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Re: Unauthorized roommate, lease signing, SSI
by Bryan (Ia)
on July 3, 2012 @23:21
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Present the fact the presence of the extra person was concealed from you so it obvious that the T knew it was lease violation. Therefore the request to add the extra person is an attempt at negotiating the terms of the new lease, not a request for an accommodation. The T will have to show how adding the person to lease and allowing them to live there will improve the quality of life of the disabled T that is currently on the lease for it meet the standards of a reasonable accommodation. You are allowed to ask for such proof.
The same holds with adjustment of the due date.
Read this NOLO page for some general guidance: http://www.nolo.com/legal-encyclopedia/disabled-renters-housing-rights-30121.html
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Re: Unauthorized roommate, lease signing, SSI
by Sara
on July 3, 2012 @23:51
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The adjustment of the rent due date is nessasary to coincide with the tenants SSI check. An easy accommodation for the landlord to do. Adding another disabled person to the lease would not be a hardship for the landlord either, if the rental is large enough to have three people. The landlord would be the one to prove the accommodation was a hardship. He has aready rented to two disabled tenants and has acknowledge that the additional tenant is also disabled. The tenant does not have to prove that the additional tenant is not a hardship for the landlord, but the landlord has to prove it is. The landlord has no defense to not adding the disabled sister, but should either workout an agreement to add sister with an increase in rent to offset utilities or give the tenants a 30 day notice that the lease will not be renewed. Refuseing to rent to additional disabled sister because she is disabled will attract alot of attention from unexpected places.
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Re: Unauthorized roommate, lease signing, SSI
by Bryan (Ia)
on July 4, 2012 @01:25
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Read the law. The T has the responsibility to show that a requested accommodation is necessary to improve the quality of life of the disabled tenant.
You are making the assumption that the rent due date issue is due the arrival of the check, nothing was stated in the OP about this.
I never said that the T has to prove that any accommodation is not a hardship on the LL, only that the requested accommodation would improve the quality of life of the disabled T. I doubt that an additional, disabled, T would improve the quality of life.
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