this long?

A: To be fair, we've had a lot of administrations, different governors, different parties, and so it really puzzles me: Why has it gone this long?

Whether it's Republican or Democrat, I don't think it's that administration, I think as long as they continue having the same employees running the show. For example, if we're having the same manager for five administrations, why hasn't it reached anywhere? Because you guys are doing the same thing. You're having the same type of people who are doing nothing. And nothing means (pointing), "They won't know ... they won't know ... they won't know ... the community won't know, I'm just going to do it the way I like to do things." And I think they do a lot of things by their own discretion. It's not a priority, it's not important. They tend to think they're doing the finest job. I don't know how you can say "finest job" if we're still having "finest problems." To me I think it's still that old-boy-network thing, where "It's us, but don't worry about them, they're just low-lifes, low-income, less-educated people."

Q: Are you still active on the neighborhood board?

A: Yes. The neighborhood board is where I got to meet everybody. The good thing is, I made a lot of friends with everybody. I didn't go straight on the board. I became an audience first, for a year. I was a resident; whenever there was a portion for resident concerns, that's when I get up there. I addressed it to the fire (department), because I had fireworks issues; police, because I had a lot of gang activities, and drugs was on my street ... Whatever it was, I built a relationship with every single one of them.

A state worker told me after one meeting, "Hey, what do you do? Wouldn't you want to work for the state?" I just responded saying, "I'm just a poor man living in public housing." She said a very good comment: "You have a lot of community-type connection; you're a people kind of a guy." But I was just more concerned with learning and understanding. But today I serve on the board -- I volunteered. Hey, why not?

I have a good relationship with a (police) major, Maj. Char, he's sorta like the boss of the Kalihi station. Today he comes to my meeting here, he comes here because we still have continuous community crimes, robberies around our area, they are always seen running into our complex by witnesses. He trained me and several other tenants, the willing ones, the committed ones, for a citizens patrol. I have a Wednesday, Thursday, Friday, Saturday citizens patrol walk in here. Because as soon as 10 o'clock, it's a quiet time. Then that's when we find out if there are suspicious people on our property. I do it with the assistance of our security guards here; we all walk together. But Major, he covers the whole entire community ... he's put a task force together, plainclothes, they have been making arrests. But it's so sad. The state public housing (officials) here have not stepped up to the plate and walked with us.

Q: When did you start this neighborhood walk?

A: They trained us October 2009. There were two representatives from management at the training ... they told us they were going to be all-out supportive. Then I said, "I'm sure you can join us on our nightly walks at least once a month." They said yes. But till today, they have not come once. When something serious happens -- for example, Kalihi Valley, they just had their curfew, because they have continuous violence -- it's just a system that's so broken down, it's almost senseless to think that hope is coming soon. I'm one individual, I think myself, with the courage that I have, I think I am the hope. I'm sort of like grabbing the bull by the horn. And whether you're a bully tenant or whether you're a bully management, I'm going to say to the right people that needs to hear this. Those are the type of bullies we need to get out of my housing. I can imagine the same thing going on in other houses; I can only speak for mine. That's my whole determination.

Q: Do you feel a connection with the other communities where you've lived?

A: It's nothing like the passion I have now. Being a tenant, first of all, just having a place you can call home. That's the passion I have; it's all about giving back. There's so much problem in the community, with homelessness, single parents, the teenage foster problem. That's why I do this. ... It's only to help the systems that are broken, that are lacking. Public housing can be really a terrific place to be labeled. In reality, I think the community labels public housing as "problem people." An officer stated to me, "You guys all criminals." I've taken all my complaints to the Police Commission. I can provide all my documents, if you want to see it later.

Q: So your complaint was about the response you got, that it was hostile?

A: Yes, and in a five-year period, I made three. And I don't want to just single out the police. I just want to make sure that as an individual, I do not tolerate (that from) anybody.

Q: Do you think all the publicity about the problems will help, ultimately?

A: Most definitely. That's why I don't fear anything, because I have the passion. My passion is for the people here.

Fetu Kolio gets a reminder of why he committed to the job as president of his tenants association every time he turns on the faucet.

Kolio, 43, believes the problems persist through several state administrations because the real overhaul needs to happen among the managerial staff more than in Washington Place.

Question: What drove you to run for the tenants association presidency?

Q: How has the hot water situation been since you lived in your current apartment?

Q: Why do you think it's been allowed to go this long?

A: To be fair, we've had a lot of administrations, different governors, different parties, and so it really puzzles me: Why has it gone this long?

Q: Are you still active on the neighborhood board?

Q: When did you start this neighborhood walk?

Q: Do you feel a connection with the other communities where you've lived?

Q: So your complaint was about the response you got, that it was hostile?

A: Yes, and in a five-year period, I made three. And I don't want to just single out the police. I just want to make sure that as an individual, I do not tolerate (that from) anybody.

Q: Do you think all the publicity about the problems will help, ultimately?

A: Most definitely. That's why I don't fear anything, because I have the passion. My passion is for the people here.

Star-Advertiser: Government needs to pay up to fix hot-water system now

2010-10-27T09:01:00.000-10:00

By David Shapiro

It makes me steam to read that the tap water at Mayor Wright public housing won't.

Residents protested at the state Capitol to draw attention to their concern that 70 percent of the 364 units are without hot water, with no relief in sight for most. They waved signs that said, "Hot Water for Our Babies Please!" and "We Are Human Beings."

The Hawaii Public Housing Authority says it has only $250,000 for a Rube Goldberg fix for some of the units and would need another $600,000 from the Legislature to repair all of the 35 buildings.

Since when is hot water optional? It's disgraceful for the state to play slumlord and leave its tenants living without basic sanitation.

How long would a private landlord be allowed to deny tenants hot water before the government got in his business? How long would it take to fix a hot-water problem in the governor's mansion or the Capitol washrooms used by legislators?

This is basic maintenance that should be taken care of as a matter of course without causing tenants endless anxiety. Like sewage spills and water main breaks, lack of hot water is a public health and safety emergency that needs to be treated with urgency instead of letting it slide for months until the bureaucrats can ask the Legislature for help.

It's a dodge to say we don't have the money. Budget crunch or not, we're still among the highest-taxed states in the country, and the state is still spending $10 billion a year.

The problem isn't a lack of money. The problem is a lack of conscience among elected officials who think infrastructure maintenance is discretionary -- especially for the poor -- and public money is better spent currying political favor from the influential.

Hot water at Mayor Wright housing is hardly a big-ticket item. The $850,000 to bypass the aging solar heating system with a gas workaround -- or even the $7 million it would cost to totally overhaul the failing plumbing system that causes flooding in the units as well as a lack of hot water -- is a drop in that $10 billion bucket. Don't tell me an on-the-ball administration couldn't find emergency money somewhere.

With competent state management, it wouldn't have come to this. The 50-year-old solar heating system would have been properly maintained all along, and problems would have been dealt with as they came up instead of letting the system deteriorate to the point that it's obsolete and spare parts are no longer available.

This is inexcusable negligence that breeds contempt and cynicism about local government; if the state can't handle the easy ones, how can we ever hope for progress on the big problems that face us?

Housing Tenants Lack Hot Water

2010-10-24T17:20:00.000-10:00

From KITV: Mayor Wright Housing Residents Frustrated Over Living Conditions.

Click here to watch the video.

Star Advertiser: Housing residents plead for hot water

2010-10-24T17:18:00.001-10:00

From Star Advertiser:

Children, parents, grandmothers and grandfathers made a plea to state officials for hot water for Mayor Wright housing residents while holding signs in front of the state Capitol and Washington Place yesterday.

One sign read, "Hot Water for Our Babies Please!" while another said, "We are Human Beings."

About 70 percent of the 364 Mayor Wright units are without hot water, according to a survey taken in July by state Rep. Karl Rhoads (D, Palama-Chinatown-Downtown).

Mayor Wright resident Inaria Reppaky, 42, who has a daughter, 19, and twins, age 7, said, "They (her children) want hot water. If cold water, they cannot take shower. When we no more hot water, I cook the water."

Ene Augafa, 63, a resident since 1985, said it has been too long since he and his family have been without hot water.

Augafa, who lives at the complex with his daughter and grandchildren, ages 12 and 14, said: "You feel guilty because they're not getting what they're supposed to get. They (housing management) looking at us as second-class citizens.

"They came out with the response, 'We're working on it but don't have the money,'" he said. "Now they say, 'We get 200-something thousand dollars. It's not enough.' They only talking but they're still doing nothing.

"We still suffering," he said.

Rhoads said he recently met with the executive director of the Hawaii Public Housing Authority, who said they have $250,000 to start bypassing the aging solar water system with an on-demand tankless gas water heating system, but the agency would have to go before the Legislature for an additional $600,000 to cover all 35 buildings.

A replacement solar water heating system and an overhaul of plumbing systems would be too costly, roughly $7 million, according to the housing authority's chief planner.

Rhoads said the 50-year-old complex's solar water heating system is so old that no parts are available.

Fetu Kolio, president of Mayor Wright's tenant association, said, "I've seen every single building flood, including mine, in the past six years," he said, due to bursting of the water system.

"The majority of tenants are hoping the thing will solve itself," Kolio added.

Many are afraid to report the problems for fear of retaliation from the housing management, while for others it's "a language barrier or senior citizens," Kolio said.

Mayor Wright residents plan to protest lack of hot water

2010-10-23T06:10:00.000-10:00

From KHON:

Residents at a State housing project in Kalihi say they've been running out of hot water for years.

And they're planning to take their concerns to the streets this week.

On the flip side, State officials say they're working to replace the aging water heating systems.

Many people take for granted having hot water in their home.

But for many tenants at Mayor Wright Housing in Kalihi, hot water is a luxury that they don't always have.

"I play McKinley football and sometimes in the season I come home expecting a hot shower, to relax, relax my muscles, but when I step inside, half the time it's mostly cold water," said Dustin Siaosi, Mayor Wright resident.

On Friday, Mayor Wright residents are planning to peacefully picket in front of Washington Place and the State Capitol, hoping to draw attention to their situation, which has been ongoing for years.

"Even our senior citizens, they complain about it a lot," said Marleen Lafaele, Mayor Wright resident.

Hawaii Public Housing Authority Executive Director Denise Wise, who's been on the job for only six months, says they're moving as quickly as they can with the resources they have.

"Is there a plan? Yes. Did it happen as quick as I would like it to? No. Should people always be without hot water? No, I don't believe they should," said Wise.

The problem has to do with these solar water heating systems.

There are 80 hot water tanks for the 35 buildings in the complex.

In 2002, the State replaced 50 of the tanks.

But over the past several years, the remaining 30 tanks started failing.

"What we did was a bypass. So what that meant, so if a building had been serviced by two it was now being serviced by one system," said Wise.

Each tank can hold between 300 to 900 gallons of water.

"What further exacerbated the problem, is we're already on a reduced capacity unfortunately we do have people who are in the units not on the lease," said Wise.

Which results in many of the tenants running out of hot water faster than they should.

Wise says for now, the plan is to replace the aging tanks with tankless heaters that use gas instead of solar.

"We've replaced about five systems to date. It costs about $14,000 to replace a system," said Wise.

It can't come soon enough for residents who've had to night after night, take a shower in cold water.

Wise says right now they only have about $250,000 for the new systems.

And they plan to ask the legislature for $600,000 in additional funding to replace all of the water heating systems at Mayor Wright.

Food stamp eligibility expands

2010-09-23T08:36:00.000-10:00

from the Honolulu Star-Advertiser
by Mary Vorsino

About 22,000 more Hawaii residents will be eligible for food stamps starting next month, when the state changes the income cut off for the benefits to up to 200 percent of the federal poverty level -- the maximum allowed for the program.

FOOD STAMP MONTHLY PARTICIPATION

August 2010: 145,534
June 2009: 120,193
FY2009 (average): 114,599
FY2008: 96,551
FY2007: 89,629
Source: U.S. Department of Agriculture

FOOD STAMPS PROGRAM

Households participating in food stamp program (FY2009): 57,857
Increase in food stamp use from June 2009 to August 2010: 21 percent
Average monthly benefit per person: $217
Total annual food stamp benefits for Hawaii in FY2009: $274 million
Source: U.S. Department of Agriculture

HOW TO APPLY

Starting Oct. 1, the state will expand eligibility for food stamps to those earning up to 200 percent of the poverty level. Right now, eligibility is capped at 130 percent of the poverty level.
For more information or to apply for benefits, call the Department of Human Services at 643-1643.

The change will further boost participation in a program that has seen skyrocketing growth in recent years and now serves more than 10 percent of the state's population.

Under the changes, a family of four could earn up to $50,736 a year and still qualify for food stamps, formally known as the Supplemental Nutrition Assistance Program. Now, food stamp recipients can earn up to 130 percent of the poverty level (or $32,976 for a family of four).

"This will put food on the table for hungry families," Lillian Koller, director of the state Department of Human Services, said at a news conference yesterday. "It will also stimulate our troubled economy."

Increasing the eligibility level will bring an additional $60 million in federal food stamp dollars to the state. In fiscal year 2009, the program brought in about $273 million.

Expansion of the program, designed to help more families grappling with layoffs and pay cuts, comes as the state already has seen big growth in food stamp usage in the economic downturn.

The number of individuals on food stamps statewide is up 62 percent from 2007, to more than 145,534.

Advocates applauded the eligibility expansion yesterday, saying it would help the "gap group" families who are often overlooked by other benefits programs.

"We're happy this is finally coming into play," said Debbie Shimizu, executive director of the National Association of Social Workers-Hawaii chapter. "It's a good thing."

The Hawaii Foodbank also supported the expansion, but President Dick Grimm said he didn't think it would mean less demand at free-food pantries.

Many people who get food stamps also turn to food pantries when their benefits run out near the end of the month.

The Hawaii Foodbank distributed 11.3 million pounds of food in the fiscal year that ended in June 2010. That's up 1.2 million pounds from the previous year.

"We don't expect to see any lessening of demand" any time soon, he said. "As fast as it comes in, it goes out."

The expansion of eligible recipients comes as the Department of Human Services struggles to tackle backlogs, and there are questions about how the department's offices will be able to handle a wave of new applications.

About 80 percent of food stamp applications are processed in a timely manner -- or within at least 30 days for regular applications or seven days in emergency cases.

That's down from 90 percent before the economic downturn and 87 percent in July 2009.

Federal guidelines mandate a 95 percent timeliness rate.

Despite the backlog, Koller said yesterday she doesn't believe timeliness will worsen further when eligibility is expanded.

She said the department is working to speed up processing in its food stamp offices through a streamlining initiative that includes conducting eligibility interviews over the phone, doing away with assets tests for applicants and putting employees in teams to tackle workloads assembly-line style.

Last month, Department of Human Services workers, including those who process food stamps, expressed anger at a legislative briefing over growing caseloads and backlogs at the department.

Linda Tsark, statewide administrator for food stamps, said at the briefing she felt like she was being "worked to death."

Yesterday, Tsark said the income eligibility change will spur a "surge of applications. No doubt about it."

But she also said that the change was needed. "It should be a tremendous help to families," she said, adding that efforts to streamline processing are helping make dents in backlogs.

Allen Ng, western regional administrator for the U.S. Department of Agriculture's Food and Nutrition Service, which funds the food stamp program, said many states are struggling to improve timeliness as they see increases in applications.

Meanwhile, about 25 states have increased eligibility to the maximum income level allowed, he said.

Original available here.

LEJ seeks preliminary injunction to protect Micronesians

2010-09-19T09:31:00.000-10:00

LEJ has filed a motion requesting the federal court to issue a preliminary injunction against the State of Hawaii to prevent discrimination against COFA residents in the provision of health care on the basis of alienage.

Click here to learn more about this important litigation.

