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Housing Discrimination

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Jaysinrd

Junior Member
Michigan

My apartment complex has known that I need a ground floor unit due to disabilities. They have neglected to provide me with notice of any that come available. I made them aware of a unit that was coming available and made it clear I wanted it. The office had 5 days notice from me, yet they still ignored my request and rented to someone else that had just walked in off the street the day the keys had been turned in. Up to that point the office didn't even know if the lady in the apartment below me was moving out, all they had was my observation that she was, and my request to rent it. I sent the office an email 6 days before the keys were turned in and called the next day (5 days before the keys were turned in). The office employee on the phone said she had no knowledge of my neighbor moving out, but said if she was, then I could have the apartment. I confirmed to her that I wanted to keep my current apartment, as well as rent the one below so I could live separately from my caregiver/wife. This option worked best for us; to have space, and allow my caregiver, whom I rely on for everything, to be close. On Monday, 3 days before the keys were turned in, the property manager replied to my email and said "If she is (moving) i am unaware of it. I guess we will see what happens and we will talk about it." After waiting 4 days I again emailed her and asked what was going on with the apartment and she replied back that the keys had been dropped off the day before and she rented it out to someone that just walked in. She claims she didn't know if I really wanted it. Then she went on to blame me that I didn't call her to let her know I really wanted it. The email saying I wanted it and the phone call 5 days prior saying I wanted it weren't enough. She knew I wanted it, she knows about my disability and my hard time with stairs. She said she thought I was just switching apartments and didn't want to pay the transfer fee, but her fellow employee knew that wasn't the case.

I feel I have been discriminated against purely for the fact that I am a disabled military veteran. I feel the apartment management has cared more about boosting their numbers and income. Given the fact that I would be given a 25% discount due to my veteran status. There is no reason I should have been overlooked when it came to renting out this apartment.

To add to this I sent an email to the company that owns my rental complex and got a phone call back from one of the managers there. He left me a voice mail informing me that me getting that apartment is out of the question because the lease has been signed and the people have been moved in. No one has moved in yet, I live right above the unit in question, I was awoken by the maintenance crew working in the apartment so he blatantly lied to me.
They are not willing to work with me and my disabilities.What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
Were you disabled when you moved into the complex?

And are you saying that when a unit become available they were legally obliged to rent it to you?
 

CSO286

Senior Member
Were you disabled when you moved into the complex?

And are you saying that when a unit become available they were legally obliged to rent it to you?

Perhaps I'm alittle naive here, but unless it is OP's lease, I have ask on what basis the housing complex is legally obliged to rent that unit to him?
 

DeenaCA

Member
The apartment managers are obliged by the federal Fair Housing Act to make reasonable accommodations for persons with disabilities. Transfers to a ground-floor unit due to disability are common accommodations. It doesn't matter whether the OP was disabled at move-in.

OP, have you submitted a written request for the transfer? The request should state that the transfer is necessary due to a disability. It wouldn't hurt to include the term "reasonable accommodation", and to include a statement from your doctor or other professional to verify the need for the first-floor unit.

Here's a case from December 2010, in which an apartment complex agreed to pay $1.25 million for denying such a transfer. More than a million went to the tenant, who fell down the stairs and was severely injured: http://blog.al.com/live/2011/01/west_mobile_apartment_complex_1.html. More info on the case from the DOJ website: http://www.justice.gov/crt/about/hce/documents/casesummary.php#warren.

This isn't the only case involving this issue, but it's the most recent. OP, send your managers these links and see if their point of view changes. At a minimum they should offer you the next first-floor unit that becomes available. As noted in post #2, you should file a fair housing complaint if this is not settled to your satisfaction.
 
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Zigner

Senior Member, Non-Attorney
The apartment managers are obliged by the federal Fair Housing Act to make reasonable accommodations for persons with disabilities. Transfers to a ground-floor unit due to disability are common accommodations. It doesn't matter whether the OP was disabled at move-in.

OP doesn't want to move because he's disabled. OP wants to move so he doesn't have to live with his wife.

I confirmed to her that I wanted to keep my current apartment, as well as rent the one below so I could live separately from my caregiver/wife.
 

Just Say No

Junior Member
Perhaps I'm alittle naive here, but unless it is OP's lease, I have ask on what basis the housing complex is legally obliged to rent that unit to him?

That's where I'm going with it :)


I think the point you two are missing is the discrimination factor. A housing complex is not legally obligated to rent to anyone... BUT when someone is denied for no valid reason, that's when the fair housing laws come into play.

"Federal Law prohibits your landlord from discriminating against you based on your..... DISABILTY"

also

"Acts that are ILLEGAL under fair housing laws include: Refusal to Sell To, Rent To, or Negotiate With a Tenant....."


A complaint with HUD should definitely be filed.
 

DeenaCA

Member
OP doesn't want to move because he's disabled. OP wants to move so he doesn't have to live with his wife.

He also said:
My apartment complex has known that I need a ground floor unit due to disabilities.

If his doctor will certify that he needs a first-floor unit due to a disability, the housing provider must permit the transfer. It doesn't matter if his wife plans to move downstairs with him or stay where she is. Of course, they'd have to pay rent for both units.
 

Proserpina

Senior Member
This tenant accepted a different apartment in the same complex that was not on the ground floor. His situation has not changed.

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

Just Say No

Junior Member
This tenant accepted a different apartment in the same complex that was not on the ground floor. His situation has not changed.

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


How do you know his situation has not changed??? Do you know what his disabilities are? "I'm curious"

But once again, the point I get from the story is that he requested a change of apartment and was denied for no reason.
 
I'm curious on if he can afford two units (one for him and one for his wife) and why he thinks he is entitled to a 25% discount due to his veterans status.
 

Proserpina

Senior Member
How do you know his situation has not changed??? Do you know what his disabilities are? "I'm curious"

But once again, the point I get from the story is that he requested a change of apartment and was denied for no reason.



I think we all understood your point. :cool:

Perhaps OP can return to enlighten us further.
 

Just Say No

Junior Member
I'm curious on if he can afford two units (one for him and one for his wife) and why he thinks he is entitled to a 25% discount due to his veterans status.


My husband was a former service member. Veterans often receive discounts; restaurants, retail establishments, and some housing communities offer it as well.
 
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