Re: [c_p]landlord discrimination advice please

[Guest guest]

Hi: Landlord of 4 years is trying to get me out because he's mad I forced

repairs by putting problems in writting & withholding rent. Took 6 months of

inconveniences, promised work w/no shows, damage to electric wheelchair from

temporary metal plate floor fix because he neglected to fix floor promptly when

notified of air conditioner leak - then he blamed me saying " I'd never have

rented to you a heavy woman if I'd known you'd be using a heavy wheelchair -

you'll have to move out " . Now that the fixes are done he's having his lawyer

make me move. Please where can I get help. Affordable housing is difficult to

find and I NEED the separate shower stall w/short step-over here in this home

or I might wind up in convalescent home. Any suggestions? Thank you, Kathy

in Central CA

[Guest guest]

--- phabricqueen@... wrote:

> Now that the fixes are

> done he's having his lawyer

> make me move. Please where can I get help.

> Affordable housing is difficult to

> find and I NEED the separate shower stall w/short

> step-over here in this home

> or I might wind up in convalescent home. Any

> suggestions? Thank you, Kathy

> in Central CA

>

Hi Kathy

Do you have a local Ombudsman? He/she could help

mediate the problem. You could also try your local

housing authority. There should also be a Legal Aid

Society in your area. Maybe it's time for you to

thank your landlord and rebuild your relationship with

him.

Kaylene

Moderator

__________________________________________________

[Guest guest]

Goodwin wrote:

> He can't force you to move just because you have a disability. You

> definately need legal advice since he has a lawyer on his side.

A landlord can't force a tenant out for having a disability, but he can for

other reasons. If a repair has not been made, withholding the rent is not a

legal way to try to get a repair done. Heck, withholding rent is grounds for

eviction.

> Check in the phone book and call several different lawyers offices and

> tell them what is going on. Be sure to tell them that he is doing this

> specifically because you have a disability.

That won't fly unless there is absolute proof that disability is the one and

only reason. A landlord can evict a person for a myriad of reasons. Just

because we have a disability, that doesn't make us special when it comes to

landlord/tenant problems.

> You have a good case against him for violating the ADA. You can

> probably sue him on that basis. Let me know what your lawyer says.

Contrary to popular belief -- just because a person has a disability, the

landlord is not violating the ADA by telling the person they have to move out.

-- He is also not violating the ADA, if he doesn't make a repair immediately. --

Also, if a disabled renter moves into an home that is not accessible, they

cannot go after the landlord to make it accessible after they've moved in.

The ADA guidelines are very specific as are landlord/tenant leases. If there is

no lease or if a person has violated their lease by being late with the rent,

withholding rent, being a verbally abusive tenant, causing damage (above the

expected normal wear and tear) in the home, junking up the yard, not maintaining

a clean home, etc. etc. -- the landlord has the right to evict.

Just because we have disabilities doesn't make us immune to the rules that apply

to everyone else. I realize this may sound a little harsh, but I deal with

these issues almost every day through my work. And no, I am not a landlord -

I'm part of an organization that advocates for people with disabilities.

If a landlord is evicting, because he has changed his mind and decided he

doesn't like people with disabilities, then he's fair game and I figure he

deserves a good smack upside the head. However, if that is not the case, he has

the same rights as if he were renting to a non disabled person.

--

Lyndi

In Work Mode

[Guest guest]

As the landlord stated to the tenant:

> " I'd never have rented to you a heavy woman if I'd known you'd be

using a heavy wheelchair -you'll have to move out " .

It seems to be pretty clearcut to me that he is discriminating against

her.

SusieQ

just because a person has a disability, the landlord is not violating

the ADA by telling the person they have to move out.

[Guest guest]

i have to agree..its discrimination. to me its the

same as telling someone they are fired from a job

because of a disability, hearing, speech,

diabetes...or even perhaps because they hurt all the

time.

kyla

Goodwin wrote:

> As the landlord stated to the tenant:

>

> > " I'd never have rented to you a heavy woman if I'd

> known you'd be using a heavy wheelchair -you'll have to move out " .

[Guest guest]

Goodwin wrote:

> As the landlord stated to the tenant:

> > " I'd never have rented to you a heavy woman if I'd known you'd be

> using a heavy wheelchair -you'll have to move out " .

>

> It seems to be pretty clearcut to me that he is discriminating against

> her.

It may seem clear-cut, but would that landlord publicly admit he'd said that??

I doubt it.

Mean as it sounds, in an indirect way, his point is valid. From the description

of the leakage, I am assuming that we're talking about an older trailer (mobile

home). Older trailers are hell on wheels. Repairs are costly and awkward.

