tenant harassment...ADA... ??

[katiekate32]

What is the name of your state (only U.S. law)? Colorado

My parents live in a mobile home park. They own their own home. They have lived in the same place for 28 years. They are 89 years old now.

Last year my Dad became disabled. Before he could be allowed to return to his home a handicap ramp had to be built. A local contractor built the ramp conforming to all the local building codes and ordinances...this was done with the knowledge and permission of the park management. The ramp extended from the front door to their parking in front of the house.

In the Spring, the neighbor complained that she wanted the ramp removed because it came to close to her "lot". The ramp was built entirely on the "lot" of my parents. The park management got into the act, and demanded the ramp be removed. After a heated discussion, the park management sent out their maintenance people and the ramp was rebuilt to extend directly from the front door into the back yard. This now requires that my dad go from the front parking to the back yard in order to get onto the ramp to come to the front door.

Next, the neighbor didn't like looking at the trash can (yard stuff only..not garbage or trash) put along side the house where she could see it. This can had stood there for a couple years..making it easy for my parents to bring it to the street on the days of pickup. Well...park management demanded that it be moved to the back yard...where it is very hard for them to move it across the grass to the curb.

Then.. the neighbor didn't like having the leaves of the shade tree falling on her yard (the tree was entirely on my parents lot)..to management took the tree down. There is now no shade on my parents yard or porch..making it impossible to be outside because of the heat.

Now...I have come to live with my parents. They really cannot manage by themselves any more. My mother is having surgery on her eyes soon, and frankly...my Dad cannot help himself let alone her too. I plan to only stay for a few months, but I know that it could be longer..and I know that I will be back soon enough ...they aren't going to be getting younger. Anyway, talked to management and offered to sign the lease, and/or provide whatever they wanted to run background/criminal check..whatever.

Today management informed me that I will not be allowed to stay. The only reason given was that management doesn't want more than 2 people living in the home. My parents home is a double-wide with 3 bedrooms!

Frankly, I don't believe that they have any right to prevent me from being here. In fact, I think that under the ADA they cannot even consider me a tenant..I think that as a caregiver in this situation my parents are protected by federal law..I think.

What should I do to get these people (management and neighbor) to leave my parents alone?
I want the ramp restored (you never saw anything so pitiful as my Dad slowly working his was down the grass to the back yard with his walker to get to the base of the ramp). I want the trash can move back to where it can be easily moved to the street. I wish they could get their shade back. But..I want this harassment to end.

Please do not suggest they move. The cost of moving this mobile home is $7,000...just to put it out on the curb!!! Moving could cost well above $15,000.. They have a fixed income..this is not possible.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Colorado

My parents live in a mobile home park. They own their own home. They have lived in the same place for 28 years. They are 89 years old now.

Last year my Dad became disabled. Before he could be allowed to return to his home a handicap ramp had to be built. A local contractor built the ramp conforming to all the local building codes and ordinances...this was done with the knowledge and permission of the park management. The ramp extended from the front door to their parking in front of the house.

In the Spring, the neighbor complained that she wanted the ramp removed because it came to close to her "lot". The ramp was built entirely on the "lot" of my parents. The park management got into the act, and demanded the ramp be removed. After a heated discussion, the park management sent out their maintenance people and the ramp was rebuilt to extend directly from the front door into the back yard. This now requires that my dad go from the front parking to the back yard in order to get onto the ramp to come to the front door.

Next, the neighbor didn't like looking at the trash can (yard stuff only..not garbage or trash) put along side the house where she could see it. This can had stood there for a couple years..making it easy for my parents to bring it to the street on the days of pickup. Well...park management demanded that it be moved to the back yard...where it is very hard for them to move it across the grass to the curb.

Then.. the neighbor didn't like having the leaves of the shade tree falling on her yard (the tree was entirely on my parents lot)..to management took the tree down. There is now no shade on my parents yard or porch..making it impossible to be outside because of the heat.

Now...I have come to live with my parents. They really cannot manage by themselves any more. My mother is having surgery on her eyes soon, and frankly...my Dad cannot help himself let alone her too. I plan to only stay for a few months, but I know that it could be longer..and I know that I will be back soon enough ...they aren't going to be getting younger. Anyway, talked to management and offered to sign the lease, and/or provide whatever they wanted to run background/criminal check..whatever.

Today management informed me that I will not be allowed to stay. The only reason given was that management doesn't want more than 2 people living in the home. My parents home is a double-wide with 3 bedrooms!

Frankly, I don't believe that they have any right to prevent me from being here. In fact, I think that under the ADA they cannot even consider me a tenant..I think that as a caregiver in this situation my parents are protected by federal law..I think.

What should I do to get these people (management and neighbor) to leave my parents alone?
I want the ramp restored (you never saw anything so pitiful as my Dad slowly working his was down the grass to the back yard with his walker to get to the base of the ramp). I want the trash can move back to where it can be easily moved to the street. I wish they could get their shade back. But..I want this harassment to end.

Please do not suggest they move. The cost of moving this mobile home is $7,000...just to put it out on the curb!!! Moving could cost well above $15,000.. They have a fixed income..this is not possible.