Workers say cuts hurt poor: Services employees warn legislators about growing backlogs

2010-09-02T16:47:00.000-10:00

From Honolulu Star-Advertiser

By Mary Vorsino

State workers who process applications for government benefits say layoffs and furloughs have spurred bigger caseloads and growing backlogs, lengthening the amount of time it takes for low-income residents to get needed services.

At a legislative hearing yesterday, several Department of Human Services employees told lawmakers that something needs to be done - and soon - to avoid lawsuits, improve timeliness and boost morale among workers who say they are coming in to work for free on furlough days and weekends to tackle mountains of work.

"I am not only tired. I am exhausted," said Linda Tsark, statewide administrator for the Supplemental Nutrition Assistance Program, also known as food stamps. "I feel like I am being worked to death."

The department cut 235 jobs in September to meet budget restrictions. Workers have also taken two furlough days a month, like other state employees, at a time when residents are seeking government benefits.

The department could not immediately provide figures on its caseloads or backlogs, but says backlogs predate layoffs and that timeliness for processing food stamp applications worsened statewide by 88 percent from 2008 to 2009 (before the layoffs).

But the Hawaii Government Employees Association said timeliness has further declined since the layoffs and that caseloads are now unmanageable.

Eligibility workers say they are now tackling upward of 500 cases, up from 200 to 250 last year.

Nora Nomura, HGEA deputy executive director, said the backlogs persist though many vacancies are funded but go unfilled.

In a statement to the

Star-Advertiser yesterday afternoon, department Director Lillian Koller said work is being done to address backlogs, including looking at models from other states.

"The Hawaii Government Employees Association and certain legislators would have us spend more taxpayer dollars to prop up an antiquated and labor-intensive system. That is not the answer," she said. "Instead, the Department of Human Services is following the lead of New Mexico, which won national acclaim for turning around its public benefits delivery system in the midst of low staffing levels and mounting caseloads."

But workers say more needs to be done in the short term to address critical needs. They called on the department yesterday to hire more workers, end furlough days for the department and decrease the number of hours offices are open to the public so employees can deal with backlogged applications.

The concerns come as more residents are seeking state assistance, especially food stamps, amid the economic downturn and as the number of people applying for food stamps is expected to further grow next month, when the income eligibility limit for the program grows from 185 to 200 percent of the federal poverty level.

In May there were 139,816 people statewide on food stamps, up 18 percent from the year before.

Tsark, the food stamp administrator, said 79.8 percent of food stamp applications statewide are "timely," which means they are processed within 30 days, or seven days for emergency assistance. That is down from 87 percent in July 2009. Federal guidelines require a 95 percent timeliness rate.

About 25 eligibility workers and union members came out for the Human Services Committee hearing yesterday.

State Rep. John Mizuno, committee chairman, said the big backlogs and caseloads were "unconscionable."

State Social Workers Can’t Keep Up

2010-08-31T04:12:00.000-10:00

From KHON: Channel 2, by Andrew Pereira

State social workers say staffing shortages have made working conditions unbearable and could jeopardize the health and safety of needy island residents.

About a half dozen Department of Human Services employees testified in front of Human Services Chairman Rep. John Mizuno Monday, decrying current working conditions an unbearable.

“The eligibility units on the Big Island, at least in West Hawaii, have reached a point of total desperation,” said Mary Crispi, who works within the Benefit, Employment & Support Services Division of DHS. “There are days when I sit at my desk and cry because I can't help people.”

From medical benefits to food stamps to Child Welfare Services, social workers say clients are not getting the resources they need because there simply aren’t enough employees to process applications. They say caseloads have more than doubled since the state laid off 235 DHS employees last year to help balance the budget.

“My caseload right now is over six hundred,” said Joyce Afalla, a Benefit, Employment & Support Services Division worker on Maui. “People are getting short tempered and short on patience with us and with good reason.”

Under federal guidelines 95 percent of food stamp applicants are required to start receiving benefits within 30 days of submitting the required forms. As of January Hawaii’s timeliness level dropped to 80 percent, which could result in the state being penalized millions of dollars federal funds.

Although no DHS official testified at Monday’s hearing Director Lillian Koller wrote a letter to union officials in March, saying timeliness levels were already dropping prior to state mandated layoffs.

“Maui’s performance, hovering in the mid-80 percent range October 2007 to September 2008, began dropping precipitously well before the August 2009 RIF,” (Reduction in Force),” Koller wrote.

The DHS director stated the creation of two eligibility processing centers in Honolulu and Hilo would have helped address the growing backlog of cases, since most of the work would be done via phone or computer.

However lawmakers blocked the so-called EPOD plan from moving forward since thirty-one welfare assistance offices across the state would have shut down, resulting in an additional 230 DHS workers losing their jobs.

During Monday’s hearing food stamp program administrator Linda Tsark said modernizing certain data systems within DHS would help with caseload management, but she stopped short of endorsing the EPOD proposal.

“There were many, many problems with the concept,” said Tsark. “Most notably the lack of planning, no staff involvement and the fact that one shoe cannot fit all with such a diverse client population.”

Victor Geminiani, the executive director of Lawyers for Equal Justice, said his organization was prepared to file a lawsuit against the state if food stamps and other benefits were not offered to clients within federal timeliness guidelines.

“We are prepared and ready to litigate this issue in federal court if required,” said Geminiani. “Bottom line is courts will intervene if the system can't be corrected.”

Rep. John Mizuno, the chairman of the Human Services Committee, said the state could avoid litigation if it began filling positions within DHS that have gone vacant but are still funded by the state budget. He also called on the governor to restore furlough days at DHS.

“If you can do those two things I think we can avert a lawsuit and perhaps we can certainly get those essential services to our needy.”

Recently DHS sent a team of administrators to New Mexico to investigate how that state is handling its backlog of social services cases.

DHS spokeswoman Toni Schwartz said Hawaii hopes to implement similar strategies here at home.

“They don't assign cases to individuals,” Schwartz said of New Mexico’s Human Services Department. “They turned it into an assembly line using teams of people who handle specific parts of the cases. Basically, they were doing the EPOD.”

More Press Clippings, August 24, 2010

2010-08-24T11:38:00.000-10:00

Lawsuit: State Discriminates in Care for Micronesians
Honolulu Civil Beat
by Sara Lin

New cuts to medical benefits for low-income residents based on nationality amount to discrimination, according to a federal class action lawsuit filed Monday against the state of Hawaii on behalf of disabled Micronesians.

Roughly 7,500 Micronesians live in Hawaii as legal residents and depend on the Hawaii Department of Human Services for medical benefits. Significant changes to their health-care plan went into effect in July — including limiting coverage to 12 doctors' visits per year and four prescription medications.

"We've very sensitive and empathetic to the financial situation we all find ourselves in — our state and country. We just don't think that denying critical health care to the most marginalized people in our society is a good way to start solving these problems," said Victor Geminiani, executive director for the nonprofit Lawyers for Equal Justice, which filed the suit along with firms Alston Hunt Floyd & Ing and Bronster Hoshibata.

At issue is the state Department of Human Services' new "Basic Health Hawaii" program, a health insurance program established to cover legal aliens who have lived in the U.S. for less than five years. The program also covers Hawaii residents from Pacific nations that have entered treaties with the U.S. that grant them the same privileges given to U.S. residents — including health care.

Last year, the state attempted to cut benefits to COFA residents entirely. Lawyers filed suit and won an injunction on procedural grounds, showing that the state made changes without giving the public adequate notice or holding the necessary public hearings. A federal judge also temporarily struck down the department's attempt to deny benefits.

The state's new plan no longer eliminates benefits but instead reduces them. Monday's suit challenges the substance of the plan changes.

Basic Health Hawaii causing complications

The Hawaii Independent

HONOLULU— A State health care program put forward by the Department of Human Services (DHS) is the catalyst for a federal lawsuit filed by a group of low-income Hawaii residents. The plaintiffs say that the program called Basic Health Hawaii cuts benefits they had previously received and will have dire consequences to their health.

Since 1997, the State of Hawaii has been providing health coverage to non-immigrant legal residents living in Hawaii under Compacts of Free Association (COFA) treaties, which grant free entry into the United States to citizens of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. In the past, COFA residents were enrolled in State-funded programs in which they received the same benefits that DHS provided to U.S. citizens in Hawaii. Those benefits included dialysis, cancer treatments, long-term care, and prescription drugs.

The State first attempted to cut benefits to COFA residents entirely in 2009. After a lawsuit, U.S. District Court Judge J. Michael Seabright issued a temporary order barring DHS from implementing the program. In response, DHS adopted Basic Health Hawaii, which does not entirely cut benefits, but reduces them.

Plaintiffs in this latest lawsuit hope to force the State to reinstate medical services that were cut. The suit claims DHS has illegally discriminated against the residents by drastically cutting their medical benefits based on the plaintiffs’ status as legal residents from other countries.

“I am disappointed that Hawaii would adopt laws that so blatantly discriminate against Micronesians and immigrants.” said Catherine Leilani Aubuchon, an attorney with Bronster Hoshibata, who is from the Federated States of Micronesia.

After the federal ruling that prevented the State from entirely cutting benefits to COFA residents last year, the State proposed rule changes that would limit current State-funded medical assistance through QUEST, QUEST Expanded Access, QUEST-Net, QUEST-ACE, fee-for-service, and SHOTT programs to citizens of a COFA nation who are under 19 years of age, or are pregnant, or for emergency services. All other citizens of COFA nations have to rely on Basic Health Hawaii, which the plaintiffs say is inadequate.

Basic Health Hawaii covers up to 12 outpatient doctor visits, 10 hospital days, six mental health visits, and five generic prescription drugs a month. However, the services do not cover preventive care such as regular dialysis and chemotherapy treatments. The governor said earlier this year that Basic Health Hawaii, offered to 7,000 Micronesians, will save the state $15 million.

At a DHS hearing in January, testifiers with life-threatening diseases said they would likely die without access to QUEST.

“During the past 8 years, we have seen many examples of federal intervention due to the Lingle Administration’s disregard of the rights of the weak, the poor, and disabled,” said attorney Paul Alston. “This is another shameful example of this administration’s callousness and lack of regard for the law.”

The new suit asserts that DHS’s program is constitutionally impermissible because it is inconsistent with federal policy and encroaches on exclusive federal power. Finally, the suit claims that DHS’s policy violates the “integration mandate” of the Americans with Disabilities Act, which prohibits a government entity from forcing persons to go into an isolated institutional setting in order to obtain essential medical services.

Plaintiffs include legal immigrants who have been U.S. residents for less than five years and non-immigrant legal residents living in Hawaii under COFA treaties. Representing the plaintiffs are attorneys from the non-profit organization Lawyers for Equal Justice and the firms of Alston Hunt Floyd & Ing and Bronster Hoshibata.

“Our state owes much of what we are today to the contributions that legal immigrants like members of the COFA nations have made to our economy, our culture, and our values,” said Victor Geminiani, Executive Director of Lawyers for Equal Justice. “It is a tragedy that the governor has now chosen to severely ration life-sustaining health care by targeting the most vulnerable population among us.”

COFA treaties have established special relationships between the U.S. and the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau. For example, under COFA, the United States is allowed conduct military operations in the COFA nations, while citizens of those nations are allowed to “enter into, lawfully engage in occupations, and establish residence as … non-immigrant[s] in the United States and its territories and possessions.”

The plaintiffs in the new lawsuit say that Basic Health Hawaii coverage is not adequate for disabled or very ill persons because some patients will use a large portion of their allotted 12 doctor visits simply to get diagnosed, and that most disabled individuals often need to visit the doctor more frequently, may need more prescription medications than allotted, and need access to medical devices.

“These [disabled COFA residents] cannot live with 12 visits and four drugs, and they don’t get other services like transportation to the doctor,” said Dr. Ritabelle Fernandes, a physician at the Kokua Kalihi Valley community health center who treats a number of disabled COFA residents.

“The State of Hawaii may not discriminate on the basis of national origin,” said Margery S. Bronster, of Bronster Hoshibata and a former Attorney General for the State of Hawaii. “Once the U.S. government allowed COFA residents free access to the U.S., no state could limit those rights.”

Press Clippings, August 24, 2010

2010-08-24T06:18:00.001-10:00

Suit seeks restored health benefits for Pacific Migrants
Honolulu Star-Advertiser
by Gene Park

Dialysis patient Manuel Sound needs 11 prescriptions for medication. Each month, he's able to fill four.

He's grateful that he's allowed dialysis care under the recent Basic Health Hawaii plan, a state-funded plan that has been reduced after a compromise with the community it is targeted for: Compact of Free Association migrants. But it still limits his care.

"I need medication for high blood pressure. I need medication for cholesterol. I need medication for diabetes," said the 70-year-old Kalihi resident, who moved to Hawaii from Chuuk eight years ago. "I have to talk to my doctor about cutting down on the medication, because sooner or later I won't be able to afford it anymore."

A class-action federal lawsuit was filed yesterday in an attempt to restore health benefits to Sound and about 7,500 Pacific island migrants in Hawaii.

Basic Health Hawaii, which went into effect in July, is a reduced benefits package created mostly for Compact of Free Association migrants. Residents of the Federated States of Micronesia, Republic of Marshall Islands and Palau can travel freely in the U.S. due to a 1986 federal agreement. In turn, the island nations gave the U.S. strategic military rights.

The state had initial plans for bigger cuts to benefits, including not covering lifesaving dialysis and chemotherapy treatments. A federal lawsuit from the migrant community, of which Sound was a main plaintiff, forced the state back to the drawing board.

BASIC HEALTH HAWAII

The Basic Health Hawaii plan, administered by AlohaCare, Hawaii Medical Service Association and Kaiser Permanente, offers four medications a month, including brand-name chemotherapy drugs, and provides the following annually:

» Twelve outpatient doctor visits
» Ten hospital days
» Six mental health visits
» Three procedures
» Emergency dental and medical care, including kidney dialysis

A federal judge issued a temporary restraining order on the state's previous plan. Chemotherapy is now provided as part of the drug benefits in the current plan, while dialysis will be covered as a federally funded emergency service.

THE CRUX of the new lawsuit's argument questions the constitutionality of providing inferior benefits due to immigrant status and duration of U.S. residency. The suit also alleges a violation of the American with Disabilities Act in that it forces migrants with disabilities to seek care in a hospital setting. It was filed by Lawyers for Equal Justice and firms Alston Hunt Floyd & Ing and Bronster Hoshibata.

"The state of Hawaii may not discriminate on the basis of national origin," said Margery Bronster, a partner with Bronster Hoshibata and former state attorney general. "Once the U.S. government allowed COFA residents free access to the U.S., no state could limit those rights."

State human services officials had not seen the lawsuit as of yesterday afternoon. Department of Human Services spokeswoman Toni Schwartz said officials will read the complaint before issuing any statements.

Under the Compact of Free Association, Hawaii, Guam, the Commonwealth of the Northern Mariana Islands and American Samoa share $30 million in funding to alleviate the burden the migrants may place on health, educational, social or public-sector services.

Guam has the largest share of the pot, with $16.8 million. Hawaii has $11.2 million, all dedicated to "supplement state funds to support indigent health care," according to the U.S. Office of Insular Affairs.

That is not enough for the state, which spends up to $50 million a year on medical assistance for migrants, said state Human Services Director Lillian Koller during a July interview with the Star-Advertiser, after the plan went into effect. The state spends about $130 million a year on total public services to migrants.

"There was no serious effort made to try to help Hawaii deal with this burden for so many years," Koller said. "The little bit we get now doesn't even come close to what the costs are. It shows a real lack of political will."

Without the reduced benefits plan, which would save the state up to $15 million a year, layoffs and program cuts could occur, Koller said. The benefits should be funded in full by the federal government, she said.

"We are doing the best we can. We do care about all people who live here," Koller said, "but we have not been able to garner the help we need to offer what these people deserve."

