Q: A unit owner in my building lives in such squalor that the hallway reeks as if something has died. Our association attorney advises us that legal action could take more than a year to resolve the issue. And he says that hoarders are a protected class under the Fair Housing Act. But the smell is ruining our ability to use our units. What can we do? — John
A: Your attorney is correct.
The disorder known as hoarding is a recognized disability. When your association, or any housing provider, deals with a person with a disability, it must make “reasonable accommodations.”
To figure out what to do, the interests of the disabled person must be balanced with the needs of their neighbors.
What is reasonable is among the most common questions that a lawyer gets asked in dealing with these issues. Determining what is a reasonable accommodation is situational and varies widely based on the individual circumstance.
A disabled person typically needs to request an accommodation, but hoarding is different because they rarely know they are suffering from the disability.
The situation only comes to a head when things become dangerous and unsanitary, as in your case.
Despite the time and expense this will cause your community, you need to start the process. Things will continue to get worse if left alone.
While your disabled neighbor has rights, so do the other members of the community.
Your association will need to create a plan to get the situation under control. Because of the unit owner’s protected class, this cannot be the usual “Clean it up in a week, or you will be fined.”
The board will need to work with your neighbor to develop a reasonable plan to obtain mental health services and figure out how to help clean the unit. Try to enlist the help of a family member.
Be patient. This problem took a long time to develop and will take time to resolve.
This is why early intervention is so often the best path.
