Re: tenant is a hoarder - Landlord Forum thread 336864

Re: tenant is a hoarder by MrDan (Georgia) on July 2, 2015 @12:16

Hoarding is a mental disability in which case, Fair Housing law requires the landlord attempt to reasonably accommodate. The first step is to understand that the landlord must offer a reasonable accommodation even if the hoarder does not ask for help or does not admit they have a disorder.

A landlord should determine how to address the most severe violations (fire and health code infractions) first. Make a written plan as to how they should start to remove the objects that are causing the violations.

Outline specific standards for defined areas of the house such as doorways, kitchens, bathrooms, etc. Create a timeline for each step with a distinct deadline. List who will do the removal, who will check on the progress and how often, which parts of the plan the resident agrees to participate in, and methods to be taken that will help ensure permanent resolution of the problem.

Don’t be accusatory or use words like 'junk' 'trash' or 'clutter' as hoarders don’t view their possessions as such. Simply cite the issues that are in direct violation of their lease. Then, if the hoarder is unwilling to work with you to remedy the situation on a permanent basis, seek legal intervention sooner rather than later.

Here is a great education video on Tenant Hording that outlines steps a landlord can take without violation Fair Housing Laws.

https://www.youtube.com/watch?t=33&v=vNVD3l89Yq4

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Re: tenant is a hoarder by Anonymous on July 2, 2015 @16:15	[ Reply ]

Please give a reference to the FH laws that you say require accommodation without evidence of disability.

Re: tenant is a hoarder by Nicole (PA) on July 2, 2015 @19:41	[ Reply ]

I also would like to see a statute where a landlord must "guess" as to a mental condition of a tenant and then make steps to address that condition.

Re: tenant is a hoarder by MrDan (Georgia) on July 2, 2015 @22:55	[ Reply ]

If you also had watched and listen to the posted video, you would understand what a landlord must do in regards of a tenant hoarder. No where did any statement made said a landlord must 'guess' a tenants mental condition. Such a statement shows your lack of Fair Housing Laws. If you come across a rental that looks as if the tenant is hoarding, once that thought enters your mind, then that tenant is regarded as having a disability and Fair Housing laws apply.

Re: tenant is a hoarder by MrDan (Georgia) on July 2, 2015 @22:46	[ Reply ]

If you took the time to watch and listen to the posted video, you would not need to ask such a question.

Re: tenant is a hoarder by Anonymous on July 3, 2015 @17:48	[ Reply ]

Then we, as landlords, must train ourselves to jump immediately to, "this guy is a pig and my property is not being kept clean & sanitary" and we must never let the word "hoarder" enter into our minds. I'm training my subconscious for that reaction now. And we must stop watching "Hoarders" on TV because that is just popularizing the term and making filthiness into some kind of recognizeable disability. BS

Re: tenant is a hoarder

Re: tenant is a hoarder by thank you (Florida) on July 2, 2015 @18:39	[ Reply ]

Thanks for this info Mr Dan and your advice.

Re: tenant is a hoarder by jannie (IL) on July 3, 2015 @09:47	[ Reply ]

Since the lease ends in August, why would I as a LL even want to deal with the situation. I would have given the person notice of non-renewal and been done with the situation. I may have to evict, but at least I have put them on notice they were not going to be able to stay.

Re: tenant is a hoarder by MrDan (Georgia) on July 3, 2015 @11:58	[ Reply ]

That seems like the thing to do, but it's a violation of the Fair Housing Act and falls under the definition of retaliation. "A [landlord] cannot otherwise made unavailable or denied a dwelling to tenant because of his disabilities in violation of 42 U.S.C. §3604(f)(1)(B)". (State Fair Housing laws also may apply) If you have a tenant who is perceived as being a 'Hoarder' the landlord is required to first offer an accommodation to the tenant to remedy the situation, and only after a reasonable time period, may the landlord cautiously proceed with an eviction if the disabled tenant fails to remedy the hoarding to meet health and safety standards. American Psychiatric Association has defined 'Hoarding' as a disability and covered under the Fair Housing Act.

Re: tenant is a hoarder