Koller and Gov. Linda Lingle have made numerous requests for more funding, to the U.S. Department of Homeland Security and U.S. Sens. Daniel Inouye and Daniel Akaka.

"Many of these migrants arrive with health conditions that require costly and extensive treatment," Lingle wrote in a letter to Homeland Security Secretary Janet Napolitano in February. "They also arrive without adequate financial resources and without enough education or training to help them in obtaining employment. ... The compact clearly provides that 'it is not the intent of Congress to cause any adverse consequences for an affected jurisdiction.'"

Hawaii's congressional delegation did gain the potential to bring in a so-called disproportionate- share allowance to local hospitals. The allowance is $2.5 million per quarter through December 2011.

"They have secured some significant federal resources to pay for uncompensated care provided in Hawaii hospitals that could be used to provide services for compact migrants," said Inouye's spokesman, Peter Boylan. "However, the state needs to release the necessary matching resources."

STATE OF HAWAII SUED TO RESTORE CRITICAL MEDICAL SERVICES

2010-08-23T11:25:00.000-10:00

PRESS RELEASE PRESS RELEASE PRESS RELEASE

For Immediate Release

Federal Class Action Lawsuit Filed on Behalf of Disabled Micronesians to Require State to Provide Life-Sustaining Services

Suit Follows Federal Court Order Halting State’s Previous Plan to Cut Benefits

Honolulu, Aug. 23, 2010 – Today a class of low-income Hawaii residents filed a federal lawsuit against the Hawaii Department of Human Services in an attempt to force the state to reinstate necessary medical services. The suit claims DHS has illegally discriminated against the residents by drastically cutting their medical benefits based on the plaintiffs’ status as legal residents from other countries.

The suit comes approximately one year after a federal judge temporarily struck down DHS’s previous effort to deny medical benefits to a similar class of Hawaii residents. The new suit targets DHS’s new strategy -- to severely cut but not eliminate benefits to certain residents based on national origin.

“During the past 8 years, we have seen many examples of federal intervention due to the Lingle Administration’s disregard of the rights of the weak, the poor and disabled,” said Paul Alston of Alston Hunt Floyd & Ing. “This is another shameful example of this administration's callousness and lack of regard for the law.”

Plaintiffs include legal immigrants who have been U.S. residents for less than five years and non-immigrant legal residents living in Hawaii under so-called COFA treaties, which grant free entry into the United States to citizens of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. Representing the plaintiffs are attorneys from the non-profit organization Lawyers for Equal Justice, and the firms of Alston Hunt Floyd & Ing and Bronster Hoshibata.

"Our state owes much of what we are today to the contributions that legal immigrants like members of the COFA nations have made to our economy, our culture, and our values,” said Victor Geminiani, Executive Director of Lawyers for Equal Justice. “It is a tragedy that the Governor has now chosen to severely ration life-sustaining health care by targeting the most vulnerable population among us.”

The focus of the suit is DHS’s Basic Health Hawai’i program, or BHH, a Hawaii health insurance program established to cover legal aliens living in the United States for less than five years, as well as Hawaii residents from Pacific nations that have entered a series of treaties with the United States. Known as Compacts of Free Association, or COFA, the treaties establish special relationships between the U.S. and the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau. For example, under COFA, the United States is allowed conduct military operations in the COFA nations, while citizens of those nations are allowed to “enter into, lawfully engage in occupations, and establish residence as … non-immigrant[s] in the United States and its territories and possessions.”

“The State of Hawaii may not discriminate on the basis of national origin,” said Margery S. Bronster, name partner of Bronster Hoshibata and a former Attorney General for the State of Hawaii. “Once the U.S. government allowed COFA residents free access to the U.S., no state could limit those rights.”

The suit also asserts that DHS’s program is constitutionally impermissible because it is inconsistent with federal policy and encroaches on exclusive federal power. Finally, the suit claims that DHS’s policy violates the “integration mandate” of the Americans with Disabilities Act, which prohibits a government entity from forcing persons to go into an isolated institutional setting in order to obtain essential medical services.

HAWAII IMPROVES MEDICAL PLAN FOR MIGRANTS

2010-06-17T06:58:00.000-10:00

State finds way to cover emergency dialysis

Radio Australia

MELBOURNE, Australia (Radio Australia, June 16, 2010) – A lengthy legal battle to secure the right to healthcare for Pacific Islanders living in the U.S. state of Hawaii has resulted in a new, revised plan for low income migrants.

For months Hawaii had been trying to transfer immigrants from Palau, the Federated States of Micronesia and Marshall Islands to a less comprehensive insurance plan.

That would have meant many would have lost access to vital treatment like dialysis and chemotherapy.

Elizabeth Dunne, lawyer and a former Senior Staff Attorney with Lawyers for Equal Justice in Honolulu says the new plan is an improvement but still falls short of constituting comprehensive health coverage.

"The new program does provide some additional benefits, primarily dialysis, which is actually not provided on the new program but as an emergency service," she said. "The state had not found a way to cover that before and has now come up with a way that dialysis patients can receive dialysis at dialysis centres so we're very pleased with that result but we still have a number of concerns regarding the new program."

Those concerns include a lack of cover for some dialysis drugs and restrictions on the number of chemotherapy treatments.

Honolulu Advertiser Opinion: Treatment of COFA residents intolerable

2010-03-09T12:09:00.000-10:00

DHS official shows lack of empathy for those who need help

By Blaine Rogers and Elizabeth Dunne

Sometimes bad times bring out the best in people; sometimes, the worst. Unfortunately, the leadership of the Hawai'i Department of Human Services falls squarely is in the second category when it says people covered by the Compacts of Free Association between the U.S. and Palau, the Republic of the Marshall Islands and the Federated States of Micronesia are unwelcome in Hawai'i.

DHS' insensitive and inflammatory rhetoric with respect to COFA residents offers a glimpse into the flawed decision-making process of a troubled agency and belies DHS' stated mission of "empowering those who are the most vulnerable in our state to expand their capacity for self-sufficiency, self-determination, independence, healthy choices, quality of life and personal dignity."

On Feb. 4, DHS Director Lillian Koller testified before the House Committee on Human Services and House Committee on Health, in opposition to House Bill 2467, which would have — before getting stuck in the House Finance Committee — required DHS to cover dialysis and cancer treatments and more prescription drugs for COFA residents. Quoting from the Compact, Koller testified that "any alien who has been admitted under the Compact or the Compact, as amended, who cannot show that he or she has sufficient means of support in the United States, is deportable." She went on to say: "Individuals on any type of public assistance, including Hawai'i's state-only funded medical assistance for COFAs, do not have sufficient means of support."

Koller's efforts to silence this already marginalized population with the threat of deportation — which is, incidentally, an exclusive power of the federal government — is intolerable. Fraught with troubling anti-immigrant overtones, Koller's statement evinces a pronounced detachment from the difficulties faced not only by COFA residents, but also by Hawai'i residents generally.

Let's take a look at how we got here.

In June, facing budget shortfalls, DHS initiated a clandestine and illegal effort to halt health-care benefits to many COFA residents. In August, DHS escalated its campaign, announcing new rules that slashed the health care benefits provided to COFA residents already in Hawai'i. Among other things, DHS moved to eliminate coverage for life-saving treatments such as chemotherapy and dialysis and to withhold lifesaving prescription drugs. DHS gave notice of this change mere weeks before it was to be implemented, in English only, and with little to no guidance for health care providers. In short, DHS's haphazard efforts at cost-cutting led to panic in the COFA and medical communities and created a life-threatening situation.

Unfortunately for DHS, the rule of law prevailed, as the U. S. District Court issued a temporary restraining order restoring benefits to their previous levels because DHS was violating recipients' constitutional due-process rights. Their plan in shambles, DHS had no choice but to comply with Hawai'i law and initiated administrative rule-making on their proposed cuts. DHS issued draft rules on Dec. 24, and held public hearings on Jan. 25 and 26. Community leaders helped mobilize more than 100 COFA residents to testify. Final rules are expected soon.

While the level of public benefits available to needy Hawai'i residents in these difficult times is an open issue, the way in which we talk about these individuals should not be uncivilized. Callously referring to them in public testimony as deportable commodities that should be grateful for their mere continued presence in Hawai'i de-humanizes these individuals, diminishes public discourse on a complex subject and evinces a shocking lack of sensitivity on the part of DHS. Koller should know better.

DHS' Web site contains an article that quotes Koller as saying that "it is not good enough to just live life for yourself." We hope that Koller will heed her own words, and the mission of her agency, when considering the plight of Hawai'i's COFA residents.

Blaine Rogers of Alston Hunt Floyd & Ing and Elizabeth Dunne of Lawyers for Equal Justice represented COFA residents in their successful lawsuits against the DHS. They wrote this commentary for The Advertiser.

Two Articles on Proposed Settlement of Westlake Case

2010-02-23T05:58:00.001-10:00

Honolulu Advertiser, February 23, 2010

City raises tenant utility allowances
Westlake residents sued, saying officials overcharged them

Honolulu officials have increased utility allowances for a group of low-income residents at a federally subsidized Salt Lake housing complex following a class-action lawsuit, lawyers for the tenants said yesterday.

Tenants at the 95-unit Westlake Apartments complex alleged that they were overcharged hundreds of thousands of dollars because the city repeatedly failed to readjust their federally mandated utility allowances.

After tenants filed their lawsuit in 2008, city officials increased utility allowances from $40 per month to $85 per month, "effectively conceding the prospective injunctive relief plaintiffs were seeking," lawyers representing the tenants said in a statement. "A final resolution has been reached for back award, providing approximately $500 to each tenant who lived at the complex over the relevant period."

City officials could not immediately be reached for comment.

"The increase of $45 in October of 2008 made a big difference for our clients," said Victor Geminiani, executive director of Lawyers for Equal Justice. "When you are on a fixed income of $400 a month, it's surprising how far $45 (goes) toward buying groceries to feed the family, gas to get to work and new clothing for your children.

"The city acted responsibly in quickly acknowledging the problem, raising the utility allowance and compensating the tenants for past harm," said William Durham of Lawyers for Equal Justice. "We are pleased with the outcome and that Westlake is now functioning as federal law intends."

The lawsuit accused city officials of failing for more than a decade to adjust federally required "utility allowances" while deceptively certifying to the federal government each year that the utility allowances had been properly calculated.

A notice of settlement of the lawsuit has been issued by the court, and a final fairness hearing must be held before the case is officially completed, the lawyers for the tenants said.

KITV, Feb. 22, 2010

City Must Pay Tenants For Utility Overcharges
Public Housing Clients Get Lower Bills, Up To $500 After Lawsuit

HONOLULU -- Residents of a city housing project will be getting money back from the City and County of Honolulu because they were overcharged for utilities.

Attorneys for tenants of the Westlake Apartments in Salt Lake said Monday the city agreed to a class-action settlement of a lawsuit filed two years ago.

They said the city violated federal housing law by raising utility rates on the low-income city housing units. The federal law limited how much of the rate increase could be passed on to housing residents.

Attorneys Victor Geminiani and William Durham of Lawyers for Equal Justice said that after filing their suit, the city immediately reduced the tenants' utility bills. They say as part of the settlement, the city has also agreed to pay up to $500 to each resident who lived in the complex from 2003 to 2009. The exact payment for each tenant will depend on how many months and which years they lived there.

It's not clear yet how many current and former residents are eligible.

PRESS RELEASE: CLASS ACTION LAWSUIT RESOLVED: CITY AGREES TO PROVIDE APPROPRIATE UTILITY SUBSIDY TO LOW-INCOME TENANTS

2010-02-16T15:00:00.000-10:00

FOR IMMEDIATE RELEASE
February 16, 2010

Contact: Victor Geminiani, (808) 227-3845
William Durham, (808) 779-1744

HONOLULU – A class action lawsuit filed against the City and County of Honolulu (“City”) by attorneys for a group of low-income residents at the federally subsidized Westlake Apartments housing project has been provisionally resolved. The lawsuit, filed June 12, 2008, charged City officials with failing for over a decade to adjust federally mandated “utility allowances” while deceptively certifying to the federal government each year that the utility allowances had been properly calculated.

Under federal law, when owners of HUD projects like Westlake calculate rents, they must include a monthly allowance that offsets the tenants’ utility costs. Whenever utility rates increase by more than 10%, HUD guidelines require owners to recalculate this allowance to ensure that the tenants, who are all low-income persons on the verge of homelessness, can afford to make their monthly payments. Despite the skyrocketing costs of utilities, the City had failed to recalculate the tenants’ utility allowance for over ten years – causing the tenants to overpay every month. In October of 2008, shortly after the lawsuit was filed, the City increased utility allowances at the project from $40.00 per month, to $85.00 per month, effectively conceding the prospective injunctive relief Plaintiffs were seeking. A final resolution has been reached for back award, providing approximately $500.00 to each tenant who lived at the complex over the relevant period.

“The increase of $45.00 in October of 2008 made a big difference for our clients,” said Victor Geminiani, Executive Director of Lawyers for Equal Justice. “When you are on a fixed income of $400 a month, it’s surprising how far $45.00 towards buying groceries to feed the family, gas to get to work, and new clothing for your children.”

“The City acted responsibly in quickly acknowledging the problem, raising the utility allowance, and compensating the tenants for past harm,” said William Durham of Lawyers for Equal Justice. “We are pleased with the outcome and that Westlake is now functioning as federal law intends.”

A Notice of Settlement of Class Action, attached, has been issued by the Court and a final fairness hearing must be held before the case is officially completed.

Lawyers for Equal Justice (“LEJ”) is a nonprofit, 501(c)(3) law firm that was created to advocate on behalf of low income individuals and families in Hawai`i on civil legal issues of statewide importance and to complement the assistance provided by existing legal services providers in the state. LEJ’s core mission is to help its clients gain access to the resources, services and fair treatment that they need to realize their opportunities for self achievement and economic security.

Alston Hunt Floyd & Ing, one of Hawai‘i’s largest law firms, represents clients in resolving disputes in federal and state court and other dispute resolution forums.

CLICK ON LINKS BELOW FOR ALL MAJOR FILINGS IN THIS CASE:

Complaint, filed June 12, 2008

Answer, filed July 24, 2008

Motion for Class Certification, filed Sept. 5, 2008

Plaintiffs' Motion to Compel Discovery, filed October 1, 2008

Order Granting Plaintiffs' Motion to Compel Discovery, filed October 24, 2008

Order Granting Class Certification, filed October 30, 2008

Stipulated Order re: Class Notice, filed February 2, 2009.

Defendant's Motion to File Third Party Complaint against Hawaiian Properties, filed May 15, 2009

Plaintiffs' Opposition to Motion to File Third Party Complaint, filed June 4, 2009

Defendant's Reply in Support of Motion to File Third Party Complaint, filed June 10, 2009

City's Third Party Complaint Against Hawaiian Properties, filed June 29, 2009.

Third-Party Defendant's Motion for Approval of Settlement and Memo in Support, filed December 22, 2009.

Order Granting Third Party Defendant's Motion for Approval of Settlement, filed January 29, 2010.

Notice of Settlement of Class Action, February 4, 2010.

Motions for Attorney's Fees (AHFI) and (LEJ), February 12, 2010.

Settlement Reached in Utility Allowance Case

2010-02-11T02:54:00.000-10:00

Settlement has been reached in the case of Blake v. City and County of Honolulu. Tenants at Westlake housing project sued the City for years of rental overcharges due to an improperly calculated utility allowance. The U.S. District Court for the District of Hawai'i recently approved the proposed settlement of $500.00 per tenant (for tenants who remained at the project throughout the relevant period). Notice of the Settlement is available here.

A final fairness hearing is set for March 19, 2010 before the Honorable Judge Leslie Kobayashi.

The case was litigated by LEJ staff and Paul Alston and Jason Kim of the law firm of Alston, Hunt, Floyd & Ing.

