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Blatant discrimination & retaliation

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gettup

Junior Member
What is the name of your state (only U.S. law)? AZ

My landlord has discriminated against me by refusing to grant a reasonable accommodation and also for including all utilities to every tenant in the building except me (I was told utilities were NOT included even though they really are.) Neighbors with the same exact size apt as me, with the same number of bedrooms, who moved in before me and after me, all have their utilities included, but mine were not.

After finding out about this, I complained to my landlord who denied telling me I was responsible for paying my own utilities and said I took it upon myself to put the utilities in my name, but I produced emails from her instructing me to turn ALL of the utilities on in my name and that I could not move in until I do. She didn't say anything after proving this. I then looked at my lease and saw that it says utilities are not my responsibility. I contacted an attorney and paid $200 to have a letter sent to the landlord informing them that they were in violation of the lease and upon receiving this letter, they transferred the utilities out of my name and into the owner's name but have refused to reimburse me for the year and ten months I had been paying them all myself, which is thousands of dollars.

Before the utility issue occurred, I had submitted a written request (as well as verbal requests) for a reasonable accommodation because I have a disability. It turns out that the reasonable accommodation I was requesting isn't an accommodation at all but is available to all tenants, disabled or not, but the landlord told me this service was not available. Since the service I requested was not unreasonable and is directly related to my disability, it should have been granted. Despite my several requests, both verbal & written, this request was not granted, nor denied, it was just simply ignored.

I have been requesting the accommodation for a year and ten months without success. Then, through all my neighbors, I found out that the service I was requesting via a reasonable accommodation request was actually being offered and utilized by all the other tenants in my complex but was exclusively being denied to me. When I specifically asked for this service, the landlord told me it wasn't available, even though it was, and all my neighbors were utilizing it. After complaining about this through the attorney who wrote the letter, he called the landlord directly and got them to allow me to use the service as well.

Two days later, I received notification from the landlord that my lease will not be renewed at the end of it's term, which will be next month. Although my state's statutes on Landlord/Tenant Laws do not include non-renewal of lease as a retaliatory action, I have found caselaw in other cases in my state that have allowed the non-renewal of a lease to be considered a retaliatory action if it met certain criteria.

My issue is, I spent all I could afford on an attorney and there is a waiting list for legal aid and my lease will expire before legal aid will even see my case, let alone assign it to an attorney.

Is there anything else I can do to prevent the landlord from doing this?

Thank you for your response.

Thank you.
 
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justalayman

Senior Member
Sorry but not reading a novella tonight so;

Whether you are liable for utilities or not is based on your lease. There is no requirement to charge you the same rent or overall terms of the other tenants. They cannot treat you differently based on a protected class.

You appear to have a valid cause of action for repayment of the utility costs. If the landlord refuses look for a renters advocacy office or sue the landlord.

What reasonable accommodation have you requested for what sort of disability.
 
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TheGeekess

Keeper of the Kraken
The landlord has decided not to renew your lease. He/she/it has that right. You have the right to start looking for somewhere else to live. :cool:
 

gettup

Junior Member
Sorry but not reading a novella tonight so;

Whether you are liable for utilities or not is based on your lease. There is no requirement to charge you the same rent or overall terms of the other tenants. They cannot treat you differently based on a protected class.

You appear to have a valid cause of action for repayment of the utility costs. If the landlord refuses look for a renters advocacy office or sue the landlord.

What reasonable accommodation have you requested for what sort of disability.
Thank you for your response.

I suffer from PTSD & agoraphobia, which is a fear of leaving the house so I requested to pay my rent online since the property management's website states tenants can pay their rent online, but my request written request was ignored. When I asked verbally, I was told the service was not available but my neighbors all say they pay their rent online every month no problem. So I mail my rent into the office and pay late fees every month because of it doesn't get to the company until after the rental due date and I can't pay it earlier because my disability benefits are not deposited to my bank account until the third of the month
 

justalayman

Senior Member
So you NEVER leave the residence?

When you asked for this accommodation did you inform the landlord it was a request for an accommodation due to your diagnosed disability?
 

gettup

Junior Member
The landlord has decided not to renew your lease. He/she/it has that right. You have the right to start looking for somewhere else to live. :cool:
I know they have the right to not renew my lease, but usually, not if the action is a retaliatory one, which it is.
 

gettup

Junior Member
So you NEVER leave the residence?

When you asked for this accommodation did you inform the landlord it was a request for an accommodation due to your diagnosed disability?
The question if I NEVER leave the house or not is not the issue, but if you MUST know, then no, not even to take out the trash and although the laws governing disability discrimination do not require me to use the words "reasonable accommodation" or to disclose what my disability is, yes, i specifically used those words and provided proof of a disability from my doctor.

