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This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story. COTTONWOOD HEIGHTS — KSL investigative reporters helped a single mother after she allegedly received multiple eviction notices due to noise complaints about her son with autism. Virginia Emery moved into a Cottonwood Heights apartment complex with her two young sons in September 2013. Emery said that almost immediately after moving in, she started receiving eviction notices from the apartment management. The apartment manager allegedly told Emery that there was too much noise and that neighbors had filed complaints. However, Emery said the source of the noise was her 7-year-old son who has autism. "There's been times he's thrown a tantrum, it's never been at night," Emery said. "Or he'll shut a door too loudly — he'll forget." Emery said when she moved into the Pinnacle Fort Union Apartments, she told the manager about her situation right from the beginning. "I told her my little boy has autism and she said, 'That's no problem,' " Emery said. However, Emery said she received a noise complaint from a neighbor the day after she moved in. Within a week, she allegedly got a 3-day notice to comply with the noise complaints or that she would have to move out. Virginia said she and her sons tried to be quiet, but they soon got a 10-day eviction notice for being a "nuisance." "It bothers me a lot because it's like they're calling my son a nuisance and my son is not a nuisance at all," she said. Related Stories:Emery said she offered to move to a different apartment, but management said 'No.' In a final attempt to keep her apartment, Emery said she asked an autism advocate to speak with the manager, and it worked. "Everything was okay and I said, ‘Should I be expecting a new eviction notice?' " Emery said in a conversation to the apartment management. " 'No, no Virginia, absolutely not. Everything's OK.' " However, Emery said she received another eviction notice a few days later, and her family was allegedly informed they had had just three days to move out. She contacted KSL and an investigation took place. Reporters talked to the Utah Labor Commission. The Utah Labor Commission helps to enforce the Fair Housing Act. Representatives said Emery could have a case. "You have the neighbor who has the right to enjoy a quiet home environment," said Fair Housing Manager Dan Singer. "But you also have this individual with a disability. And we'd want to know if other people that have been noisy, are they given notices to vacate right away?" Luckily for Virginia, the complaints never got to the point of eviction. Hours after KSL talked to the Pinnacle Fort Union Apartments management, Emery received a message on her voicemail that was allegedly from the apartment manager. When you're a mom and you're in charge of making sure your kids have a place to live and food to eat and everything, that was a big weight on my shoulders. –Virginia Emery"We are withdrawing all of our notices," the message said. "You are OK to live on the site. We don't want to move forward with any further evictions." Emery said she was very relieved when she received the message. "I just started bawling. When you're a mom and you're in charge of making sure your kids have a place to live and food to eat and everything, that was a big weight on my shoulders," she said. The lawyer for the Pinnacle Fort Union Apartments said they had no comment except that they had just found out that Emery's son was autistic. The Utah Labor Commission has asked any renter who thinks they have been discriminated against to contact them. PhotosRelated linksRelated storiesMost recent Utah storiesMore stories you may be interested inIf you have a disability, you should understand the laws when you rent a house or apartment.Disabled people have significant protections when they rent living space. First, when you are seeking a rental, landlords are not allowed to ask whether you have a disability or illness, or ask to see your medical records. After moving in, your landlord may have to provide you with accommodations, at the landlord's expense, and may have to allow you to make reasonable modifications to your living unit, though not pay for it—such modifications will be at your own expense. Who Is Considered Disabled?The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619, 3631) prohibits discrimination against people who:
Discriminatory Questions Toward Applicants Not AllowedLandlords are not allowed to question applicants about a disability or illness, or ask to see medical records. Even if it is obvious that you are disabled—for example, you use a wheelchair or wear a hearing aid—it is nevertheless illegal for the landlord to ask for more information about the disability, including how severely you are disabled. The policy behind this rule is simple: No matter how well-intentioned the inquiries, a landlord cannot make decisions about where and how you will live on the property that the landlord would not make were you not disabled. For example, if there are two units for rent—one on the ground floor and one three stories up—the landlord must show both units to an applicant who uses a wheelchair, however reasonable the landlord thinks it would be for the applicant to consider only the ground-floor unit. Landlord Behavior Toward Applicants With Mental or Emotional ImpairmentsIf you had, or have, mental or emotional impairments that make you disabled, or if you appear to have them, you must be evaluated by the landlord on the basis of your financial stability and history as a tenant, not on the basis of your mental health. A landlord may reject you