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Lawyer_X

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  1. There are requirements that apply under the federal Fair Housing Amendments Act of 1988 (FHAA). They apply to apartment complexes built for first occupancy after March 31, 1991. Older complexes may have to comply if they undergo substantial rehabilitation/remodeling. State laws may have stricter requirements as do housing complexes that receive federal financial assistance. Here is a website describing the FHAA requirements: http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm If the housing is in compliance, then further physical modifications that an indvidual tenant may require would be at the tenant's expense (except in federally subsidized housing, for example).
  2. The short answer is: Take it to the clerk of the court. Longer answer is: Read the rules of court for your state and the local rules for the specific court. You'll need to review rules on form of pleadings and documents required at the time of filing, number of copies required, proof of service requirements, and filing fees. Costs of litigation depend on the nature and complexity of the case.
  3. Of course you can evict them for non-payment of rent. They may be entitled to reasonable accommodations or be permitted to make reasonable modifications. But disabled renters must comply with tenancy requirements just like anyone else.
  4. If you are pursing this on your own, you absolutely have to go to a law library and read through an appellate practice book. You also have to read the Rules for the appellate court you are in. Even experienced attorneys do these things.
  5. Lawyer_X

    section 8

    You can get Section 8 if you are a non-citizen (e.g., a lawful permanent resident) but not if you are here illegally. http://www.nilc.org/pubs/guideupdates/rental_housing_1005.pdf
  6. The instructor is WAY out of line. Your son is entitled to reasonable accommodations and/or modifications of policies in order to enable him to attend the class. (You don't say whether this is a public or private college. This would determine what part of the ADA would apply; but, it wouldn't affect the obligation or outcome here.) Tolerating the sound of a ventilator is not an unreasonable accommodation. You say this only occurs in one of his classes--so, obviously, it does not create an undue burden to have a ventilator in class. Students with ventilators attend college throughout the country. This is not a legal basis to exclude a student from a college classroom. Providing an extra seat for a notetaker or nurse also is clearly a reasonable accommodation or rule modification needed to enable him to attend class. The suggestion that he take on-line courses is ridiculous. Your son should contact the disabled students services office, or 504 compliance office, at the college to work something out. If accommodations are not allowed to enable your son to attend class, he could either file a lawsuit or a complaint with an appropriate state or federal administrative agency against the college. There is a protection and advocacy agency in your state that can provide you with more specific information, legal advice, and/or assistance. http://ndrn.org Use the "Get help in your state" menu.
  7. You may be referring to "parens patriae"? This is Latin for "father of his country," the term for the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only "entrusted" to their parents. Under this doctrine, in a divorce action or a guardianship application the court retains jurisdiction until the child is 18 years old, and a judge may change custody, child support or other rulings affecting the child's well-being, no matter what the parents may have agreed or the court previously decided.
  8. You don't provide facts--for example, what the discrimination consists of, whether the employees discriminating on the basis of race are management-level employees, etc. Even if non-management employees are discriminating against co-workers, this could constitute harassment for which the employer would be liable.
  9. Lawyer_X

    Pets in a Co-op

    Yes. Under federal law--the Fair Housing Amendments Act of 1988--a landlord/housing provider would be required to make an exception to a no-pets policy as a reasonable accommodation if it is necessary to enable a person with a disability to use and enjoy housing. Even if the need did not exist when the lease was signed, an accommodation can be requested whenever the need arises. Here is a resource on exceptions to no-pets policies for people with disabilities. While it specifically discusses emotional support animals, it also applies to your mother's situation: http://www.bazelon.org/issues/housing/index.htm
  10. Lawyer_X

    Tattoos

    Here's a website with information for each state: http://www.ncsl.org/programs/health/minorbodyart.htm
  11. Lawyer_X

    Rent

    I'm not an Illinois lawyer--but, unless there's some limitation in your state law (not likely) or your jurisdiction has a rent control ordinance, the landlord can charge whatever the market will bear.
  12. Lawyer_X

    Rent Increases?

    Well, unless there's something very unusual about Ohio landlord-tenant law, you are correct.
  13. Lawyer_X

    discrimination

    It's a civil rights case. I would suggest contact a local LGBT advocacy organization to get advice and possible referral to an attorney who handles such cases.
  14. Lawyer_X

    pets and the elderly

    Pg1067's answer is way off on this one. If, because of a disability, you need a companion or emotional support animal to use and enjoy your housing, then, under federal fair housing law (The Fair Housing Amendments Act), the landlord would have to waive the no-pet rule as a reasonable accommodation. The following website has a fact sheet with the information you need: http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html It's likely that there is comparable law in your state.
  15. Lawyer_X

    ada discrimination

    First--you wouldn't have a claim, but your daughter might. Your daughter must be able to perform the fundamental responsibilities of her position with (or without) reasonable accommodations. If she needs an accommodation and the employer denied a request for an accommodation that is reasonable, then your daughter may have an ADA claim. However, an employer need only accommodate a disability that is known to the employer and for which an accommodation has been requested. Was an accommodation requested that would enable your daughter to perform her job? If so, and it was reasonable, then denial by the employer would be disability-based discrimination under the ADA. An accommodation is reasonable if it wouldn't result in an undue financial or administrative burden on the employer.
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