reasonable accommodation?

[confused0909]

What is the name of your state (only U.S. law)?kansas

My son has severe autism. The school he attends has the whole school accessible just for him. His iep is developed at the end of school in preperation for the coming school year. He has made such progress with all his teachers and specialist, they know him, how he acts and have acclimated to such.

We have a playground n front of my apartment just 20 ft away. My apt complex is subsidized, receiving govt money for rental assisstance. Here's my problem:

I notified my landlord I would be late with my rent this month. I received a 3 day demand. Ok. Before the 3 days expired, I made a partial payment and asked for a payment plan so I didn't get evicted. That payment was returned citing company policy. Well I requested to see the policy.

6 days later, 30 day eviction. No mention of my request. Nothing. I attempted to pay my rent 2 more times n it was returned. I find out that my neighbor was given a pay agreement.

Would my situation merit such request as a payment plan?
Do we have any protection under the fair housing act or equal opportunity?
I know a lot of my sons progress has to do with a lot of these teachers and their bonds with him and the stability that has been his home all of his life.

I have major depression and am prone to constant panic attacks and can't always leave my apt. I watch directly from my window. I have an emotional support pet.

Is there some place I need to look cuz if equal opportunity don't apply here or the reasonable accommodation provision under the fair housing act?

Plz help me cuz I'm so confusedWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[DeenaCA]

My apt complex is subsidized, receiving govt money for rental assisstance.

What kind of subsidy is it? The rules are different for the 14 different programs.

Is there some place I need to look cuz if equal opportunity don't apply here or the reasonable accommodation provision under the fair housing act?

Here's a link to the federal Fair Housing Act: United States Code: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices | LII / Legal Information Institute.

And here's a link to the current HUD and Dept of Justice joint statement on reasonable accommodation: http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.

Reasonable accommodations are exceptions to rules or policies which are necessary due to a disability. There must be a link between the disability and the exception that's being requested. Housing providers are not required to give up rent payments in order to accommodate tenants with disabilities. Such an accommodation would not be considered "reasonable".

It sounds like you're requesting a repayment agreement rather than forgiveness of the debt. Can you show that your nonpayment was due to a disability? The fact that the housing is subsidized might make a difference, so please find out which specific housing program is involved.

 

[Gail in Georgia]

Couple of things here...

A landlord/management cannot actual evict someone. Only a court can do that. Sounds like you received a 30 day notice to vacate the rental unit based on failing to pay your rent on time.

If you ignore this notice the landlord/management cannot kick you out. They can, however, file for an eviction through the court system.

If they do this, you will receive notice of a court hearing to determine whether or not you can be evicted. Go to the hearing and present your side that you now have the rent money (plus any late fees and court costs) and present to the judge that you would like to pay this so you can keep your rental unit.

This has nothing to do with equal opportunity or fair housing laws. Fair housing laws do not negate that a person will be evicted if they fail to pay rent. It also has nothing to do with your child attending school unless this happens to be the only rental unit in the entire school district. I have no idea why you brought up the idea of a playground 20 feet from the rental unit.

Gail