Wrongful Eviction of Disabled Tenant in Ohio

[Mr. Knowitall]

It's difficult to accommodate Tourette's in the same manner as most other disabilities, as the focus of the accommodation will typically have to be to try to make other tenants more understanding. Sometimes the tenant with Tourette's will help the landlord with an educational process, other times the landlord will have to try to act based upon knowledge of the condition without the tenant's help.

Given that the landlord references yelling and pounding, I expect that he's going to argue that the eviction notice has nothing to do with Tourette's, as Tourette's does not cause a tenant to pound on the floor/ceiling and that yelling that occurs in association with such pounding is reasonably inferred to be volitional - going along with the pounding - as opposed to involuntary. I'm speculating, of course.

It's possible to respond that all of the incidents were episodes of Tourette's, but that will be more complicated if the other affected tenants say that the issue was pounding, or yelling while pounding, whether or not that's true.

Your best bet at this point would be to try to team up with a disability advocacy group or legal aid association (assuming you qualify for legal aid) to build a defense to the eviction claim and, depending upon what you can document, a possible claim for housing discrimination.

[nbmatt]

It's difficult to accommodate Tourette's in the same manner as most other disabilities, as the focus of the accommodation will typically have to be to try to make other tenants more understanding. Sometimes the tenant with Tourette's will help the landlord with an educational process, other times the landlord will have to try to act based upon knowledge of the condition without the tenant's help.

Given that the landlord references yelling and pounding, I expect that he's going to argue that the eviction notice has nothing to do with Tourette's, as Tourette's does not cause a tenant to pound on the floor/ceiling and that yelling that occurs in association with such pounding is reasonably inferred to be volitional - going along with the pounding - as opposed to involuntary. I'm speculating, of course.

It's possible to respond that all of the incidents were episodes of Tourette's, but that will be more complicated if the other affected tenants say that the issue was pounding, or yelling while pounding, whether or not that's true.

Your best bet at this point would be to try to team up with a disability advocacy group or legal aid association (assuming you qualify for legal aid) to build a defense to the eviction claim and, depending upon what you can document, a possible claim for housing discrimination.

Ok

I just will point out that I never do any pounding. The only thing they go by to say I pound is a tape recording which could be anyone. I will make a tape and pound and I can tell the landlord it was the guy upstairs pounding ? That will work? I don't like deception so I would not do that but I am just trying to figure out why when they use the tape recorder of themself pounding and say its me, it is accepted but if I do that , they tell me that does not prove who did the pounding. I have video taping where you can hear the guy blairing his TV and you can see it on youtube. At least in my video record it proves the sounds didn't come from me

http://www.youtube.com/watch?v=OXWkkfhwvwU

Will they accept that for court ?

[PandorasBox]

I think what it comes down to is this:

Music is a steady, stable, predictable thing.

Tourette's outburts.....the barking like a dog, or sudden yelling....can frighten people.

I have two disabilities of my own. A reasonable accommodation is something like a cart for heavy items, a telephone with an adequate volume control.

The only accommodation I can suggest to you is at your next apartment unit.....meet your neighbors and explain your condition and it's symptoms, and provide Management with a doctors note and information on Tourette's so they will understand.

You can go talk to management with the same stuff I recommend above, but it seems they have already made up their mind to evict you.

Best to start packing up and looking at new places now. Get rid of non-essential services. You really can live without TV, etc., trust me.

www.forrent.com
www.apartmentguide.com
www.apartments.com

[jk]

Will they accept that for court ?

for what? That you are exposed to what is typical in most apartments I have seen? That is not unusual and is not going to be seen as objectionable, especially in the middle of the day.

[nbmatt]

for what? That you are exposed to what is typical in most apartments I have seen? That is not unusual and is not going to be seen as objectionable, especially in the middle of the day.

No, their music blairing, partying and yelling themselves, stomping and pounding on their floors is not always in the day and is often at 2am, 3am, etc. as I mention in my first post. My yelling is usually always during the day and never at night when people are sleeping (I am sleeping myself). You tell me waking me and other people up with shit at 3am is typical? You telling me that smelling the illegal stinking pot smoke that I don't use or smoke is typical? No I am sorry but it is not. You tell me that the fact I had to go pay out of my own pocket for a post office box because my neighbors steal my mail is typical? No it is not. You tell me that my neighbors who are well known thieves with criminal records a mile long trying to break into my apartment lifting up my windows , often even peaking through my windows, pissing outside in the front yard is typical in most apartments? No it isn't.. I don't know what class you run with, but sure sounds to me like you're in favor of criminals. You tell me that you have never yelled or raised your voice before? I don't know of anyone who hasn't or doesn't yell, especially in this neighborhood, constantly. So you can say my yelling is typical and fits right in with the rest of them. That is my point. No right of anyone else to complain until they clean their own doorstep.