And before you ask, I have in-home counseling and Dr's appts and medications are delivered right to my front door
 
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justalayman

Senior Member
Actually the law does require you to specify it is a request for an accomodation due to a disability. How would anybody know otherwise they may have a legal requirement to provide said accomodation?


And yes, whether you never leave the house or not is pertinent. You claim a need for an accomodation but if you leave the house it is merely one of convenience and not based on a need due to your disability.

There are a couple government offices you can contact regarding illegal discrimination but after reading your response you seem to have all the answers so go file a complaint.


whether the retaliation is unlawful or not is based on the basis of the retaliation. Given the tenor of your statements I suspect the reason is a character flaw and not your disability. It is not illegal to retaliate if the landlord simply doesn't like you.
 

gettup

Junior Member
Actually the law does require you to specify it is a request for an accomodation due to a disability. How would anybody know otherwise they may have a legal requirement to provide said accomodation?


And yes, whether you never leave the house or not is pertinent. You claim a need for an accomodation but if you leave the house it is merely one of convenience and not based on a need due to your disability.

There are a couple government offices you can contact regarding illegal discrimination but after reading your response you seem to have all the answers so go file a complaint.


whether the retaliation is unlawful or not is based on the basis of the retaliation. Given the tenor of your statements I suspect the reason is a character flaw and not your disability. It is not illegal to retaliate if the landlord simply doesn't like you.
http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

The Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.

I apologize if I appeared to come off in such a way, that was not my intention. It just seemed like you were doubting me. Agoraphobia doesn't mean one never leaves the house, it just means that one has a fear of it.
My fear has turned into a refusal because back when it was just a fear and I would eventually force myself to leave the house, I wouldn't be able to breathe and would have to turn around and go back home and it's quite scary not being able to breathe and feeling like you are going to die. My in-home counseling is diligently working with me to help me overcome it and I hope treatment is successful because I don't want to spend the rest of my life indoors.

The only thing I don't know about my situation, is what I asked, is there anything I can do about this? I doubt it is because of a flaw in my character because I go out of my way to be pleasant with the manager because I also have a fear of having to move because that of course would involve leaving the house, so I never wanted to put myself in a position where management didn't like me for any reason so I am sure to be very courteous and respectful toward her.
 

gettup

Junior Member
If giving advice is not what you're here for, then I guess I should make my inquiry elsewhere. I won't bother you guys again. Sorry for yhe inconvenience. Have a nice day.
 

justalayman

Senior Member
gettup;3336209]http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

The Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.
Um, ya, that's what I said. I did not say you must use the words; reasonable accommodation nor did I say you had to specify the disability even. I said you had to ask for an accommodation for a disability lest the person being asked is not going to know it is an accommodation for a disability and as such, would have no requirement to provide it.

I apologize if I appeared to come off in such a way, that was not my intention. It just seemed like you were doubting me. Agoraphobia doesn't mean one never leaves the house, it just means that one has a fear of it.
it's not whether I doubt you nor believe you. I know nothing about you other than what you posted. Many many people claim they have disabilities and not have a medically diagnosed disability, so, I asked.


My fear has turned into a refusal because back when it was just a fear and I would eventually force myself to leave the house, I wouldn't be able to breathe and would have to turn around and go back home and it's quite scary not being able to breathe and feeling like you are going to die. My in-home counseling is diligently working with me to help me overcome it and I hope treatment is successful because I don't want to spend the rest of my life indoors.
if it is truly that bad, then I hope you do overcome it. I cannot imagine living like that.


The only thing I don't know about my situation, is what I asked, is there anything I can do about this? I doubt it is because of a flaw in my character because I go out of my way to be pleasant with the manager because I also have a fear of having to move because that of course would involve leaving the house, so I never wanted to put myself in a position where management didn't like me for any reason so I am sure to be very courteous and respectful toward her.
well, we are at an odd point; do you actually believe the refusal to resign a lease is due to your disability or just that the landlord doesn't want you as a tenant? It makes a world of difference but honestly, given the fact you were originally allowed to live there and given your condition the landlord surely knew something was amiss, it makes it more difficult to prove the termination is in fact due to your disability.
 

Proserpina

Senior Member
And..? What does my previous post have to do with my current situation? I resolved that issue.
Why is everybody here so unfriendly? It's as if you don't really want to help anybody. I don't get it.

You have a history of being not-exactly-cooperative, and clearly you can't handle these issues without an attorney. It's that simple.



Jiminy Christmas. Is that a record?
Probably... :cool:
 

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