Housing Discrimination

[DeenaCA]

I'm genuinely curious - why is the housing complex now obliged to transfer him?

They're obliged to transfer him because it's unlawful to refuse to make reasonable accommodations that are necessary to afford a person with disabilities an equal opportunity. This part of the Fair Housing Act is at 42 U S Code 3604(f)(3)(B) at http://www.law.cornell.edu/uscode/42/3604.html. Here's another case (summary) with a $125,000 settlement for refusal to transfer a family to the ground floor: http://www.justice.gov/crt/about/hce/documents/casesummary.php#hasa. And in that case, the whole building was wheelchair accessible.

Here's how the DOJ attorney summed it up in the $1.25 million case (excerpt from link in post #6):

Thomas E. Perez, the assistant attorney general for the Justice Department’s Civil Rights Division, said in a prepared statement that the settlement should send a strong message to apartment owners and managers.

“Property owners and managers have no excuse for violating our nation’s fair housing laws by refusing to accommodate people with disabilities,” he stated. “Equal access to housing in the United States is a fundamental right, and this nation will not tolerate discrimination in housing.”​

 

[CSO286]

OP....What is the nature of your disability?

Is it such that a ground floor apt is necessary?

If so, how are currently making use of your second floor apt?

 

[Silverplum]

They're obliged to transfer him because it's unlawful to refuse to make reasonable accommodations that are necessary to afford a person with disabilities an equal opportunity.

Did they refuse to make reasonable accommodations that were necessary to provide OP with an equal opportunity?

 

[Proserpina]

OP....What is the nature of your disability?

Is it such that a ground floor apt is necessary?

If so, how are currently making use of your second floor apt?

The third question is why I asked to begin with - looks like we're on the same page (again - there's a surprise ).

 

[Zigner]

Again, the OP wishes to rent the lower apartment out of convenience, not necessity.

 

[You Are Guilty]

While the complex does not need to offer OP the specific first-floor apartment he wants, particularly if it's already re-rented, they would have to give him priority on the next available one. (Which, in this case, it appears they did not do.)

Whether it is because the complex managers are unaware of their legal obligations, or whether they are just lazy is unclear. In either event, a FHA complaint tends to get their attention pretty quickly.

 

[DeenaCA]

OP....What is the nature of your disability?

While we're free to ask anybody anything online, it would violate the OP's civil rights for the housing provider to ask this. See Q & A 16 in the HUD/DOJ joint statement at http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.

The housing provider can require verification that the person is disabled but may not inquire as to the nature or severity of the disability. They can also require verification that there is a disability-related need for the accommodation that's being requested.

Is it such that a ground floor apt is necessary?

The doctor has to determine that. The managers can't make their own call if the doctor says it's necessary.

If so, how are currently making use of your second floor apt?

In both of the cases I cited/linked to in this thread, the tenants were living above the ground floor and requesting transfers. They were denied and received huge settlements.

 

[COlandlord]

Is it reasonable to rent TWO units to the same individual? Does he even qualify to rent TWO units? OP hasn't given the full story.

 

[CSO286]

The third question is why I asked to begin with - looks like we're on the same page (again - there's a surprise ).

Great minds, and all that....

 

[DeenaCA]

Did they refuse to make reasonable accommodations that were necessary to provide OP with an equal opportunity?

I'm guessing that at the time the most recent unit was rented, the OP hadn't made a formal, written request with backup documentation. But if he has, or if he does so now and they continue to deny the transfer, then yes. They are refusing to make an accommodation necessary to afford an equal opportunity, in violation of the Fair Housing Act.

That's how HUD and the DOJ interpret it. I agree with YAG that the managers either don't know the law or don't care to comply with it. In either case the owners and managers are both liable.

 

[Zigner]

I'm guessing that at the time the most recent unit was rented, the OP hadn't made a formal, written request with backup documentation. But if he has, or if he does so now and they continue to deny the transfer, then yes. They are refusing to make an accommodation necessary to afford an equal opportunity, in violation of the Fair Housing Act.

That's how HUD and the DOJ interpret it. I agree with YAG that the managers either don't know the law or don't care to comply with it. In either case the owners and managers are both liable.

Ya'll aren't seeing the forest for the trees here folks

 

[Just Say No]

Again, the OP wishes to rent the lower apartment out of convenience, not necessity.

But I think part of the necessity is that he needs a ground floor unit AND needs to be close to his caregiver/wife as he stated. Where is the line drawn?

Depending on how big of a complex it is, if he requires constant care, it would be necessity not convenience that he is living in a unit as close to the caregiver as possible... no?

 

[ecmst12]

He hasn't provided medical certification of his disability or need for the additional apartment AND he wants to pay less than a new tenant will pay. I don't see a case of any kind.

 

[Zigner]

But I think part of the necessity is that he needs a ground floor unit AND needs to be close to his caregiver/wife as he stated. Where is the line drawn?

Depending on how big of a complex it is, if he requires constant care, it would be necessity not convenience that he is living in a unit as close to the caregiver as possible... no?

He LIVES WITH his wife. He wants to have a cheap way to get his wife OUT of the place

 

[Just Say No]

He LIVES WITH his wife. He wants to have a cheap way to get his wife OUT of the place

Well you know what happens when you ASS-ume things Not knowing his medical condition and what his situation really is, you should be ashamed of yourself.