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Old 04-03-2008, 01:05 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,172,642 times
Reputation: 4937

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Quote:
Originally Posted by middle-aged mom View Post
I know you know your stuff.

I was just concerned that someone not in the business or as familiar with the act might have perceived otherwise.
I appreciate it! When I "mess up" - I never mind someone pointing it out to me!

Thanks again
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Old 04-03-2008, 01:46 PM
 
Location: Salem, OR
15,518 posts, read 40,267,236 times
Reputation: 17399
Quote:
Originally Posted by middle-aged mom View Post
Silverfall:

The quotes got jumbled along the way. I know that mental illness is a disability and as such is a protected class.

I inferred that Greatday was making a case for criminals being a protected class.

Like most here, I think the original issue is goofy. No one is qualified to define odd.
I was wondering. Your posts are usually right on...Sometimes it is so hard to follow a thread...

What I think is interesting is that in Arizona that actually have a line item on the form about nuisances...

I'm interested to see where the line is drawn in the sand...
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Old 04-03-2008, 02:19 PM
 
Location: Halfway between Number 4 Privet Drive and Forks, WA
1,516 posts, read 4,583,540 times
Reputation: 677
what an interesting thread...

I don't know what I'd do.
If it's a person with a disability, it seems like the Federal Fair Housing Act could sorta work itself in reverse, ie, would you have to disclose the (in this case) "nuisance" neighbor because they have a mental disability which causes them to do these things.
And how could you disclose a person's medical condition without fear of being sued?
It's a gray area, for sure.
Interesting thread...
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Old 04-03-2008, 03:24 PM
 
Location: The Big D
14,862 posts, read 42,749,451 times
Reputation: 5787
Quote:
Originally Posted by Silverfall View Post
What would happen if the seller of the house wrote that his neighbor was "crazy" or "psycho" on the disclosure form, but didn't have a mental health diagnosis. Could the neighbor sue the seller for slander/liabel??


Personally, I think tube socks with Birkenstock's is an abomination and couldn't imagine living next to someone who dressed that way.

We do have to share the planet which means learning to tolerate those that are seriously different than us.
Since the seller does not have access to the neighbors medical charts and records along w/ all of the HIPPA laws there is no way a neighbor COULD disclose such and not be held liable for slander/liabel. With HIPPA even a spouse can not get ANY information concerning their medical care and the doctors can not even leave a message on your answering machine. How one could feel that it is up to a seller to KNOW and disclouse such that they "believe" the neighbor is in some way suffering from a mental disorder is unbeliveable.


Oh, I SO SUPPORT THIS ONE!!!!!!!!!!!!!!!
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Old 04-03-2008, 03:30 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,172,642 times
Reputation: 4937
Quote:
Originally Posted by momof2dfw View Post
Since the seller does not have access to the neighbors medical charts and records along w/ all of the HIPPA laws there is no way a neighbor COULD disclose such and not be held liable for slander/liabel. With HIPPA even a spouse can not get ANY information concerning their medical care and the doctors can not even leave a message on your answering machine. How one could feel that it is up to a seller to KNOW and disclouse such that they "believe" the neighbor is in some way suffering from a mental disorder is unbeliveable.
In the case we are talking about - EVERYONE knows - the neighbors know - the police know (remember, there were police reports), the seller took the brunt of many of her actions - the neighbors took the brunt - her realitives acknowledged her "problems" and that she was "better" when she took her meds - etc

How will this case come out? In almost 40 years working in Fair Housing I have to say - I don't have a clue! I can actually go either way!

I think the trial judge has the same problem
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Old 04-03-2008, 05:18 PM
 
Location: The Big D
14,862 posts, read 42,749,451 times
Reputation: 5787
Quote:
Originally Posted by Greatday View Post
I think the trial judge has the same problem
Oh dear, not another nutcase judge. Or is it one of the same we have already seen like Judge Larry Seidlin. They should put this case on tv for those that get caught up in tv trials. I HOPE NOT THOUGH!
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Old 04-03-2008, 06:34 PM
 
Location: LEAVING CD
22,974 posts, read 26,909,086 times
Reputation: 15644
Quote:
Originally Posted by momof2dfw View Post
Oh dear, not another nutcase judge. Or is it one of the same we have already seen like Judge Larry Seidlin. They should put this case on tv for those that get caught up in tv trials. I HOPE NOT THOUGH!
Oh, come on... If they don't what am I supposed to do after days of our lives????
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Old 04-03-2008, 06:55 PM
 
Location: Salem, OR
15,518 posts, read 40,267,236 times
Reputation: 17399
Quote:
Originally Posted by Greatday View Post
In the case we are talking about - EVERYONE knows - the neighbors know - the police know (remember, there were police reports), the seller took the brunt of many of her actions - the neighbors took the brunt - her realitives acknowledged her "problems" and that she was "better" when she took her meds - etc

How will this case come out? In almost 40 years working in Fair Housing I have to say - I don't have a clue! I can actually go either way!

I think the trial judge has the same problem
Despite that everyone knew, I think the disclosure still would have to have avoided the word mental illness, since while it is generally agreed that she has one, no one knows her actual diagnosis or if she has one. So I would think the seller would have had to write "neighbor has chucked potatoes at bushes, watered my plants in the front yard, and yelled cuss words at me." They would have had to stick to as much objective information as possible and avoid any adjectives to describe her person.

I hope the trial judge appreciates the precedence that he is going to be setting with this one! I don't envy him/her.
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Old 04-03-2008, 08:26 PM
 
Location: Halfway between Number 4 Privet Drive and Forks, WA
1,516 posts, read 4,583,540 times
Reputation: 677
This thread is making me think of a little kid that used to live across the street from us a few years back. Everyone in the neighborhood dubbed him "the naked kid." No joke. He used to go out and play in the front yard and he would pull every stitch of clothing off. He'd ride his tricyle in the buff. His mom had to resort to duck taping his shorts around his waist so he couldn't pull them off.


I know, I know, off topic, but you know...
Every neighborhood has those "nutty" neighbors....
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Old 04-03-2008, 08:42 PM
 
Location: The Big D
14,862 posts, read 42,749,451 times
Reputation: 5787
Quote:
Originally Posted by leavingbyron View Post
This thread is making me think of a little kid that used to live across the street from us a few years back. Everyone in the neighborhood dubbed him "the naked kid." No joke. He used to go out and play in the front yard and he would pull every stitch of clothing off. He'd ride his tricyle in the buff. His mom had to resort to duck taping his shorts around his waist so he couldn't pull them off.


I know, I know, off topic, but you know...
Every neighborhood has those "nutty" neighbors....
What about group homes? A friend worked as a therapist with kids in these situations. Had one 16 yo girl as a patient in one that told her about the neighborhood bbq she went to. She smelled someone cooking so she found it and just went right on in the house and out to the backyard. Made herself right at home. She had a tendency to get "hot" and disrobe. So she told our friend, "went to bbq at neighbors. ate a lot of food. got hot. took of shirt and bra." By this time the owner knew where she belonged and already summoned the resident caregiver. How do you disclose THAT!

Oh jimj, surely you can find reruns of Judge Judy and a full set of the OJ trial along w/ the Anna Nicole Paternity hearing.

I'm with Silverfall, I do NOT want to know what can of worms this case could open up IF the judge decides that a seller has to disclose any and all "odd" types of neighbors.
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