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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Slamming and Banging Upstairs Seriously Affecting My Fragile Health

    My question involves landlord-tenant law in the State of: Massachusetts
    Hi,
    I am a disabled man with MS who just moved into my apartment in late October. It is subsidized Public Housing. The Apartment itself is great: location, handicapped accessible nice upkept building etc is all ideal.
    The problem is I am on the first floor and the (Amazon like) woman who lives above me is slamming sh#t around, moving furniture,stomping at all hours of the day and night. Daytime is one thing I can live with If I absolutely have to BUT this happens in the middle of the night, like 3,4 or 5 am! She obviously has a mental illness and also suffers from seizures. I know if she is having seizures it's not her fault when she comes crashing into the floor upstairs but the other stuff I mentioned i.e. stomping around, vaccuming at 3am is NOT seizure related. I have complained to the Housing Authorities and they tell her to knock it off and that works for a day or two and she starts up again. Now I believe she is doing It because I made the complaint. I have called the cops many times in the middle of the night to come out, they just tell her to knock it off then leave. I have spoken to others in the building and this beast is known to be a pain in the arse and has pissed off everybody she has come into contact with.... The problem is, or so I am told, not much can be done to get her out of here because she has mental issues and is protected by her disability, BUT what about MY rights as a disabled person with a chronic serious illness that is being extremely effected by her BS? Their has been many nights since I have been here that I got almost NO SLEEP which wiped me out bad and exacerbated my MS symptoms. Moving for me is not an option as I have just moved here and it is very stressful and detrimental to my already fragile health. Besides, SHE is obviously the problem, my leaving is NOT going to solve it. Nobody, unless they are totally deaf or in a vegetative state could put up with what goes on above them especially at 3 oclock in the Morning.
    PLEASE HELP with any and all suggestions or advise on how to make this stop.
    P.S. I spoke with a cop who came here and he told me it is a housing issue not a police matter. I said, "you mean to tell me a person can make all the noise and disturbance they want and they haven't committed any crime?" To that the cop started yelling at me saying, "are you giving me a hard time?!" and continued to lay into me about how this woman is disabled and it's not her fault! Then he went storming off in his cruiser. Not very professional to say the least,) but that’s a whole other issue.
    Thanks in advance to anybody who has any ideas on what to do.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Slamming and Banging Upstairs Seriously Affecting My Fragile Health

    I have complained to the Housing Authorities and they tell her to knock it off and that works for a day or two and she starts up again.
    Then continue to complain to them. Make them deal with her. The police officer was correct, they actually better things to do. This is a housing matter and the housing authority will tell you what your options are. You can continue to complain and you can also put in for a transfer. If you think that they are going to make her transfer, your really mistaken.

    Here is a link to the greivence process http://www.masslegalhelp.org/uploads...ousing2006.pdf

    Her mental illness protects her rights just as yours are protected. Your wish here that she will move isn't likely gonna happen. Her disability just comes in a different form. Just as your disease has periods of flair up, so does hers. Her mental illness does not have to be limited to seizures. I also bet that you don't like being refered to as a "cripple" or any other defaming name so maybe you should consider that when you refer her to "amazon like."

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