Writing anonymously because I am in multi family by day but have my own 4...

Writing anonymously because I am in multi family by day but have my own 4 unit property.
One of my renters is a hoarder. I found out when they wouldn’t give me access, changed the locks on me and I noticed no trash was going in their trash each week.
Finally gained access. The apartment is floor to ceiling cardboard boxes.
I non renewed their lease and they held over. I start eviction and I and now two months with no rent and a court mediation... Show more

Guest Insider This is not an ADA issue but could easily become a Fair Housing Act issue based on your resident’s disability. Get with an attorney!

Nancy Nort Please meet with your attorney. Fair Housing is involved, but some states have different regulations for smaller owner-managed properties. You need to make sure you're handling it correctly.

Guest Insider Nancy Nort already met with him and FH doesn’t apply to me I am less than 5 units

Guest Insider Look up “hoarding” for multi-housing. It’s a disability and protected. (ADA)
It’s a slippery slope to get them out…

Mike Powers There is an established difference between product hoarding and unsanitary conditions.

Guest Insider Still a slippery slope, at least my experience was. It was also very unsanitary, (considered part of the disease) but that’s not what was observed, the inspection was more concerned about ADA.

Renae Maisano I have had to go this route before but make sure you only discuss the fire hazard and never the hoarding disability. Be prepared to assist with the process. We weekly met with the resident, family and or support people. Our discussed and agreed upon common goal was 3 filled large totes weekly (we supplied the "large" totes) that would go to their off site storage unit, the dumpster and the last went to charity. We supplied the maintenance people to get the totes our of the building to their car for storage and charity site drop off and took the last to the dumpster themselves. We bought all materials and billed the resident back as was also agreed.
Sometimes this is depression, sometimes a cry for attention or might be the inability of the resident to organize or facilitate without direction.
Just know all is not lost but it will take time and attention to correct.

Khara House A few things. FHA has an exemption for four or less units if one of the units is owner occupied; however, you also still need to consider local (state and municipal) fair housing, Olmstead, anti-discrimination, human relations, etc. laws that may impact the exemption. Second, hoarding qualifies for reasonable accommodation to resolve the health and safety concerns, but you also mentioned non-payment; I'm missing why eviction hasn't proceeded for that. Third, you want to be very careful of the line between resolving the issue, researching the issue, and retaliating against the issue. Finally... all anyone here can offer is some basic advise based on the details you've provided, but it very much sounds like you need to seek actual legal counsel to help you in this case. You can see from the different interpretations of the info you've given in the responses so far that this is complex, and may be impacted by factors, policies, and legal considerations folks here can't help with. Check... Show more

A few things. FHA has an exemption for four or less units if one of the units is owner occupied; however, you also still need to consider local (state and municipal) fair housing, Olmstead, anti-discrimination, human relations, etc. laws that may impact the exemption. Second, hoarding qualifies for reasonable accommodation to resolve the health and safety concerns, but you also mentioned non-payment; I'm missing why eviction hasn't proceeded for that. Third, you want to be very careful of the line between resolving the issue, researching the issue, and retaliating against the issue. Finally... all anyone here can offer is some basic advise based on the details you've provided, but it very much sounds like you need to seek actual legal counsel to help you in this case. You can see from the different interpretations of the info you've given in the responses so far that this is complex, and may be impacted by factors, policies, and legal considerations folks here can't help with. Check with your local association for a recommended multifamily attorney if you don't already have one, and see if your association's attorney(s) may offer consultation prior to representation.

Guest Insider Definitely ask an attorney for help. Also, if they get assistance from a “free” attorney, in our area, it goes to the county court and then we cannot represent ourselves anyhow. I feel that our attorney helped to speed the process up a bit. I’m sorry you have to deal with this. We lost close to $15K.

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