Regarding Autistic Child and Eviction (managers, neighbors, room, move)
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They can ask you to move, but they have to provide you with equal housing and the same price. They cannot evict you because of your child's disabilities. ..........
No, they do not have to provide equal housing at the same price. Yes, they can evict a family with a disabled child if the child is so disruptive that surrounding neighbors are moving out. A landlord has to make a reasonable accommodation for a disability. Losing tenants right and left because a child is extremely disruptive is not a reasonable accommodation.
University housing has zero to do with the real world. Altering the apartment without permission isn't the same thing at all as a child being falsely accused when the child wasn't even in the area.
In my case I have an autistic daughter age 19 I've been residing on the first floor for nine years same thing complex.
I got a letter from the office indicating I'm altering the premises...I. wasn't altering anything I was adjusting what was already installed eight years ago due to the storm we had in Massachusetts a week ago 2017 .
My daughter is nonverbal she doesn't stim and she used to scream out loud a lot but doesn't do that anymore.
so some nosy neighbor had to go run to the office and I don't understand they already knew and we're fully aware that I had lattice installed eight years ago so this letter saying there was altering the premises without their consent and multiple reports without a prior authorization.
I don't understand my rights .
also my daughter uses a handicap bike in which there is no storage facility here at all I knew that from the beginning .
I'm well aware of that.
I liked my first floor but we cannot keep anything on our private patio.
so what we do on our patio shouldn't this be our personal patio to do as we please as long as it's enclosed and not bothering or in the way of any other tenant .
however I got doctor's note neurologist note.
I had to go through a whole process wait wait wait my daughter wanted her bike .
it was sitting in the middle of my living room if you can picture a small adult trike bike.
so three months go by.... I got authorization that I could store it underneath the stairwell.
which I put it there and locked it up and someone came and stole her bike .
The bike was 500.00$ and had to explain to an autistic mind that mommy cannot afford to replace your bike.
I cannot afford insurance either.
for that matter .
so they're not liable for hallway thefts.
then I received as a gift a Honda Ruckus so my daughter can used and go for a ride with me to the beach that she loves the water.
because we have a pool here in which it's very clicky and I keep to myself...but nosy not nice people gossip .
and I cannot afford to move because I can never find another place with everything all included for 1900 a month.
so it's really difficult for us and also for the change with autism... as well .
so scooter was stolen a week later someone vandalized my car Stole 2 brand new rims and tires of my 2015 Toyota Camry.
with wheel locks on them.
they said they're not liable.
then the following week I have dents all over my car hood.
it doesn't end .
I don't understand who's out to get me I'm the most quiet tenant I think that lives here as well as my daughter who is autistic doesn't speak .
what should I do .
I have doctors notes and there's no emergency exit here in this three-decker complex so I requested in my case of emergency that I have a gate installed.
my daughter is nonverbal.
she doesn't stim.
I don't understand the my rights .
We have no problem with moving downstairs. The only apartments available when we needed more space wee upstairs. Agreed, we hadn't thought of running into this situation. Aside from worrying about eviction, and the harm it will do in renting somewhere else, this place is the only home our son has known, and change in general isn't good with autistic people. We worry about how it will effect our son's well being. I know, not landlord's problem. But dealing with moving away, on top of him breaking down is something we'd like to avoid.
In the rental business, is no news, good news? Perhaps they don't intend anything at all. We're still going to request a downstairs apartment for lease renewal.
Don't baby him. Move if you have to. And you shouldn't be getting SSI....get a job! I hope you get kicked out
Bigoted hatred of children with disabilities is on the increase. What can be done about it?
hatred of children? Where?
The original OP has an issue with a neighbor complaining about noise..it doesn't matter who is making the noise...they (the downstairs neighbor) just wants it to stop. If the noise is considered to be nuisance noise, they will be held responsible...autistic kid or not...you can't just annoy the **** out of your neighbors. If the noise is considered daily living...the neighbor below will just have to suck up listening to the footfalls and pacing.
A new comment was added on page 4..I won't say question because she only asked what her rights where (meaning who can I sue and how much can I get) This person was trying to use her child to gain leverage against her complex....her issues have nothing to do with her child...maybe that's the bigotry you're talking about??
No, they do not have to provide equal housing at the same price. Yes, they can evict a family with a disabled child if the child is so disruptive that surrounding neighbors are moving out. A landlord has to make a reasonable accommodation for a disability. Losing tenants right and left because a child is extremely disruptive is not a reasonable accommodation.
University housing has zero to do with the real world. Altering the apartment without permission isn't the same thing at all as a child being falsely accused when the child wasn't even in the area.
I think the reasonable accommodation would be to allow/ask them to move to a ground floor unit.
Quote:
Originally Posted by Whitedoves1
In my case I have an autistic daughter age 19 I've been residing on the first floor for nine years same thing complex.
I got a letter from the office indicating I'm altering the premises...I. wasn't altering anything I was adjusting what was already installed eight years ago due to the storm we had in Massachusetts a week ago 2017 .
