HONOLULU — A class-action lawsuit was filed Tuesday on behalf of civilian residents who live on the Navy’s water system and were affected when it was contaminated by a fuel leak that came from the Red Hill Storage Facility.

What You Need To Know

  • The Kapilina Beach Homes are civilian housing located near Pearl Harbor that use the Navy’s contaminated water system

  • The lawsuit represents everyone who was living at Kapilina Beach Homes

  • The complaint targets the private companies that manage Kapilina Beach Homes and the landlords

  • The lawyers who filed this class-action lawsuit started a similar lawsuit last week that targets the companies that manage military housing near Pearl Harbor

Iroquois Point was formerly military housing that was renamed Kapilina Beach Homes when it became civilian housing. The homes are located near where the Pearl Harbor lagoon lets out and are fronted by Iroquois Point Beach.

Residents lease their homes since there aren't any for sale, and rents average between $2,835-$4,105 per month. 

The lawsuit was filed in the First Circuit Court in the state of Hawaii on behalf of Andra Lethgo and represents everyone who was living in Kapilina Beach Homes. 

The complaint targets the private companies that manage Kapilina Beach Homes and the landlords — the latter of which are not named by the complaint because they were not identifiable — and says they have not protected tenants “from the risk of fuel contamination associated with repeated leaks of petroleum fuel from the United States Department of the Navy’s Red Hill Bulk Fuel Storage Facility.” 

The Navy’s Red Hill Storage Facility was built underground during the 1940s in order to store jet fuel for military purposes, and it is located about two miles northeast of Pearl Harbor. The tanks at Red Hill have leaked oil numerous times since being built.

In late December, the Navy acknowledged that fuel leaked from Red Hill into the ground in May and November 2021. On Dec. 10, it was confirmed that the Red Hill Shaft, which supplies water to residents on the Navy’s water system, including the Kapilina Beach Homes, was contaminated with petroleum levels 350 times the safe drinking limit. 

“More than 100 tenants have been forcibility evicted by Defendants,” the complaint alleges. The lawsuit seeks compensation for damages, profits made by Defendants, reimbursement of rent, the right to cancel leases, attorney fees and more.

“Our residents' health, safety, and comfort is our top priority at Kapilina Beach Homes,” the property management company said in a statement sent to Spectrum News Hawaii on Thursday. “Until the Navy remediates the water supply, treatment and distribution system, we are implementing several measures to assist our residents, including sourcing larger water bottles, offering reimbursement for off site laundry delivery services, providing access to shower facilities and continuing to waive all water charges until further notice.” 

“We are focused on providing our residents with timely updates as new information becomes available and doing everything we can to assist our community during this difficult time,” the property management company said. “We do not comment on pending litigation.”

Attorney Michael Green and other lawyers who filed Tuesday’s class-action lawsuit started a similar lawsuit last week that targets the companies that manage military housing near Pearl Harbor, which is on the same water lines that were contaminated with jet fuel. 

“There's an obligation to supply water that is safe to drink, bathe and do your clothing in, as part of your lease,” said Green in an interview on Thursday with Spectrum News Hawaii. “You have the right to expect that you won’t be deceived into believing that you don’t have contaminated water.”

“If the landlord didn’t know, then let them bring the Navy in,” Green added. “But it’s unfair and deceptive to take your rent when what they’re providing is something that could kill you.”