My CIVIL RIGHTS are being violated!!

[DeenaCA]

I disagree that this has nothing to do with the HUD situation. The OP has explained that she's unable to pay the utility bills until she receives the monthly subsidy check provided to her for that purpose. Apparently this hasn't been an issue until immediately after she filed a fair housing complaint.

This is all going to come down on the property owner, who has failed to adequately train and/or supervise the management staff. The owner is required to comply with USDA and HUD program rules in return for wads of taxpayer funds (and all rental property owners are required to comply with the Fair Housing Act). The OP has described multiple violations of program regulations and the FHA. I predict that the owner will be facing ongoing FHEO monitoring, money damages to the OP and civil penalties/fines. And that's if the owner is smart enough to conciliate before federal charges are filed.

The manager's own statements to HUD have to some extent proved the OP's claim for her. HUD considers it especially serious when the rules/laws are violated by the people administering its own programs. For examples of just how serious this situation is, take a look at FH Act Enforcement Activity - HUD and What's New in Fair Housing? - HUD.

 

[justalayman]

=DeenaCA;2474351]I disagree that this has nothing to do with the HUD situation. The OP has explained that she's unable to pay the utility bills until she receives the monthly subsidy check provided to her for that purpose. Apparently this hasn't been an issue until immediately after she filed a fair housing complaint.

the HUD situation is in reference to the 2 bedroom, 1 occupant issue. The stay (and I do not believe there is actually a legal stay from what has been posted) was requested by HUD (they do not have the legal right to demand, even they have to ask the court for a stay) and the LL agreed. Now that OP has not paid as agreed, they institute another eviction suit based on that.

This is all going to come down on the property owner, who has failed to adequately train and/or supervise the management staff. The owner is required to comply with USDA and HUD program rules in return for wads of taxpayer funds (and all rental property owners are required to comply with the Fair Housing Act). The OP has described multiple violations of program regulations and the FHA. I predict that the owner will be facing ongoing FHEO monitoring, money damages to the OP and civil penalties/fines. And that's if the owner is smart enough to conciliate before federal charges are filed.

and I believe it will be quite different but I suspect we will never know the actual outcome.

The manager's own statements to HUD have to some extent proved the OP's claim for her

you mistated that. The OP's rendition of what the manager said. No, let me say that again: the OP's rendition of what she was told by a HUD rep of what the property manager said. Ever play telephone as a kid

HUD considers it especially serious when the rules/laws are violated by the people administering its own programs.

and where have they violated any rules?

OP is still claiming there is a valid lease for 2010 in force. If there were, there would be no justification for an eviction since they cannot evict for this situation until the current lease expires. Even OP understands that but rather than standing on that grounds, which simply out, is all she would have to do, she is arguing all of these other reasons.


So far there are serious questions as to if the OP has even provided proper documentation of a disability, which in itself is still not adequate to demand a 2 bedroom. Then,from everything posted, we know she has not provided adequate documentation to support her claim for the equipment.

Now, I'm not saying OP does not have a supportable claim. What I don't see is she has followed the proper procedures to assert that claim. If that is the case, it is far different than the property manager carrying on in some egregious manner in a wild effort to evict the OP.



want the phone number of her complex so you can call the manager themselves and ask them and get their side of the story?

 