Providing the person with a disability owns the trailer, my office will

sometimes repair older trailers for them. We don't like to, because the cost of

the repair is always more than the entire trailer is worth. The floors in most

older trailers were poorly made of cheap materials. The weight of a heavy

person and a heavy wheelchair, coupled with water damage, is definitely going to

wreak havoc on the old, poorly made floors. Many of those trailers were badly

designed and weren't meant to be lived in for more than 20 years tops.

If an older trailer was not well maintained from day one, even a 120 lb person,

living alone, is going to end up with punked floors. Most landlords have the

sense to scrap the trailers when they end up like that, but some are greedy and

want to keep renting them out. That sounds like the situation here. The

landlord could holler that there is more than average wear and tear on the

floors and he would be right. He'd still be a slumlord, but he would be right.

An older trailer with floor damage usually also has damage under the windows

(sometimes hidden). This makes the whole trailer base unstable. Once the floor

is damaged, the value of the trailer plummets to almost nothing. In some cases,

the landlord has to pay someone to scrap the trailer, because it is worth

nothing. If a tenant wants the landlord to keep repairing punk floors, the

landlord would be making no money on renting the trailer. Only slum landlords

continue to rent out trailers that have ruined floors.

The situation we are discussing here is not unique. It happens all the time.

Older trailers are not disability friendly in any way, shape or form. Instead

of fighting to stay in one, we encourage people to move to safer, more

accessibility friendly dwellings. We connect them with landlords who have

affordable, safe housing, most of which is already accessibility friendly. Many

accessible housing (usually apartments) landlords take Section 8. Many offer

sliding scales for people who are not on Section 8. Sometimes a room mate

splitting the rent in a nice two bedroom new ADA guideline apartment works well

too.

There are lots of ways to get improved housing and not have to deal with slum

landlords anymore.

--

Lyndi

Still In Work Mode

[Guest guest]

That's scary.

that means a landlord can just kick a person out?

Uabi

--- Lyndi wrote:

However, if that is not the case, he has

> the same rights as if he were renting to a non

> disabled person.

> --

> Lyndi

> In Work Mode

[Guest guest]

This is depressing.

Uabi

--- Lyndi wrote:

> There are lots of ways to get improved housing and

> not have to deal with slum

> landlords anymore.

> --

> Lyndi

> Still In Work Mode

__________________________________________________

[Guest guest]

Uabi wrote:

> That's scary.

> that means a landlord can just kick a person out?

A landlord has to give you fair notice - the time limit varies from country to

country. But yes, if he wants to do something else with his property, it is his

right to ask you to vacate.

Of course, if you have a lease, he can't break that. If you break it though, by

being negligent in some way, he can ask you to leave.

Someone mentioned the US agency Housing and Urban Development (HUD) a few posts

ago. HUD indirectly pays part of my salary, so I am very cognizant of HUD's

housing rules. In the case that we were discussing earlier, there was

negligence on the part of the landlord, but unfortunately there was negligence

on the part of the tenant too. HUD can help to a point, but when the battle

lines have been drawn, and both parties have erred, it gets really dicey.

http://www.hud.gov/renting/index.cfm

There is a bigger picture though: Once a landlord/tenant relationship gets so

sour that bad words are exchanged, rent is withheld, work isn't done etc. - it

becomes a no win situation for all concerned. Continuing to try to live on a

property with a landlord that has a slumlord mentality ends up being very, very

uncomfortable. The legal wrangling that can result when both parties have erred

can go on and on. If the matter is resolved in the tenant's favour, the landlord

may be dutiful on the surface, but human nature will prevail, and he will still

be an ass.

We all need to choose one's battles wisely. Sometimes the consequences of

" winning " can be less than desirable.

--

Lyndi

[Guest guest]

Getting better housing is depressing? :-)

Just kidding Uabi, I know what you meant. Moving can be very stressful for

anyone. A forced move doesn't have to be a " bad " thing or anymore stressful than

a chosen move.

99 times out of 100 when I'm dealing with clients who are stressed about a move,

their attitude does a 180 once the move is completed. Upgrading to a more

accessible, newer environment that doesn't cost more than their " less than " old

environment, just brightens most people's day. Having disability aware and

friendly landlords makes them pretty darn happy too.

There's always one though that finds something wrong with everything. The sun

comes in the wrong windows, they don't like that the bathroom door opens

outward, the roll in shower is too big, the roll in closet is too wide etc.

When I deal with one of those people, I just shake my head and go on to the next

person.

--

Lyndi

DCole wrote:

> This is depressing.

>

> Uabi

>

> > Lyndi (in work mode) wrote:

>

> > There are lots of ways to get improved housing and

> > not have to deal with slum landlords anymore.