Radio Interviews Feature LEJ Staff

2010-01-05T03:08:00.000-10:00

Good radio articles from December 2009 on the medical access for residents in Hawaii present under the Compact of Free Association.

Radio Australia interviews Victor Geminiani, Director of LEJ.

Hawaii Public Radio interviews Elizabeth Dunne of LEJ on this issue.

To learn more about LEJ's efforts to preserve medical access to COFA residents, click here.

Medically Needy Immigrants Win Ruling (KITV)

2009-12-24T07:24:00.000-10:00

Judge Rules DHS Illegally Cut Immigrants Access to Benefits

KITV, December 24, 2009

HONOLULU -- Medically needy immigrants scored an important victory when a Circuit Court judge ruled that the Department of Human Services illegally cut the immigrants' access to state-funded medical benefits.

The immigrants hail from the Marshall Islands, Palau, and the Federated States of Micronesia and are living in Hawaii.

Judge Gary W.B. Chang made Wednesday's ruling on the heels of a temporary restraining order issued by the federal court in September that temporarily halted the implementation of those rules. The ruling confirmed the immigrants’ contention that state violated their rights.

The plaintiffs were represented pro bono by Alston Hunt Floyd & Ing, attorneys Paul Alston and Zachary McNish and Elizabeth Dunne of Lawyers for Equal Justice.

"Public rulemaking is an important process that the state cannot ignore," said McNish.

Due to the lawsuit, the state is now required to follow procedures that will allow for pubic comment and criticism of proposed rules that will determine what level of benefits will be provided to immigrants from these Compact of Free Association states.

"Allowing public participation will help reduce the confusion and anxiety created by DHS's first, invalid attempt to suddenly eliminate lifesaving medical care in August 2009," said Dunne.The public hearing on the new rules will be at 1:30 p.m. on Jan. 25 at the Liliuokalani Building.

Neighbor Island residents may provide testimony by contacting the Med-Quest division on each island.

For copies of the proposed rules or information click here or call 692-8132.

Press Release: JUDGE RULES STATE VIOLATED LAW BY CUTTING PACIFIC ISLANDERS' MEDICAL BENEFITS

2009-12-23T12:23:00.000-10:00

HONOLULU – December 24, 2009 - Medically needy immigrants from the Marshall Islands, Palau, and the Federated States of Micronesia living in Hawai`i scored an important victory yesterday when Circuit Court Judge Gary W.B. Chang ruled that the Department of Human Services (DHS) illegally cut the immigrants' access to state-funded medical benefits. The ruling yesterday followed on the heels of a temporary restraining order issued by the federal court in September that temporarily halted the implementation of those rules. Yesterday’s ruling confirms the immigrants’ contention that the state violated their rights.

The plaintiffs were represented pro bono by Alston Hunt Floyd & Ing (AHFI) attorneys Paul Alston and Zachary McNish and attorney Elizabeth Dunne of Lawyers for Equal Justice.

"Public rulemaking is an important process that the state cannot ignore," said Zachary McNish.

Due to the lawsuit, the state is now required to follow procedures that will allow for pubic comment and criticism of proposed rules that will determine what level of benefits will be provided to immigrants from these Compact of Free Association states.

"Allowing public participation will help reduce the confusion and anxiety created by DHS's first, invalid attempt to suddenly eliminate lifesaving medical care in August 2009," said Ms. Dunne.

The public hearing on the new rules will be at 1:30 p.m. on January 25, 2010 at the Lili`uokalani Building. Neighbor Island residents may provide testimony by contacting the Med-Quest division on each island. For copies of the proposed rules or information, go to: http://hawaii.gov/dhs/main/har/proposed_rules or call (808) 692-8132.

Costly benefits may be covered (Honolulu Advertiser)

2009-12-23T07:21:00.000-10:00

Honolulu Advertiser, December 23, 2009

By MARK NIESSE
Associated Press

Hawai'i is proposing a new free health plan that will cover critical dialysis and chemotherapy treatments for legal migrants from independent Pacific nations.

Migrants from Micronesia, the Marshall Islands and Palau had protested the Hawaii Department of Human Services' move toward removing the costly treatments it provides for free from its health plan covering about 7,000 adult noncitizens. A federal judge's Sept. 1 ruling prevented Hawai'i from implementing that plan.

The new Basic Health Hawaii program announced Monday includes those treatments while still saving the cash-strapped state about $8 million in taxpayer money. The old plan would have produced $15 million in savings.

"When we announced plans for Basic Health Hawai'i last summer, Pacific migrants and others were concerned that the program did not cover kidney dialysis and chemotherapy," Department of Human Services Director Lillian Koller said. "We worked with health care providers and the federal government to cover dialysis as an emergency service through Medicaid. We also expanded Basic Health Hawai'i to cover brand-name drugs, including chemotherapy drugs. This should alleviate any concerns."

The migrants are beneficiaries of compacts of free association, under which the United States was granted the right to use defense sites in exchange for financial assistance and migration rights. The agreements stemmed from U.S. nuclear weapons tests in Pacific islands a half-century ago.

Coverage includes four medications, 12 outpatient doctor visits, 10 hospital days, six mental health visits, three procedures and emergency medical and dental care.

Lifesaving dialysis treatments will be offered three times a week, and chemotherapy treatments are included along with the drugs, according to the department.

Pacific islander migrants may be suspicious of the changes because Hawai'i tried to remove some treatments without notice or public hearings, said Victor Geminiani, executive director for Lawyers for Equal Justice.

"It's one more step in a very faulty process, a process that from the beginning has been poorly set up," Geminiani said. "They're just now going back and trying to dot the i's and cross the t's for a lot of things they should have done a long time ago."

This time, there will be a comment period and a public hearing Jan. 25.

Geminiani said he wants to use the time to ensure that enough dialysis sessions are included, chemo treatments are adequate, and transportation is provided for the poor to visit doctors.

Public's view sought (Star-Bulletin)

2009-12-22T07:09:00.000-10:00

By Mary Adamski

POSTED: 01:30 a.m. HST, Dec 22, 2009

Public opinion will be sought at a hearing on the state's plan to reduce medical coverage for Pacific Islanders who migrate to Hawaii under the Compact of Free Association.

The free Basic Health Hawaii program is less comprehensive than the Quest plan, which now covers noncitizens as well as other low-income residents. But the state has agreed to continue to cover kidney dialysis and chemotherapy drugs in response to concerns raised by the Micronesian community.

Advocates for patients were concerned at first glance the proposed program does not specifically guarantee the treatments for kidney failure and cancer, and because the program is limited to 7,000 people.

The state Department of Human Services tried to launch the new program in September as a cost-cutting measure. Director Lillian Koller said the state would save $30 million in the next two years by moving about 7,000 adults from Quest into Basic Health Hawaii.

U.S. District Judge J. Michael Seabright halted the move, granting a restraining order requested by Lawyers for Equal Justice on behalf of Micronesian plaintiffs. The lawsuit claimed that insufficient notice was given to people whose medical coverage would be reduced.

"We worked with health care providers and the federal government to cover dialysis as an emergency service through Medicaid," said Koller in an announcement. "We also expanded Basic Health Hawaii to cover brand-name drugs, including chemotherapy drugs. This should alleviate any concerns."

The language creating Basic Health Hawaii as part of the state administrative rules does not specifically mention dialysis, which may cause concern among the people to be covered, said state Rep. John Mizuno (D. Kalihi), chairman of the House Human Services Committee. "We need to go carefully through the language to be sure dialysis coverage remains, to be sure it won't be dropped after a couple of months, and that chemotherapy is picked up."

Elizabeth Dunne of Lawyers for Equal Justice said "the maximum enrollment is capped at 7,000, which may preclude new enrollees. That's an issue as far as who will be covered. Another issue is the limit of four prescriptions, which is less than what most people need when they are receiving chemotherapy or dialysis. We are still evaluating to see what action we may take."

The public hearing will at 1:30 p.m. Jan. 25 at the Liliuokalani Building, 1390 Miller St. Neighbor Island residents may provide testimony by contacting the Med-Quest division on each island. For copies of the proposed rules or information, call 692-8132.

Public opinion will be sought at a hearing on the state's plan to reduce medical coverage for Pacific Islanders who migrate to Hawaii under the Compact of Free Association.

Hawaii attempts to remedy Pacific islander health (Star Bulletin)

2009-12-22T07:07:00.000-10:00

12/21/2009, 7:24 p.m. EST

MARK NIESSE

The Associated Press

(AP) — HONOLULU - Hawaii is proposing a new free health plan that will cover critical dialysis and chemotherapy treatments for legal migrants from independent Pacific nations.

Migrants from Micronesia, the Marshall Islands and Palau had previously protested the Hawaii Department of Human Services' move toward removing the costly treatments it provides for free from its health plan covering about 7,000 adult non-citizens. A federal judge's Sept. 1 ruling prevented Hawaii from implementing that plan.

"When we announced plans for Basic Health Hawaii last summer, Pacific migrants and others were concerned that the program did not cover kidney dialysis and chemotherapy," Department of Human Services Director Lillian Koller said. "We worked with health care providers and the federal government to cover dialysis as an emergency service through Medicaid. We also expanded Basic Health Hawaii to cover brand-name drugs, including chemotherapy drugs. This should alleviate any concerns."

Coverage includes four medications, 12 outpatient doctor visits, 10 hospital days, six mental health visits, three procedures and emergency medical and dental care.

Lifesaving dialysis treatments will be offered three times a week, and chemotherapy treatments are included along with the drugs, according to the department.

Pacific islander migrants may be suspicious of the changes after Hawaii previously tried to remove some treatments without notice or public hearings, said Victor Geminiani, executive director for Lawyers for Equal Justice.

This time, there will be a comment period and a public hearing Jan. 25.

Geminiani said he wants to use the time to ensure that enough dialysis sessions are included, chemo treatments are adequate, and transportation for the poor to see doctors is provided.

LEJ Files for Preliminary Injunction

2009-12-20T11:43:00.000-10:00

On December 16, 2009, Lawyers for Equal Justice filed a motion requesting that the Federal Court issue a preliminary injunction against the State and immediately make needed changes to improve conditions at Kuhio Park Terrace.

The court had previously granted a motion allowing the case to proceed as a class action.

Hearing on the motion has been set on February 22, 2010 at 9:00am before the Honorable Judge J. Michael Seabright.

To read the motion, click here.

Honolulu Advertiser: Landlord retaliating, say elderly tenants

2009-11-09T08:00:00.000-10:00

Foundation won't say why restrictions were imposed after lawsuits

By Eloise Aguiar
Advertiser Staff Writer

KAHUKU — Seniors at the Kahuku Elderly Housing project say they face retaliatory actions by their landlord, Kahuku Housing Foundation Inc., for trying to protect their housing rights.

Use of their community center was restricted more than a year ago, and now the Book Mobile has been denied access to the housing project because of two lawsuits against the foundation that preserved senior's federal subsidies for rent and utilities, they say.

Kahuku Elderly Housing project is on 6 acres of city land about a half mile off Kamehameha Highway and next to the Kahuku Golf Course. The duplexes, with 64 units, sit amid manicured green lawns, plumeria trees, trimmed hedges and clean, paved streets.

Tim Shea, president of a residents group.

The housing was developed in 1978 as a project-based Section 8 New Construction program, making it eligible for federal subsidies. Hawaiian Properties manages the project. The foundation directors include Joe and Tom Pickard.

Joe Pickard declined to comment for this story and referred questions to his attorney. His attorney did not return calls.

The foundation restricted the use of the community center after settling a lawsuit in April 2008 that preserved the project's Section 8 status, said Tim Shea, president of Kahuku Senior Citizens Association, one of the associations representing residents there.

sad thanksgiving

The restriction caused mental stress for some of the tenants who use the center with its 64-inch TV, piano, library and games for activities and get togethers, Shea said. For 30 years, residents could use it whenever they wanted, Shea said. Now the center is closed on weekends, holidays and evenings.

Because of the new restriction, Kahuku United Methodist Church was denied access to the center to bring Thanksgiving dinner to the seniors, Shea said.

"A lot of people got depressed because there was no place for them to go, no place to socialize" he said.

Recently they learned that the state Library Book Mobile would not be welcomed on the property, Shea said, adding that the manager claimed it was the foundation's decision because of a recent lawsuit brought against the foundation.

The lawsuit alleges that the foundation did not properly report utility rate changes, which led to overcharges.

Shea said the lawsuit and the Book Mobile have nothing to do with each other, yet the manager claims that the lawsuit is the reason for stopping the Book Mobile from coming to the housing project.

The manager could not be reached for comment.

Banning the Book Mobile hurt residents who were looking foward to its visit, Shea said.

"It caused a lot of stress for me because I'm the main plaintiff for the lawsuit," said Shea, 69. "All these ladies that lost the opportunity to have the Book Mobile are saying it's my fault."

Shea's attorney calls the action retaliatory and in an Oct. 19 letter asked the foundation's attorney to investigate and confirm that the Book Mobile will be allowed to visit the housing as approved last November.

"I understand they're still considering whether this action by the owner is in retaliation and therefore illegal under the law," said Victor Geminiani, an attorney with Lawyers for Equal Justice, which is representing Shea in the lawsuit. "To me it's open, shut."

Shea and other residents called the manager about the Book Mobile, and they were told it was held up because of the lawsuit, Geminiani said.

Some of the residents had hoped the city would intervene because it owns the land and has leased it to the foundation for $1 a year.

seeking funding

Debbie Kim Morikawa, director of the city Department of Community Services, said the city is not involved with how the landlord operates the project but is aware of the problems with the community center and Book Mobile.

The city has oversight on health and safety issues there and has asked that they be addressed, Morikawa said. Residents had complained about deteriorating units with holes in the exterior walls, crumbling siding and corroding window sills, Morikawa said.

Last year, the city inspected the project when the foundation announced its intent to drop out of the Section 8 program and apply to the city voucher program that subsidizes low- to moderate-income residents. The units would not have passed inspection for the city program, Morikawa said.

City officials visited again recently and are trying to assist the foundation, Morika-wa said.

"We have been in communication with the property manager and the owner, and they are well aware of the situation and doing everything possible to identify other funding sources to do the type of massive renovations that would be required," she said.

Class Certified in KPT Federal Housing Case

2009-11-01T13:06:00.001-10:00

On October 29, 2009, the Honorable Judge Michael Seabright of the United States District Court for the District of Hawaii certified LEJ as class counsel in the case of McMillan v. State of Hawaii.

The Court certified a class of "all present and future residents of KPT and Kuhio Homes who are eligible for public housing, who have mobility impairments or other disabling medical conditions that constitute “disabilities” or “handicaps” under federal disability nondiscrimination laws, and who are being denied access to the facilities, programs, services, and/or activities of the Defendants, and or/discriminated against, because of the architectural barriers and/or hazardous conditions described in the Complaint."

This enables this important case to move forward and ensure relief for all those residents at KPT who have been injured by the State's problematic policies.

Click here to read the entire order.

Micronesian plan extends as state explores options

2009-10-24T07:10:00.000-10:00

By Helen Altonn

Honolulu Star-Bulletin, Oct 23, 2009

A temporary restraining order halting the state from switching Pacific islanders to a health plan without dialysis or chemotherapy coverage has been extended pending completion of a rule-making process.

When that will be is not known.

"We're working on it," said state Human Services Director Lillian Koller.

The process involves a number of reviews of the proposed plan, public notice and public hearings.

The Department of Human Services expected the new plan to save about $30 million out of $42 million it is required to cut from its budget over the next two years.

Asked how the department plans to achieve that savings now, Human Services spokeswoman Toni Schwartz said "meeting after meeting" is being held to discuss alternatives.

Senior Staff Attorney Elizabeth M. Dunne of Lawyers for Equal Justice, which sought the restraining order, told state lawmakers it is in effect until the department complies with the state law governing rule-making. "We're prepared if necessary to go forward with a legal challenge."

