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  1. #1
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    Feb 2012
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    Default Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    My question involves an eviction in the state of: PA

    I live in a 2-apt. building that has a shared yard. I've lived there 2 years come this April 1st with no problems, always paying rent and keeping the apartment in good condition. New tenant moved in downstairs with a huge dog and decided to fence in the yard to keep his dog in.

    I am disabled, and objected to the landlord because this would cause me undo hardship in a number of ways. I asked that my disabilities be considered, and that the area to be fenced in not enclose the entire yard, so I would be able to have access to the laundry and garbage bins, which doing the entire yard would not. It would also allow the garbage bins to remain where they were, on the opposite side of the yard, instead of right under my windows, causing my apartment to smell from the garbage and dog feces, also related to, and affecting, my disability. Basically I was willing to not push the shared yard issue as long as I could continue living there in the same situation I had been for the past 2 years.

    He didn't want that. He wanted the whole yard. The landlord said they liked the fence better that way as well. I kept trying to explain this was a disability issue and was requesting reasonable accommodation. They never refused to accommodate so I could even appeal it. They never even acknowledged the issue.

    I finally wrote them and said that unless they addressed the disability issues I would be forced to talk to a lawyer because my rights as a disabled person were being violated.

    Their answer was a 30-day notice to vacate. That's retaliatory.

    This becomes a bigger problem because after being on the waiting list for 10 years, I finally got a section 8 voucher this past December which my landlord accepted, and a 1-year lease under the voucher. If the lease is terminated I will lose my section 8 and have to start all over.

    But what I don't understand is why section 8 accepted the notice to vacate, since according to their rules there are only about 5 reasons she could do this, and "nothing will make you happy" are not grounds for section 8 eviction.

    I would also like to sue them but don't know what kind of lawyer would take a part housing, part disability, part damages lawsuit.

    Any advice would be appreciated. Yes, I'll try to move, but shouldn't have to lose my section 8 for this.

    Thanks.

  2. #2
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    Default Re: Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    (Prior thread).

    In your other thread you indicate that the neighbor's dog does not directly affect you, but that you are concerned that one of your home health aides is afraid of the dog and also that other, future aides may be reluctant to work for you because they may also be afraid of the dog. With all of the accommodations landlords may be required to make, I'm not seeing one for buidling a fence because a non-disabled aide to the tenant is or may be afraid of a dog (no matter how large the dog, and yes, mastiffs can be huge). You have given us no indication that the dog is dangerous - just that it's big. Is there more to the story?

    I have no direct access to the formal notice terminating your tenancy - truly, all it says is "nothing will make you happy"?

  3. #3
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    Feb 2012
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    Default Re: Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    First and foremost, please understand that my main disability is Asperger's Syndrome. Everything that is happening is completely overwhelming which makes it even more difficult for me to focus in and explain things clearly and therefore what I am trying to express is often misunderstood because of my difficulites in expressing them. I'm living in a panic right now. I appreciate you asking for clarification because that does help me answer better.

    This is affecting me negatively in many ways.

    You are right, it is not the dog that is the issue. It is the situation created by the landlord in allowing the owner of the dog to infringe on my space and in my ability and right to enjoy my apartment, and allowing him to feel it is perfectly okay to do so. And he is doing it in the way and where and how he keeps the dog, how he cares for it, with a total lack of consideration and an attitude that all that matters are him and his dog and what he wants. He pretty much thinks the entire house is his and acts accordingly. He's leaving his stuff all over, on the front porch too. He's taken my chair I bought for the porch because he wanted it to put his plants on. I've asked him to leave the chair, and he still does it. He outright yelled at me during one of the meetings with the landlord I asked for to try and solve the problems, and got really loud and angry saying he spent a lot of money paying for rent and security and therefore has a right to do whatever he wants. (The fact that I pay rent and security as well, and have been doing it for 2 years before he moved there seems superfluous).

    The landlord's response to his outburst at me was to ask me to apologize to him because he was going through a divorce and was upset, and I upset him more so it would be nice if I made him feel better. I refused and the landlord kept trying to talk me into it. The fact I wouldn't I think is a big part of the hostility.

    This is a friend of the landlord so he gets away with it.

    Maybe the better way to explain it is to drop the details, not discuss the dog, and instead say that for 2 years I had no problems, and had a set routine, which included what my aides would do, that kept me functioning, that kept me from having to be in an institution (the reason for the OBRA waiver and why they call them home and community based services), and which was within my ability to maintain. Routine like that, for people like me, is essential. In addition, change to that kind of routine is devastating. It can (and is for me now) affecting my health and my ability to do even do simple things I could do before. The notice to vacate came the day I came home from a hospital stay, from which I was bedridden and in extreme pain. My blood pressure is through the roof and my life has become chaotic. I have no support system or family, am terrified of how to get through this.

