Fair Housing Act Complaint - Hawaii

HAWAII FAIR HOUSING COMPLAINT (HRS CHAPTER 515)

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Administrative Prerequisites
5. Factual Allegations
6. Count I — HRS Chapter 515 (HRS § 515-3, § 515-16)
7. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
8. Count III — Reasonable Accommodation / Modification (Disability)
9. Damages
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Signature and Service
14. Certificate of Service
15. Hawaii Practice Notes
16. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT

STATE OF HAWAII

CIVIL NO. [____]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — DISCRIMINATION IN A REAL PROPERTY TRANSACTION

1. Violation of HRS Chapter 515 (Discrimination in Real Property Transactions);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification.

DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, ISLAND/COUNTY], Hawaii. Plaintiff is a person aggrieved by a discriminatory practice in a real property transaction within the meaning of HRS ch. 515 and an "aggrieved person" under 42 U.S.C. § 3602(i), and possesses one or more protected bases under HRS § 515-3, specifically: [PROTECTED BASIS/BASES].

2.2. Defendant Owner / Housing Provider. Defendant [DEFENDANT NAME] ("[SHORT NAME]") is, and at all relevant times has been, an owner or other person engaging in a real estate transaction, and is subject to HRS ch. 515 and the federal Fair Housing Act.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee / agent] of [SHORT NAME] acting within the course and scope of that agency, and is sued individually.

2.4. Additional Defendants. Defendant [REAL ESTATE BROKER / SALESPERSON / LENDER] is named with respect to [brokerage services / financing / real estate transaction] under HRS § 515-3 and § 515-5.

2.5. The Subject Real Property. The housing at issue is located at [PROPERTY ADDRESS] ("the Property"), which is a housing accommodation / real property within the meaning of HRS § 515-2 and 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has jurisdiction over the HRS chapter 515 claims following the issuance of a notice of right to sue and/or an election to file a civil action in lieu of an administrative hearing under HRS § 515-9, and pursuant to HRS § 603-21.5.

3.2. Federal claims. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613.

3.3. Venue. Venue is proper in the [First / Second / Third / Fifth] Circuit because the discriminatory practice occurred and the Property is located within this Circuit.

4. ADMINISTRATIVE PREREQUISITES

4.1. On or about [DATE], Plaintiff timely filed a complaint with the Hawaii Civil Rights Commission ("HCRC"), HCRC No. [____], alleging the discriminatory real property transaction practices described herein.

4.2. Plaintiff [obtained a notice of right to sue from the HCRC under HRS § 515-9(2) before a finding of reasonable cause / elected to file a civil action in lieu of an administrative hearing after a reasonable-cause finding under HRS § 515-9(3)]. A true and correct copy of the notice of right to sue is attached as Exhibit A.

4.3. This civil action is timely commenced within ninety (90) days of receipt of the notice of right to sue, or within one (1) year after the filing of the HCRC complaint, whichever is later, as provided in HRS § 515-9.

4.4. Plaintiff has thereby satisfied all administrative prerequisites to suit under HRS ch. 515 and ch. 368.

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff [applied to rent / sought to purchase / was a tenant of / sought financing for] the Property.

5.2. Plaintiff possesses the following protected basis/bases under HRS § 515-3: [IDENTIFY — race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; or human immunodeficiency virus (HIV) infection].

5.3. At all relevant times Plaintiff was [qualified to rent / qualified to purchase / a tenant in good standing] and met Defendants' legitimate, non-discriminatory requirements.

5.4. Discriminatory practice. Defendants engaged in one or more of the following discriminatory practices in a real estate transaction because of Plaintiff's protected basis (check all that apply):

☐ Refusal to engage in a real estate transaction (HRS § 515-3(a)(1); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges, or in facilities or services (HRS § 515-3(a)(2); 42 U.S.C. § 3604(b))
☐ Refusal to receive or transmit a bona fide offer (HRS § 515-3(a)(3))
☐ Refusal to negotiate for a real estate transaction (HRS § 515-3(a)(4))
☐ False representation of unavailability; failure to bring a listing to attention; or steering (HRS § 515-3(a)(5); 42 U.S.C. § 3604(d))
☐ Discriminatory notice, statement, or advertisement (HRS § 515-3; 42 U.S.C. § 3604(c))
☐ Requiring HIV testing as a condition of a real estate transaction (HRS § 515-3(a)(7)) — Hawaii-specific protection
☐ Refusal to permit a reasonable modification of the premises (HRS § 515-3(a)(8); 42 U.S.C. § 3604(f)(3)(A))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (HRS § 515-3(a)(9); 42 U.S.C. § 3604(f)(3)(B))
☐ Discrimination in financing / lending (HRS § 515-3; 42 U.S.C. § 3605)
☐ Harassment or creation of a hostile housing environment
☐ Retaliation, threats, coercion, intimidation, or conspiracy (HRS § 515-16; 42 U.S.C. § 3617)

