Waters v. Housing and Community Development Corporation of Hawaii

No. 05-1-0815-05 EEH (Haw. Cir. Ct. First Cir. filed May 6, 2005) ; Clearinghouse Number: 55942

Description

Tenants in Section 8 Project–Based Development Challenge Owner’s Failure to Seek Revision of Utility Allowances

Abstract

Plaintiffs filed their complaint in this class action challenging defendant landlord’s failure to update utility allowances as utility rates increased. Plaintiffs are tenants in defendant’s Section 8 project–based development. Plaintiffs claim that, although their utility rates have increased in excess of 10 percent since their utility allowances were last updated, defendants have failed to revise or request revisions of the utility allowances for the project-based Section 8 developments that they own. Plaintiffs claim that defendants’ actions constitute a breach of the rental agreement and violate 42 U.S.C. § 1437a(a)(1). Plaintiffs seek reimbursement for rent overcharges and inadequate utility reimbursements; declaratory and injunctive relief directing defendants to comply with federal law by updating the utility allowances to reflect increases in utility rates; and an injunction barring any eviction proceedings based on rent delinquencies until tenants are credited with rent overcharges resulting from defendants’ failure to adjust utility allowances.

Additional Information

Attorney Information
Plaintiffs represented by: Gavin Thornton, P.O. Box 37952 Honolulu, HI 96837 (808.542.5203).
Docket Date
2005-05-06 00:00:00+00:00
Attorney Email
gavinthornton@verizon.net

Files

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