PUBLIC Day 1 Fair Housing 2024 Q&A.xlsx

	A	B	C
1	Question	Answered?	Notes

2	How does a landlord protect themselves from false accusations by tenants?		Review policies to make sure they are not discriminatory; apply those policies equally across the board; document everything
3	-How landlords can protect themselves from false accusations by tenants -Clarification on applicability of Mrs. Murphy exception		The exceptions under both state and federal law are limited and specific - best to look at the actual text of the law to ensure the exception applies. Also, to be clear, the Mrs. Murphy exception applies to federal law but not state law.
4	Can landlords turn down tenants with emotional support animals?	answered live/in presentation
5	Living in a single person home, I have neighbors with four persons living in our 1-bedroom apartment. Rent has gone up due to increase in utility costs. Fair Housing protects the number of occupants. The rental hikes affect me, a single income household, trying to stay afloat in today's inflated economy, compared to a three-income household of working individuals (the fourth is a minor). How are we to be protected by this?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
6	Does LL no pet policy apply to emotional support animals? Service animals are specifically trained to provide assistance, and are not emotional support animals. What is the difference between an emotional support animal and a pet. Are there limits as to what can be classified an emotional support animal -- species, weight, disposition, etc.	answered live/in presentation
7	In what circumstances can a tenant vacate a unit before the lease is up, and what steps does a tenant need to take to vacate the unit? What kind of penalty can the landlord impose?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
8	disclosure-what we can/cannot ask as proof of a DV situation		Thank you for your questions! We will be covering this topic in Week 3: Domestic Violence and VAWA
9	[Laws, policies, rules, regarding] landlord installing cameras inside and outside of the rental [?]		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
10	senior housing protections [related to fair housing?]	Answered in presentation	Answered in presentation. Age is a protected class in the state of Hawai'i. See H.R.S. 515 for additional information.
11	why were tenants already receiving subsidized rent able to receive additional grant money covering several months of rent or electricity LIHEAP or qualify to buy self-help housing?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
12	What improvements have been done the last couple of years to secure housing for people with disabilities, especially on the outer islands? Why is the percentage of accessible units so low compared to the actual demand? The laws/requirements/policies and procedures have to adjust to the actual market (keyword "silver tsunami) - there are many disadvantages for people with disabilities and others with access and functional needs in securing housing.		Answered in presentation.
13	being on Maui I would love some expert InSite on best practices when people from the mainland are looking to buy locally, especially sensitive due to the fire. There are people living on the beach still. its horrible, what can we do as a group to help get the displaced into housing and still do business with mainlanders in a sensitive way. I feel like we should all discourage it at this point, but that wont put food on the table. How do we navigate this sensitive issue? mahalo		Thank you for your question! We will be covering this topic in Week 2: Fair Housing Post-Disaster
14	More info on curbsing false ESA abuse in the allowed ways.	Answered in presentation
15	TVNCU properties - there a neighborhoods in which these lay vacant for weeks sometimes months at a time yet when they do rent out it is very expensive weekly; why have the grandfathered permits remained?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
16	What is the most recent update of Fair Housing Laws and any issues we should avoid before getting problems and the current status of service aminals and emotional animals.	Answered in presentation
17	Given the Governor's extension on housing, how can a landlord raise rents?		Thank you for your question! We will be covering this topic in Week 2: Fair Housing Post-Disaster
18	Is there a limit of how many Service animal one can have? Versus if there is a limit in an apartment versus a house? Does a breed matter or size of the animal?	answered live/in presentation
19	I would be interested to hear any information/updates about how effective the law banning discrimination against Section 8 voucher holders has been (success, loopholes, challenges).		Topic suggestion