    My request was not for the landlord to build anything.

    My request was just that they make sure the other tenant fence in just a little bit smaller area, so it would leave a walkway for me to the garbage bins where they are now so I could simply continue my routine, and they wouldn't have to put the garbage bins right under my window. All that would have meant to the other tenant would be a smaller area for him to keep his dog in. Not small, just smaller, and quite adequate for his dog. My own passion is animals, and I do volunteer with rescues. I would never ask anyone to put an animal in a situation that was not good for it. Never. All I wanted was for him to leave a small section of the yard for my needs. But he wants the whole yard because, and I quote, "I lived in my own house before this and that's what I'm used to." and that is a quote.

    As far as the aides go, these days it is not so easy to find good aides. The pool to pick from is sparse as it is. This has removed a group of people from the pool I could choose from because they won't send someone who is afraid of dogs to a home where there is a dog. And some may be willing to come here, but will not go in the back in case the dog gets out (which it has), so that means at times, my garbage and dirty laundry stay in my apartment piling up. Again, living in that chaos affects me in many negative ways. It's actually that way now.

    Add to that the fact that part of autism is having very strong sensory issues. The smell from the feces and garbage is much stronger for me than for those without sensory problems. I got sick today because he left the dog in the back and it barked constantly for 2 1/2 hours until he came home. The noise was so bad I actually ended up throwing up. My legs are swelling up and I can hardly walk, and this is due mainly to the stress.

    The feces are still piling up. what he does shovel up, he throws in a garbage can without a lid. It is making me not only emotionally, stress-wise and neurologically ill, it is making me physically ill.

    Not only can and will my doctors document this, but I have a history of responding in similar ways to stressful and chaotic situations like this over the years, so nobody can say I'm just making it up now. This has been my life living with Asperger's and other conditions I have and I try so hard to make my environment a simple one I can function in and be reasonably comfortable. Remember, I lived here for two years with absolutely no problem and was happy with it. It was a reasonably decent living situation that suddenly has been pulled out from under me.

    I was not asking the landlords to do anything. I was asking them to set some limits on the fence their friend was building to allow me the ability to continue my right to enjoyment of the apartment I have been paying rent for. That is a legal right, is it not? And this is very easily done while at the same time allowing their friend to have everything he wants in just a little bit smaller space. But it's too late, because he did what he wanted, and they like it. And for the record, it says in the fair housing laws that cosmetic reasons are not valid ones for refusing reasonable accommodations.

    And you are right, in the original notice to vacate it said more than nothing makes you happy. In fact, it was a misquote. Here is the quote, cut and pasted.

    "I feel that there is no pleasing you with this situation. After reviewing your current and original lease for the 2nd floor apartment I am required to provide you with written 30 day notice to vacate. "

    Pretty close.

    The notice came when I told her I would talk to a lawyer because they would not address my disability issues.

    this has become worse because neither in this notice or the 2nd one was there any grounds listed other than this kind of comment. According to section 8, she cannot evict me for the term of the lease except for a very few exceptions, and this is not one of them. It would have to be my being a drug dealer or addict, or my causing damage to the property, or having illegal practices, or bothering other tenants, none of which are the case, and none of which she stated.

    Yet for some reason, section 8 went with this, which violates their own rules.

    If you read towards the bottom of this, here it is in black and white. Especially since she never mentioned any grounds at all.

    http://frwebgate.access.gpo.gov/cgi-...2000&TYPE=TEXT

    But because of this, and the timing, I will most likely lose the section 8 benefits I waited 10 years to get, and had only for 3 months.

    They are trying to push me into a corner and intimidate me, and that, also, and it's in the fair housing laws as well, is illegal.

    I hope this clarifies things.

  4. #4
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    Default Re: Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    One other small point to add ...

    I haven't been able to sleep more than a couple of hours a night since this situation blew up out of control, which is why I'm here at night writing all this stuff.

  5. #5
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    Default Re: Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    Should we guess that "section 8 went with this" you mean that you complained to the Housing Authority and, after hearing your version of events and your landlord's version of events, they determined that your landlord was acting reasonably in terminating your tenancy? And that they found "good cause" based upon the landlord's explanation, even if the written notice appears wanting? If that's not what you mean, tell us what you mean.

    It now sounds like you asked your landlord to build a fence part-way through his yard, rather than around the perimeter of his yard, so that you could walk directly to and from the garbage cans without going around the fence? Or is it that you didn't want to walk through the fenced yard? And that your landlord's solution was to move the garbage cans up to the house so that the fence wasn't an issue? And this isn't satisfactory to you because walking through that part of the yard to reach the garbage cans is part of your routine? Or because you can now smell the garbage at times? And the dog's not all that central to the problem after all?