The restraining order was granted Sept. 1 and extended Sept. 30 by U.S. District Judge J. Michael Seabright.

Dunne updated four legislative committees Wednesday at an informational briefing on the situation regarding Compact of Free Association migrants. The 1986 compact allows migrants from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau to travel freely and live in the United States.

Facing a critical revenue shortage, the Human Services Department planned to transfer noncitizens with less than five years' residency on Sept. 1 from comprehensive state-funded

medical assistance to a "Basic Health Hawaii" plan. Pregnant women and children were excluded.

The plan's limited benefits did not include coverage for life-sustaining dialysis or chemotherapy, which caused an uproar.

About 7,500 Pacific islanders would be affected by the plan. About 100 are on dialysis and 150 receive chemotherapy, said House Human Services Chairman John Mizuno (D, Kalihi).

The islanders received federally funded Medicaid benefits until Congress eliminated them in 1996. The state continued comprehensive benefits, costing about $100 million a year, with no federal assistance until 2003. It has since received less than $11 million a year.

The State Department says the treaty does not provide health coverage, but it is "an obligation of the U.S.," said state Sen. J. Kalani English (D, East Maui-Lanai-Molokai).

"It's not just health care; it's housing and everything else," added English, chairman of the Committee on Transportation, International and Intergovernmental Affairs and president of the Pacific Island Legislators.

Leaders of the Federated States of Micronesia and Marshall Islands are working with Hawaii's congressional delegation to seek restoration of Medicaid benefits for compact migrants, he said.

Hawaii U.S. Rep. Neil Abercrombie inserted such a provision in the House health reform legislation, and U.S. Sens. Daniel Inouye and Daniel Akaka are pursuing similar language in the Senate reform bill.

Dr. Neal Palafox, Family Medicine and Community Health chairman at the University of Hawaii John A. Burns School of Medicine, said the state "should be proactive" rather than wait for federal help. He said an "impact committee" is

needed to look at the financial and social implications of alternative solutions.

The good fight

2009-10-22T15:13:00.001-10:00

Originally in the Honolulu Weekly:

A local group stands up for Hawai‘i’s most vulnerable residents

Ava Zhao
Oct 21, 2009

Last month, when the state Department of Human Services announced the elimination of certain medical services, such as kidney dialysis and chemotherapy, for about 7,500 Micronesians, Victor Geminiani immediately filed suit to block the cuts.

“If you stop kidney dialysis, you’re dead within seven days,” explains Geminiani, executive director of Lawyers for Equal Justice. “It’s a death sentence.”

Geminiani and his staff successfully petitioned a judge to temporarily halt the benefit reduction. Now, the group is working to make the court order permanent. With only a shoestring budget, Lawyers for Equal Justice has accomplished much since its creation in 2001. It won a $2.3 million settlement on behalf of 3,000 public housing tenants who were overcharged by the state for more than a decade. In 2007, the group scored a landmark victory against the state for denying homeless families the right to keep their children in the same school each time they moved. In that case, the state agreed to change its enrollment procedures and to improve transportation to and from public schools for homeless students. Most recently, Lawyers for Equal Justice filed a class action suit alleging that the state had failed to provide timely and adequate notice to those whose access to health care would change and that the benefit reduction would amount to discrimination against a minority group.

The cuts were mainly directed toward individuals residing in Hawaii under the Compact of Free Association (COFA), a treaty between the U.S. and the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau. Citizens of theses Micronesian states may receive medical treatments in the U.S. as reparation for the harm caused by U.S. nuclear weapons testing on their land. While the federal government subsidizes a portion of the medical coverage, the state foots 90 percent of the bill.

“It’s a battle between federal government and state government with an entire COFA population caught in the middle,” said Geminiani.

The Micronesian case is one of many “impact litigation” cases LEJ handles: class action lawsuits challenging the way public benefits for low-income residents are administered. Geminiani says this country’s promise of equal opportunity and equal protection is sacrosanct to him and that enforcing this Constitutional guarantee in the courtroom is his religion.

“When the government is going after you in a big way, you’ve got to have organizations to stand up for your rights,” he said. “Otherwise, America is premised on a false promise–shibai.”

That is why LEJ is also suing the state for the deplorable conditions at its largest public housing project, Kuhio Park Terrace. Geminiani describes pest-infestation and a lack of basic necessities, such as fire equipment and hot water, in the two 16-story towers. Geminiani says it took the state far too long–months, he claims–to respond to complaints.

“They don’t want to discuss anything,” he said. “They don’t want to do anything. And, most of all, they don’t want to pay for anything. You gotta push, push, push. Finally, when the state gets embarrassed, it’ll do something.”

Now, the state is doing something. Last month, it chose a New Jersey-based company to undertake a $316 million redevelopment of KPT–a one-for-one replacement of public housing units, plus 276 mixed-rental units.

Geminani, however, remains skeptical. Because even when the state takes positive steps toward equal opportunity rights, he focuses on what remains to be done.

LEJ Files Class Action Lawsuit for Rent Overcharges

2009-09-30T11:26:00.000-10:00

On September 8, 2009, LEJ filed two class action lawsuits, seeking to end rent overcharge practices at two privately run section 8 housing projects, Kahuku Elderly and Jack Hall Waipahu.

The cases, Shea v. Kahuku Housing Foundation and Cruz v. Jack Hall Waipahu Housing Corporation, were filed in Hawaii Circuit Court and seek damages for past overcharges and injunctions against future overcharges.

You can learn more about these important cases here.

Looking for a Few Good Interns...

2009-09-15T12:36:00.001-10:00

Lawyers for Equal Justice (LEJ) seeks a few committed and talented law students who want to make a real difference in the lives of low income families and communities in Hawai`i while enjoying an opportunity to significantly increase their own capacity to engage in complex public interest litigation. We are interested in researching the potential for improving the opportunities of our clients for achievement through litigation in several important areas of need. Candidates elected will receive guidance from LEJ attorneys as well as national substantive law support centers.

Interested in interning with us? Click here to learn more about our internship opportunities.

HPR: Story on Micronesian Protest on Cuts

2009-09-03T02:10:00.000-10:00

Originally aired September 1, 2009.

Click here to hear the story.

Honolulu Advertiser: Public housing getting facelift

2009-09-02T11:43:00.000-10:00

$316M plan will remake Kuhio projects, add units

By Mary Vorsino
Advertiser Urban Honolulu Writer

The state has chosen a New Jersey-based company to undertake a $316 million redevelopment of Kuhio Park Terrace and Kuhio Homes, which will include a one-for-one replacement of public housing units along with the addition of 276 subsidized, senior and market rate rental units.

Construction is expected to begin in 2011, and is expected to last about 10 years.

Michaels Development Co. beat out a California affordable housing development company for the Kalihi project. Michaels has completed several similar rehab projects at public housing projects on the Mainland.

Chad Taniguchi, executive director of the Hawai'i Public Housing Authority, said the two 16-floor towers at Kuhio Park Terrace will remain standing as part of the redevelopment plan. At least one mid-level high-rise will be added to the property.

He said the project will be done in phases to minimize relocations of current tenants. And he stressed that no public housing units — for the poorest residents — will be lost.

In addition to rehabilitating units and adding new ones, the project includes the installation of "green space" on the property and will also improve street circulation and pedestrian walkways.

About 2,500 people live at Kuhio Park Terrace and Kuhio Homes.

The two are among the largest and oldest public housing projects in the state. KPT and Kuhio Homes have 748 units combined. KPT was built in 1965; Kuhio Homes opened in 1953.

The redevelopment comes 10 months after KPT and Kuhio Homes filed a class-action lawsuit against the state over conditions at the projects, saying they were squalid and unsanitary.

Taniguchi said Michaels and HPHA will work with tenants to give them information on the redevelopment and to make sure that relocations to new units go smoothly.

"This is another important step in a process to improve conditions at Kuhio Park Terrace and Kuhio Homes," Taniguchi said yesterday.

Over the next 18 months, Michaels will be coming up with designs for the redevelopment and will be seeking permits.

The makeover will be modeled on successful public housing redevelopment projects in other states, which add near-market or market units to a property to bring in more money for maintenance and to deconcentrate poverty.

State officials have said that the project won't require much in the way of direct state appropriations, though it will need state low-income housing tax credits, loans and other subsidies to pencil out. The state is also seeking money from the federal government for the work.

The Hawai'i Public Housing Authority board chose Michaels at its Aug. 20 meeting. In a news release, board chairman Travis Thompson said the redevelopment "marks a turning point for public housing residents and the neighborhoods they live in."

Affordable housing advocates are also applauding the authority's decision, though they stress they will continue to watch the redevelopment to ensure there is no reduction in the number of affordable units at the projects.

"The board has made the best decision out of their possible choices," said Jun Yang, of Faith Action for Community Equity, which has been working with KPT residents.

He added that tenants are excited about the rehab work.

"Most of the residents have felt for a long time that there needs to be something done," he said.

Michaels officials referred requests for comment yesterday to HPHA.

The redevelopment represents more than a year of work by HPHA officials, who were scrambling to tackle some $162 million in repairs needed at KPT at a time of fiscal crisis.

A class-action lawsuit filed in December alleged tenants at KPT and Kuhio Homes were living in squalid, unsanitary conditions, with elevators that don't work, apartments infested by roaches and rats and faulty sewage lines that cause "brown wastewater to fill housing units."

The suit is still making its way through the courts.

Under the redevelopment plan, the state will lease the land under the projects to Michaels, but retain ownership. And while management of the projects will be privatized, the state will continue to oversee operations.

State housing officials have said if the mixed-income redevelopment works at KPT, it could be replicated at other public housing projects in need of major repairs.

Honolulu-Advertiser: A federal judge has blocked cutbacks to state-funded medical care for about 7,500 adult Micronesians from taking effect today.

2009-09-01T16:29:00.000-10:00

A federal judge has blocked cutbacks to state-funded medical care for about 7,500 adult Micronesians from taking effect today.

Micronesians have rallied against the cuts, saying they would leave patients without critical care.

The new program, called Basic Health Hawaii, was aimed at saving the state about $15 million a year.

U.S. District Judge Michael Seabright issued a temporary restraining order against the state this morning, requiring them to continue providing medical care for Micronesians until a decision on the case is made.

The next hearing in the case is set for Oct. 19.

A temporary restraining order requested in state court was denied.

Victor Geminiani, executive director of Lawyers for Equal Justice, which is representing the Micronesians, said that Basic Health Hawaii was "thrown together behind closed doors" and violated patients' rights.

"The process was so deficient," he said.

Germiniani and Rep. John Mizuno plan to have a press conference at 2:30 p.m. today at the state Capitol in room 437 to announce the TRO.

The state Department of Human Services, which oversees the medical program, said it would release a statement on the TRO decision this afternoon.

The 7,500 adult Micronesians who get medical care through the state must meet income requirements. Children and pregnant women are covered under a separate program.

State finds $1.5M for dialysis

2009-09-01T04:22:00.000-10:00

Star-Bulletin, September 1, 2009
By B.J. Reyes

Micronesians receiving kidney dialysis treatments will continue to get such care once the state shifts them to a new, more limited health care coverage plan, state officials said.

The new cost-saving plan, known as "Basic Health Hawaii," goes into effect today, transferring about 7,500 noncitizens from comprehensive medical assistance to the plan with more limited benefits. Pregnant women and children are excluded.

Advocacy groups for Micronesians, who make up most of the noncitizens being transferred, said the new plan would cut kidney dialysis treatment for about 100 patients and chemotherapy for 130 to 160 cancer patients.

Micronesian community groups held sit-ins in the governor's office last week and yesterday to call attention to their cause.

Yesterday, Human Services Director Lillian Koller announced the state had identified a source of federal funds that could be used to cover dialysis treatments as an emergency service, without added cost to the state. The state will receive about $1.5 million annually in Medicaid reimbursements to fund dialysis for patients in the new Basic Health Hawaii plan.

The state says it's going to tap federal Medicaid fund to cover low-income Micronesian patients needing dialysis for another 2 years.

Meanwhile, she said the department continues to work with hospitals on ensuring continued chemotherapy treatment for cancer patients.

Chemotherapy does not meet the federal criteria for emergency treatment, so similar federal funds are not available, Koller told the community members.

However, she said the Queen's Medical Center has said it will continue providing chemotherapy to noncitizens who came to Hawaii under the Compacts of Free Association with the federal government, stemming from U.S. nuclear weapons tests in isolated Pacific islands a half-century ago.

An attorney for Lawyers for Equal Justice said the advocacy group still plans to challenge the implementation of Basic Health Hawaii.

"We think there are a number of questions that still have to be answered, and we think that the process that was engaged in by the government was contrary to legal requirements in the state," said Victor Geminiani, executive director of Lawyers for Equal Justice.

LEJ Brings Lawsuit on Behalf of Compact Residents

2009-08-31T12:30:00.000-10:00

Today, LEJ filed a class action lawsuit on behalf of residents in Hawaii under the Compact of Free Association to prevent termination of certain critical medical services, including Chemotherapy and Kidney Dialysis.

Approximately 250 Compact residents receive regulary kidney dialysis, without which they could die within 7-10 days. Click here to read more about this case.

KHON: Micronesians Told Dialysis Will Continue

2009-08-31T02:16:00.000-10:00

Reported by: Andrew Pereira
Email: apereira@khon2.com
Last Update: 8/31 8:14 pm

Click here to see video.

About thirty members of Hawaii's Micronesian community gathered at the state Capitol Monday to meet with Gov. Lingle after they were told last month their QUEST medical coverage would be dropped in order to save the state $15 million a year.

Instead of a face-to-face with the governor, those who gathered inside her chambers were told the state had found federal funding to cover those in need of dialysis.

"It isn't a hundred percent clear, but it is certainly we feel, a good argument to make and we will submit the claims for that reimbursement,” said Human Services Director Lillian Koller.

Koller believes Hawaii can legally bill the federal government for dialysis treatments after Arizona won a consent decree in 2007 stating dialysis is an emergency service.

The lack of free dialysis treatment was a major concern to Micronesians as the state drops QUEST coverage and switches them to a new plan September 1 called Basic Health Hawaii.

Some members of the migrant community expressed concern that dialysis treatments under the new program would only be covered for the next two years.

“We don't know what we'll happen (after that),” said Elma Coleman of Micronesians United. “I guess we'll have to come back again to the governor and to (Lillian) Koller.”

Koller said Micronesians currently receiving chemotherapy in hospitals and as outpatients would continue to receive treatments. However chemotherapy would not be covered for those who develop cancer later on.

“These matters have other supports to go to that are there,” said Koller. “There's our hospital system (and) there's also the American Cancer Society.”

William Swain, an attorney who represents about 300 Marshallese clients, told Khon2 he believed Micronesians were being unfairly targeted by cuts in health benefits.

"People from the COFA nations or COFA migrants are still feeling that they are being picked on,” said Swain. “They are the only group that has been cut off.”

COFA, or the Compacts of Free Association allows Micronesians to reside, work and receive benefits within the U.S. The 1986 law is part of the compensation for the lingering effects of nuclear weapons testing during the 1940's and 50's.

Koller said under Basic Health Hawaii, 7,000 non-pregnant adults from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau would receive the same medical benefits they got under QUEST.

The new program includes 12 annual outpatient doctor visits, ten hospital days, six mental health visits, three procedures as well as emergency medical and dental care, plus more pharmacy coverage, which is identical to QUEST-ACE and QUEST-Net for low-income Hawaii residents.

Star-Bulletin: Health plan faces legal challenge

2009-08-30T17:05:00.000-10:00

A shift in coverage for 7,500 noncitizens due to the state's revenue shortfall fuels concerns

In Star-Bulletin, August 29, 2009 (by Helen Altonn)

Lawyers for Equal Justice are considering legal action to delay implementation Tuesday of a new state health plan key legislators say "could be a death sentence" for some residents.

