Kapilina residents file class action TRO to not pay rent, utilities during the water contaminations crisis

HONOLULU (KHON2) — Kapilina Beach Homes residents affected by the Navy’s ongoing contamination crisis filed a class action complaint, on Jan. 6, demanding a jury trial to stop their landlords from charging rent and utilities.

The plaintiffs are Xavier Bonilla Lozano, Taeler Owens and Chelsea Campbell.

The plaintiffs’ attorney, Bridget G. Morgan-Bickerton of Bickerton Law Group said, “people are trapped in these poisoned homes.  They want or need to move out but can’t afford to pay the first and last month’s rent for a new place while the Kapilina landlord is charging them rent.”

The order also asked the court to block the landlord from charging the residents an “exit fee” of two months’ rent and requiring them to release their injury claims if they decide to terminate their leases.

Kapilina Beach Homes management released their statement on the order on Wednesday, Jan. 12.

Plaintiff Xavier Lozano, a resident at Kapililani said, “It’s really hard to stay in a house where the water that came out of the faucet sent my son to the emergency room.  But we have no other choice right now.”

Kapilina added that as the Navy deals with the water supply, Kapilina will continue to waive all water charges. They also assist residents with the delivery of large water bottles, credits for offsite laundry and access to shower facilities.

“We have also been tirelessly advocating for the Navy to extend its support to cover Kapilina Beach Home’s civilian residents, and we are very pleased that the Navy has confirmed this is occurring,” stated Kapilina Beach Homes’ management. “They have also confirmed they are developing a flushing plan for our community.”