[Bonnie1964]

~~~Arguing~~~

I've been trying to get back on here since last night! I got locked out! For some reason my password wouldn't work. But I'm back it looks like and Layman....I will let everyone know the outcome! Everything I have said is the truth! I didn't come here to argue!! I just came here for advice! Its been great hearing everyone's opinions! Opinions are good, but the laws is what I was looking for I agree with Deana for sure...not because that's what I WANTED to hear! Its just from what Ive learned. I have learned allot that's for sure! From the Internet anyway!
By the way someone else just moved out, and they were only here for about two months!
OK, i will keep you updated if anyone is interested!
Oh and sure I would like the phone ### !!!

 

[justalayman]

I'm not saying you are lying. I am saying we are getting your interpretation and understanding of what is happening and what a party said that you heard through a 3rd party. You get interpretation of interpretation when you have that and almost unwavering, you do not get the complete set of facts.

and you already have the phone number. I was asking Deana if she wanted it.

 

[Bonnie1964]

Update! I was locked out of this forum!

I just have an update for anyone interested! This thread was locked? Operator error I'm sure on my part?
Just wanted to say my reasonable acc. request has been granted for now? More to the story but just want to see what happens now! thanks for everyone's advice and opinions! It did help, And Layman...I see where you are coming from for sure. I don't know if you just are grumpy or what? But, your advice did help me in the way that I need to just stick to the point and NOT waver...so thanks for that!!
One thing I'm not sure of: If anyone has any input? My lease amendment that took effect Dec 1, 2009 for one more year? I was sent New Re- certification papers to sign. to change it to a month- month! I asked WHY i have to be re certified if Nothing has changed? I cant get a straight answer. The answer I got was : "It just changes the year lease to a month to month, that's all!"
I think they are trying to trick me out of my YEAR LEASE!??? Nothing has changed...I don't think that I should sign on the dotted line?
Thanks all have a great weekend!

 

[justalayman]

"It just changes the year lease to a month to month, that's all!"

if you do in fact have a year lease, altering it to a month to month would serve you no purpose. It would be beneficial for them though as it would allow them to evict you anytime during the year if your situation changes.

I simply find this entire situation somewhat unbelievable based on the fact you state there is a 1 year lease. It has been shown that they cannot evict you during the term of your lease even if your circumstances (number of tenants, accommodations for some handicap, any other similar justification) change. Due to that, if you have a 1 year lease in place, all of this arguing and discussion is moot as they cannot evict you until your lease term expires.

so, either there is not a lease in effect or there are other facts that would allow them to evict during the term of your lease and they have not been disclosed here. Nothing else would make any sense.

and me grumpy?

I like to see myself as honest and blunt. If others take that as grumpy, so be it. Misunderstandings are often the result of trying to soften advice and information. I make no apologies for believing what I believe.

I don't get paid to be sweet and coddling.


come to think of it, I don't get paid at all to do this.

 

[Bonnie1964]

Dont get paid?

Thanks Layman!!
I don't need anyone to be sweet and coddling!! That was cute! Thanks for you Advice. I mean that!
This whole thing is nuts! You are right. The new lease ammendment and re-cert states "The Term of the lease has been renewed or revised for a one year period beginning Dec. 1, 2009. So, that says it all to me! Why even bother fighting about anything??? The original Lease states:
"Should the apartment become overcrowded or underutilized or should the Tenant no longer meet the eligibility of the project during the term of the lease agrreement, he/she will be required to vacate the apartment at the end of the lease term unless eligibility can be established, such as moving to an appropriate size unit, or an exception is granted by management"..The only way they can kick me out is if I"m a continued threat to other tenants, non payment of rent..repeated offenses...and so on!

 

[DeenaCA]

I was sent New Re- certification papers to sign. to change it to a month- month!

Hey, Bonnie - Regarding the month-to-month lease offer, you said this in post #86:

HUD also said that the property manager would put me on a month to month agreement! He told me NOT TO SIGN anything until this was investigated!

I'd recommend that you get in touch with your HUD rep tomorrow, and do whatever he/she says. Don't initiate any communications with the management. If they contact you about the new lease, politely let them know that you need to discuss the issue with HUD.

 

[Bonnie1964]

Talk with HUD first!

Thanks DeanaCA...He already told me Don't sign anything that they send! I do intend to call tomorrow! I feel like I'm being tricked! The housing authority already knows everything that they need to and NOTHING has changed, so I see no need to fill all of the paperwork out again!
Thanks for the info!

 

[Bonnie1964]

Just an add on to my last post!

I got a phone message on Friday! From some woman that I don't know, telling me that the property manager gave her my name and phone #, telling her that I am looking for a roommate! Now she is giving out my personal info???!!! What the heck is that all about! The woman lives in AZ. Which is no where near me!
After i listened to my phone messeges, I was checking my email, well there was an email also from this woman! This is all a little too much to believe, I know! But its all true!

 

[justalayman]

ignore the messages. do not make any reply to them. While it may be innocuous, any action you might take, including something you might say, could be problematic for you.

Kind of curious; does your lease even allow subleasing?

 

[Bonnie1964]

Sub leasing!

No, it doesn't say anything about subleasing! My property manager did tell me that I could find a roommate!! I sure did not ask for HER help! I already did reply by email telling her that I didn't have any room for a roommate, my extra room is filled! Also told her that I thought it was strange that my property manager DID NOT ask my permission to give my name and # out! I know that you can live with someone other that a family member, they just take everyone's income into consideration....But that was going a little too far!

 

[Bonnie1964]

Still here!

Just thought I would update my situation!
I filed the complaint with HUD officially! Sent them all my info! Have been granted a Reasonable Accommodation! With another eviction notice...via email!!! Don't think that's legal?
Also, the people that hold the keys to the apartments here, let someone in...my apartment...someone that is NOT ON THE LEASE...but took care of me for 3 months after I broke my leg!!!! He does not live with me!!! And they let him in here!! It just goes on and on with this management group!!
Have a great day all!

 

[DeenaCA]

Hey, Bonnie - What's the basis for the latest eviction threat?

If you have a contact at HUD, keep him/her informed about what's going on. It's best to do this via e-mail. You can e-mail any HUD employee by using the "locator" at http://www5.hud.gov:63001/po/i/netlocator/.

Be sure to keep copies of all notices you receive from the management, and make notes about any other incidents.

 

[goddessoflubboc]

I am coming into this at the 9th inning but I've read every post and two things jumped out at me.

First, OP talked way back about how the complex had gotten littered up and there was a notice to clean your yard but OP had no problem bc she has no yard, just a balcony. OP, are you in a 2nd floor apt?

Second, OP you stated you had a broken tibia and this is on the list for SSI. There is a list, the SSA has certain "listed impairments", this applies for SSI and SSDI equally, but a broken tibia isn't one of them. Gait problems are listed, and so may possibly be what you are referring to.

Also, I remember OP posting that Oregon doesn't offer welfare benefits like other states. In fact they do, they are federally and state-funded. There's tanf, food stamps, and medicaid. Generally calling 211 will connect you to someone local who can help you apply for these services.