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cornfused, it's more than one thing in the hud link that's why i didn't copy/paste it. i guess i thought i would get responses from people that were familiar to the law that i cited in my original post. i don't expect anyone to read the whole thing.
Well, everyone here has been giving you answers as far as we know that are according to the law hence the reason I asked that you quote something that makes you believe that the law is in your favor. As far as we all know, the law is not in your favor.
And I asked you to quote what you read because it is much easier to do that than to expect everyone here to weed through all of that info when we already feel we know the answer(s) to your question.
The reasonable accommodation would be to either move you to an available unit that meets your needs (raising the rent if applicable) or let you out of your lease without penalty so you can find somewhere else to live. No LL would take on that cost for a tenant.
if my lease wasn't renewed after such a request then what else would be the reason?
why do i feel that i'm being attacked?
my son falls under being disabled by the state. he crawls on the carpet bc he can't walk! he has allergies. i thought i would be getting answers re: my question, not feeling like i had to defend myself
i seriously think this is a reasonable accommodation re: what i am telling you..
JOINT STATEMENT OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE DEPARTMENT OF JUSTICE
REASONABLE ACCOMMODATIONS UNDER THE
FAIR HOUSING ACT
There doesn't have to be a reason for the landlord or the tenant to choose non renewal. It would up to you to prove, in court, that they didn't renew because of your son and his disability.
You feel attacked because you're not getting the answers you wanted. No one here is attacking you, they are asking you clarifying questions in order to help you the best they can.
We can't give legal advice so anything you're getting here is 'opinion' (even if the person replying is a lawyer in real life). If you need help understanding the law and your rights, you need to speak with an attorney.
Basal, why don't you just proceed to ask the management to come over and look at the wearing carpet? Explain your situation and find out what they'll do.
Holding their feet to the fire with legal action is not likely to end well for you. If this apartment is a low income prize as you say, then my advice would be to not jeopardize your situation in any way but to use some friendly diplomacy. Having an adversarial relationship with a landlord is never a good idea. Ask what they might agree to do and be ready to compromise.
Your son most certainly can get a reasonable accomodation. Handicapped tenants must pay for a licensed contractor to install any specialized equipment they need (wheel chair ramp, deaf doorbells, etc) and then must pay for a licensed contractor to restore the property when they move out.
So, indeed, by law you get to have carpet removed and linoleum installed, but at 100% your own expense and you'll get to replace carpet when you move out.
It would be cheaper to find a rental that already has solid surface flooring, but you can legally ask to have the flooring changed at your own expense.
Maybe your health insurance company will pay for it since it is a medical necessity.
One other possibility since you don't want to give up your nice low cost apartment: there are carpet cleaning companies that advertise they can clean carpet til it is allergy free.you pay to have them come in every month or so, as needed, to keep the carpet clean enough for your son. That way, it costs you less and you get to keep the apartment.
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