Posted on: Sunday, September 5, 2004
Eviction retaliatory, homestead renter says
By Vicki Viotti
Advertiser Staff Writer
The property managers of a low-income rental subdivision in Kapolei built for Hawaiian homesteaders have moved to evict the leader of its community association, setting off a countercharge that the action is retaliatory against those who have opposed management policies.
The eviction is the latest development in continuing tensions between the residents of the Ho'olimalima project and Mark Development Inc., which developed and now manages the three-year-old subdivision of 70 homes.
The most outspoken critic of the management has been Darin Awong Sr., president of the tenants' association, who has led community meetings and complained to the state Hawaiian Homes Commission about the use of surveillance cameras and other enforcement practices. Such practices have been defended by the management as necessary to protect the project's financing through a federal low-income tax credit program.
Late in August, Awong was served with an eviction notice alleging that "an unauthorized and ineligible person" lives in his house.
Awong's attorney, Maile Shimabukuro, submitted a list of questions for the developer on Friday, requesting the name of the unauthorized resident and names of witnesses or other evidence supporting the eviction. Shimabukuro had the hearing continued until 9 a.m. Oct. 15 at 'Ewa District Court.
Meanwhile, the Hawai'i Civil Rights Commission is investigating a complaint by Awong that his eviction resulted from his community activism.
In the complaint, Awong said that he is not housing more than the six residents allowed in his unit and that video surveillance of his home began after the tenants association organized.
"The surveillance cameras were turned toward his house to harass and intimidate him for having formed the tenants' association and for bringing complaints against Mark Development," the complaint stated.
The situation at Ho'olimalima also is being investigated by the Native Hawaiian Legal Corp.
Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.
