My CIVIL RIGHTS are being violated!!

[DeenaCA]

As noted, this is subsidized housing and the owner suffers no financial loss if OP continues to live in the two-bedroom unit. The OP is not asking to pay 1/2 of the going rate. She pays 30% of her income and the government pays the rest. There are no one-bedroom units and she is not being offered a transfer.

If HUD determines that the OP's disability qualifies her for a reasonable accommodation, she is probably eligible to remain in the unit under the guidelines of the assistance program. This is not private market rental housing, it's government aid for low-income families. All of the residents in the development receive this benefit.

Even if HUD determines that the OP does not qualify as a person with disabilities, the managers could get a waiver of the occupancy rules in order for her to continue living there. The primary reason for the government to grant a waiver is a lack of waiting list applicants, and OP has stated that there are already long-term vacancies in the development.

Assuming that there are no low-income families waiting to move into OP's unit, what is the better use of the taxpayer funds? Is the community better off with the OP living in her car while the subsidized unit sits vacant? The owner will collect the subsidy in either case.

 

[justalayman]

1) Failure to accommodate. HUD.Gov says that i can ask for more time also

you claim to have already submitted your appeal and were told this:

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!

if this were true, there would be no need to head to court. You would contact them and seek an update of the situation. HHmmm, one has to wonder.

2) The new lease amendment that I signed in Dec 09 (original signed in Jan. 09) That states " The term of this lease has been renewed or revised for ONE YEAR beginning Dec. 1 09. Keep in mind that Usda rules and regs are if my apartment becomes OVERHOUSED i would have to move in 30 days OR at the end of my lease whichever is GREATER. So, i signed the NEW LEASE amendment stated that they agreed to rent a 2 bdrm apt. to JUST me. And that I was eligible for RA. (this was all when I was re-certified which they do once per year). Doesn't the word term mean the length of time?

ya, and I asked about this and you simply refused to answer any questions.

It would be foolish to run off to court if the problem can be settled as simply as walking into the office and showing them your new lease. I suspect things are not quite what you present them to be.

3)There is someone else living here that has been here for quite a while ( a man) that is Not disabled, elderly nor does he have anyone else living with him. Which HUD now knows about.

unless his name is Bonnie, his situation is irrelevant.


btw: your claimed disability has nothing to do with the broken leg anymore. That was repaired with the surgery. I know pretty much what the problem is and while it would be considered to be a disability, your complaints are a bit over the top. Additionally, the exercise equipment you listed will not benefit you in terms of range of motion improvement as neither stresses the limitations present.

 

[justalayman]

.

Assuming that there are no low-income families waiting to move into OP's unit, what is the better use of the taxpayer funds? Is the community better off with the OP living in her car while the subsidized unit sits vacant? The owner will collect the subsidy in either case.

I'll have my sis go and fill out an app for the apartment. then there will be a waiting list, which I suspect there already is. Most subsidized housing does have a waiting list.

and can you show some support for an empty unit being paid for by the gov? If that were the case, there would be no incentive to even rent a place. That claim simply makes no sense. How would they determine what to pay? as is stands, even you made the statement that gov makes up the difference between tenants share and total rent? No tenant, no share to consider.

and since OP has no income, it would be a tax savings to rent it to a tenant that at least puts something in the pot.

 

[Bonnie1964]

Small town

It is hard to find people where I live with No criminal background...at all!!!Oh and I didnt state anything like that! That must have been someone else!

 

[justalayman]

DeenaCA;2470870]e going rate. She pays 30% of her income and the government pays the rest. There are no one-bedroom units and she is not being offered a transfer.

has she asked for one? I asked that long ago but she is determined she has a right to this unit and apparently has not inquired. She did state there were single bedroom units available in other areas. It simply appears OP does not want to move to another complex.

OP's post:

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

Im interested in the moving me to another complex with a one bedroom unit...they own several,

but yet, here she is claiming whatever it takes to stay here.

If she was willing to move to a 1 bedroom, that means even she does not believe she needs the accommodation so why would anybody else.

If HUD determines that the OP's disability qualifies her for a reasonable accommodation, she is probably eligible to remain in the unit under the guidelines of the assistance program.

Huh? if she is DQ'd, that means she gets to stay. That just does not make any sense.

Even if HUD determines that the OP does not qualify as a person with disabilities, the managers could get a waiver of the occupancy rules in order for her to continue living there.

It appears the managers are the party that wants her out. I suggest this request will not be forthcoming.

The primary reason for the government to grant a waiver is a lack of waiting list applicants, and OP has stated that there are already long-term vacancies in the development.

I'll have to look for that. I don't remember that statement.

 

[Bonnie1964]

I tried talking about the new lease

I'm not telling any stories here. At all. I really just came here for some REAL info! It is relevent apparently because HUD asked me if there was anyone else living here alone in 2 bdrms.
Ive tried talking to the property manager about the new lease ammendment, she just says the notice stands...and i have too be out at the Jan 31.2010
I am not =doing any of this because i like typing...or arguing. I have never suid anyone! I know that this is complicated and really need to talk an attorney that is experinced in this particular situation.
Thanks again

 

[Bonnie1964]

Hud

I'm sorry i havent figured out how to reply to each person and just read a couple of your replys, The one about why would I head off to court? HUD just told me that they would be in touch and not to have further contact with housing authority! So, what am i supposed t do? If they put papes on my door to go to court NOT GO?? Wait for HUD? What ?

 

[justalayman]

I thought you meant head off to court to initiate a suit. What it sounds like is you meant heading off to court to attend an eviction hearing. I think this is the first time we have heard there is an eviction hearing.

most definitely attend the eviction hearing. Never ever ever miss a court hearing unless you want to lose or are dead and don't care.