My daughter is nonverbal she doesn't stim and she used to scream out loud a lot but doesn't do that anymore.
so some nosy neighbor had to go run to the office and I don't understand they already knew and we're fully aware that I had lattice installed eight years ago so this letter saying there was altering the premises without their consent and multiple reports without a prior authorization.
I don't understand my rights .
also my daughter uses a handicap bike in which there is no storage facility here at all I knew that from the beginning .
I'm well aware of that.
I liked my first floor but we cannot keep anything on our private patio.
so what we do on our patio shouldn't this be our personal patio to do as we please as long as it's enclosed and not bothering or in the way of any other tenant .
however I got doctor's note neurologist note.
I had to go through a whole process wait wait wait my daughter wanted her bike .
it was sitting in the middle of my living room if you can picture a small adult trike bike.
so three months go by.... I got authorization that I could store it underneath the stairwell.
which I put it there and locked it up and someone came and stole her bike .
The bike was 500.00$ and had to explain to an autistic mind that mommy cannot afford to replace your bike.
I cannot afford insurance either.
for that matter .
so they're not liable for hallway thefts.
then I received as a gift a Honda Ruckus so my daughter can used and go for a ride with me to the beach that she loves the water.
because we have a pool here in which it's very clicky and I keep to myself...but nosy not nice people gossip .
and I cannot afford to move because I can never find another place with everything all included for 1900 a month.
so it's really difficult for us and also for the change with autism... as well .
so scooter was stolen a week later someone vandalized my car Stole 2 brand new rims and tires of my 2015 Toyota Camry.
with wheel locks on them.
they said they're not liable.
then the following week I have dents all over my car hood.
it doesn't end .
I don't understand who's out to get me I'm the most quiet tenant I think that lives here as well as my daughter who is autistic doesn't speak .
what should I do .
I have doctors notes and there's no emergency exit here in this three-decker complex so I requested in my case of emergency that I have a gate installed.
my daughter is nonverbal.
she doesn't stim.
I don't understand the my rights .
Everything you describe is a criminal, rather than civil matter. You need to contact the police about all these things (bike stolen, wheels stolen, car vandalized), except the storage on the porch issue.
Apologies for long post. Just want to give accurate details.
My husband and I have a 10 year old Autistic son. We have lived at our current apartment complex since our son was 5 months old. We currently reside in a second story apartment, since 2013. We used to reside on first floor, but my adult daughter moved in and we needed more room.
Earlier, this year, a new downstairs neighbour moved in below us. In early May, this year, the man living below us, came banging on our door, asking with a mad attitude, if we thought we could keep it down. I remained calm, apologising, then explaining that our son is Autistic, and cannot help or control the need to move the way he does. (Called stimming). He just looked at me with hate on his face, then stopped off. Afterward, I immediately called the management office, leaving a message about what happened.
I never received a reply, but then, in mid May, a lease violation was put into our doorway, for noise complaint, requiring us to see manager within 24 hours. Also, the notice was delivered on a Friday, requiring meeting within 24 hours, yet management office is closed on weekends! To continue, I immediately pulled my son's record of diagnoses (multiple diagnoses, including Autism), and went to the office with husband and son. Now, keep in mind that we've lived here since 2005, they've witnessed his growth, and had been informed of my son's diagnosis in 2008, when we informed them about him receiving SSI (change of income). Still, I again provided proof of son's diagnosis.
I asked what we are supposed to do, because he cannot help how he is. We explained that he's in bed at 9 pm, so neighbours are lying about hearing him all night. Also explained that redirection doesn't work, as he can't understand very well. Manager said she and assistant manager will discuss options, but also said that there's no grounds for complaint for noise occurring during business hours, up to 10 pm. (Local noise laws)
That was it. No mention of whether violation would be rescinded or not. No other discussion at all, since that meeting.
Fast forward to this past Monday evening. Again, neighbour came banging on our door, terrifying our child, as well. Again, complaining with rude attitude about my son. Keep in mind, my son stims multiple times a day, yet he hadn't been complaining since the original time he came up. I find that odd.
Once, again, I remained calm, reminding him about my son, and telling him that we spoke with managers already.
Again, he stomped off. Now we worry about another notice, and whether we will be evicted or not have lease renewal. Anyone have advice or input? Thank you.
Key points:
We've never had complaints before this man, even from previous downstairs neighbour.
We've lived here nearly ten years, managers knew of my son's disability.
Our son stims by walking or jogging back and forth, and spinning.
and the tenant on the 1st floor is just supposed to suck it up and keep paying full rent even though the noise from above is bothering him and excessive ?
You voluntarily gave up your first floor to accommodate your adult daughter.
Bigoted hatred of children with disabilities is on the increase. What can be done about it?
Someone who doesn't want to live underneath the kind of disturbance described in the OP does not equal bigoted hatred of children with disabilities. Adults do still have some rights too.
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