1. LEADING AGE OHIO HOARDING Presented By: William L. Willis, Esq
LEADING AGE OHIO HOARDING Presented By: William L. Willis, Esq. Willis Law Firm LLC 141 East Town Street, Suite 200 Columbus, Ohio Phone: Fax:

2. I’m not a social worker, but I do play one on TV
I’m not a social worker, but I do play one on TV. My perspective is from representing landlords

3. “To steal the ideas of one individual is plagiarism
“To steal the ideas of one individual is plagiarism. To steal the ideas of many is called research. The following information is research” - WLW

4. ** For the past several years, discrimination against people with disabilities has made up the majority of fair housing complaints
** Disability-based housing 51.8% of all complaints

5. 54 Million people in U.S. have a disability
38% of people 65 and over have disabilities
12.5% of the U.S. population is 65 and older
11.4% of U.S. population ages is 55-64

6. 14.8% of Ohio’s population is over 65

7. Hoarding officially recognized as Mental Disorder in May 2013

8. Hoarding that violates health and safety codes is a lease violation

9. In Ohio, any violation of ORC 5321
In Ohio, any violation of ORC (Tenant Obligations under Landlord-Tenant Act) requires a 30-Day Notice with Rights to Cure pursuant to RC

10. Tenant Obligations
A tenant who is a party to a rental agreement shall do all of the following:
Keep that part of the premises that he occupies & uses safe & sanitary
Dispose of all rubbish, garbage, & other waste in a clean, safe, & sanitary manner
Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits
Use and operate all electrical & plumbing fixtures properly
Comply with the requirements imposed on tenants by all applicable state & local housing, health, & safety codes

11. 5321.11 Failure of tenant to fulfill obligations – remedies of landlord
If the tenant fails to fulfill any obligation imposed upon him by section of the Revised Code that materially affects health & safety, other than the obligation described in division (A)(9) of that section, the landlord may deliver a written notice of this fact to the tenant specifying the act or omission that constitutes noncompliance with the pertinent obligations & specifying that the rental agreement will terminate upon a date specified in the notice, not less than 30 days after receipt of the notice. If the tenant fails to remedy the condition specified in the notice, the rental agreement shall terminate as provided in the notice.

12. Examples of Lease Violations
Odor
Infestation or failing to prepare
Blocking Exits
Fire Hazards
Blocked Exits
Papers near stove, heating vents
Storing combustible items
Resident a smoker?

13. Examples of Lease Violations (Continued)
Animals
Multiple
Feces,untended litter
Damage to carpet, other property
Garbage
Health/fire department citations
Unusable bathroom facilities

14. Develop clear written conditions of minimum housekeeping standards
Resident responsibilities
Storage blocking (ingress-egress)
Clutter vs Hoarding

15. Evidence (document, document, document)
Photos/videos – legal if obtain proper entry
Health or Fire Department Citations
Make friends w/ inspectors, ask them to talk at residents’ meeting
Make joint approach to specific cases
Your court action is defense against their citation
Neighbor complaints

16. Standard Lease Enforcement
Major (serious threats to health & safety of others) or repeated violations
Eviction notice with reasons stated
Meet with Resident to discuss
Plan to return to lease compliance
Right to Reasonable Accommodations
Minor Violations
Lease violation notice
Meet as above

17. Hoarders are often recluse and the problems go undetected until there is a work order request or a neighboring resident’s complaint. *Maintenance is the “eyes & ears” of the community

18. You should address problems when they are discovered.
*Let me tell you the story of 2 cases I dealt with last week
Reasonable accommodation – transfer
VAWA Transfer

19. Temporal Proximity
Tenant’s household is deplorable and has been for some time. Tenant now engages in lawful and protected transfer and you don’t want to allow because of the condition of the original dwelling unit

20. Health & Safety problems usually get worse
Health & Safety problems usually get worse. “You can’t sweep them under the carpet, if you can’t find the carpet”.

21. Since Hoarding is recognized as a mental disorder, a resident may ask for a reasonable accommodation (R/A) under the Fair Housing Act (FHA

22. What’s a Reasonable Accommodation (R/A)
What’s a Reasonable Accommodation (R/A)? A change in rule, policy, or procedure to afford a handicapped person an equal opportunity to use and enjoy the dwelling

23. Depending on findings, the Fair Housing Act, 504, and the Americans with Disabilities Act (ADA) may apply

24. Initiate & Accommodate
Hoarders usually don’t ask for accommodation. In fact, many are secretive & their disorders may become the best “OMG” stories. While hoarders should ask for accommodation, Fair Housing law trends suggest that if a landlord knows or should have known about the disability then there is a duty by the property to accommodate

25. Hoarding Accommodation
Means Time & Assistance to clean out enough to achieve lease compliance
Does not mean health and safety violations can continue indefinitely
Does mean an imminent threat (usually fire, structural or contamination) must be addressed immediately

26. What about Verification?
HUD/Joint Statement 2004 “A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability.”

27. What about Verification?
If a person’s disability is obvious, or otherwise known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation.

28. What about Verification?
If the requester’s disability is known or readily apparent to the provider, but the need for the accommodation is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability-related need for the accommodation

29. Resident has the right to refuse accommodation

30. “DIRECT THREAT”
Exception to the general rule that landlord provide tenants with necessary and reasonable accommodation for disabilities

31. What is Direct Threat?
“Tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in substantial physical damage to the property of others”. 42 U.S.C.§ 3604(f)(9)

32. Courts will examine the failure of previous reasonable accommodations
Document, Document, Document

33. A landlord need not wait until a tenant has caused actual harm
Tenants behavior escalates in intensity
Must be more than just inappropriate behavior
Potential harm must be direct
No reasonable accommodation will eliminate or minimize the risk

34. Fundamental Alteration
Modification that alters the nature of a provider’s operation

35. Undue Financial and Administrative Burden
Financial resources of Landlord
Cost of the accommodation
Benefits to the Resident
Alternative accommodation that would effectively meet resident’s disability related needs

36. Meeting with the Resident
Inform resident
Give list of specific lease violations
In person & in writing
Go over each specific violation, in states if necessary
Show resident the evidence
Cite lease or health & fire codes
Consider offering to make reasonable accommodation
Offer to help w/ removal/cleaning plan
Give RC Day Notice and go to court earlier rather than later

37. Developing a Plan Involve a service provider in plan, if possible
They have time
They have expertise
Make agreement through the Court
So resident understands seriousness
So it is enforceable
So it can include lease addendum
The greater the danger, the more certain the plan must be including the resident’s cooperation

38. Accommodation Plan Includes
Specific standards in specific areas
The timeline for each step and the deadline
Who will do removal
Who will check and how often
Services resident will accept
Relevant releases
Method to ensure permanent resolution of problem