Last post Sat, Aug 02 2008 2:43 PM by Hogs12. 9 replies.
I have been disabled officially for about 4 or 5 years now. Coming to terms with how people treat others that are different from them has not been an easy thing. Even before I was struck with this disabling Depression and Anxiety, I was different....lol! It seems that general populous has issues with that, yet tell the newer generations to love and accept unconditionally.
I have recently been experiencing some INTENSE discrimination from my landlord. He is constantly berating me, blaming me for things that I quite obviously am not responsible for, and generally being an ass. His latest idiotic behavior was to suggest to me that I could avoid having to deal with an eviction if I have sex with him!!!!!!!!!! I most definitely declined that disgusting offer, just to be served with in a weeks time my eviction papers. I am on HUD Housing in California, am permanently disabled on SSI, and a full time single parent to a 13 year old daughter.
In California a landlord/owner does not have to give a reason for an eviction, but they do have to send you a legal notice and usually 30, 60, or 90 days notice. Basically, the owner has a right to want possession of their property to do as they see fit. End of story. What this means for me is that even though he is obviously retaliating against my saying no to his sexual advances, I still get screwed in the end!!! Here are some of the more basic reasons that at this time in life, it would crush and ruin any remaining life my child and I have:
My daughter has had a rough time lately dealing with my health issues and some cruel words that supposed "friends" of the family decided to heap onto her. In addition, during the toughest period of her life thus far, she had to get lucky and start her period.....Hormones from hell!!!!!!!!!!
It would be beyond devestating to her to have to move from her Best Friends next door, her school, and the only support system she knows since this more intense crisis has began. My family is pretty much useless, so that makes this support system that much more important.
I am having a harder and harder time each month making ends meet and have been living on Overdrafting my Bank Account. I once upon a time would never have even considered such an option, but times change...
Because of the money issues, I have NO money or access to any funds etc... for a new deposit for a new place to live.
My credit is Horrid. Even so, I have never ever been even a day late on rent for the past 16 years of being a renter.
I totalled my car on December 29th of 2007, and now have no transportation to get anything done etc.
On top of all of this, I suffer from Depression and Anxiety that gets FAR WORSE during these types of situations....which I believe my landlord is well aware of and takes full advantage of.
I have no idea what to do, lawyers won't even take my case, legal aide has their heads firmly shoved up their butts, and I have no money to get any of the moving issues dealt with.
I am petrified. Lost, and Broken :(
Wow you really do have problems! I am also depressed ( from 5 strokes) but I am in therapy. You could threaten to file sexual harassment charges against your landlord and he may change his mind about you staying there. Good luck and hang in there.
Have you spoken to the police? Threatening eviction unless you have sex with him could be considered a form of rape.
oh my god--that's my story !! my manager did the same kind of crap to me--accusing me of things i didn't do after getting out of the psych ward.i live in rural subsidized housing,usda is the REAL boss,top of the food chain i sent a letter of complaints signed by me and several other residents to a rural dev.representative here in michigan.that was in march--he got fired 3 weeks ago.call,write,or go to the top ranking bureaucrat for hud housing.look it up on the net or your phone book.i can't promise anything but don't go down without a fight.keep track of the pervert's threats,write them down so you can explain clearly what's going on.he has to answer to hud--he's not the top dog.my manager was harrassing me and even the visiting nurse--gag.
Wow, I'm sorry for your troubles. Your landlord sounds like a real creep. I agree with Tridog about calling the police. Maybe get a restraining order on him. I would contact Fair Housing and let them know about that article. It doesn't seem right that they can evict you when you have a minor child. Have you thought about contacting your local newspaper or TV station? Maybe they could do an article on you. Also, look up all the information you can on-line about your state's fair housing practices. There has to be a lawyer out there somewhere who will help you too. Please keep trying and hang in there! Godspeed.
Becky
Someone has sold you a bill of goods on California landlord/tenant law. I used to live in CA and had a similar dispute with a landlord, so I have been through the process. Because of rampant slum lord abuse, CA law favors the tenant. If your landlord intends to evict you, there are very specific reasons for his doing so: Link
This is what worked for me: I bounced a check for my rent due to a $10 auto-deduct from my account that I had forgotten. As soon as I realized it (within a day), I went to the bank and got a cashier's check made out to my landlord for the rent plus service fees. When he refused to accept it, he tried to have me evicted by telling a slimy eviction attorney that I had not paid my rent. Since I had proof that I had tried in good faith to pay it, the attorney had to accept it. Oddly enough, the attorney even told me that my landlord had lied to him. Anyway, when I did end up moving he, of course, tried to keep my security deposit. I took him to small claims court and won. By the way, my situation was also retaliatory also; I had reported him to the city for refusing to make reparis to the property. He ended up selling the property without telling the new buyer that the city had a lien on the property to make repairs. Don't even ask me how that happened. Anyway, he fled to China directly after the sale. Oddly? He was not Chinese!
The point of that long walk down memory lane is that landlords have a difficult time enforcing their threats in California. This landlord obviously thinks you will be easy to push around and doesn't think you will find out that the law is on your side. I agree with Tridog, talk to the police. Do you have any proof that he made the offer? If not, you have to rely on the police officer's good will. Either way, GOOD LUCK!!