5.5. Specifically, Defendants engaged in the following conduct:

• [SPECIFIC INCIDENT 1 — date, decision-maker, conduct, words spoken, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

5.6. [Comparator evidence, if available: Similarly situated applicants or tenants without Plaintiff's protected basis were treated more favorably, including [DESCRIBE].]

5.7. [Where applicable — disability:] Plaintiff has a disability within the meaning of HRS § 515-2 and 42 U.S.C. § 3602(h), namely [DESCRIBE FUNCTIONAL LIMITATION]. On or about [DATE], Plaintiff requested [the reasonable accommodation / modification of: DESCRIBE] (which may include an assistance animal), which was necessary to afford Plaintiff an equal opportunity to use and enjoy the Property. Defendants [denied the request / failed to respond / imposed unreasonable conditions / retaliated].

5.8. As a direct and proximate result of Defendants' conduct, Plaintiff suffered the harm described in the Damages section below.

6. COUNT I — HRS CHAPTER 515 (HRS § 515-3, § 515-16)

6.1. Plaintiff incorporates Paragraphs 2.1 through 5.8 as though fully set forth.

6.2. HRS § 515-3 makes it a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, to engage in the enumerated acts because of race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; or HIV infection.

6.3. Defendants committed a discriminatory practice by engaging in the conduct alleged in Paragraph 5.4 because of Plaintiff's protected basis.

6.4. Defendants further retaliated against, threatened, coerced, or conspired to discriminate against Plaintiff in the exercise of rights protected by HRS ch. 515, in violation of HRS § 515-16.

6.5. As a direct and proximate result, Plaintiff is entitled to the full range of remedies under HRS § 515-13 and HRS § 368-17, including actual damages, punitive damages (as determined under standards prescribed by the Hawaii Supreme Court), injunctive and affirmative relief, and reasonable attorneys' fees and costs.

7. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

7.1. Plaintiff incorporates Paragraphs 2.1 through 5.8 as though fully set forth.

7.2. The federal Fair Housing Act makes it unlawful to refuse to sell or rent, to discriminate in the terms or conditions of housing, to make discriminatory statements, or to otherwise make housing unavailable because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

7.3. Defendants' conduct alleged in Paragraph 5.4 constitutes discrimination in violation of 42 U.S.C. § 3604(a)–(d) and, where lending or real estate-related transactions are at issue, 42 U.S.C. § 3605.

7.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of FHA-protected rights, in violation of 42 U.S.C. § 3617.

7.5. Pursuant to 42 U.S.C. § 3613, Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs. There is no federal cap on compensatory or punitive damages in a private FHA action.

8. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

8.1. Plaintiff incorporates Paragraphs 2.1 through 5.8 as though fully set forth.

8.2. Plaintiff is a person with a disability within the meaning of HRS § 515-2 and 42 U.S.C. § 3602(h).

8.3. Under HRS § 515-3(a)(8)–(9) and § 515-4 and 42 U.S.C. § 3604(f)(3), it is a discriminatory practice to refuse to permit, at the disabled person's expense, reasonable modifications, or to refuse to make reasonable accommodations in rules, policies, practices, or services (including assistance-animal accommodations), when necessary to afford an equal opportunity to use and enjoy a housing accommodation.

8.4. Plaintiff requested the reasonable accommodation/modification described in Paragraph 5.7, which was necessary and reasonable, and Defendants unlawfully denied or failed to engage in the interactive process regarding that request.

8.5. As a direct and proximate result, Plaintiff has suffered damages and is entitled to relief under HRS § 515-13 and 42 U.S.C. § 3613.

9. DAMAGES

9.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving expenses, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, mental anguish, anxiety, and loss of dignity arising from the discrimination.

9.3. Punitive damages: Defendants acted intentionally, willfully, wantonly, and/or with reckless disregard for Plaintiff's protected rights, warranting punitive damages under HRS § 368-17 (as determined under standards prescribed by the Hawaii Supreme Court) and 42 U.S.C. § 3613(c).