It appears that adding a live-in caregiver to the rental agreement would be considered a reasonable accommodation under ADA as long as the necessity of the caregiver can be justified by a doctor or medical professional. Here is some further information on the subject (the link refers to Washington State in general, but the information is applicable to any rental unit in any state, I believe): http://www.tenantsunion.org/pdf/Live-in_Caregivers_for_Tenants_Who_are_Persons_with_Disabilities.pdf

As far as the neighbors are concerned, the problem is that the park management seeks to be allowing them to dictate their wishes here. Perhaps you can include the re-placement of the ramp and re-location of the trash can. As for the shade tree, it's gone now. Would you actually have them put a new tree in to replace the one that was removed? Keep in mind that a reasonable accommodation can be exercised, but the cost to apply that accommodation would be borne by your parents. And while I understand that the tree provided shade, it would NOT necessarily be considered a necessity in order to make the place livable, so it would be difficult to make an argument that someone else would have to foot the bill for it to happen.

 

[OHRoadwarrior]

The issue here is not a housing issue directly. Parents own the home. The issue is they have a contract with the park for the rental of the space. A part of this contract is the agreement they will be the only residents on the premises. Pursuing this via ADA is possible however a confrontation with the manager on CO Mobile Home Park regs might be easier. I would politely tell them their decision is non compliant with the ADA and state regs and they can pound sand. Advise them you will be happy to let a judge decide if they take your parents to court over it.


http://www.coloradohome.org/docs/mobile_home_park_act.pdf

38-12-214 – Rules and regulations.
(1) The management shall adopt written rules and regulations concerning all home owners' use and occupancy
of the premises. Such rules and regulations are enforceable against a home owner only if:
(a) Their purpose is to promote the convenience, safety, or welfare of the home owners, protect and preserve the
premises from abusive use, or make a fair distribution of services and facilities held out for the home owners
generally;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They are not retaliatory or discriminatory in nature;
(d) They are sufficiently explicit in prohibition, direction, or limitation of the home owner's conduct to fairly
inform him of what he must or must not do to comply.

38-12-216 – Mediation, when permitted -- court actions.
(1) In any controversy between the management and a home owner of a mobile home park arising out of the
provisions of this part 2, except for the nonpayment of rent or in cases in which the health or safety of other
home owners is in imminent danger, such controversy may be submitted to mediation by either party prior to
the filing of a forcible entry and detainer lawsuit upon agreement of the parties.
(2) The agreement, if one is reached, shall be presented to the court as a stipulation. Either party to the
mediation may terminate the mediation process at any time without prejudice.
(3) If either party subsequently violates the stipulation, the other party may apply immediately to the court for
relief.

 

[sandyclaus]

The issue here is not a housing issue directly. Parents own the home. The issue is they have a contract with the park for the rental of the space. A part of this contract is the agreement they will be the only residents on the premises.

But it IS a rental issue because the park rents the space and because of fact that park management is using a rental-related issue (occupancy limits) to try to deny OP's ability to act as a caregiver for her parents.

If the park management isn't acting as a rental agent per se for the rental unit itself, then how do you think they are able to justify placing an occupancy limit within the mobile home itself which isn't owned by them? Are you trying to claim that the land itself where the mobile home is parked is subject to occupancy restrictions? Because, if you read through OP's post, the mobile home itself is a 3-bedroom unit. Even if ONE person lived in each of the 3 bedrooms, there would be MORE THAN SUFFICIENT SPACE for OP's two parents plus OP as the caregiver, as the unit is intended to be occupied by at least 3 persons simply by its design.

 

[OHRoadwarrior]

But it IS a rental issue because the park rents the space and because of fact that park management is using a rental-related issue (occupancy limits) to try to deny OP's ability to act as a caregiver for her parents.

If the park management isn't acting as a rental agent per se for the rental unit itself, then how do you think they are able to justify placing an occupancy limit within the mobile home itself which isn't owned by them? Are you trying to claim that the land itself where the mobile home is parked is subject to occupancy restrictions? Because, if you read through OP's post, the mobile home itself is a 3-bedroom unit. Even if ONE person lived in each of the 3 bedrooms, there would be MORE THAN SUFFICIENT SPACE for OP's two parents plus OP as the caregiver, as the unit is intended to be occupied by at least 3 persons simply by its design.

I updated my answer since your response, with a viable solution.

 

[Searchertwin]

What is the name of your state (only U.S. law)? Colorado

In my opinion, this ramp took away his “full enjoyment of the premises”. What was a reasonable modification turn to an unreasonable modification for your father.
Contact the Colorado Civil Rights Division: http://www.dora.state.co.us/civil-rights/
They can advise you.

When you contact them, keep your train of thoughts on your parents, and how to turn this around for them and not just argue, put give them details of how the ramp benefited him (easy access) to what was done.
Same with the trash can. Explain how it made it difficult to move the walker across the grass to curb. I mean really try to draw a picture for them, like you did when you calm down in the post.

