My CIVIL RIGHTS are being violated!!

[Bonnie1964]

Oregon:
Civil rights:
I am currently disabled and am being kicked out of public Housing USDA/Rural Dev. For NO CAUSE. the issue is occupancy, I live in a 2 bedrrom alone since my daughter moved out. I have fought and fought for my rights, now I have until Jan 31,201 to get out. I asked for two Reasonable Accomadations! BOTH DENIED in the same letter. The reason they gave was " JUST BECAUSE YOU BROKE YOUR LEG (one year ago) DOESNT MEAN YOU ARE DISABLED. Well I am, I cant walk, I use a wheelchair most of the time at home, I use crutches to get around anywhere else. Im in constant pain. My doctor even sent them a letter stating My disiblity...I have filed for disability also.
I cannot physically OR financially move.
the first eviction notice was for Nov 31 2009. Which was illegal. I asked them 'What about my one year lease that i signed??? There answer was "IF YOU MOVE IT WONT GO AGAINST YOUR RENTAL HISTORY" What kind of an answer was that? A threat!
I have filed a complaint with HUD..They told me to not have any further contact with the housing authority that issues my rental assistance and whom are evicting me!
I believe my civil rights are being violated?
Please someone help!!!!!
Bonnie Vachter

 

[Ohiogal]

Have you asked to be moved to a ONE BEDROOM apartment?

 

[Bonnie1964]

No one bedrooms

There is NO one bedroom on the property...They do have other properties that they do own with one bedrooms!! Thanks for your reply!!

 

[ecmst12]

A disability according to the ADA is a PERMANENT condition. A broken leg is temporary and so does not afford you any protection under the ADA.

 

[Bonnie1964]

ADA laws

Ok, well Ive done alot of research, I do have disabling complications..from the broken leg...that will never go away! But, i do understand what you are saying! Can you please tell me where it says Permanent??? In the ADA laws!! All the places where I have researched...Says anyone that the condition is long continued...effects the persons ability to walk,see, hear breath...and so on!???? Not expected to return to work in 12 months..ect....if you can provide a link I would appreciate that.
Thank you

 

[ecmst12]

It's in the law itself. Google ADA.

 

[DeenaCA]

While the Americans with Disabilities Act could apply to federally subsidized housing, this issue is more likely to fall under the reasonable accommodations requirements of the Fair Housing Act. The Act
defines "handicap" at 42 US Code 3602 (http://www.law.cornell.edu/uscode/uscode42/usc_sup_01_42_10_45_20_I.html):

“Handicap” means, with respect to a person—
(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment

HUD and the Department of Justice issued guidance on reasonable accommodations in housing in 2004: Civil Rights Division Home Page. An accommodation can be denied if there is no disability-related need for it. Even if you are considered a person with disabilities, you would need to show that you actually need a two-bedroom unit due to your mobility impairment. Showing that it would be inconvenient for you to move may not be enough.

Here's a model lease for Rural Dev with the transfer requirements on page 1: http://www.rurdev.usda.gov/mo/LeaseAgreement__G29__MasterNov162009.pdf.

You said that you contacted HUD. Did you file a complaint with HUD's Office of Fair Housing & Equal Opportunity? If not, go to U.S. Department of Housing and Urban Development (HUD). You might also want to contact a disability advocacy organization in your area.

 

[Bonnie1964]

Physical therapy equipment!

Thanks for all you Info...Yes I did file a compalint with HUD and USDA/Rural development...
One of the REASONABLE ACCOMADADATIONS request is that i need to use my small 2nd bedroom to house medically required equipment to continue my physical therapy at home, my insurance quit paying for it, and the hospital quit helping, they said that I didnt show enough improvement. The request was signed by my Physical therapist.
I just dont think the property manager, can make a desision like she did, withought researching the facts!
Im interested in the moving me to another complex with a one bedroom unit...they own several, I'm on The Oregon Coast, thee isnt a whiole lot of anything here, besides beauty!
Thank you for your response .

 

[Bonnie1964]

Ada

Temporary impairments may or may not be disabilities under the ADA. How long an impairment lasts is a factor to be considered, but does not by itself determine whether a person has a disability under the ADA. The basic question is whether an impairment substantially limits one or more major life activities. This question is answered by looking at the extent, duration and impact of the impairment. Temporary, non-chronic impairments that do not last for a long time and that have little or no long term impact usually are not disabilities.
Examples: Broken limbs, sprains, concussions, appendicitis, common colds or influenza are generally not considered disabilities. A broken leg that heals normally within a few months would not be a disability under the ADA.
However, if a broken leg took significantly longer than the normal healing period to heal and during this period the individual could not walk, he or she would be considered to have a disability. In addition, if the leg did not heal properly and resulted in a permanent impairment that significantly restricted walking or other major life activities, he or she would be considered to have a disability.
(2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
I've already dont my research about ADA!!! I dont want to be considered disabled by no means! I have a lot of pride and have never been withought employment this long, I just have to face the facts, thanks for everyone advice!

 

[Bonnie1964]

Disability is permanent!

Just to add to my post, Everyone is thinking the same way my property manager is! A broken leg is TEMPORARY...yes it is. The complications that I have from all of the surgeries, screws and plating, Lack of blood flow to my leg all of these months has caused severe Ostoperosis from my knee down, only in my bad leg, No range of motion in my ankle (it doesn't move).Constant pain when I put any weight on my ankle and foot! I'm just trying to explain ...THATS IT IS NOT JUST A BROKEN LEG!
I do thank everyone for all of the advice!

 

[COlandlord]

OP..
You said you put in two requests for reasonable accomodations...What was the other one?

What was the basis for the eviction?

What did HUD say? Did they agree with managements decision?

 

[CdwJava]

What "reasonable accommodation" are you seeking from them?

 

[Bonnie1964]

Reasnable Accomadations!

Yes, i put two different ones in! One was to use my small 2nd bedroom for my physical therapy (medically) needed equipment, therefore my apartment would not be underhoused! The other was for more time!
HUD took my complaint and just old me NOT to have any further contact with the housing authority (that i rent from).
They are investigating the claim! Of discrimination!

 

[HappyWanderer]

I suspect it is entirely possible the OP will be considered "disabled". I also suspect that neither of the requested accommodations will be considered reasonable.

 

[CdwJava]

I also find it hard to imagine that the management might be forced to give up a two bedroom unit so that the OP can have on sight medical treatment. Now, if they were willing to PAY for the two bedroom unit, and the equipment would not otherwise inconvenience neighbors, that would certainly be reasonable. But, if she is asking to be liable for the price of a smaller apartment and keep the larger one, that would seem unreasonable.

And, of course, it is entirely possible that she is being booted for reasons unrelated to her medical issues thus making the ADA matter moot with regards to the eviction.