Because of the state's revenue shortage, the state Department of Human Services is transferring about 7,500 noncitizens from comprehensive medical assistance to a "Basic Health Hawaii" plan with limited benefits. Pregnant women and children are excluded.

"It's a good plan for healthy people," said Noda Lojkar, consul general of the government of the Republic of the Marshall Islands.

The Marshallese government, affected residents and organizations such as the American Cancer Society Hawaii Pacific Inc. are protesting the plan because life-sustaining dialysis and chemotherapy services are not covered.

"Basic Health Hawaii will become the first program in Hawaii to kill individuals it is meant to help," George Massengale, a cancer society official, said in a letter to state Rep. John Mizuno (D, Kalihi), House Human Services Committee chairman.

Mizuno and Senate Human Services Chairwoman Suzanne Chun Oakland (D, Kalihi-Liliha) have asked Gov. Linda Lingle either to grandfather in people on dialysis and chemotherapy or delay the plan for six months.

Most of those affected are migrants from Micronesia, the Marshall Islands and Palau who have lived in Hawaii less than five years and are ineligible for federal assistance. Many Filipino noncitizen residents also will be affected, said Mila Medallon-Kaahanui, health care advocate.

Dr. Kenneth Fink, Med-QUEST Division administrator, said he was directed to reduce the budget by $42 million over two years, and he and his staff critically examined all programs. "But to get that kind of money, we had to start looking at reimbursement benefits or eligibility," he said.

The governor said children and pregnant women could not be affected, and the state agency did not want to cut any programs drawing matching federal funds, he said. That left state-funded programs, the biggest of which covers medical benefits to noncitizens who have lived in Hawaii under five years and are ineligible for federal aid, he said.

Human Services Director Lillian Koller said the department is working with dialysis and chemotherapy providers to ensure that critical health care needs will continue.

"That said, it is undeniably a federal — not a state — responsibility to compensate Compacts of Free Association migrants for the extensive harm caused to their islands in the 1940s and 1950s by the U.S. government's nuclear weapons testing program," Koller added in a statement.

Guam has dropped medical coverage for the migrants, and Hawaii is the only state giving them free health insurance, with federal reimbursement at about 10 cents on the dollar, Koller said.

"It is time for the U.S. government to stand up and fulfill its legal and moral obligations" to the so-called COFA migrants, she said. "It is also time for federal officials to fully reimburse Hawaii taxpayers for all we do to improve the lives of COFA migrants."

U.S. Rep. Neil Abercrombie has included an amendment in the House health care reform bill to reinstate Medicaid benefits for compact migrants totaling about $15 million a year.

Fink said the federal government dropped Medicaid coverage for the Pacific islanders in 1996, but Hawaii continued comprehensive state-funded coverage without any federal help until 2003.

The state since has received $10 million to $11 million a year as a share of impact funding, but it has spent more than $100 million a year on that population, Fink said.

Aside from humanitarian issues and federal policy, the state is not going to save any money from the new plan, Dr. Neal Palafox, Family Medicine and Community Health chairman in the John A. Burns School of Medicine, said at a community meeting held by Mizuno on the issues.

Palafox, who spent many years in the Marshall Islands, said the cost simply will be shifted because the new plan covers emergency services. It will be five times more expensive for people to go to emergency rooms for dialysis and chemotherapy and will cause many problems at hospitals, he said.

Victor Geminiani, executive director of Lawyers for Equal Justice, said he had just done a preliminary review of the issues, but he sees "constitutional failures" in the adverse action notice to clients from the Human Services Department about the new plan.

It was printed only in English with a number to call if someone needed help, he said. "People had no clue what it was. They didn't understand."

He also cited questions of equal protection, short notice to clients and lack of outreach to 230 to 260 people expected to lose kidney dialysis and chemotherapy coverage.

Fink said the federal compact with the Freely Associated States says "it's not the intent of Congress that the compact adversely affect any jurisdiction, but that does not appear to be the case."

He said "very difficult decisions" had to be made because of the state's unprecedented economic situation.

KGMB: Pacific Islander Dialysis Patients Plead for Help

2009-08-28T16:59:00.000-10:00

From KGMB 9, August 27, 2009:

More than 200 Pacific Islanders living in Hawaii are heading for a medical emergency.

It's a health crisis, with roots stretching back to U.S. government experiments in the 1950's.

During the Cold War, America set off more than 60 nuclear bombs in the Marshall Islands. Radiation poisoned hundreds.

Decades later, the U.S. government passed a compact that allows people there to move to the U.S. and receive state benefits without being identified as immigrants.

Many come to Hawaii for treatment.

Out of $100 million a year the state spends on helping them, the federal government only provides about 11 percent.

Now, Hawaii's budget crunch means services are about to be cut even more.

Three times a week, Lourdes Choran lies in a bed at Liberty Dialysis - Hawaii while a machine pulls poison from her blood.

"It is a death sentence to not have dialysis if your kidneys have failed," clinic director Jane Gibbons said.

House Rep. John Mizuno has pages of signatures from Marshallese and Micronesians who object to the state's new health insurance for non-citizens.

Basic Health Hawaii will no longer pay for dialysis and chemotherapy.

"There is a solution. I believe if the governor can delay this program from being implemented for six months," Mizuno said.

The program starts September 1. Attorney Victor Geminiani said the patients were caught off guard.

"Those individuals, very few of them have been notified by the government and told exactly what's going to happen," he said.

Thompson Phillip is from Chuuk. He's been receiving dialysis for five years three times a week.

"For one it's expensive. It's more than a thousand dollars. I cannot afford that," his wife Yitha Phillip said.

But the state said it can't afford to subsidize care to COMPAC nations. Basic Health Hawaii would save $15 million a year. The Department of Human Services has to cut $47 million from its budget over the next two years.

Mizuno said other money can cover it.

"We have quite possibly well over $500 million in federal monies, stimulus monies, that we haven't locked in on," he said.

If the state sticks to its timetable, Liberty Dialysis will continue to provide dialysis to fifty patients losing their coverage. The clinic will do it free of charge, but that can't go on forever.

Plenty of aloha for Inouye at KPT

2009-08-17T03:21:00.000-10:00

Source: Honolulu Advertiser, August 16, 2009

By Michael Tsai
Advertiser Staff Writer

Kuhio Park Terrace got a visit from an old friend yesterday as U.S. Sen. Daniel K. Inouye met with residents and toured the facility as part of National Community Service Day.

Inouye, who established the housing project's Kameha'ikana resource center with $13 million in U.S. Department of Labor funds in 2003, was joined by fellow U.S. Sen. Daniel Akaka, Lt. Gov. James "Duke" Aiona, Hawai'i Public Housing Authority executive director Chad Taniguchi and others.

"It means a lot for everyone to have Sen. Inouye visit because he played such a major role in the development of these buildings and because he is so highly regarded in the Samoan community," said Robert Faleafine, president of Realty Laua, which manages the property.

About 100 Bank of Hawaii employees and their families joined more than 200 residents in painting and repairing 15 vacant units and cleaning the grounds.

BOH regional manager and senior vice president Danny Kim said his first visit to Kuhio Park Terrace was a memorable one.

"It's a beautiful facility and the people were very nice," said Kim, who came with his 12-year-old son, Micah. "Still, when you go into the units, it opens your eyes and you feel fortunate and blessed for what you have. At the same time, you also realize that you have an obligation and a responsibility to help others."

Resident Jackson Nithan, 36, spent the morning picking up trash around the periphery of the property, a job that left him shaking his head in disgust.

"There was plastic and garbage all along the fences," he said. "It really needed to be cleaned up. It was very, very dirty, and that's not healthy for the people that live here."

Nithan also attended a financial advising seminar in which Bank of Hawaii representatives offered tips for establishing and maintaining a budget, building savings and planning for the future.

"It was awesome," Nithan said. "I realized that I have to quit smoking so I can save money — hundreds of dollars — for my kids for school. It was very helpful."

Neighbor Cathsy Nathan, 23, agreed.

"I like to spend money, but afterward I feel like crying," she said. "They told us how to budget our money and save for the future."

Honolulu Advertiser Editorial: Tenant councils can boost residents' safety

2009-08-15T06:23:00.000-10:00

August 12, 2009, Honolulu Advertiser

Tenants of public housing rent, rather than own, their dwellings, of course. But there's more than one kind of ownership to consider.

There's also the sense of empowerment that comes when the residents are involved in the process of making their community a healthy and safe place to live. These are people who can rightly claim credit for helping make housing a home.

Most recently, such an initiative has paid out dividends in neighborhood safety at Kalihi Valley Homes, where crime and property damage had been on the rise. Residents teamed up with police and managers to form a patrol that walks the project at nights, often making its rounds after midnight to deter lawless behavior.

While it's early to issue any final findings, police have noted fewer trouble calls coming in from the large development.

That good news should encourage admirers at other lower-income projects to try to replicate that experience.

Unfortunately, resident involvement is a goal not fully realized for the Islands' public-housing communities. At Kuhio Park Terrace, for example, establishing an independent tenant council is one of the aims of lawsuits in federal and state courts over living conditions.

Residents clearly need an active association as a go-between, enabling tenants to relay their complaints to management in a setting where they are comfortable. Many tenants are intimidated and fear retribution, through eviction or other means, if they take complaints directly to managers.

Fewer than half of the 67 projects under the supervision of the Hawai'i Public Housing Authority have tenant associations that meet federal rules required to gain official recognition.

HPHA should help them attain that level. At KPT, the resident plaintiffs in the lawsuits are asking for staff help in getting an association organized. That would help to build a community that thrives on mutual engagement and support.

Further, the statewide public housing Resident Advisory Board has recommended in the authority's five-year plan that community patrols be enhanced with training. Authority officials agreed and pointed to police available for the training.

But it would make sense for the state agency to encourage and enable tenant involvement more actively. Budget problems may make that seem difficult, but in fact making the effort to enlist the help of tenants — the people with the greatest incentive to be engaged — should be treated as an investment that can pay off with neighborhoods of safer and happier homes.

Kuhio Park Terrace: Updated Hearing Schedule

2009-08-04T04:15:00.001-10:00

Federal Disability Discrimination Case
On September 21, 2009 at 9:00a, the Honorable Judge Seabright will hear Lawyer's for Equal Justice motion for class certification in McMillan v. State of Hawaii, seeking to be certified as a class counsel for all tenant's at Kuhio Park Terrace who have been discriminated against due to their disabilities.

State Habitability Damages Case
On September 1, 2009 at 9:00a, the Honorable Judge McKenna will hear Realty Laua's Motion for Summary Judgment in Falletogo v. State of Hawaii, relating to viability of certain claims, notably whether tenants are protected as "consumers" under the state unfair and deceptive practices act.

Click here to learn more about these cases.

LEJ Announces Social Security Project

2009-08-03T09:57:00.000-10:00

LEJ now works with Social Security claimants to assist in the initial application and navigating the appeals process. For help or questions about Social Security Benefits please contact LEJ’s Oahu office at (808) 587 7605. Click here to learn more.

Social Security Programs:

Social Security Disability Insurance (SSDI): ● is for those who have a disability expected to keep you from working for a year or more, or result in death. ● you are considered disabled if you are no longer able to perform any substantial, gainful activity. ● a claimant must meet minimum work history requirements to be eligible for SSDI: a recent work history test and a duration of work test.

Supplemental Security Income (SSI): ● is for those with low income and few resources who are aged 65, blind or disabled. ● those individuals applying for SSI must have less than $674 in income, couples must make less than $1, 011 ●in addition, individuals must have less than $2,000 in assets, couples less than $3,000. Some exclusions do apply to the asset test.

Upcoming Hearings

2009-06-21T11:55:00.000-10:00

On June 22, 2009 at 9:00a, the Honorable Judge Kobayashi will hear the City and County's motion for leave to file a third party complaint against Hawaiian Properties in Blake v. Nishimura. In Blake, Lawyers for Equal Justice has been certified as class counsel for all tenants at Westlake Apartment Complex, seeking remedy for rent overcharges based on the cities failure to update its utility allowance. Learn more about these cases, here.

On August 13, 2009 at 10:00a, the Honorable Judge Seabright will Lawyer's for Equal Justice motion for class certification in McMillan v. State of Hawaii, seeking to be certified as a class counsel for all tenant's at Kuhio Park Terrace who have been discriminated against due to their disabilities. Learn more about this case, here.

US District Court issues decision upholding rights of KPT tenants to sue

2009-06-20T09:33:00.000-10:00

On June 19, 2009, the Honorable Judge Seabright issued a decision denying virtually all State of Hawaii challenges in it's motion to dismiss the claims brought by residents of Kuhio Park Terrace in federal court. The decision, available here, details the factual and legal basis for the decision.

This decisions allows the tenants to go forward and show their disability discrimination claims and is an important first step in holding the State accountable for needed changes at Kuhio Park Terrace.

Advertiser Editorial: KPT in Hands of Housing Authority

2009-06-16T11:05:00.000-10:00

Sen. Donna Mercado Kim and Rep. Joey Manahan, who represent the Kalihi district, were recently on the Hot Seat with Honolulu Advertiser's Jeanne Mariani-Belding. Advertiser readers had the opportunity to post questions for the lawmakers about the conditions at KPT. Here is what they had to say:

Mona: I understand conditions are bad at public housing, not just Kuhio Park Terrace. But doesn't the Legislature have some responsibility here since these conditions have gone on for years?

Sen. Donna Kim and Rep. Joey Manahan: As legislators, we set policy, make laws and appropriate funding. The day-to-day operations, security, repairs, maintenance and upkeep rest with the governor and her housing department head, Chad Taniguchi, along with the management company.

We have appropriated funds to take care of many of the projects, including the elevators, trash chutes, fire alarms, etc., but there seem to be delays in carrying out the repairs. We've tried to hold the administration accountable by doing hearings, site visits, and recently asked for an audit.

Jason K.: How much of these conditions are the fault of the tenants? Don't they have pride in where they live? If not, I'm sure there are others waiting for that spot in subsidized housing. What are your thoughts?

Kim and Manahan: The residents are an integral part of the solution. Many have pride and it shows when we went on our site visit into individual units.

More needs to be done with transferring this pride to the exterior, but it's difficult when everything around you is broken and in disrepair. More education needs to be done. But many are fearful of raising concerns to the management for repairs.

John: Ms. Mercado Kim, you said that some of the residents are fearful to complain, can you explain what basis you have to say this? Have the residents been threatened if they complained? This is an awful situation and should be taken care of by the AG's office.

Kim and Manahan: I agree that this is an awful situation. Residents we have spoken to on many different occasions have expressed fear of retribution and many have been told they should be careful or they may be evicted. We agree that the AG should look into these allegations.

Kailua Advertiser Reader: My question is so simple. Why so long? This is ridiculous. Please tell me why these things are taking this long.

Kim and Manahan: That is the exact question we have been asking. Every time we ask for updates, the dates keep changing. You would think that a response on 7/11/2008 stating the trash chutes would be completed by 2/1/2009 and the elevators completed by 11/2009 would be close to accurate, considering it was within six to 12 months.

We believe that the delays may stem from a poor attitude and not one of urgency. For example: A recent inquiry as to why the drainage pipe that fills the stairwell with several inches of water in Building A had not been fixed for so long received a reply from Mr. Taniguchi: "We tried to fix it but failed and we didn't pursue it."

Koni: I've been to KPT. A majority of the disrepair is caused by tenants. New fire alarms were being installed when I was there because vandals broke the old ones. The trash chute caught on fire. A main drainage pipe was backed up and they found belts in it. If people took more pride in their surroundings, maybe taxpayers wouldn't have to foot the bill for the constant repairs and re-repairs.

Kim and Manahan: Tenants are a part of the problem and should be part of the solution. They need to build a strong association of residents to hold each other accountable. But on the same note, management must also be held accountable. We all must work together.