[Mr. Knowitall]

Again, you are free to try to prove to your landlord that your neighbors are making excessive noise. If they are violating the law, you are free to report that to the police. If you choose to do neither or cannot produce any evidence to back up your claims - and with no corroboration, as despite your neighbors being concerned about the noise you make they are apparently oblivious to what you contend to be a much greater noise problem caused by each other, and if all the overwhelming evidence of drug activity and use magically disappears the moment a squad car rolls onto the scene - then neither the police nor the landlord will have a basis to act.

Fabricating evidence? Committing perjury? You won't find anybody here advising you to do either.

You are now implying that your yelling is in response to stuff your neighbors do that makes you angry, and has nothing to do with Tourette's. If that's the case, no, you don't get immunity from being evicted for creating a noise problem because your neighbors are also at times noisy, nor is this discrimination based upon your medical condition as you are choosing to yell as opposed to having an episode of uncontrollable yelling or barking.

Again, if you believe you are the subject of discrimination over your medical condition, you can contact fair housing organizations or see if you can get help through legal aid. Contact information for the FHEO is here.

[nbmatt]

Again, you are free to try to prove to your landlord that your neighbors are making excessive noise. If they are violating the law, you are free to report that to the police. If you choose to do neither or cannot produce any evidence to back up your claims - and with no corroboration, as despite your neighbors being concerned about the noise you make they are apparently oblivious to what you contend to be a much greater noise problem caused by each other, and if all the overwhelming evidence of drug activity and use magically disappears the moment a squad car rolls onto the scene - then neither the police nor the landlord will have a basis to act.

I do have proof.. Video recordings.. I even put a video here in this thread. I have several reports with the police of the neighbors and the police always say they are sorry that these people are my neighbors and they know all about them and their history. They've even said these people are nothing but trouble and cause problems everywhere they go. The landlord had also said they know the neighbors here aren't any better than we are. So they know about it and confessed to it. But they say there's nothing they can do. They're singling me out and punishing me, but not the ones they know about. I'm not the one with a criminal record but I'm treated as if I have one simply because this neighborhood is compromised entirely of career criminals. I even have had to use MY OWN money of MY OWN EXPENSE to pay for a post office box because the police and landlord say they can't help me over a federal offense of the neighbors stealing my mail. They can't help me when the neighbors make loud noise. They can't help me when the neighbor is misusing his oven, which starts a fire everytime and has a wooden chair right next to the damn thing, to heat his apartment, and they can't help me when I have to smell smoke of illegal drugs and breathe the shit in that causes significant damage to me, MY body, and MY LUNGS. People bitch about having to breathe in cigarette smoke, illegal weed should be and is no different. But I make a ****ing sound caused by a mental ****ing con ****ing dition and I get eviction.

You are now implying that your yelling is in response to stuff your neighbors do that makes you angry, and has nothing to do with Tourette's. If that's the case, no, you don't get immunity from being evicted for creating a noise problem because your neighbors are also at times noisy, nor is this discrimination based upon your medical condition as you are choosing to yell as opposed to having an episode of uncontrollable yelling or barking.

I am not and never implied anything. I was pointing out that the shit these neighbors are doing and getting away with can influence and increase the severity of tourette syndrome, anxiety, etc.. The more stress, emotional grief there is, the more I am at risk of experiencing trouble with my conditions. That is what I'm saying.

You can ask anyone and everyone that know me, psychologist included, that part of my anxiety includes severe and extreme social anxiety and severe shyness. When I have any level of control and awareness, I am very quiet and kept to myself. I can't even talk to my own family. With such known issue, it further proves that any noise from me that can be heard by anyone other than myself is involuntary from my conditions.

Again, if you believe you are the subject of discrimination over your medical condition, you can contact fair housing organizations or see if you can get help through legal aid. Contact information for the FHEO is here.

I have and they are jumping in on it and pursuing it. There are pending lawsuits to be filed.

[Disagreeable]

If you will listen to my advise and apply for local HUD housing through the state, you will find you can afford to live. Apartments are on a sliding scale. I know a person grandfathered in, due to a change in SS from a former spouse dying. With over $20k p/yr coming in, they pay $380 p/mo. You cannot get in with this much, however if you get it while there, they won't make you move.