I would try to contact HUD before going to court if you have the time to do so. If this is based on HUD's input, their input would be important at that hearing. It favorable to you, it could prevent any further action.

 

[DeenaCA]

Bonnie, if the manager files for eviction in court you must go to the hearing. Do not skip your court date under any circumstances. Contact the FHEO rep again if this happens.

Justalayman, I think you misread part of my last post. I said she would probably qualify to stay if she is deemed disabled, not that she could stay if she was disqualified.

One last thing on this complicated topic: while subsidized housing is in high demand in most areas, there are HUD-owned public housing properties with high vacancy rates in some parts of the country. They're often in isolated or rural areas with few services nearby (grocery store, hospital, etc.). It costs a lot of public money to maintain the vacant units.

The OP's landlord receives two federal subsidies for her unit: USDA financing and rental assistance. The USDA financing remains in place regardless of vacancies (the owner is expected to make reasonable marketing efforts). USDA loses money if the owner defaults on the note.

You're correct that the rental assistance would not be paid for a vacant unit, so the owner would lose money in that case and the government would save. Of course, it's also true that tenants paying a higher portion of rent reduce the subsidy amount that's required.

 

[justalayman]

.

Justalayman, I think you misread part of my last post. I said she would probably qualify to stay if she is deemed disabled, not that she could stay if she was disqualified.

I must have because that is not what I got from it.



and from bonnie's last couple posts, I believe there is already an eviction hearing scheduled. At least that is what I gathered from them.

 

[Bonnie1964]

Heading off to court!

There is no hearing scheduled yet. was told in a letter that if i dont move my Jan 31,2010 that she will take further action!! Which i'm sure thats what she meant .Court!
And I am calling HUD back on Monday!
Its so confusing HUD rules say that If there are no 1bdrms here they must not evict me from the property! (regards to housing authoritys)


H. Change in Family Size After Initial Occupancy
1. After a family moves into a unit, the unit may become overcrowded or
underutilized due to a change in family size.
a. Rental properties.
(1) The owner may require the family to move to a unit of
appropriate size. If a unit of appropriate size is not
available, the owner must not evict the family and must not
increase the family’s rent to the market rent. See the
example below.
Example - Change in Family Size
Atta and Kumari Gupta live in a 3-bedroom unit at Elmwood Terrace. The Guptas
have lived in the unit with their three children for 12 years. However, all of the Gupta
children are grown and have moved out of the family. Atta and Kumari Gupta no
longer need a 3-bedroom unit and could move into a 1-bedroom unit. Elmwood
Terrace has only 2- and 3-bedroom units. If a 2-bedroom unit becomes available, the
owner may require the Guptas to move into the smaller unit, but must not require them
to move out of the property. If the owner asks the Guptas to move into a 2-bedroom
unit, the Guptas may choose to move into it and continue to receive assistance, or
remain in the 3-bedroom unit and pay market rent.
(2) If a family refuses to move to the correct size unit, the
family may stay in the current unit and pay the market rent.
The owner must not evict the tenant for refusing to move
but may evict the family if it fails to pay the market rent in
accordance with the lease.
b. Subsidized housing cooperatives.
(1) Units occupied by families who are not receiving rental
assistance under a contract for assistance. In Section 236
Section 2:
Project Eligibility

 

[justalayman]

so, does that apply to just one complex or all the complexes owned by the same person. Are there geographical limitations to how far they can require you to move to be able to have the proper sized unit?


You did state this owner does have 1 bedroom units at other locations.

 

[Bonnie1964]

Good question!

I didnt even think of that one! Who knows really? By the example given I would think it was just the one complex!
I have never been offered a unit anywhere else!

 

[justalayman]

I do not know the limitation of the rules they are speaking of. It is a decent rule to support your position but you would need to know how it is applied, as my post was suggesting. If it is only the immediate complex, you might have a winner with that but for all I know, they might include all premises under the control of the same entity. I simply do not have a clue to the answer but you need to if you are going to utilize it for a defense.

as to your lack of being offered a unit elsewhere:

if I were the management, my response would be: she never asked about acquiring a 1 bedroom unit and we were under the impression her only concern was staying in this unit. We figured that either she got this 2 bedroom unit or she would have to find a 2 bedroom unit somewhere. After all, she is claiming she has to have a 2 bedroom unit.

 

[Bonnie1964]

I see what you are saying

Thank you for the advice, i just took her word for it. since there arent any one bedrooms here that I would have to move, Now Im not supposed t have any contact (per HUD) so do I ask anyway?
thanks.
To add more drama to the story! I just got a phone call from a friends daughter who is 18 yrs old. We had talked about her moving in here! Months ago! she just called and wanted to know if she still could?!!! That would solve all of the problems!
My Lease clearly states that if in the event of an eviction notice that they would clearly state on the notice that I had 14 days to correct the problem! (they didnt state anything like that). So, the friend is going to fill out an app! She has been in job corp. for the last year and half and just about ready to graduate, wants to further her education (dental) so needs a inexpensive place to live. I just know the property manager will have some kind of problem with that also! She is a student right at this moment! But wont be in a few days!
This just get more complicated with each passing day. Now I have to find out the rules and regs on students! Wow. Too much Drama! I'm not a drama queen!
If anyone has any input on this one please let me know!??
P.S was told on the phone by prop manager that I could just get a roomate. She knows how strict their background and credit checks are! Im surprised i got in with a misdeamenor on my record. (fishing) Thanks