  6. #6
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    Default Re: Reasonable Accommodations, Section 8 and Retaliatory Eviction with No Grounds

    Quote Quoting Mr. Knowitall
    View Post
    Should we guess that "section 8 went with this" you mean that you complained to the Housing Authority and, after hearing your version of events and your landlord's version of events, they determined that your landlord was acting reasonably in terminating your tenancy? And that they found "good cause" based upon the landlord's explanation, even if the written notice appears wanting? If that's not what you mean, tell us what you mean.?
    No, that is not what I meant. I have had no opportunity to talk to section 8, nor was I contacted until the letter I received from them dated 3/12 saying my landlord gave me until 4/15 to vacate, and they will stop voucher payments as of 4/30. The letter did not state the grounds for the notice, but said if I wanted to know the reason for their decision I had 10 days to write to them, and 10 days to request a hearing. I received a letter from my landlord dated 3/13 (one day later than section 8) giving me notice to vacate by 4/15. There were no specific grounds stated in this notice, nor in the section 8 letter. I was never contacted by Section 8, nor asked for mym version. When I tried to call them, I was told my caseworker would be gone until next week and I won't be able to talk to them about this until Monday. So they went with this decision without any attempt to find out anything, and without grounds.

    The grounds for evicting someone under section 8 for the 1st year of the voucher are very few and very specific. Here is a link to them. None of them are valid in my case. Not at all.

    http://www.gpo.gov/fdsys/pkg/CFR-200...sec982-310.xml

    If section 8 found anything valid, even though the written notice appears wanting, what they are doing is illegal and not due process according to section 8 rules. In the document linked to above, at the bottom, (e) indicates the notice had to include the grounds. I have been given no grounds, either by the landlord or by section 8.

    This is the notice to vacate from the landlord (not the email from the week before mentioned a few posts ago). I have removed names,phone numbers and addresses. Again, no mention of the fair housing disability issues, either from the landlord or section 8.

    http://img.photobucket.com/albums/v1.../vacupload.jpg

    Quote Quoting Mr. Knowitall
    View Post
    It now sounds like you asked your landlord to build a fence part-way through his yard, rather than around the perimeter of his yard, so that you could walk directly to and from the garbage cans without going around the fence? Or is it that you didn't want to walk through the fenced yard?
    Going through the yard is not an option and I will explain that below.

    But I am not asking the landlord to build anything. There was already some partial fencing separating us from the neighbor and a boarded up garage. The yard is to be equally shared by tenants. The new tenant decided he wanted to add fencing to completely enclose the yard so he can keep his dog outside. My request of the landlord was to not allow him to do that, but instead I was willing to accept his fencing off most of the yard. I requested this before he built it. I drew a picture (I'm no artist) but this might be easier to see what I mean. The thick squiggly line is what the tenant wanted to do, and did. The broken line is what I suggested as a compromise and reasonable accommodation. The landlord refused to even consider it.

    I think my suggestion for a compromise was very reasonable.

    http://img.photobucket.com/albums/v1...e5/drawing.jpg

    Quote Quoting Mr. Knowitall
    View Post
    And that your landlord's solution was to move the garbage cans up to the house so that the fence wasn't an issue? And this isn't satisfactory to you because walking through that part of the yard to reach the garbage cans is part of your routine? Or because you can now smell the garbage at times? And the dog's not all that central to the problem after all?
    The landlord's and tenant's solution was to move 1 bin right under my window, and yes, it smells and is attracting flies and other vermim right under my window. It also isn't always enough room and I can't put my garbage in there because the tenant uses it also. And yes, my routine, and the consistency I need in my environment as well is being compromised.

    Going through his fence and through the yard is not a reasonable option because 1. sometimes it is left locked with a latch at the bottom that cannot be reached. 2. More often, the dog is left in the yard. Not only could that be potentially dangerous, as even nice dogs will protect their territory, but the dog is a $2,000 dog (something I am constantly being reminded of), and if someone opens that yard and he gets out, who wants to be responsible?

    The dog is not central to the problem, but it is a part of it. Neither are the actions of the owner regarding his dog that impose on my rights as a tenant and enjoyment of my apartment and other parts of the property that comes along with that, and the difficulties I have with it because of my disabilities.

    What is central is the landlords refusal to even address my request for reasonable accommodates under the fair housing laws. If they refused, I could at least appeal. They are simply ignoring it. And the fact that this will very likely cause me to lose my section 8, when I have done nothing to warrant that.

    And the fact that they started the eviction simply because they were tired of me trying to enforce my rights to at least due process under the fair housing laws. My understanding is that is retaliatory eviction.

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