Saturday, January 22, 2011

[epilepsy] more update: landlord discrimination

 

Today, more than 20 days after it was requested from the Civil Rights Department, the Housing Authority of my county had their attorney respond to my complaint.

Originally it was me VS the managements discrimatory statements wanting me out of my 17 year residence because of seizures. The Civil Rights Department wanted to ADD the Housing Authority in the complaint and this was done in early December.

Anyway, it contained a lot of legal stuff from the HUD attorney of course denying any discrimination and claims that I suffered no mental anguish or monetary damages. They give a whole list of supposed reasons why my claim should be dismissed. They say that the Housing Authority "requests an explanatory letter from any landlord who advises of their intention to terminate a lease." and "Landlords may terminate leases at their election and Housing Authority has no ability to compel them to renew or terminate leases."

Yet it's my understand from lawyers I've spoken to and documentation from them that the Housing's giving me a new voucher last year shows that they are in agreement (aiding and abeting) the landlord's discriminatory statement. The proper thing would have been "You want him out merely because of a medical reason? Sorry, we can't do that."

In the letter, the attorney says they deny "discriminating against Complainant and further denies aiding and abetting any such discrimination. Complainant was never told that he had sixty (60) days to vacate his apartment. Complainant was issued a new voucher for his protection in the event the landlord took adverse action against his tenanacy."

That sounds totally ridiculous. Of course I was told I had 60 days to leave the apartment. That's what was said when the voucher was given early last year. It wasn't given to me "in the event the landlord took adverse action"; it was for my "protection"; the landlord already did her action and the Housing Authority went along with it.

Other statements:

"Complainant suffered no humiliation and the Complaint sets forth no acts which would have resulted in humiliation. Complainant was not discriminated against by Housing Authority and accordingly ther can be no associated mental pain and suffering."

Of course this is just legal weaseling. I have a brain injury, seizures, and social anxiety and panics attacks. Back when this all started, I was definitely suffering, especially when I wasn't even being told WHY I was to be leaving. Neither the HUD or the landlord wanted to tell me the written reason. I remember asking the caseworker at HUD "Did the management ask you to not tell me their reasons?" and I was told that I should ask the management about it. That they weren't allowed to tell me things from my OWN FILE for "privacy reasons". I suffered suddenly having to move; not knowing how to even proceed; not having a security deposit for a new place; not wanting to go to a new place that would be farther away from places I had to walk to; and (when I finally found out the truth) feeling dismissed and horrible believing, I was rejected/worthless and had to leave solely because of a medical condition that scared someone. And I did have monetary loss as well, paying others to do background checks...borrowing money...etc.

"Complaint is barred by the Statute Of Limitations"; (what? 7 months can't be right)

"The Complainant has waived his right to make a claim for damages again the named Housing Authority"; (I never did such a thing)
"The Complaint is barred due to lack of service of process."

"This Court lacks personal jurisdiction over this Housing Authority."
(this is insulting, I believe, to the Civil Rights Division; the director of the division signed-off specifically and was in agreement to putting the HUD on the original complaint; I'm sure they know what they are doing and would have know if this town was out of the jurisdiction; it's ridiculous)

"Complainant's Complaint should be dismissed because Complainant has sustained no actual damages as a result of any alleged actions of the Housing Authority."

"Housing Authority did not violate any state or federal statute."

There were dozens of supposed laws named and it seems like they are picking anything out of the air. The only thing that they admit to is not even a full admission and is lame/funny. Only "admitted in part" is that I reside at my address "to the best of Respondent, Housing Authority's knowledge". Almost two decades residing here...a recertificition that took place in December...and they don't know for sure if I'm here? That's almost as stupid as if they said "We don't have any knowledge of who the man is."

So now, it's my turn to respond to what I think of this response and I've got a lot to say.

I'd very much like to hear what others say. My mom still says she's glad I'm sticking up for myself when other might not have and to not give up.

Thanks for reading. Down with discrimination of those with epilepsy!

- Brian

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