20	How do you help someone who is non-compliant and chooses not to participate?
21	smoking on properties. Advise on medical marijuana allowed on property.	Answered QAs	Smoking (even marijuana smoking) can be banned or restricted on properties. However, medical marijuana can be a reasonable accommodation for disabilities and would need to be analyzed in that way (under state law but not federal law). -Marcus
22	[Does fair housing apply to] Supportive Housing / Reentry Housing	Answered
23	Special Accommodation for a animal. Can the Landlord/Condo require a letter from a Mental Health provider verifying the requirement/need for the animal ?	covered in presentation
24	Strategies for rental controls and homelessness prevention with the rise in cost of living		Topic suggestion
25	Reexamination of income eligibility is urgently needed when the primary head of household must provide caregiving and have an aging disabled parent move into their subsidized household through HUD based programs. Currently, one must face the repercussions of counting the non-housing subsidized aging parent's income to get them qualified to add to the household. However, the aging parent’s income must be used for medical needs, such as In-home support services, and other acute care of the aging parent who is unable to live independently. Due to children and parents belonging to the Baby Boomer Generation, there is a developing crisis of providing care for aging parents who can no longer live alone and if the adult 55+yr old child is living in subsidized housing the aging parent who is unable to live alone would disqualify the adult child with subsidized housing due to the increased household income that should not be counted, especially when it is being used to provide care for the aging parent. Please address this developing issue.		Topic suggestion
26	Please discuss retaliation and what to do about it after submitting FHA disability accommodation request.	covered in presentation
27	I would love and really appreciate any and all information regarding the rights of our homeless keiki and thier ohana! I am a strong advocate for them here at our Homeless Shelter and want to make sure I learn as much as I can to support them and us in the work we do with them!!		Topic suggestion
28	How to deal with emotional support animals in a no pet building. Service animals are trained to provide a specific service, emotional support animals are not subject to any regulations or rules. How does a LL deal with T request for emotional support animal, where other T may lease because of allergies and need no pet building?	covered in presentation
29	How are we supposed to afford housing if we are making $20/hour but mortgage is $8,000/month
30	is income a protected class in hawaii? How can property managers work with the elderly who consistently violates house rules or are delinquent?		Beginning May 1, 2023, Hawaiʻi law prohibits landlords from discriminating based on an applicant’s or tenant’s participation in a housing voucher program. Landlords can be fined up to $2,000 for a first offense and more more subsequent offenses. For more information see Haw. Rev. Stat. § 368F-2 and the materials at https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may-1-2023/
31	Hoarders - A recent incident in a Condo. 911EMS called to a unit. Upon arrival HFD had to removed numerous items in the unit in order to reach the 911 caller. they took pictures of the condition and sent them to DPP. DPP issued a letter to the owner requiring the unit to be cleared to comply with Honolulu ROG 16a-2.1 https://codelibrary.amlegal.com/codes/honolulu/latest/honolulu/0-0-0-16356#JD_Ch.16AArt.2 We were told Hoarders fall under Mental Illness, thus protected under Fair Housing. How does a Condo balance the Honolulu ordinance and Fair Housing?		It is true that hoarding may be considered a covered disability under our fair housing laws, but that does not mean a person with a hoarding disability is exempt from rules and policies that apply to everyone, e.g., paying rent, complying with safety standards, etc. Can discuss how a person in this situation might make a reasonable accommodation and how that would be analyzed. -Marcus
32	How do we help locals have some preference without violating Fair Housing rules
33	what is HUD doing to address problem of corporate landlords evicting tenants in pursuit of higher profits? how is HUD addressing situation of corporate landlords buying out mom & pop landlords who have provided affordable housing?
34	How do you deal with owners and neighbors that only object to the tenant because they are a recovering drug user with possible police record.
35	What is the right verbiage to address concerns without saying the wrong things in regards to fair housing concerns?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
36	Workforce Housing, Workforce Development, and the economic importance of Early Childhood education or childcare and afterschool programs to improving the quality of life for kamaaina and an engaged and productive workforce.		Topic suggestion
37	To what extent does an assistance animal, specifically dogs, pose a dangerous threat to others and may be removed from units belonging to community associations?		Direct threat analysis for reasonable accommodation. Also, this question presents a good opportunity to discuss reasonable restrictions under HAR in general. -Marcus
38	what descriptive words in a listing or homeshowing that are common but should be avoided due to fair housing	Asked in QAs
39	Renterʻs fears/rights if landlord not renewing lease to get FEMA money for fire survivors		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
40	[Can] Tenants that commit fraud [remain] in public housing		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
41	Can property managers close community park if the only problem is graffiti? And if so, how long can it be closed? Can property managers give violations to residents for their children playing on sidewalks considering park closed and if the children is being supervised with their parents watching them from afar.
42	What does HUD do to assist with the security deposit on rentals? Is it possible to assist with a portion of this payment?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
43	How to address unrealistic rental price increases by landlords. Can Hawaii set fair/standard prices for housing?
44	Is it required for Hawai'i Public Housing Projects to complete all renovation or redevelopment projects once the families have been temporarily relocated with the hopes of returning to their original home?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
45	Is a rent cap a possibility for Oahu?
46	Can a landlord enter a property with 2 days notice to show a unit if a client refuses to let the landlord in?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
47	Updated contact list for City and State owned properties		Please contact the City and County of Honolulu Real Property Assessment Division for additional information.
