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  1. #1

    Angry Can You Be Evicted for Noise Made by Your Autistic Twin Children

    My question involves an eviction in the state of: Illinois. I have twins who have lived in this complex from birth and are now teens. As anyone who has ever had an experience with autistic children know, its hard as hell dealing with all the day to day stuff let alone issues that come out of the blue unexpected. That leads me to my question I have. These children are trained as best we can as a family to deal with routine because routine helps our family get day to day things done, but there have been those times when everything went wrong and the autistic children had a meltdown. While they were little, these could be contained, but as they got bigger....not so much. Over the years, the building mgt and complex owners have worked with us to contain the issue. They move other parents with kids on the floor which makes me very happy, but now and then there is a screaming meltdown by one twin or the other.

    Nobody has threatened us with eviction, but I always wondered if they could? Can they evict a family with disabled children for any cause including the children are loud and disturbing the other tenants? HUD says they can.t but I thought I would ask you guys.

  2. #2
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Twins Are Autistic and Keep Up a Lot of Noise in Our Complex-Can They Evict Us

    Only eviction for cause are allowed, anything else would be a wrongful eviction. The catch is that eviction can be done for a number of reasons, but mainly they are done for either failure to pay rent or violating a material term in your lease. The latter situation can vary, but if noise can be a basis for eviction if the tenant fails to cure it after repeated request. However, noise is only a basis for eviction if there is a term on your lease that dictates how loud you're aloud to be. If there is no such term in your lease, then you're in the clear. Just remember that many leases contain nuisance prohibition clauses that courts have generally interpreted to include excessive noise.

    You guys should be fine though. Evicting you on the basis of your autistic children would not only be a media nightmare for your landlord, but it could also be a violation of local housing discrimination laws and the Fair Housing Act.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can You Be Evicted for Noise Made by Your Autistic Twin Children

    Housing providers are permitted to establish reasonable rules to limit and regulate noise in order to help ensure the peace, comfort and quiet enjoyment of all residents.

    A landlord cannot impose a special noise rule that applies only to children. Noise rules need to be of general application.

    If the noise created by a disabled resident or child occurs during the day and is not any louder than the noise typical of or that you would reasonably expect from other residents (including other children), the landlord cannot treat the disabled tenant's noise differently - to do so would be unlawful discrimination.

    If, on the other hand, the noise is excessive or occurs during times of day (and night) when tenants are ordinarily more quiet, the landlord can apply its noise policy consistently to all tenants. If a landlord attempts to assert its noise rules, the affected tenant should request as a reasonable accommodation some time to explore means by which the noise problem can be abated, and then should explore possible options or interventions.

    Note, pretty much every tenant is going to get into an occasional loud argument or otherwise create a disturbance. It's not that a single incident can't justify a warning - but a single incident is unlikely to trigger more than that. A landlord should be careful to be even-handed in giving out noise warnings, and keeping records of them, lest he be in a position where one apartment has a couple whose screaming matches have resulted in neighbor complaints, possible police visits, but few or no formal warnings, while a unit with a disabled occupant has received formal warnings over comparable noise incidents - whatever the landlord's intent, that can look very much like discrimination.

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