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  #1  
Old 07-22-2009, 07:35 AM
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Posts: 5

Nasty neighbor is discriminating


What is the name of your state (only U.S. law)?
Delaware, I have a very nasty neighbor. He has a lifetime history of criminal behavior and has done a few stints in federal prison. He is a controlling bully. He is a registered sex offender for raping a child a knife point. His own family has been victimized by him all his life and wants nothing to do with him. They too live in the
neighborhood.

He has been harassing us for 4 years to get my disabled son and his specialized housing removed from my property. He has committed over 110 acts against my son. He has called every agency in the county, called my son names, taken pictures, done survellience, hung a skull and bones on our side of his fence, watches us, takes video. We have children here and this sex offender takes videos?

We cannot get help. The police say he is committing no crime until he touches us. I cannot find a lawyer to help with a discrimination and civil rights case. I have filed a complaint with Human Relations but they have not accepted it.

Question, can I file a private nuisance case against a person like this or a public nuisance if more neighbors are involved? Would I need a lawyer? What court would I file in? What remedies could the court order?
  #2  
Old 07-22-2009, 12:27 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,753
Your nasty neighbor is ALLOWED to discriminate. He is allowed to not like you and take legal channels to "force" you to move. What types of acts has he done?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 07-22-2009, 12:44 PM
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Quote:
Originally Posted by Rita H View Post
What is the name of your state (only U.S. law)?
Delaware, I have a very nasty neighbor. He has a lifetime history of criminal behavior and has done a few stints in federal prison. He is a controlling bully. He is a registered sex offender for raping a child a knife point. His own family has been victimized by him all his life and wants nothing to do with him. They too live in the
neighborhood.

He has been harassing us for 4 years to get my disabled son and his specialized housing removed from my property. He has committed over 110 acts against my son. He has called every agency in the county, called my son names, taken pictures, done survellience, hung a skull and bones on our side of his fence, watches us, takes video. We have children here and this sex offender takes videos?

We cannot get help. The police say he is committing no crime until he touches us. I cannot find a lawyer to help with a discrimination and civil rights case. I have filed a complaint with Human Relations but they have not accepted it.

Question, can I file a private nuisance case against a person like this or a public nuisance if more neighbors are involved? Would I need a lawyer? What court would I file in? What remedies could the court order?
quoting for records

One question: who the heck is Human Relations
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  #4  
Old 07-22-2009, 01:03 PM
cbg cbg is offline
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Probably the state Human Relations commission, known also (depending on your state) as the Human Rights Commission/Board/what-have-you; the Civil Rights Commission etc.; the Commission against Discrimination (my state's name for it) or some other variation.
  #5  
Old 07-22-2009, 02:42 PM
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Posts: 5
Human Relations is the state agency that takes complaints of discrimination. They did not say it is not discrimination, they said it is too far up the line in state government and they have to figure out how to deal with it.

Since when are neighbors which are "any person" according to the Fair Housing laws allowed to discriminate?

Discrimination as in calling him a f---g retard, cripple, not disabled, cheater, doctor hopper, calling agencies over 40 times trying to get my son in trouble, telling us he will get my retarded son and his house out of here if he has to "get rid of him myself".
Since 2005 he has been trying to get my son's house out which is there under a medical hardship. I call that discrimination and if you don't think so please enlighten me. P. S. so does
fairhousing.com.

No one answered me about nuisance neighbor laws.
  #6  
Old 07-22-2009, 03:23 PM
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Location: Ohio
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Quote:
Originally Posted by Rita H View Post
Human Relations is the state agency that takes complaints of discrimination. They did not say it is not discrimination, they said it is too far up the line in state government and they have to figure out how to deal with it.

Since when are neighbors which are "any person" according to the Fair Housing laws allowed to discriminate?

Discrimination as in calling him a f---g retard, cripple, not disabled, cheater, doctor hopper, calling agencies over 40 times trying to get my son in trouble, telling us he will get my retarded son and his house out of here if he has to "get rid of him myself".
Since 2005 he has been trying to get my son's house out which is there under a medical hardship. I call that discrimination and if you don't think so please enlighten me. P. S. so does
fairhousing.com.

No one answered me about nuisance neighbor laws.
A private citizen is allowed to discriminate against ANYONE they want for ANY reason. He is not providing housing to your son. He is not discrminating in allowing the housing. He is protesting the state allowing said housing. And if your son is being threatened, then he should get a restraining order against the neighbor. If you don't live in said house with your son you don't have standing to sue most likely.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #7  
Old 07-22-2009, 04:38 PM
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Posts: 426
Quote:
Originally Posted by Rita H View Post
Discrimination as in calling him a f---g retard, cripple, not disabled, cheater, doctor hopper, calling agencies over 40 times trying to get my son in trouble, telling us he will get my retarded son and his house out of here if he has to "get rid of him myself".
That would seem more than enough to file harassment and stalking charges. I have seen it done for less. Have a lawyer send him a letter to cease-and-desist or face legal action. It is illegal to harass over Property, neighborhood, and boundary disputes and also illegal if he is doing what you say about calling agencies if proven could be Libel or slander. Make sure it includes you want no further contact with this person. A letter from a law firm would be cheapest route.
  #8  
Old 07-22-2009, 07:40 PM
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Join Date: Jul 2009
Posts: 5
Ohiogal, it is back to law school for you. Neighbors or 'any person' can discriminate if they interfere, coerce, intimidate you because of your housing choice if you are in a protected catagory. Perhaps if more professionals would use the housing laws as they are intended to be used there would be less discrimination. Lets all go burn a cross on the neighbor's lawn and say it is not discrimination because we are not the landlord.

This is exactly why the laws are in place. To protect people's right to choose where they live without being intimidated into moving.

I do have standing in that I am a person assisting a person in a protected catagory to obtain and enjoy his housing. That covers my standing.

This is a discrimination thread and the view appears to be very narrow about what is discrimination.

We have no money to hire a lawyer so I am looking for alternatives, such as filing a private nuisance. Any advice there?
  #9  
Old 07-22-2009, 08:20 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,753
Quote:
Originally Posted by Rita H View Post
Ohiogal, it is back to law school for you. Neighbors or 'any person' can discriminate if they interfere, coerce, intimidate you because of your housing choice if you are in a protected catagory. Perhaps if more professionals would use the housing laws as they are intended to be used there would be less discrimination. Lets all go burn a cross on the neighbor's lawn and say it is not discrimination because we are not the landlord.

This is exactly why the laws are in place. To protect people's right to choose where they live without being intimidated into moving.

I do have standing in that I am a person assisting a person in a protected catagory to obtain and enjoy his housing. That covers my standing.

This is a discrimination thread and the view appears to be very narrow about what is discrimination.

We have no money to hire a lawyer so I am looking for alternatives, such as filing a private nuisance. Any advice there?
Go hire an attorney. I am done trying to explain it to you. Maybe if you pay someone you will get an answer you like. The laws are in place to protect landlords from discriminating against tenants and realtors from discriminating.
Try to get a reality check. Have a good day.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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