only if he or she can point to specific instances of past behavior that would make you dangerous to others (such as a previous landlord stating that you repeatedly threatened or assaulted other residents). If you cannot meet the good-tenant criteria that the landlord applies to all applicants (such as a minimum rent-to-income ratio), you may be rejected on that basis, though landlords must consider a proffered cosigner if you are otherwise qualified for the rental but for your income. Disabled Tenants' Right to Accommodations by the LandlordLandlords must accommodate the needs of disabled tenants, within reason, at the landlord's own expense (see 42 U.S.C. § 3604(f)(3)(B)). As a disabled tenant, you may expect your landlord to reasonably adjust rules, procedures, or services in order to give you an equal opportunity to use and enjoy your dwelling unit or a common space. Accommodations can include parking: If the landlord provides parking in the first place, providing a close-in, spacious parking space would be an accommodation for a tenant who uses a wheelchair. Does your landlord's duty to accommodate disabled tenants mean that you can expect every rule and procedure to be changed at your request? No. Although landlords are expected to accommodate "reasonable" requests, they need not undertake changes that would seriously impair their ability to run their business. For example, if an applicant who uses crutches prefers the third-story apartment in a walk-up building to the one on the ground floor, the landlord does not have to rip the building apart to install an elevator. That expense would be unreasonable. Disabled Tenants' Right to Make ModificationsLandlords must allow disabled tenants to make reasonable modifications to their living unit or common areas at their expense, if needed for the person to comfortably and safely live in the unit (see 42 U.S.C. § 3604(f)(3)(A)). You have the right to modify your living space to the extent necessary to make the space safe and comfortable, as long as the modifications will not make the unit unacceptable to the next tenant, or if you agree and are financially able to undo the modification when you leave. Examples of modifications undertaken by a disabled tenant include:
These modifications must be reasonable and made with prior approval. A landlord is entitled to ask for a description of the proposed modifications, proof that they will be done in a workman-like manner, and evidence that you are obtaining any necessary building permits. In addition, if you propose to modify the unit in a way that will require restoration when you leave (such as the repositioning of lowered kitchen counters), the landlord may require you to pay into an interest-bearing escrow account the amount estimated for the restoration. (The interest earned will belong to you.) Proving the Need for an Accommodation or ModificationLandlords are entitled to ask for proof that the accommodation or modification you have requested will address your needs. For some disabilities—for example, installing a ramp to accommodate a wheelchair—the solutions are obvious. But other disabilities, especially mental ones, are not obvious, and the accommodation isn't either—for example, removing doors to accommodate a person who is fearful of closed spaces. Without some proof, your landlord has no way of knowing whether your request is legitimate or a ruse to obtain special treatment. If you want a specific accommodation or modification and your disability is not obvious (or if you anticipate an argument with your landlord regarding the necessity of what you have proposed), have your proof ready before you make your request. Ask your physician or therapist for a letter attesting that you need what you are asking for and that it will meet your needs. To protect your privacy, carefully explain to the physician or other writer that it is not necessary to explain the disability; it is only necessary to certify that the changes you would like are appropriate to your situation. For all the legal and practical information you need to protect your rights as a renter, no matter what state you live in, get Every Tenant's Legal Guide, by Marcia Stewart and Janet Portman (Nolo). Can you get kicked out for kids being too loud?In virtually every case, it is illegal for a landlord to penalize, give warning notices, or evict families due to the fact that their kids play outside, make noise, run, ride bikes, throw balls, or play with toys in the common area of the apartment or condominium rental property.
Can you evict a disabled person in NY?1. An owner cannot evict a disabled tenant or the spouse of a disabled tenant from rent stabilized apartments in NYC for the purpose of owner occupancy unless the owner provides an equivalent or superior apartment at the same or lower rent in an area near the tenant's present apartment. 2.
Can you evict a disabled person in Ohio?Generally speaking, a landlord cannot evict you because you are disabled. If your disability is causing a nuisance or is considered bothersome by any other tenants, then the landlord may pursue eviction proceedings allowable by law.
Can a disabled person be evicted in Massachusetts?If you are in Housing Court and you or someone in your household is disabled, ask the clerk where the Tenancy Preservation Program is. The Tenancy Preservation Program works with tenants facing eviction that is related to a disability. Disabilities include mental health, substance abuse, and age-related disabilities.
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Disability can landlord make you move because of childs autism
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