Can a property manager violate Fair Housing Laws?

[jellyjellyfish]

The apts I reside in changed "management" about 3 months ago. Unfortunately, the mgr lives above us. Since mgr has moved in, it has been non stop complaining about the noise level coming from our apt. What the mgr is complaining about is our child playing in the house. If my child giggles, its too loud, if he accidently crashes a toy in the wall, its too loud. Mgr said your child is 4 he needs to be quiet. This is a small apt community and we have had no complaints from the ppl who resided before her or any other tenants in the complex. Mgr has refused to give me the owner's information so I can contact them. Mgr has began to seek me out and be hostile winking eyes and blowing me kisses, which is very much unwanted. Can someone help me with this and maybe point me in the right direction. I know a little bit about landlord tenant law but don't know the exactly if that extends to property managers.

Thank you for your time...

what I forgot to mention, an incident occurred last night. As I was putting my son in his car seat, the mgr proceeded to stop the activity was doing and stated "Why haven't you contacted the owner yet. Don't worry, I'm fixing it up real good for you, don't you worry" *winking eye and blowing me kisses*.

 

[Some Random Guy]

Stop by the county offices and look up the information on who owns your property. Probably the registrar's office. It may cost you a small fee for copying documents.

Plan on moving at the end of your lease.

 

[Zigner]

And - try to keep your kid quiet...

 

[DeenaCA]

Property owners are responsible for the actions of their managers, and are liable in the case of FHA violations. Under the FHA, it's unlawful:

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

Reference: 42 US Code 3604 (US CODE: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices).

It does not sound like the manager has violated the FHA, at least not at this point. Violations would include things like trying to evict you (based on the presence of your child), forcing you to move to another unit, or placing special requirements on families with children, such as a rule against kids playing outside. Complaints about noise, with nothing else, are probably not enough to support a fair housing complaint. However, if you receive warning notices, lease violation notices, etc. (and they are based on the presence of your child), or threats of a "write-up" or eviction, this could support a claim of discrimination based on familial status.

It wouldn't be a bad idea to to courteously notify the property owner that the manager's complaints are nearing the level of harassment, and that you're considering filing a complaint. The owner is at risk if the manager has not been trained on fair housing laws.

Here's more information on the FHA: Fair Housing -- It's Your Right - HUD. And here's a case in which a property owner was fined $35,000 because the manager verbally threatened to evict a family unless they could keep their child quiet: National Fair Housing Advocate Online.

 

[Cvillecpm]

What has the manager done? Your tenancy has not been terminated? You have not contacted the owner (then you WILL be terminated) so where's the BEEF?

Keep your child QUIET * knocking toys into the wall is TOTALLY inappropriate and you need to take better control of the situation.

SOLVE the problem rather than MAKING ANOTHER PROBLEM for yourself.

 

[bolivia00]

new here but...

I just had to comment on cvillecpm's post. I know nothing about law and stuff like that but I do have a 4 year old and am in an apartment. I'm guessing that you either have never had a 4 yr old or haven't had one in an apartment. Telling this person to keep control of their child is totally insensitive and callous. Seriously... have you ever tried to keep a 4 year old from playing? I can't believe you would even post that. You weren't the slightest bit helpful...

 

[phase08]

jelly, you neglected to state where you live but in most areas you can look up property ownership information online. It's on the county website, unually property searches are via the county auditor. Just type in the address.

As for that seeking you out and blowing kisses bs, tell him to stop and consider filing a complaint with the police. Possible stalking, harassment, menacing.

 

[Cvillecpm]

HITTING THE WALL OF SOMEONE ELSE'S PROPERTY?

Go buy your OWN home if you want your child to damage or destroy property.

This is very simple - control your child by teaching it discipline, respect and take it to a local park for exercise.

Move at the end of your lease. I suspect the property has put the new property manager in FOR A REASON

 

[bolivia00]

My last comment..

Seriously Cvillecpm... you are a jerk. plain and simple. Jelly asked for legal advice NOT parenting advice for which it is obvious you have NONE! Have you thought to consider (or re-read jelly's post) that these noise are ACCIDENTS? Sheesh.. have some compassion. And Merry Christmas to you..

 

[Cvillecpm]

Sorry Bol....living in a community as one does in a multi-unit building, parents must be responsible for the actions of their children - the "accidents" are annoying to others and should be stopped.

There is no evidence in the OP's one and only post that the property manager has done anything even vaguely resembling a violation of the fair housing laws; however, there is evidence that the OP is not taking responsibility for the actions of her child which * if neighbors complain and there is sufficient evidence of continued noise violations * could get the OP removed from the property....my COMPASSION is for the family that may be evicted because the mother can not get past some real or imagined actions by the manager....she needs to GROW UP * winking eyes? blowing kisses? maybe they were directed to her CHILD!!

 

[TigerD]

HITTING THE WALL OF SOMEONE ELSE'S PROPERTY?

Go buy your OWN home if you want your child to damage or destroy property.

This is very simple - control your child by teaching it discipline, respect and take it to a local park for exercise.

Move at the end of your lease. I suspect the property has put the new property manager in FOR A REASON

A child is never an "it." And you are smoking crack if you think you can prevent a toddler from occasionally banging on a wall.

DC

 

[wesawitbleed]

What has the manager done? Your tenancy has not been terminated? You have not contacted the owner (then you WILL be terminated) so where's the BEEF?

Keep your child QUIET * knocking toys into the wall is TOTALLY inappropriate and you need to take better control of the situation.

SOLVE the problem rather than MAKING ANOTHER PROBLEM for yourself.

the ONLY way you can prevent any and all noise would be by tying up a child to a chair and taping their mouth shut. by doing that would be opening the flood gate for child abuse.

 

[ecmst12]

People who live in a multi unit building just have to accept that there is going to be noise from other units. You can NOT expect children to be silent, even for 5 minutes let alone all the time. Kids are exuberant and clumsy and reckless....they're CHILDREN for god's sake. Your manager should move to another unit if she can't deal.

 

[juber0]

I would almost have you file a report with the police claiming harassment if you could prove it...Sounds like sexual harassment to me.

 

[5dayNTV]

* winking eyes? blowing kisses? maybe they were directed to her CHILD!!

If someone who was very obviously harassing me winked and blew kisses to my child I would think they were on the level of sex offender.

This manager's supervisor needs to know about the behavior toward her tenants/neighbors.

If you live in an apartment, expect to hear some noise from those around you. This manager should understand and accept this more than anyone!