My CIVIL RIGHTS are being violated!!

[Proserpina]

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!

What type of medical equipment are you speaking about?

 

[Bonnie1964]

Physical theraphy!

A stationary bike, stairclimber....ect. some of the same things I was using at the hospital.
1 a : a set of materials or equipment designed for a particular use b : a group of anatomical or cytological parts functioning together <mitotic apparatus> c : an instrument or appliance designed for a specific operation
HB-2-3560, Chapter 6, 6.13 A states: “A tenant who is disabled will not be considered over housed if the tenant requests an additional room for a live-in aide or an apparatus related to the tenant’s disability.”
NOTE: Would be considered reasonable accommodation for 1 person household to live in a 2 bedroom unit if the tenant obtains doctor’s statement explaining their need for the additional bedroom. They would be considered eligible and
no waiver would be needed.
My physcal therapist signed the form, also, Legal Aidservices suggested it!
Both of the accomadations actually!

 

[cyjeff]

Where did you house your medical equipment when your daughter lived with you?

And you own this medical equipment now, right?

 

[Proserpina]

I heavily doubt these items will be considered "medically necessary" in the way you want them to be considered.

 

[justalayman]

You have already stated the 2nd bedroom is not a necessity:

Im interested in the moving me to another complex with a one bedroom unit.

yet now you want to argue it is a necessity?

put the gear in your living room for gosh sakes just like the rest of us would if we didn't have a spare bedroom.

 

[Bonnie1964]

Just a Law someone posted

I definately came to the wrong site for advice! I'm in no way dumb!! I commented on someones post!! As far as the equipment...ITS THE LAW, So have a nice day!!

 

[Proserpina]

I definately came to the wrong site for advice! I'm in no way dumb!! I commented on someones post!! As far as the equipment...ITS THE LAW, So have a nice day!!

Um...ok.

Apparently though, it's NOT the law. At least it's not the way you want the law to work.

 

[Bonnie1964]

It is the law!! Of course u have to look!

If I am ever going to recover from these injuries!
The equipment was basically prescribed (if thats what you talking about)!! The whole point of my FIRST post was!! My property manager didnt even look at the DEFINITION OF DISABILITY, and is not AWARE of the LAWS!!The whole POINT was ..until it got into all of this other jumbo..was she said I WASNT DISABLED!!!! I AM!
Thanks for everyones GREAT advice!! There was a couple that made sense!!
BYE

 

[Proserpina]

If I am ever going to recover from these injuries!
The equipment was basically prescribed (if thats what you talking about)!! The whole point of my FIRST post was!! My property manager didnt even look at the DEFINITION OF DISABILITY, and is not AWARE of the LAWS!!The whole POINT was ..until it got into all of this other jumbo..was she said I WASNT DISABLED!!!! I AM!
Thanks for everyones GREAT advice!! There was a couple that made sense!!
BYE

Please speak with local counsel who can advise you further.

 

[DeenaCA]

The OP correctly cited Handbook 2-3560 (USDA-RURAL DEVELOPMENT HANDBOOKS

A tenant who is disabled will not be considered over housed if the tenant requests an additional room for a live-in aide or an apparatus related to the tenant’s disability.

In September 2009, HUD filed charges under the Fair Housing Act against a housing agency that denied a single disabled tenant THREE bedrooms (one extra for a live-in aide, one for exercise equipment): http://hud.gov/offices/fheo/enforcement/09_HUD_v._Alaska_Housing_Finance_Corp.pdf.

Note: this case involves the voucher program rather than Rural Dev, but it's instructive. Also note that this case has not been settled.

It's going to be a close call. The OP has enlisted legal aid services and it wouldn't surprise me at all if this housing agency were to be found in violation of the FHA.

 

[HappyWanderer]

I agree with Prosperina. While there are many cases which give the OP what she wants; yet, it seems she's gaming the system.

I await the determination.

 

[Bonnie1964]

Not Gaming any system!

I'm not gaming any system, I am disabled right now,I have NEVER been withought work this long! Have lost everything...my story is not unique at all!
I moved in here for my daughter who was pregnant, so she could have a place to live! She could not handle the situation so, she moved back to her fathers! Which left me stuck with no $$$, no where to go, So I am trying to keep my place to live! Its NOT like im keeping this place from someone else! There is a few empty apartments here...and they have been for a long time...so, apparantely there is NO WAITING list?
The whole question to start is:
(Please someone answer that question if they know?)
Does the property manager have the right to say or determine my disability so easily??
JUST BECAUSE YOU HAD A BROKEN LEG DOES'NT MEAN YOU ARE DISABLED?
That is the REAL Question that I was asking?
Thanks

 

[cyjeff]

I'm not gaming any system, I am disabled right now,I have NEVER been withought work this long! Have lost everything...my story is not unique at all!
I moved in here for my daughter who was pregnant, so she could have a place to live! She could not handle the situation so, she moved back to her fathers! Which left me stuck with no $$$, no where to go, So I am trying to keep my place to live! Its NOT like im keeping this place from someone else! There is a few empty apartments here...and they have been for a long time...so, apparantely there is NO WAITING list?
The whole question to start is:
(Please someone answer that question if they know?)
Does the property manager have the right to say or determine my disability so easily??
JUST BECAUSE YOU HAD A BROKEN LEG DOES'NT MEAN YOU ARE DISABLED?
That is the REAL Question that I was asking?
Thanks

hi.

Where did you house your exercise equipment when your daughter lived with you?

Do you own this exercise equipment now?

I really don't ask these questions to practice my typing skills.

 

[>Charlotte<]

In addition to Jeff's questions I wonder if the actual intent of the exercise equipment is to address an obesity problem, if the complications with the broken leg are related to that obesity problem, and whether obesity is considered a disability under the ADA.

 

[cyjeff]

In addition to Jeff's questions I wonder if the actual intent of the exercise equipment is to address an obesity problem, if the complications with the broken leg are related to that obesity problem, and whether obesity is considered a disability under the ADA.

We have heard much about the necessity for equipment and room for that equipment.

What we haven't heard is if the equipment exists.