By Tribune-Herald staff
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A Kona condominium association and its managing agent will pay $162,500 to settle a federal lawsuit that alleged the condo association and the managers of the complex discriminated against an individual with paraplegia.

The suit, brought in August 2024 by Hawaii U.S. Attorney Clare Connors, named Kailua Village Condominium Association, its managing agent, Associa Hawaii, the sellers of the condo unit and the sellers’ realtor.

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According to the complaint, the complainant, Gerritt Schaffer, attempted to purchase a condo in the 54-unit complex in October 2021 and was living in the condo, Unit 205 via an early occupancy agreement during the escrow period.

Schaffer, the lawsuit states, has paraplegia from an accident in 2016, is unable to walk and uses a wheelchair.

The filing alleges the defendants unlawfully denied Schaffer’s requests for an accessible parking space, a temporary ramp to the elevator to allow him access to his condo unit, and installation of an accessible toilet at his own expense.

The complaint also states that while Schaffer was attempting to set up a temporary ramp, he was harassed by the complex’s property manager, who allegedly referred to federal accessibility laws as “bulls—- rules” and “expressed his belief that Kailua Village did not need to comply with federal accessibility laws, as it was ‘grandfathered in.’”

According to the suit, the discrimination and verbal harassment allegedly caused Schaffer to withdraw from the purchase and move out of the unit.

Schaffer then exercised his right to proceed to federal court with the dispute, thereby triggering the statutory requirement that the Department of Justice file suit on his behalf.

Pursuant to the settlement, the defendants will pay Schaffer $162,500 in damages and are required to complete Federal Housing Administration training. Additionally, Kailua Village is required to adopt a DOJ-approved reasonable accommodation and modification policy.