The Hawaii Civil Rights Commission has determined a landlord discriminated against a Hawaii island resident based on her gender identity and expression.
The commission announced Monday that Kiona Boyd was awarded $95,000 — $75,000 for emotional distress and $20,000 in punitive damages — in the gender identity discrimination case.
“The decision from the commission reaffirms its commitment to the elimination of discrimination in housing,” said Executive Director William Hoshijo in a news release issued by the commission. “The award of punitive damages in the commission’s final decision and order should signal to housing providers that harassment, intimidation, and discrimination against individuals for expressing their gender identity will not be tolerated.”
Boyd claimed her landlord, Jeffrey D. Primack, “harassed, threatened and forced her off a property” on the Big Island in July 2015 after he saw her expressing her gender identity.
Boyd resided in a rental yurt structure and worked as a caretaker on the property where Primack hosts qigong retreats. Primack resides in Florida and visits the property periodically.
The commission said Primack first met Boyd in 2012 when she was using a name traditionally associated with the male gender and presented as male.
A document filed by the commission described the two as friends, but their relationship soured after Boyd’s gender transformation.
In 2015 Boyd began to express her gender identity as a woman and began using the name “Kiona.”
In July of that year, Primack visited the property to host a qigong retreat. A day after he saw Boyd for the first time in person expressing her gender identity as a female, Boyd alleged Primack told her to leave the property because he believed his guests for the retreat would “negatively react toward her because of her gender transition,” according to the document.
Boyd testified at a hearing on the case that he gave her “one day’s notice to vacate the property, forcing her to become homeless and live out of her car,” the commission added.
She also claimed Primack harassed and threatened her verbally and via text messages.
Primack could not be reached Monday for comment.
“Primack did not appeal the decision,” the commission said.
The commission ordered him to cease unlawful discriminatory practices, develop and implement a written anti-discrimination policy in real property transactions and attend a fair-housing training session.
To access the commission’s final decision and order on the case, visit 808ne.ws/kionaboyd.