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.