48	In “Fair Housing 101” include a statement of the legal) Fair Housing Act’s definition of a qualified person with a disability who may request / receive an approved reasonable accommodation	covered in presentation
49	Regarding the new law for landlords owning 4+ properties, if the landlord owns less than 4 units, can they advertise "No vouchers accepted"?	Answered in QAs
50	If a property manager is told by their owner that has less than four units that they do not want to accept Section-8, is this permissible for the property manager to enforce?
51	Is it allowable for Landlords with units that they know won't pass Section 8 inspection or will otherwise not be approved by S8 to indicate that in their advertisement?
52	If a owner owns less than 4 properties, are they allowed to advertise as "No Section 8"?
53	What about "not HUD approved'" in advertising?
54	May I request a copy of the presentation slides as well:	Yes	Info for all four Fair Housing webinars this month will be uploaded to the DCS website. This will include videos of each session, PowerPoints, and Q&As. A link will be provided as soon as it's available.
55	Would it be discrimination if you are denied housing because you are perceived to be of a protected class, but are not a part of that class? For example, being denied housing because you are perceived as gay, but are not gay.	Answered Live in QA	The answer is yes. -Marcus
56	Of the total number of complaints filed, how many were denied		https://www.capitol.hawaii.gov/reportstoleg/reportuploads/Butay_Kouchi-SaikiHCRCReportdtd12.01.2023_12-01-2023-0.pdf
57	can a homeowner who has a disablility and believes that discrimination occured against him/her, can a complaint against the board members of the Association be done, even if it is a private entity?	answered in chat by dan	YES, PRIVATE HOUSING AND ASSOCIATION BOARDS ARE SUBJECT TO FAIR HOUSING LAWS - COMPLAINT CAN BE FILED WITH HCRC OR HUD OR YOU CAN SEEK RELIEF IN COURT
58	Hypothetical: A three-bedroom shared home currently houses two women in two of the three bedrooms. Landlord learns from the two women that as a result of prior sexual abuse they'd prefer the third renter be female. The law prevents the landlord from pander to his existing renters' preference. Landlord may not advertise "women only". Sound fair?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
59	I'm part Irish and I'm a little offended at the joke made before the break. If my landlord were to make jokes like that about me that made me feel like I was living in a hostile environment, wouldn't that be considered discriminatory and based on a protected class?
60	Do you have some stats on housing discrimination complaints? as well, fines issued and dismissals?		https://www.capitol.hawaii.gov/reportstoleg/reportuploads/Butay_Kouchi-SaikiHCRCReportdtd12.01.2023_12-01-2023-0.pdf
61	Do these animals need to be trained and certified? If not any animal can be claimed to be and emotional support animal	answered in t/f
62	Is there a limit for support animals?
63	I have a tenant with a mental illness. This tenant lives with their fiancee and they fight often, the arguing is extremely loud, they shout, they cuss, they slam doors. When the tenant was written up for excessive noise they claimed they were being discriminated against because of their mental illness. How would the experts suggest this be handled?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
64	do you need a record of due process before one can file a complaint with HCRC?	Answered in QA
65	Further to the excessive noise question ... A mental issue can make one tenant in a shared-housing situation the nemesis of all other tenants. If the majority complain about that one "trouble-maker," does the landlord have the right to evict the mental patient?
66	how do we handle a tenant who has a service or ESA but cant take care of them and the animal is peeing in the hall way or leaving droppings?	answered in t/f
67	If the parking space provided to the condo renter is a deeded stall, is the association responsible for making accommodations if the owner only owns one unit?	answered in chat	If the parking space provided to the condo renter is a deeded stall, is the association responsible for making accommodations if the owner only owns one unit? THIS will depend on whether there is a way to accommodate in some other fashion - guest parking or other alternative from interacting with the requestor. Deeded parking space can limit the options on how a need can be accommodated -dan o
68	With proper reasonable accommodation, can a resident reserve a specific handicap parking stall? Even the visitor handicap parking stall?	answered by dan in chat	THIS DEPENDS ON THE OUTCOME OF THE "INTERACTIVE PROCESS" IN WHICH THE REQUESTOR AND THE HOUSING PROVIDER LOOK AT THE WAYS TO ACCOMMODATE THE RAR - THE REASON TO NOT ACCOMMODATE WOULD HAVE TO BE BASED ON UNDUE FINANCIAL BURDEN OR FUNDAMENTAL CHANGE TO THE OPERATIONS - SUCH AS IF ALL OF THE PARKING SPACES ARE OWNED AND LITERALLY THERE IS NO ALTERNATIVE
69	Can an emotional support animal (not a service animal) be prohbited from entering common area facilities in a condo association (i.e. fitness room, pool area, etc)	Answered in a way through the presentation True False Section
70	A tenant filed a civil rights complaint against their landlord and wants to move. The landlord will not let them out of their lease unless they withdraw the complaint. Is this legal?	Answered in QA
71	if a request for modification or accomidation does not be in writing, and it has been concluded that there was discrimination, how can the lack of document/request hold up in civil court?