I want the ramp restored (you never saw anything so pitiful as my Dad slowly working his was down the grass to the back yard with his walker to get to the base of the ramp). I want the trash can move back to where it can be easily moved to the street. I wish they could get their shade back. But..I want this harassment to end.

Example:
Dad was capable to maneuver the walker and trash can without difficulties because of easy access from sidewalk to curb. With LL moving trash to the backyard, the growth of the grass makes it hard for dad to manhandle the walker without the strength he once had.

Today management informed me that I will not be allowed to stay. The only reason given was that management doesn't want more than 2 people living in the home. My parents home is a double-wide with 3 bedrooms!

Basically he can do this. Why? It’s his property and his decision. Your home but his land.
Plus as OhRoadwarrior stated, "The issue is they have a contract with the park for the rental of the space. A part of this contract is the agreement they will be the only residents on the premises." His rules his decision, their signature on lease.

Good luck, one doesn’t know what is involved, taking care of a parent and the emotions involved until they experience it.
As far as the neighbors, forgive them they will answer for this in the long run.

 

[katiekate32]

I checked the lease.

Basically he can do this. Why? It’s his property and his decision. Your home but his land.
Plus as OhRoadwarrior stated, "The issue is they have a contract with the park for the rental of the space. A part of this contract is the agreement they will be the only residents on the premises." His rules his decision, their signature on lease.


When my parents moved here there were 3 people living here. My grandmother lived with them until 5 years ago when she passed away.

The lease was sign in 1985 and does not specify the number of people to live here.

 

[Searchertwin]

Basically he can do this. Why? It’s his property and his decision. Your home but his land.
Plus as OhRoadwarrior stated, "The issue is they have a contract with the park for the rental of the space. A part of this contract is the agreement they will be the only residents on the premises." His rules his decision, their signature on lease.


When my parents moved here there were 3 people living here. My grandmother lived with them until 5 years ago when she passed away.

The lease was sign in 1985 and does not specify the number of people to live here.

It would still apply. That third person was not your name.

But if you would read what Orw, cited, 38-12-214 – Rules and regulations:
(1) The management shall adopt written rules and regulations concerning all home owners' use and occupancy
of the premises. Such rules and regulations are enforceable against a home owner only if:
(a) Their purpose is to promote the convenience, safety, or welfare of the home owners,"

Now take this section and apply when you call along with what I suggested before. What was convenience for his safety and welfare is not now.

 

[Searchertwin]

I found this for you.

http://www.tenantsunion.org/pdf/Live-in_Caregivers_for_Tenants_Who_are_Persons_with_Disabilities.pdf

It states for Washington, but scroll down to Hud definitions of a care giver.

I assume, that definition, would be for all states, not just Washington.

 

[DeenaCA]

These issues fall under the federal Fair Housing Act rather than the ADA. The Americans with Disabilities Act (ADA) applies to "public accommodations" like grocery stores and public transit, but does not apply to housing. There are significant differences between the two laws.

Regarding the ramp, here is the HUD/Department of Justice joint statement on reasonable modifications: http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf. You should read the whole thing, but in particular note Q & A #19:

What if the housing provider wants an alternative modification or alternative design for the proposed modification that does not cost more but that the housing provider considers more aesthetically pleasing?
In general, the housing provider cannot insist on an alternative modification or an alternative design if the tenant complies with the requirements for reasonable modifications.
Example 1: As a result of a mobility disability, a tenant requests that he be permitted, at his expense, to install a ramp so that he can access his apartment using his motorized wheelchair. The existing entrance to his dwelling is not wheelchair accessible because the route to the front door requires going up a step. The housing provider proposes an alternative design for a ramp but the alternative design costs more and does not meet the tenant's needs. The tenant is not obligated to accept the alternative modification, as his request to modify his unit is reasonable and must be approved.

Regarding the request for a live-in caretaker, it would be a violation of the Fair Housing Act to deny such an accommodation. Of course, the caregiver can be screened for criminal background, etc. Denying permission for a caregiver by imposing an occupancy limit of 2 persons in a 3-bedroom unit is ridiculous and violates the federal law.

The Fair Housing Act applies to "housing providers", which would include the managers of the mobile home park. Another excerpt from the joint statement:

Who must comply with the Fair Housing Act's reasonable modification requirements?
Any person or entity engaging in prohibited conduct, i.e., refusing to allow an individual to make reasonable modifications when such modifications may be necessary to afford a person with a disability full enjoyment of the premises, may be held liable unless they fall within an exception to the Act's coverage. Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services.

Here is a summary of a 2005 case involving a ramp: http://www.justice.gov/crt/about/hce/documents/casesummary.php#lark. Here is an earlier hearing decision with a $25k settlement: http://portal.hud.gov/hudportal/documents/huddoc?id=HUD2004-90-0231-1a.pdf. That amount is extremely low by today's standards.

I'd recommend that your parents file a complaint directly with HUD's Office of Fair Housing & Equal Opportunity: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/online-complaint. You can file online or contact the Denver FHEO regional office at (800) 877-7353. The owners of the park have a duty to ensure that their managers comply with fair housing laws, and are ultimately liable for any violations.