9.4. Civil penalties: Available against respondents found to have engaged in discriminatory practices in administrative enforcement before the HCRC under HRS ch. 515 / ch. 368 and under the federal enforcement scheme.

9.5. Attorneys' fees and costs: Recoverable by the prevailing party under HRS § 515-13, HRS § 368-17, and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For damages for emotional distress, humiliation, and loss of dignity;
• C. For punitive damages under HRS § 368-17 and 42 U.S.C. § 3613(c);
• D. For a declaration that Defendants' conduct violated HRS chapter 515 and the federal Fair Housing Act;
• E. For injunctive and affirmative relief, including an order that Defendants cease the discriminatory practices, make the Property available to Plaintiff, grant the requested accommodation/modification, and adopt non-discriminatory policies and training;
• F. For reasonable attorneys' fees and costs under HRS § 515-13, HRS § 368-17, and 42 U.S.C. § 3613(c)(2);
• G. For pre-judgment and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Hawaii that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the matters stated therein are true of my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

Executed on [__/__/____] at [CITY], Hawaii.

[________________________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Hawaii Bar No. [____]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____]

Email: [____]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing COMPLAINT to be served on the following parties by [method — personal service per HRCP Rule 4 / electronic service via JEFS per HRCP Rule 5]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

15. HAWAII PRACTICE NOTES

• Enforcing agency. The Hawaii Civil Rights Commission (HCRC), within the Department of Labor and Industrial Relations, investigates and adjudicates discrimination in real property transactions under HRS ch. 515 and ch. 368.
• Administrative charge vs. court suit (election/right-to-sue model). Hawaii is primarily an administrative-exhaustion regime. A complaint is filed with the HCRC; the HCRC may issue a notice of right to sue before a reasonable-cause finding upon the complainant's written request (HRS § 515-9(2)), or, after a reasonable-cause finding, a party may elect to file a civil action in lieu of an administrative hearing (HRS § 515-9(3)). The HCRC will provide legal representation to the complainant where an election is made.
• Limitations periods. The HCRC must complete its investigation within 100 days and reach a final administrative disposition within one year of the complaint (HRS § 515-9). A civil action following a notice of right to sue must be filed within NINETY (90) DAYS of receipt of the notice, or within ONE (1) YEAR after the filing of the HCRC complaint, whichever is later (HRS § 515-9). The parallel federal route allows a HUD complaint within ONE (1) YEAR (42 U.S.C. § 3610) and a private federal civil action within TWO (2) YEARS (42 U.S.C. § 3613(a)).
• Hawaii-specific protected bases. HRS § 515-3 protects race; sex (including gender identity or expression); sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. HRS § 515-3(a)(7) also specifically prohibits requiring HIV testing as a condition of a real estate transaction.
• Remedies. HRS § 515-13 incorporates the remedies in HRS § 368-17, which include actual damages, punitive damages (per standards prescribed by the Hawaii Supreme Court), injunctive and affirmative relief, and attorneys' fees and costs. There is no statutory cap on compensatory or punitive damages under chapter 515.
• Forum / removal. The HRS chapter 515 civil action lies in circuit court. Adding federal FHA counts permits removal to the U.S. District Court for the District of Hawaii.
• Unsettled / verify (IMPORTANT): The orchestration anchor suggested HRS § 515-3 includes "source of income." It does NOT — the § 515-3(a) protected-basis list does not enumerate source of income. Counsel should verify whether any later amendment or a separate statute/county ordinance (e.g., a county fair housing ordinance) adds source-of-income protection before pleading it. Confirm the exact current text of § 515-3, § 515-9, and § 515-13 before filing.

16. SOURCES AND REFERENCES

• HRS ch. 515 (Discrimination in Real Property Transactions) — https://law.justia.com/codes/hawaii/title-28/chapter-515/
• HRS § 515-3 (discriminatory practices; protected bases) — https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-515-3/
• HRS § 515-9 (commission jurisdiction; notice of right to sue; civil action election) — https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-515-9/
• HRS § 515-13 (remedies), § 515-16 (retaliation/conspiracy), § 368-17 (remedies including punitive damages)
• Hawaii Administrative Rules § 12-46-301 et seq. (Real Property Transaction Discrimination) — https://labor.hawaii.gov/hcrc/find-a-law/hawaii-administrative-rules-20/
• Hawaii Civil Rights Commission — https://labor.hawaii.gov/hcrc/
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3604, § 3605, § 3613, § 3617
• 24 C.F.R. Part 100 (HUD Fair Housing regulations)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaii must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.