72	Property manager (PM) keeps placing meth cooks onsite. He managed to convert a # of units into Section 8. Some of these contaminated units are being rented out to young couples with babies. Do not believe that these units are professionally cleaned before renting out. HPD is not helpful. (1) Is there any office to report this type of abuse by the landlord and PM (the landlord's agent)? (2) Are there any housing law(s) in HI and/or federal government to protect tenants who unknowingly rent this type of contaminated units? (3) Any advice?	Answered in chat by Dan	START WITH LAW ENFORCEMENT OR HEALTH/BUILDING DEPARTMENT COMPLAINT - ANOTHER AVENUE WOULD BE TO PROVIDE THAT INFORMATION TO APPLICABLE SECTION 8 OFFICE , NOTE THE ISSUE AND ASK FOR AN INSPECTION
73	If a landlord is unable or refuse to provide a ledger, is it also consider discrimination?		Thank you for your question! Unfortunately, that is not a topic we’ll be covering today. Please consult the landlord-tenant code and/or a private attorney.
74	Why are the rules different between HUD rules, which you stated as "service dogs' versus the other slides that state "service animals"	answered in t/f
75	Does that include advertisements on Facebook marketplace and other platforms that are similar?	Answered in QA
76	Is there anything limiting a person's number of allowed ESA?	covered live
77	what if the person is a self dx wanting an emotional support animal?	covered in presentation
78	How then does one get away with "NO PETS?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
79	Can they require animal damage be included in the renter's insurance?
80	Can they deny certain breeds because their property insurance doesn’t cover certain breeds?
81	what if the property does not allow pets?
82	If it is a no pet policy property - landlord can ASK the guest…. if their animal is an assistant animal though correct?
83	Can a housing provider charge for pet waste not being picked up?... sorry, assistance animal	answered by dan live
84	Whose rights are to be prioritized when two disabled tenants' needs are in direct conflict? If one tenant needs a service animal but another tenant has a disability that causes them to be alergic to the animal.
85		dan responded in the chat	Dan's response: THIS WOULD BE UNUSUAL - THE ELDERLY/DISABLED HOUSING TYPICALLY IS WITHOUT REGARD TO THE NATURE OF THE DISABILITY - THIS WOULD ALSO DEPEND ON THE REGULATORY AGREEMENT WITH HUD GOVERNING THE PROPERTY - THIS IS SOMETHING YOU COULD SEEK TECHNICAL ASSISTANCE OF THE FAIR HOUSING AND EQUAL OPPORTUNITY OFFICE OF HUD. IT IS POSSIBLE , BUT IT IS FACT SPECIFIC IF YOU WANT TO REACH OUT
86	What documents does housing management ask for, if an applicant or tenant wants to add a child that is not biologically thiers?
87	What about property management companies? Can they advertise "No Section 8"?
88	if a tenant is asking that a single person be placed above her as a reasonable accomodation for her so she can enjoy peace and quiet and not listen to kids or dogs while she's home, is this an accomodation that we should make?
89	Should a tenant have a request to modify a unit, due to disabilty and the work will take a few days, do we have to find temporary accomodation for the tenant or is the tenant responsible to find their own accomodation..
90	Say if you rent with the max capacity for the unit, but you become pregnant and will now exceed the unit max use. Can the landlord evict you for this reason? and if so, how much notice is required?	answered live by dan
91	Do you have a discrimination case if the property manager gives a violation notice and labels your ESAs as their type of breed, example "pitbulls".	answered live
92	what if the property is not equipped to accommodate, like wastewater systemts.
93	a tenant who wants to break a lease before the end of the term need only claim discrimination and then the landlord must allow them to break the lease? Otherwise it will be deemed retaliation?		Thank you for your question! Unfortunately, it requires us to provide counsel and advice which we are not allowed to provide you. Please consult a private attorney.
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