Pub. 3 2018 Issue 4

6 www.ctaahq.org H oarding is a mental disorder. Nobody knows the exact number of people affected by it, but experts think approximately 6 to 15 million people in the U.S. struggle with it. Why does hoarding matter? • It creates problems with health and safety. Fires, infesta- tions of insects or animals, and structural problems can all be caused by hoarding. All of these issues are problems not just for the residents of one unit; they are problems for everyone in the building and in the community. • Hoarding prevents timely maintenance. Hoarders do not want other people to see the mess they live in, so they don’t ask for repairs when repairs are needed. Small prob- lems become big problems. That, in turn, increases the time, effort, and money needed to fix them. How is hoarding categorized in the DSM-V? • People who hoard have a hard time throwing away or giving away their possessions, even though those posses- sions may not seem to have any value. • The hoarding has harmful effects on the person’s life and on the lives of their families. These effects can be emo- tional, financial, legal, physical, and social. • The possessions being hoarded clutter or fill up living areas or work areas to the point where it isn’t possible to use the space the way it was intended. You might not realize you have tenants who hoard for quite a while; do your best to be alert for small hints. Pay attention to what employees and neighbors say. Look for signs of hoarding that may be affecting neighboring units or hallways. What can you do if you find out you have a tenant who is also a hoarder? Hoarding is an official form of mental illness; as a result, people who hoard are protected by the Fair Housing Act. At the same time, they aren’t likely to ask for an accom- modation, but the need is so obvious that their failure to ask does not remove your obligations toward them. That means you need to do your best to try to accommodate them, within reason. If the person who is hoarding does ask for an accommodation, then respond to the request in a prompt and formal way (that is, in writing). Taking too long to respond could be consid- ered a refusal to accommodate. For example, the person or the person’s family might ask for time so they have more time to clean. You can say no if the request is unreasonable, but say yes if you possibly can. The best possible outcome is fixing the problem without evict- ing the tenant. However, since eviction might eventually be necessary, you are going to have to start documenting every- thing that happens, in detail, so that it is clear you have not violated anyone’s rights. Look for ways to protect the property and help the resident at the same time. Once you realize you have a hoarding problem, you should also talk to an attor- ney who specializes in fair housing as soon as is reasonably possible. Be careful how you and any employees talk about the prob- lem. Sensitivity, neutrality, and compassion are important here. This is a real disability. Do not describe the person’s belongings in negative ways that could escalate the problem. That means not using words like “junk,” “mess,” or “trash,” even if that’s what the belongings look like. Make sure that employees all understand the hoarding as a fair housing issue and instruct them to be careful about what they say or do, too. You will also need to get an idea about how serious the prob- lem actually is, which means you will need an inspection. Be sure to comply with any state and local laws before you enter anyone’s home. If you find any of the following problems, you will have to act immediately and you may even have grounds for immediate eviction if you find the following: • An unreasonable number of animals • Explosives • Emergency exits ort sprinklers that have been blocked • Actual and direct damage to the unit Talk to the attorney you found before making any final deci- sions. The attorney will probably recommend that you arrange for a reasonable accommodation. One possible reasonable accommodation would consist of writing an individualized plan to remedy the problems. The resident would have to get access to support services and to clean the unit. How fast everything needs to take place will depend on how danger- ous specific problems are. Anything serious, such as fire and safety hazards, has to be taken care of immediately. Anything that is not serious can be remedied over the course of several months, with inspections along the way to make sure progress is being made. Do not try to provide the needed support services yourself, but you can facilitate matters. Make a list of clean-up pro- fessionals and support services, and then give the list to the resident. You can a dumpster or some trash bins, and you might also want to arrange a short-term truck rental to get the discarded items off the property immediately so there’s no chance to retrieve items later. Hoarding and the Fair Housing Act