Thursday, August 5, 2010

[epilepsy] Re: landlord discrimination UPDATE

 

> I really appreciate you sharing with us your situation because it educates us all about the reality of how some people look at epilepsy.
>

Yes; some people are still in the dark ages.

> I was wondering about something as far as renting or condo's. As far as if a person vomit's or dirties an area on the ground outside their apartment or condo? Is there a law or something you sign that words a tenants responsibilities in maintaining that area if they themselves make it not clean? Or, might something being said all hallways are maintained by the owners or the building in a particular way? You know where I'm going with this.
>

I'm not fully sure what you mean. I figure if a person knowingly damages/dirties properties, they should fix it is possible/permitted.
For a person who loses conciousnessness from a seizure, they aren't responsible. It's just like how people have been arrested for even stealing something from a store -- but it turns out it took place in the process of a seizure when the brain pretty much makes a person act in bizarre ways; nothing is similar in patients.

And no landlord can want or try to remove a tenant if a neighbour in the hallway doesn't like a person's medical condition.

>
> Also, I don't think in anyway anything should be posted saying they don't discriminate. Simply, because if they do, its against the law, right? If that should be posted, then every residence and business would have to post it also, right?

Definitely, there should be a posting about not discriminating. From what I see, every rental property or business is supposed to do this or they are breaking the law.

Here's the governmental site describing this:

http://www.nj.gov/oag/dcr/posters.html

There's never been such statement here, so they are doing wrong again.
If I settle, I'd want this posted in the building.

Read these other cases about discrimination situations that were handled; I imagine that mine will be there eventually:

http://www.nj.gov/oag/dcr/news.html

>
> As far as money? I haven't a clue what you should ask for! One thing for sure, all you have been pushing forward with this, and he losses whatever the dollar amount is, I'm guessing he knows you could always take him back to court if you felt it was right to. But, because of the stigma, and the common misunderstandings of epilepsy, not sure the chances of winning allot will be possible. I'm guessing most people will look at the situation and think "I wouldn't want to be in the owners situation 24/7 (as far as cleaning up you vomiting), just my thoughts.

The would never have to be 24/7 watching over me. I was never a person who had major episodes multiple times a day. 3 or so a year is normal for me and there's not always vomit or blood if I fall. Regardless of a person who did have worse than I in that area, they would legally have to deal with it and a disability is not grounds for refusal to renew a lease in New Jersey.

Because I've done this route instead of a 'normal' court procedure, up to $10,000 is usual I was told from the inspector in charge. I don't necessarily want a lot. $8,000 of that is what seems reasonable, plus various things I was wanting. I want the lady to do something that she wouldn't want to that's not money-related: learning about the disorder in classes; hiring a cleaning service instead of having their kids do it; and even writing a statement of apology (even though I know that she's convinced herself of no wrong doing). If they are named at the governmental website as well, that would be a positive thing for me.

> I give you allot of credit in going forward as you have. Interested in hearing others response to this. Take care, keep a smile on your face!
>
> Steve

Thanks, Steve. This wasn't a pleasant experience. Something that shouldn't happen to anybody and it still amazes me that it exists. The case about the complex not wanting a tenant their with their service dog (because the person was blind, I think) is just horrendous.

>
>
>
>
> --- In epilepsy@yahoogroups.com, "fakeMacGyver" <nairbrian@> wrote:
> >
> > Readers may have known of my situation that began in March, where the landlord didn't want to renew the lease because of seizures (which she specifically stated in her letter to the Housing Authority, who help with my rent).
> >
> > I had been in the process of filing a civil rights complaint and have been waiting for the results of that. Today, I spoke to the caseworker in charge who told me that they were about to complete the investigation and wanted to give me the opportunity to state a monetary amount that would be suitable to me to end the case. Because it's not a court with a jury and so-forth, he said that some people had said, for example, $100,000 in other cases but that was not likely. The man acts as a mediator between the two sides. He said in his experience, he's had requests as low as $300 and up to $8,000 on average.
> >
> > So, I want to hear what others think. He said that he followed up on epilepsy classes/education and they do exist. That's something I think this landlady and 20-something kids who live in the building should do. He told me that, whatever I say, is all just requests and the 'respondents' might not agree to my terms. I would want them to be educated and specifically to not have the kids cleaning up the building. The landlady already wrote that she nor her family are qualified, so I think that there should be a cleaning service that is qualified -- for anybody who might have some sort of accident her.
> >
> > Along with these, I surely would like a monetary amount because this was not a pleasant situation for me. I want to hear what others think:
> >
> > - what would be an amount you'd be satisfied with?
> > - what else do you think you'd want if you were in such a situation?
> >
> > I'm also thinking that there should be a flyer posted that the building does not discriminate (even though they already did). In fact, there's already specific items that most buildings, I thought, have already posted about not discriminating.
> >
>

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