Beverly: Since this problem has been going on for years, how can the state continue to hire the same management people? What will the Legislature do to change this?

Kim and Manahan: This is what we want to know and why we passed an audit to look into the procurement process for management and performance of the management company.

George: I am angry that taxpayers have to carry the burden, not only in legal fees but also potential lawsuits. As state leaders, what will you do to fix this ridiculous problem?

Kim and Manahan: Legislatively, we have done our part up to this point. Clearly the responsibility is on the administration and the housing authority to deal with the long-standing problems. Now we, as legislators, need to be advocates for the community.

We can't control who files lawsuits, however, we will continue to hold the administration accountable, provide necessary funding and be advocates for the residents.

Roland C.: I suggest all of our lawmakers and the governor go to the public housing project and spend the night. Would you agree?

Manahan: I live in the next building over, so I'm there often.

Kim: I don't think you need to spend the night there in order to know that there are problems. I grew up living right next door on Kam IV Road with only a fence separating our house from the project. We agree that the governor, legislators and other housing officials should spend more time visiting the site, walking the property and talking to the residents.

Tricky: Unfortunately, I feel the reason KPT has been ignored for so long is that there are no easy answers — all the rational solutions will result in a lot of political backlash. It would be nice if the community came up with a solution, including self-policing. But nothing has happened, to date. Plus, only those who are willing to live under these difficult conditions are around to self-police. I just don't see change coming easily: Those living there do not want to give up their subsidy, and those of us not living there find it easier to subsidize them to roll up our shirt sleeves. My bad suggestion is to turn it into for-sale housing, and use the proceeds to fund a low-rise replacement for those living there. And to give those living there first rights to move back.

Kim and Manahan: A proposal has been made for a mixed-income, redevelopment project, which would include subsidized housing and affordable rentals. At this time, it is being considered. For-sale housing may not be possible given that the lands under the property are ceded lands.

Gerald: There is enough finger-pointing going around and I'm sure everyone should share in the responsibility, but what is being done NOW? What is the plan to go forward to help these people who have to live in this squalor condition? We should think of the children and the disabled who are caught in this catch-22. Be pono and do the right thing!

Kim and Manahan: Things we are doing now include considering the mixed-income development proposal, we passed and are waiting for the results of the audit, we plan to hold hearings during the interim, the funding for many of the repairs have already been appropriated, and the lawsuit should address many outstanding issues.

Jo: I feel for the families that are living in these conditions. If the management company isn't able to keep up with maintenance, shouldn't we get another management company?

Kim and Manahan: Yes, we agree.

Jim: I see Gov. Lingle has been noticeably quiet on this. What does she have to say about this? After all, this lands right in her lap.

Kim and Manahan: We wrote a letter to the governor on June 26, 2007, regarding KPT's and Kalakaua homes' elevators. We had to wait until Aug. 1, 2007, to get a short reply that the elevator consultant will be assessing the elevators in August. We have not heard from her since.

Kailua Resident: What standards are used in deciding to continue a management contract ... with a company that has clearly failed to maintain the project in a safe and sanitary fashion?

Why is the state continuing to spend so much energy and money to defend against the lawsuits instead of doing what the federal and state laws require?

Kim and Manahan: The standards and the procurement for the management contract again rest with the housing authority. Standards should be those that are considered and confirmed to be "best practice" by the industry.

However, in the procurement process, we are not privy to how the procurement committee evaluates each prospective bidder.

Advertiser Editorial: All stakeholders must press for KPT repairs

2009-06-07T11:05:00.000-10:00

After touring the Kuhio Park Terrace and Kuhio Homes housing project Thursday, state lawmakers are calling for a hearing into conditions at the Kalihi public housing project. And they promised residents they would press the Hawai'i Public Housing Authority to address deplorable health, safety and maintenance issues that have plagued the project for years.

It's a welcome call for action. Lifting the public housing project from its deep decline will take effort from all stakeholders — the Housing Authority, state lawmakers, residents, community leaders and more.

Sen. Donna Mercado Kim and Rep. Joey Manahan, who represent the Kalihi district, visited Kuhio Park Terrace residents featured in The Advertiser's editorials last Sunday who spoke about the years, if not decades, of neglect — chronically broken elevators that have forced disabled tenants to take the stairs, resulting in falls and injuries; unsafe aging stairwells; infestations of insects, rats and bedbugs; a lack of proper fire safety equipment; a lack of hot water; and trash chutes boarded up with plywood posing health and safety risks.

The state now faces two class-action lawsuits, one in state Circuit Court and the other in federal District Court, that seek improvements in living conditions. The federal case claims the state and the management company are in violation of the Americans With Disabilities Act.

Kim and Manahan both expressed deep frustration that improvements had not been made, despite the Legislature allocating funds years ago for some of the repairs.

That frustration is justified. While the problems span several administrations and lawmaking sessions, health and safety conditions there must be immediately addressed. Otherwise, glaring liability issues could leave taxpayers paying for the cost of that inaction.

Chad Taniguchi, executive director for the Hawai'i Public Housing Authority, which oversees the federally backed project, said the state has made progress. Two of the water boilers have been replaced. Elevators will be replaced incrementally, with the first two done next April and all of them completed in May 2011. Fire alarms should be completed in December and garbage chutes should be repaired by 2010.

Kim was far from impressed.

"I'm very frustrated and irritated with the attitude and the way Kuhio Park Terrace has been managed. This administration has been there for six years. The management company has been there over 13 years, since 1996, and yet we have the same problems," Kim said.

"We gave them the money in 2007, $500,000 to fix the trash chutes. It's a health hazard, it's very dangerous — and they haven't fixed it. They've finally gone out to bid and now they say it's going to take 10 months, sometime in 2010, which probably means at least a year — hopefully it's going to get fixed correctly."

The Hawai'i Housing Authority has had five directors in the past seven years. Taniguchi, who has held the job since 2007, said he had not heard about some of the complaints outlined by tenants. But Robert Faleafine, head of the management company, Realty Laua LLC, acknowledged many of these problems have persisted since the 1990s.

These problems surely are a red flag, and should prompt the state to thoroughly review its management contract to ensure taxpayers are indeed getting what they pay for. The three-year contract costs roughly $9 million. The company has had the contract since 1996. It's been renewed several times since.

"I grew up in public housing... I know about public housing, I feel for tenants. I sympathize with their situation. We make the most absolute effort to try to get to every single tenant's issue," Faleafine said.

Faleafine rightly points out that residents must take greater responsibility, citing residents who urinate in stairwells.

That's true. But pride of ownership would be helped enormously by providing clean, safe living conditions. While rents are subsidized, some tenants pay more than $900 a month.

Taniguchi defended the management company, stressing that Kuhio Park Terrace, built in the mid-1960s and the state's only high-rise housing project, is one of the most difficult properties to manage. "My sense is that Realty Laua is doing a good job," he said.

But the company's track record can't be ignored. In fact, when the state attempted to hire Faleafine in 2004 as manager of all of Hawai'i's 16,000 public housing units, a federal official stepped in and blocked the hire, citing KPT's broken fire protection system that had existed for years as one reason for its decision.

Indeed, longtime tenants will tell you the problems span years, if not decades.

Katherine Vaiola has lived in the complex since 1976 and in her current apartment since 1993. Vaiola, who had one of her legs amputated five years ago and has been forced to live in the kitchen area of her two-story unit for years, cried upon meeting Manahan. She told him of calls to management for general maintenance that go unanswered. Vaiola, on the waiting list for a single-story unit for years, has not been able to access her bedroom and bathroom — both located on the second floor. She hasn't taken a bath in five years, resorting to sponge baths using the kitchen sink and a plastic portable toilet in her downstairs living area.

Tenants need a voice. A resident's association must be created to to provide a better venue for them to voice concerns. Such a group can help residents do their part to improve living conditions there, including reporting vandals and crime and other longstanding problems within the project. Taniguchi said work is underway to get this done.

But Housing Authority officials must ensure tenants are free from intimidation. Many tenants have expressed fear to The Advertiser and to state lawmakers that they would be evicted if they complain about conditions.

Manahan said there's a real fear among residents. "They're afraid to speak out; they're afraid to say anything because of fear of losing their units, they feel intimidated. They're told not to talk to anybody, not to talk to reporters, or talk to the attorneys representing them," Manahan said.

While touring the site, Kim pointed to a graveyard of broken refrigerators behind the complex and demanded that they be properly disposed of.

"So if a child gets in there and dies, we'll be responsible? That is not safe. We would not let this happen on a private property. This is unacceptable," Kim said.

She's right. Now that these issues are under a bright light, it's up to the state housing officials and state lawmakers — led by Kim and Manahan — to set a course that ensures the job gets done.

We know what the problems are. It's time to work together to make it right.

Click here to go to article on-line, including video interviews.

Hearings Set in Kuhio Park Terrace Federal Case

2009-06-04T12:25:00.000-10:00

Hearings are coming up for motions in the Kuhio Park Terrace case in Federal Court.

The state's Motion to Dismiss will be heard on June 8, 2009 at 9:00a before Judge Seabright.

The plaintiffs' Motion for Class Certification will be heard on July 7, 2009 before Judge Seabright.

Video released showing deplorable conditions at KPT

2009-06-04T02:24:00.000-10:00

Today, Lawyers for Equal Justice released a video showing the deplorable conditions tenants endure at Kuhio Park Terrace.

See 3 Minute Video

Click here to download high quality version of the 3 minute video.

See 15 minute Video

Kuhio Park Terrace "KPT" Slums @ Yahoo! Video

Click here to download a high quality version of the 15 minute, video

Public Housing, Deplorable Conditions Demand Action says Advertiser Editorial

2009-06-03T02:12:00.000-10:00

On May 31, 2009, the Honolulu Advertiser ran two editorials on public housing conditions in Hawaii and, particularly, at Kuhio Park Terrace:

Deplorable conditions demand action

The minimum expected of public housing, according to multiple federal laws on the books, is that it be "decent, safe, and sanitary." It's simply unconscionable that there are still public housing projects in Hawai'i that can't even reach that low bar.

Yet for years, if not decades, Kuhio Park Terrace and Kuhio Homes have been plagued by neglect and conditions making them unfit to live in by almost any standard: chronically broken and overcrowded elevators, posing troubling challenges for disabled residents; a lack of proper fire safety equipment; trash chutes boarded up by plywood, posing safety and sanitation risks; unsafe aging stairwells; and severe infestations of roaches, rats and bedbugs.

Built in the mid-1960s, the federally backed, state-run projects are also home for roughly 3,000 lower-income residents. These residents will tell you that the neglect spans multiple administrations, and passed through dozens of legislative sessions.

They'll tell you about elevators that don't run much of the time, of the filthy, wet and slippery stairwells they can be forced to use, sometimes carrying disabled family members up and down; of units with persistent leaks in ceilings and walls; and of hot water that's rarely available due to broken water heaters.

Sii Tuia, who has suffered two strokes and has difficulty navigating stairs during the frequent elevator breakdowns, fell on wet steps that lacked nonslip treads.

Gene Strickland, whose spinal cord injury left him unable to walk unaided, can't get in and out of the shower without help. He's been asking for more than two years for hand rails to be installed in the shower; at one point he fell and was trapped between the shower and toilet for six hours until his wife came home from work.

He finally decided to install them at his own expense.

And there's Katherine Vaiola, who lives in a street-level unit in adjacent Kuhio Homes but because of an amputated leg can't get upstairs to bathe or use the toilet. Long on the waiting list for a unit with a more accessible floor plan, she is confined to the downstairs living area. For five years, she has used a plastic toilet in her living room and has taken sponge baths in the kitchen sink.

Beyond the chronic health and safety issues that demand action, liability issues just may leave taxpayers holding the bag.

The Hawai'i Public Housing Authority, which oversees the project, has long been plagued by problems of its own. The agency has had five directors in seven years. And for years it has suffered from insufficient funding for repairs at Kuhio projects or other public housing.

But armed with an infusion of capital from lawmakers about three years ago, the state embarked on a "turnaround plan" to attack its maintenance backlog.

Unfortunately, it has progressed too slowly to avert a pair of class-action lawsuits, one in state Circuit Court and one in federal District Court, that seek orders to correct numerous shortcomings in the living conditions.

In the federal case, residents are seeking accommodations for their various disabilities, charging that the state and its project managers have violated the Americans with Disabilities Act.

The residents are represented by the firm Lawyers for Equal Justice at both the federal and state suits; the latter case alleges that the housing was not kept in habitable and safe condition and breached the terms of its leases with the tenants.

Chad Taniguchi, the authority's executive director since 2007, said efforts to chip away at the problem began independently and without prompting by lawsuits. He defended the progress made so far and cited a change in contractors among reasons for delay. The six elevators will be replaced in pairs, the first two done next April, the completion of all six is by May 2011.

Two water boilers have been replaced. Fire alarms are due to be finished in December. The garbage chutes will be repaired by April 2010, he said, because a building permit is still pending. And the authority says it is working on a plan to provide more disabled-accessible units.

Mark Bennett, state attorney general, declined to comment at length on the court actions. But he did make a general characterization of the argument: "We're not saying there are no problems, but legally it doesn't justify the relief the plaintiffs are seeking, in either case."

However, some residents have waited decades for some fairly basic improvements to be made. Vaiola, for example, has lived in the complex since 1976, in her apartment since 1993. Her confinement downstairs has been going on for five years, with no relief.

Chronic inaction has prompted the tenants' attorneys to seek a court order forcing improvements to be made, in particular for the disabled tenants. They are expected this week to file for an injunction in the federal case.

"For decades, the state hasn't made the structural changes they need to make to the buildings and the premises," said attorney Elizabeth Dunne. "They haven't been following a policy to provide accommodation to people with disabilities.

"Because they continue to fail to do so, we need the court to order them to do so."

Any visitor can see — and smell — the basis for complaints. The editorial board of The Advertiser visited both projects last week and found many of the conditions persist. Noxious odors, which tenants say result from rodent feces and roach dander, filled corridors and stairwells. The single working elevator, which also reeked, was packed to the gills. Garbage chutes covered only by flimsy plywood, if at all, were within reach of young children on several floors of the high-rise. Some living units had persistent leaks in the ceilings and walls. And there was a clear shortage of parking stalls and ramps for the handicapped.

Some tenants are paying upward of $900 per month for the right to live in such conditions. Equally intolerable: Letting health and safety hazards persist here has left the state fighting these lawsuits, and vulnerable to more, with taxpayers forced to pick up the tab.

The question of whether the state has met its legal obligation to its Kuhio tenants will be answered as the court challenges play out, but the state should immediately take a hard look at its contract with the firm managing the complex, Realty Laua Inc., to ensure its duties are being fulfilled. Resident complaints about building conditions, as well as about security provided to tenants, must be addressed.

Lawmakers this session also passed a resolution demanding a management audit of state public housing projects — including the Kuhio projects. The state auditor should conduct and deliver a thorough study as quickly as possible, so that systemic problems can be properly and promptly addressed.

Additionally, the state needs to give the tenants a real voice in the upkeep of their place of residence. A tenants' association should be created, one that can serve as a sounding board and an intermediary between tenants and project managers.

Taniguchi called on residents to get involved in planned cleanup projects and overall stewardship of the property. Some of the responsibility over the care of the buildings and grounds should fall with the residents. As in many public housing projects, some tenants have been guilty of vandalism and behavior that damages the property. A tenants' group can help hold residents accountable for doing their part to keep the project livable.

But the onus remains on the state to provide — at minimum — repairs and adjustments that bring this project in line with decent health and safety standards.

It's time to fix this problem. Hawai'i's leaders have not met their obligation to the state's neediest residents. They deserve housing that's decent, safe and sanitary — anything less is a simply a disgrace.

Housing Authority should deliver

She's not one to make waves.