"It's not just about Obama is a young black man, and McCain is an old white guy."Shelley!
I am so sorry to hear how difficult you have been having it! I am also in Section 8 housing, and I know how it can be to deal with a difficult landlord. You need to talk to your HUD caseworker immediately about the sexual harrassment. While they may not volunteer solutions (you're right, they know about it, but rarely suggest it for you!), once you have made the complaint, it is their duty to investigate it. The laws regarding eviction may be a little different in Ohio, but I am pretty sure they would be about the same in regard to a landlord sexually harrassing a tenant and otherwise abusing them. I believe that is a national law in regard to fair housing. Information on that should be in a landlord/tenant rights brochure that most HUD landlords are required to distribute to their tenants. If he has never given you one, you can probably get one from your HUD caseworker. At the very least, the investigation will possibly delay the eviction process until you can find other arrangements. And, I believe that HUD law will provide with helping you to find different housing if your current living situation is intolerable due to the crap he is pulling with you. Also, I have found a lot of landlords willing to work with you on a security deposit (I couldn't pay my entire deposit up front, either, so mine has been allowing me to pay a certain amount each month toward the total cost of it).
I know this will be hard on your child, but if you do have to relocate, perhaps something will be available in the same neighborhood or school system, so as to make the transition a little easier. She will still have her school friends, and perhaps gain more in the added excitement of having a "new place" to tell them about.
Is there a Legal Aid society near you? Call them and let them know what is going on. They can handle cases like this pro bono, since you are in financial and physical distress. Insist that they help you, and make them understand that you have nowhere to go without their help. I realize that government agencies are very frustrating to deal with, but don't take no for an answer. I hope some of this was able to help. Please keep us posted on what's going on with you!
hugs from ducky
I agree with what everyone has said here, delay delay delay! I also recieve a section 8 vochure. Two years ago the owner of my apartment was going to sell it and I was going to have to move. I found out about it and asked my mother to take a loan out againist her house in order to buy my apartment. The apartment had to be paid for in full as it is a co-op. My mom did this for me. At the same time I had to get seciton 8 to allow my mom to own my apartment (small rule in HUD no relative can own your dwelling) I requested what is known as an reasonable accomadation. I had my psy. doctor write a letter saying the stress of moving would be to great for me and I was granted the accomadation. I believe with your situation you could file the same request with HUD and stay in your home. However if it's to much to deal with the stress of this landlord ( I know it would be for me) then try and find a place nearby that you can rent and have the owner become a new section 8 consumer. Explain the benefits to the owner such as payment from the state each and every month on time, the rules you have to live by and the fact that no one taking/selling drugs ever recieves section 8. That you have a yearly reexamation for continued benefits to make sure you are in compliance with all the HUD rules. For me it was easy to get my landlord on board and now well my landlord is my mother and one day I will own my apartment. You want to know something funny, I live in a 7 story building mostly retirees, and I am the only section 8 person living here among some millionaires. Let me tell you something some of them hate me and everytime they see me it's like their eyes are saying kill her! I just laugh it off.
Next for proof of what you landlord is doing, buy a cheap voice recorder and secretly tape him. Confront him about the sex for staying in your home and get his response to it that should give you plenty of fire to use againist him.
To try and help your dollar stretch have you heard of a program called angelfoodministries.com there might be one in your area and the food is really really good. They even accept food stamps and is open to all incomes.
Finally reach out to your local churches they are always willing to assist and you don't have to be involved in their religion.
Good luck and know that we are all here supporting you and your efforts.
TeeTee
Oh my, you sure have your plate full. I can truly appreciate your dilemma. Everyone's combined answers hit the nail on the heads as far as anything I might offer. However, I'd go to the top, honey. I get so angry with agencies who pass the buck or pretend not to know the law or refuse (silently or otherwise) to provide information such as the laws. Ummm....they have to know the law in order to work in those positions. By going to the top I mean go to the Regional HUD Director. If you dare go all the way to DC with an email or typed letter. Then I'd write to the ACLU and the ADA about the discrimination issue. It probably wouldn't hurt to mention you're not getting any satisfaction from the local people. Start at the top and work down from there is my motto. I don't fool around with the people working in the local office if I have something to say. Hey, they know me by first name in Nashville and they know it's not spelled with an "e"! LOL You can find all of this information online. If you don't have your written signature on your computer it might be a good idea to get it scanned so you can use it in emails. You save on postage and printing that way. Good luck, lady. I'm rooting (and praying) for you.
Roxann
The lack of knowledge by support organizations or people in authority is typical. The school systems, with all the education involved, is especially ignorant on laws relating to the disabled. One idea is to take your case to the local media. Most areas have a consumer advocate who can possibly create positive public sentiment for your situation. We come close to doing this with several issues we have encountered, each of which were resolved while we were deciding what to do next. After 19 years of dealing with disability in our household, we have come to look at new challenges as par for the course, and know going in, we probably know alot more than those on the other side. Keep learning, and fighting. You will come out okay in the end.
