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  1. #1
    Join Date
    Mar 2011
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    1

    Default Octomom Upstairs

    My question involves a condominium located in the State of: Florida

    I live in a condo and above me is a young woman living with 7 children and a boyfriend. I have complained to her several times about the children running/stomping around, playing basketbal in the house and riding bicycles around the house. The kids range from age 9 to 1 month and are always causing some noise.

    The HOA says they have given her two notices but can do nothing else. They also stated that there is a 2 person per room rule. We both have 2/2 so she should have 4, 5max, people in her condo. She has 9! Her excuse is "Well, they are kids". I have reported to my owner, who does nothing beacuse she doesnt live here (and I dont think of moving because of the price and she is my bff's mom) and the owner of the unit upstairs takes no action either.

    Who can I report this too? It must be a health or fire hazard. I am a FT working, PT grad student. I can not continue to have this noise while studying or just trying to relax. The county says it is a state issue (which I doubt) and the state says it is a local issue. PLEASE HELP!!!

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Octomom Upstairs

    Quote Quoting guava
    View Post
    My question involves a condominium located in the State of: Florida

    I live in a condo and above me is a young woman living with 7 children and a boyfriend. I have complained to her several times about the children running/stomping around, playing basketbal in the house and riding bicycles around the house. The kids range from age 9 to 1 month and are always causing some noise.

    The HOA says they have given her two notices but can do nothing else. They also stated that there is a 2 person per room rule. We both have 2/2 so she should have 4, 5max, people in her condo. She has 9! Her excuse is "Well, they are kids". I have reported to my owner, who does nothing beacuse she doesnt live here (and I dont think of moving because of the price and she is my bff's mom) and the owner of the unit upstairs takes no action either.

    Who can I report this too? It must be a health or fire hazard. I am a FT working, PT grad student. I can not continue to have this noise while studying or just trying to relax. The county says it is a state issue (which I doubt) and the state says it is a local issue. PLEASE HELP!!!
    Usually, you first have to define what the problem is, before you can say it's a Federal, State or County issue.

    First, the noise problem. If you insist that anyone with 1 month olds, 1 year, 2 year old children be totally quiet, they all all home sitting on the sofa, quietly watch TV, then you are not in the real world. The police cannot come and tell 3 year olds that they can't make any noise.

    Second, the safety issue. In order to conform legally to the 2 person per room rule, they would have to find a 5 BR house or apt. Now, I've been a real estate investor for 30 years, and I have rarely if ever seen 5BR rental units, let alone a 5 BR apt for rent. True, there are 5BR houses, but there are not on every street, so the one thing the county can do is to offer the family rent assistance if a 5BR house can be found for rent.

    I have read of the recent election of the new "Tea Party" governor in your state, and it seems tax cuts to corps are the priority, not rent subsidies to "octomoms" so people downstairs can catch a nap.

    Third is the issue of discrimination based on Federal and State laws. The laws forbid the eviction of tenants based on the fact they have children, called "familial discrimination", and generally the 2 person per room rules are NOT enforced when it comes to young children. If the landlord or the HOA start any action against the family, they would have a major discrimination lawsuit on their hands.

    I can't tell you what anyone can do legally, because if the County says "yes we'll handle it", then whoever says this better go out and find a 5BR house for this family, and help subsidize the rent. And then they better get ready to fight a discrimination lawsuit to boot.

    Now, it appears to me that it is highly unlikely a "sane landlord" would rent a 2/2 to 9 people, so only the LL can evict based on violation of the lease. My dad did rent an apartment to a refugee family of 4, and the tenants then allowed additional people in, bringing the total to over 20. My dad did not renew the lease based on the fact they violated the lease.

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