Fair Housing: Carefull! Hoarding Is a "Protected Class" Under Fair Housing Act
People with a hoarding disability are protected by Fair Housing laws and are entitled to reasonable accommodations.
People with disabilities face particular challenges when it comes to housing and have special protections under fair housing law. Disabilities include both physical and mental impairments. It may not always be obvious that someone has a disability, which can make complying with fair housing law in this area a little tricky.
In order for people with disabilities to fully enjoy their homes in your community, it may be necessary for you to make changes to community rules, policies, procedures, services, or physical structures. These changes are called reasonable accommodations and modifications.
Hoarding is a mental disability you may encounter as you work on a property. People who suffer from hoarding are protected under fair housing law and are entitled to reasonable accommodations in the same way people with other mental or physical disabilities are.
In general, you should not initiate conversations with residents with disabilities about what accommodations they may need. Instead, you should wait for them to make a request. Hoarding is a little different because it is a case where you may need to initiate discussions with the resident because the situation is dangerous or unsanitary and must be addressed.
Here are some tips to help you work with people with hoarding disabilities in a way that complies with fair housing law.
Do not immediately begin the eviction process. People with a hoarding disability are protected by fair housing laws and are entitled to the same care and consideration you would give people with other types of disabilities.
The most common accommodation, for a person with hoarding disorder, is the written plan of action.
Depending on state and local laws, you may be able to proceed with an eviction if the resident is hoarding animals, explosives, blocking emergency exits, or directly damaging the apartment home. Again, be sure to consult your legal counsel before proceeding with an eviction, as this can be a complicated issue to navigate with residents.
Mental health experts say that about 15 million Americans suffer from the mental health problem of hoarding. Some interesting facts about hoarders:
Credit: Ellen Clark of Grace Hill
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