But Katherine Vaiola's resiliency and strength are admirable. Faced with the debilitating impact of diabetes, she fought through it; when her failing kidneys required her to have dialysis three times a week, she stayed strong; and when doctors amputated her leg at the knee, she persevered.

Now her battle is with the state.

Vaiola has been asking the Hawai'i Housing Authority for a more accessible unit; she is unable to get up the stairs in her two-story apartment.

She says she tried to get up her stairs, but her stump would bleed. She finally gave up and resigned herself to living in her kitchen area. For the past five years, she's taken sponge baths in the kitchen sink; she uses an exposed plastic portable toilet in her living room.

She and other tenants have filed a lawsuit seeking compliance with the federal Americans with Disabilities Act.

The state should work with these tenants to meet some of these basic needs.

The waiting list for public housing is long — as are the maintenance and repair needs.

But these tenants have waited long enough. It's time to do the right thing.

Judge Allows KPT Case to Continue in State Court, Despite State's Objections

2009-05-15T13:48:00.000-10:00

On May 14, 2009, the Honorable Judge Sabrina McKenna denied in part and granted in part the State's motion to dismiss the habitability action brought by tenants at KPT (Faletogo v. Hawaii). The opinion can be viewed here.

The Court upheld the right of plaintiffs to pursue their major claims--breach of lease, breach of warranty of habitability, and breach of management contract (upholding the tenants claims as third party beneficiaries). The Court dismissed the tenants' unfair and deceptive practices claims, finding that the State had not waived sovereignty on those issues (i.e. ruling on state's rights grounds, rather than substantive issues) and found that Plaintiffs' claim for medical monitoring may be an appropriate remedy, but is not properly plead as a separate cause of action.

This victory allows Plaintiffs to pursue their claims for injunctive relief and monetary damages for the State's failure to maintain safe, habitable housing at Kuhio Park Terrace.

Victor Geminiani discussed the ruling, stating,"Tragically, the state of Hawaii has been arguing that they are not legally or morally bound to provide for any minimum level of services or conditions in public housing. It is clear from Judge McKenna's opinion that the state's position is absurd. It is also tragic that the state is spending so much energy and money in the defense of their argument and so little to provide tenants in KPT with hot water, sanitary garbage disposal, eradication from vermin, the basic elevator service and assistance for those that are disabled. In other state's the Attorney General's office is used to enforce rights, not defend against the state's illegal actions."

The State's motion to dismiss the tenants' federal disability discrimination claims will be heard in Federal Court on June 8, 2009 at 9:00 a.m.

Honolulu Advertiser: Help for homeless children noticed

2009-03-11T09:49:00.000-10:00

Advertiser Education Writer

Hawaii ranks 3rd in providing access to school, support services

By Loren Moreno
Advertiser Education Writer

Hawai'i is among the best in the nation — ranking third — at caring for homeless children, having decreased barriers to education and ensured access to support services, according to a new report released by the National Center on Family Homelessness.

The report, "America's Youngest Outcasts: State Report Card on Child Homelessness," says the state has attempted to remove barriers homeless children encounter when enrolling in public schools, provides appropriate transportation to and from school and provides equal access to support and tutoring services.

Daniel Hamada, assistant superintendent for curriculum, instruction and student support, said the report acknowledges the work the state has been doing to revamp the way in which it helps homeless children.

"Kids are the victim in this," Hamada said. "Our focus has been to break down the barriers they may face in achieving," he said.

The report highlights the state's low percentage of homeless children, saying the extent of Hawai'i's homeless problem is less severe than that of many other states. About 0.6 percent, or 1,566 children, are homeless in Hawai'i, according to federally reported data. Louisiana, with 18.7 percent of its children homeless, ranked at the bottom of the list.

But the report also found that Hawai'i's housing costs outpace wages, putting many Island children at high risk of becoming homeless. Hawai'i's average wage earner makes $12.42 an hour; at that wage, 93 hours per week must be worked to afford fair market rent in Hawai'i. For families in that position, a minor event such as an illness in the family could push the family out onto the streets.

The report comes just seven months after the state settled a federal lawsuit alleging homeless children around the state were being denied equal access to public education.

The settlement required that the state improve its transportation services to and from schools for families living in shelters, cars or on the beach. The DOE was also pushed to improve the way in which the state identifies homeless children.

Even before the lawsuit was settled, Hamada said the DOE changed its enrollment forms and procedures to better identify homeless families and inform them of the services that are available.

Under the federal McKinney-Vento Act, states are required to provide transportation to and from school and allow homeless families to choose which school they'd prefer their child to attend. The state currently receives about $200,000 a year under McKinney-Vento.

Hamada said many homeless families are transient, and rather than force families to transfer their child to a different school each time they move, the DOE allows families to choose where they'd like their child to attend school. The DOE then provides various transportation options.

"Depending on the individual situation, we may provide a bus, a mileage allowance or a (city) bus pass for older students," Hamada said.

The public school system also employs 16 liaisons for the homeless to coordinate services with the school and families. Schools are equipped to provide behavioral health support, counseling and tutoring services, Hamada said. Schools also coordinate with the state Department of Health and shelters for services such as immunizations and healthcare.

But the report also found that homeless children in Hawai'i do not perform at the same academic level as other students.

Measured using the federal National Assessment of Educational Progress standards, Hawai'i's homeless children and children living in poverty score well below in reading and math proficiency than kids who are not at an economic disadvantage.

Glen Kila, principal of Kamaile Elementary School, said schools in communities with a high concentration of homeless children often have to focus on providing necessities — soap, school supplies and meals — in addition to educational services.

Teachers often volunteer their time before and after school to provide tutoring services to help children who fall behind, he said.

At Kamaile, a public charter school, some 75 students come from families that have identified themselves as homeless. But Kila said the actual number is probably more.

"They live in fear. They're afraid of being found out by Child Protective Services," Kila said.

So the challenge for public schools is identifying the families and communicating the services that they can receive. For instance, Kamaile opens its doors as early as 6:30 a.m., knowing that many homeless parents must catch the bus early to go to work. The school even provides kids with backpacks, school supplies and school uniforms.

"We have washer machines, dryers, whatever it takes," Kila said.

Reach Loren Moreno at lmoreno@honoluluadvertiser.com.

LEJ endorses cap on interest rates

2009-02-27T05:36:00.000-10:00

Lawyers for Equal Justice endorses a cap on interest rates for consumer credit at 36 percent annually. The “Protecting Consumers from Unreasonable Credit Rates Act” would implement a key promise made by President Obama to extend to all Americans Congressional protection against predatory lending for Service members and their families. By limiting the total cost of consumer credit to 36 percent, Congress will keep billions of dollars in the hands of low and moderate-income consumers, helping to stimulate the economy without costing taxpayers a penny.

Many other organizations joined in coalition to support this bill. Click here to read the entire letter.

LEJ Serves Veterans

2009-02-26T11:07:00.000-10:00

The Veteran's Project at Lawyers for Equal Justice serves veterans, ensuring full access to benefits. An article by our Executive Director Victor Geminiani was published in the Winter 2008 Management Information Exchange on these important issues.

Click here to read the article.

Honolulu Advertiser: Bill targets housing authority

2009-02-16T15:20:00.000-10:00

Lawmakers want more oversight for troubled public housing facilities

by Mary Vorsino
Advertiser Urban Honolulu Writer

Lawmakers are considering appointing a special master and an advisory council to oversee rehabilitation of public housing projects in the Islands — a move the state attorney general says could cause conflict with the existing public housing director and board.

State Sen. Norman Sakamoto, chairman of the Education and Housing Committee, says Senate Bill 734 is meant to keep the housing authority on track to revamp an aging public housing inventory that has hundreds of millions of dollars in backlogged maintenance needs.

He added the measure is not meant to usurp the Hawai'i Public Housing Authority, but to supplement the work being done to tackle the longstanding problems at public housing during tough fiscal times.

The bill, which has passed through the Education and Housing Committee, is largely in reaction to a recent federal court class-action lawsuit against the public housing authority, which says conditions at Kuhio Park Terrace in Kalihi are well below substandard and points to broken elevators, water heaters and sewage lines. Sakamoto said the suit likely will result in the court appointing a special master of its own.

But he said there's no reason to wait for that.

"This is sort of trying to be proactive," he said.

The bill comes as the public housing authority is in the midst of a turnaround plan aimed at repairing vacant units, addressing health and safety needs, and improving rent collection, among other things.

Public housing officials are also considering redevelopment proposals for projects in the worst shape, including Kuhio Park Terrace.

State Attorney General Mark Bennett, in testimony to the Senate Education and Housing Committee, said recent momentum to improve conditions at public housing could be lost if a new layer of decision-makers is added to the mix. He also said confusion could ensue.

"The bill, in effect, creates another system to deal with issues that come under the purview of ... (the housing authority) and its board of directors," Bennett said, in his testimony. "This could lead to much confusion and conflict and delay the intended results for the benefit of public housing tenants."

Chad Taniguchi, executive director of the housing authority, also opposes the special master and advisory council proposal. "The primary thing that we need is ... funds," he said, "rather than a master to tell us what to do."

The bill says that the special master, chosen by a committee of legislators, and the advisory council would "ensure a timely response ... in resolving the health and safety violations at public housing projects."

The special master and council would help oversee work at public housing projects starting in the coming fiscal year, then cease to exist in 2013. It was unclear how much the creation of the special master position and all-volunteer advisory council would cost.

The measure has support from Lawyers for Equal Justice, which helped file the class-action lawsuit on behalf of residents at Kuhio Park Terrace and Kuhio Homes, a neighboring project. Elizabeth Dunne, senior staff attorney for the group, said in testimony that the significant problems at the projects are illustrative of "systemic" issues at the housing authority.

She said the special master and council are especially needed "given the immediacy and severity of these health and safety problems."

Honolulu Advertiser Editorial: Housing office gets it: Rehab is urgent need

2009-02-10T14:36:00.000-10:00

The state of Hawai'i's stock of public housing units, both in quantity and quality, is a problem that should be attacked with the urgency often missing in government work.

So when leaders of the Hawai'i Public Housing Authority show determination to speed improvements to two major public housing projects, that shines as a bright spot among efforts to meet low-income housing needs.

Specifically, the authority has decided to press ahead with the requests for proposals to rehabilitate Kuhio Park Terrace and Kuhio Homes, two of Honolulu's largest — and most dilapidated — projects, totaling 748 units.

Ordinarily the authority would have first hired a consultant to make recommendations on the redevelopment plans. Travis Thompson, HPHA chairman, has said a consultant still may be retained for advice on the proposals that come in, and that would be a wise investment.

But he also rightly pointed out that given the pressing need, it's smarter to get the process moving quickly: The state has been sued over the conditions at the projects, and the heavy demand for the units will surely increase through the months of economic distress ahead.

An unsolicited proposal came in from Urban Housing Communities, a California developer, but the agency is casting a wider net in its request for proposals. Urban Housing's fee amounts to about 10 percent of development costs, and — judging by rehabs undertaken recently in other cities — public housing experts say that's high, considering that 25 percent of the units would be at higher rents.

The fee the development company charges up front helps to offset its risk; the state must ensure that the security offered to existing tenants justifies that fee.

Also: The tenants should be brought into the planning process as early as possible. They need assurances about their housing security during a period of economic instability.

Finally, while other public-housing projects have not been targeted by a lawsuit, the state would be wise to use the same streamlined process to bring those up to standard, as well. The Kuhio upgrades, executed with guidance from success stories elsewhere, should serve as a model for bringing Hawai'i's public housing into the 21st century.

Honolulu Advertiser: Public housing plan touted

2009-02-08T14:44:00.000-10:00

Calif. firm's proposal to fix Kalihi projects spurs state into action

By Mary Vorsino
Advertiser Urban Honolulu Writer

A California affordable housing development company has proposed a $239 million rehabilitation of Kuhio Park Terrace and Kuhio Homes that would cost the state nothing up front and preserve 75 percent of the units at the public housing projects for the neediest.

The unsolicited proposal is not being actively pursued because officials have already said they want no public housing units lost in redevelopment. But the plan has spurred plenty of excitement among public housing officials and some advocates, who say it illustrates how redevelopment is a possibility for even the most dilapidated projects. It has also prompted officials to move faster with their revamp plans for the two projects, which have 748 units.

Last week, the Hawai'i Public Housing Authority decided to forgo bringing in a consultant to study redevelopment plans for the public housing projects. Instead, HPHA chairman Travis Thompson is writing a request for redevelopment proposals himself. He said the document will likely be issued as early as next month.

Thompson added he wants to choose a redevelopment firm for Kuhio Park Terrace and Kuhio Homes as early as August, which could mean rehabilitation at the projects could kick off in mid-2010.

That is considerably faster than the timeline the HPHA was working off of last month, when officials hoped to issue a request for proposals in August and choose a developer by January 2010.

"The unsolicited proposal ... gave some really good ideas of the quality of what's possible," Thompson said. "I'm working on the side of let's get going. Let's try this (at KPT) and let's make it a model."

The proposal, from Santa Ana-based development firm Urban Housing Communities, would rehabilitate Kuhio Park Terrace and Kuhio Homes using several funding sources, including federal low-income housing tax credits and tax-exempt private activity bonds.

Under the plan, the state would sell the buildings at Kuhio Park Terrace and Kuhio Homes to Urban Housing with deed restrictions to require affordability and lease the land under the buildings for 55 years. After that period, the state could buy back the projects.

The proposal would not require state appropriations.

Doug Bigley, chief executive officer and president of Urban Housing, said the proposal was submitted to show Hawai'i housing officials how redevelopment is possible even in tough financial times.

Under the proposal, 50 percent of the units at the developments would remain public housing, 25 percent would get Section 8 project-based vouchers (so they would be subsidized) and 25 percent would have slightly higher rents, though they would still be for the poor.

"KPT can be fixed, and we can fix it," Bigley said.

The proposal comes as the state is grappling with how to address claims in a recently filed federal class action lawsuit, which alleges the conditions at Kuhio Park Terrace are well below substandard and points to broken elevators, hot water heaters and sewage lines.

State officials have said they are looking to mixed-income redevelopment, designed to revamp structures and add higher-income apartments to existing projects to bring in more revenue for upkeep, as a solution for as many as seven dilapidated public housing projects.

Many say the alternative is tearing down or selling buildings, especially in these tight fiscal times. Already, the state has a mounting list of backlogged repairs at public housing projects in the Islands.

At KPT alone, which is the largest public housing project in Hawai'i, there is an estimated $67 million in improvement needs right now, according to a 2003 assessment, the most recent.

Public housing administrators and advocates started last year introducing the concept of mixed-income redevelopment to public housing residents, while also pledging that no public housing units would be lost in redevelopment. Thompson said a "one-for-one" replacement is key, given the state's lack of affordable rentals.

But he added that a one-for-one replacement doesn't necessarily have to be on site. That means one project could in theory get smaller, while another one got larger. "As long as you have ... the same number of units," Thompson said recently. "It's been a ground rule."

The Urban Housing proposal does have its critics, though.

Drew Astolfi, lead organizer for Faith Action for Community Equity, which is working on getting the word out about mixed-income development among public housing residents, said the developer's fee under the proposal - about $10 million — is fairly high.

The fee, under the proposal, would be accrued through rents and other income streams over 15 years. He said the state should consider capping the fee at 1 percent to 2 percent of the total rehabilitation costs.

There are also remaining questions about how redevelopment would work, including where people would move when construction is being done and what amount of oversight the state would have over redeveloped sites, which would in theory be partially privatized.

Lowell Kalapa, an affordable housing advocate and Tax Foundation of Hawaii president, said those details can be worked out and said the state would still have lots of say over how a project was run under mixed-income redevelopment, even though the state probably wouldn't own or manage the buildings in a project.

"One of the misconceptions is you're going to get rid of public housing," he said. "This is not taking it out of the public domain, but putting it in private hands so we can attract federal subsidies."