Citations possibly based on discrimination (apartment complex, rental, lawyer)

[ck311]

Aloha,

I'm 30 years old and have been living in an apartment for the last year and half. The building consist of mainly older people age 50-80 yrs old.

My roommate and I have been given a couple of citations for noise in the past. Not because we were excessively loud but because this building's materials are cheap. The walls are all dry wall perhaps a few concrete blocks on the support beams.

Recently, I've received a citation for an oil stain on my parking stall. I plan on cleaning it up but the part that bugs me is
1: I'll receive a fine from the realtor company
2: I've photo documented 70% of the other stalls with oil stains.

I was wondering if there is a way to follow up if the building manager is issuing citations to all tenants who have oil stains on their parking stalls.

Or am i being a VICTIM of DISCRIMINATION.

There is an association for the apartment but i don't feel they will be cooperative as it's conflict of their own interest.

Is there a board of association that proceeds all building associations that I can make sure I'm not being a VICTIM of DISCRIMINATION.

Thank you and Mahalo!

[whtviper1]

You can't be a "victim of discrimination" or at least actionable if you indeed have an oil stain in your parking stall which you acknowledge in your post.

[hawaiian by heart]

Originally Posted by whtviper1

You can't be a "victim of discrimination" or at least actionable if you indeed have an oil stain in your parking stall which you acknowledge in your post.

@OP

I disagree, it is discrimination if rules, laws are not enforced equally based on race. The problem is its very hard to prove discrimination. My suggestion is to make sure you document everything. Don't know what the income limits are for legal aid there now, but if your poor you can at least get legal advice on landlord tenants rights. Or you can get a consultation with an lawyer for a small fee.

The other option is if you have an tenants union, sometimes an elderly apartment complex has one because the older generation is often good at doing that.

Any way good luck

[WaikikiBoy]

Are you suggesting you may be a "victim" of discrimination based on race or based on Age ?

In your post you do not mention anything about race. But you indicate the difference between you and other tenants is that you are 30 yrs old and they are 50 to 80.

In my opinion, instead of screaming discrimination and attempting to blame others for the issue, man up and follow the established rules and take responsibility for your actions. It will serve you far better in your life going forward.

Your car leaked oil. It's against the rules. Pay the fine, fix the problem and move forward as a good neighbor.

That advice will serve you well in your life. Far better than screaming discrimination when you obviously leaked oil and deserve the fine.

[eureka1]

Cat litter is helpful in absorbing oil leaks.

[oregonwoodsmoke]

Oil stains are not a protected class. Your oil stains are not being discriminated against.

Excessively noisy is not a protected class, either. I suggest that you lower the volume before you are given notice to vacate.

You'll have a very difficult time proving discrimination for either age or race since the landlord rented to you in the first place. If the landlord discriminates against age or race, he would have rejected you before you moved in.

It sounds like you are unhappy where you are living. I suggest that you move to a new place that suits you better.

[hawaiian by heart]

I made my comment based on OPs statement of " I've photo documented 70% of the other stalls with oil stains"

[kakers]

Unless you want to spend far too much money on a lawyer, my suggestion would be to make friends with some of the other tenants. Be friendly. While having a nice conversation getting to know them better, simply ask "is it just me or is the management starting to hit us with more citations lately?" If it's just you, they'll tell you. If it's not, you have just made a friend with a common 'enemy'

It is entirely possible that either the management is trying to be a pain (maybe someone new is in charge and is trying to "improve" things), or, there is one tenant who is raising a fuss about everything. If you have a pretty good idea of who is complaining about your "noise" then ask the tenant on the other side of them if they've been getting citations too.

I'd also make sure that the noise complaints are truly nit picky before brushing them off. It may not be your fault that the buildings walls don't block out noise but you CAN choose what volume to keep your TV on etc and your MAY have a different idea of a reasonable volume than other people. Assuming discrimination means you have brushed off the idea that you may indeed be in the wrong. As much as it sucks to consider that option, you need to make sure that your aren't in fact at fault before pointing your finger at others.

I just see far more explanations other than discrimination here.

~Katy

[Nedibes]

It is possible that fair housing laws would cover this situation, but you would need to be able to prove that the terms or conditions of your rental were different than that of others, and that the difference was based on a protected status. Age (or at least youth) isn't a federally protected status, but Hawaii law may be broader in this area. Check out Hawai'i Fair Housing for more information on your rights and how they can be enforced.

[whtviper1]

The Op admitted he has an oil stain. Op doesn't know if others got a citation or not. Since he admits he broke the rules (oil stain) maybe harassment comes into play IF others weren't cited. Although being busted for noise and an oil stain which doesn't seem in dispute also seems like a stretch.