My mother has lived in a NYC HUD run Senior building for the past 10 years. Recently her health has been failing and I have become her full time caregiver requiring me to stay with her.
The Building Manager, who is also part owner of the building as I understand, claimed that I was not allowed to stay with her under HUD regulations, and refused to let me see the regulations. After some phone calls I found out that the buildings regulations are in "HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs" available at the hud.gov portal.
After printing out the relevant pages pertaining to Live-In Aids, and Adult Children as live in aids, I provided the Building Manager with a letter from my mothers Doctor stating that she requires full time care.
I was then informed in the latter part of December 2010 that my mother was not "legally" a tenant, and had no right to a lease. I informed the building manager that we would need a valid lease if we were to continue to pay rent.
The lease was originally issued in my fathers name alone, back in June 2000. At some point in late 2000 or early 2001, the rent was raised to fair market value because of my mothers added income from SSI Disabality, and her pension, and in recognition of the fact that she would be in cohabitation with my father.
My father was removed from the premises permanently around 2003 when he was placed in a nursing home. He passed away in July of 2006.
My mother has continued to reside in the apartment, and pay fair market rent, until March of 2011 at which time the building manager had still not complied with a valid lease in my mother's name.
At this point we began withholding the rent until such time as the Building Manager provides us a lease.
There have been several confrontations which I recorded in audio from, and several where I did not have the recorder with me, where I was threatened with arrest if I entered the premises, and in which she threatened to have us removed without obtaining a court order.
I believe she there is a case to be made where the building manager can be accused of fraud, for not informing my mother of the status of her lease within an appropriate time after my fathers leaving, or passing, and reckless endangerment for trying to prevent me from providing her "live in aid" assistance.
My mother owns a condominium apartment which the BM has known about the entire time, and at any point prior to needing my care she could have moved back there with much less difficulty.
Her medical conditions now include early stages Alzheimer's, renal disease, diabetes, and severe arthritis. She was retired on disability in 1999/2000.
If my mother is not eligible for a lease, why was she charged fair market value rent for 7 to 8 years after the lease holder was removed.
Why were the rent bills changed to be addressed to her rather than to my father, the lease holder?
Had my mother been asked to leave, she might have been living with me in the condominium where her medical issues and change of mental status would have been caught sooner, and we would have approximately $80,000 saved in back rent.
At this point I and my mother have dealt with several month of emotional pain and anguish that could had been mitigated had this building manager simply done her job at any point in the 8 years in question.
I would like this BM to be held responsible for what is at the very least, gross incompetence, in not outright fraud.
Do we have a case to recover any of the back rent paid without a lease, and possible damages for the contribution to my mothers condition that the BM's negligence caused?
Can I get an order of protection to keep her from harassing us until she decides to either give us a lease or evict us?
The Building Manager, who is also part owner of the building as I understand, claimed that I was not allowed to stay with her under HUD regulations, and refused to let me see the regulations. After some phone calls I found out that the buildings regulations are in "HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs" available at the hud.gov portal.
After printing out the relevant pages pertaining to Live-In Aids, and Adult Children as live in aids, I provided the Building Manager with a letter from my mothers Doctor stating that she requires full time care.
I was then informed in the latter part of December 2010 that my mother was not "legally" a tenant, and had no right to a lease. I informed the building manager that we would need a valid lease if we were to continue to pay rent.
The lease was originally issued in my fathers name alone, back in June 2000. At some point in late 2000 or early 2001, the rent was raised to fair market value because of my mothers added income from SSI Disabality, and her pension, and in recognition of the fact that she would be in cohabitation with my father.
My father was removed from the premises permanently around 2003 when he was placed in a nursing home. He passed away in July of 2006.
My mother has continued to reside in the apartment, and pay fair market rent, until March of 2011 at which time the building manager had still not complied with a valid lease in my mother's name.
At this point we began withholding the rent until such time as the Building Manager provides us a lease.
There have been several confrontations which I recorded in audio from, and several where I did not have the recorder with me, where I was threatened with arrest if I entered the premises, and in which she threatened to have us removed without obtaining a court order.
I believe she there is a case to be made where the building manager can be accused of fraud, for not informing my mother of the status of her lease within an appropriate time after my fathers leaving, or passing, and reckless endangerment for trying to prevent me from providing her "live in aid" assistance.
My mother owns a condominium apartment which the BM has known about the entire time, and at any point prior to needing my care she could have moved back there with much less difficulty.
Her medical conditions now include early stages Alzheimer's, renal disease, diabetes, and severe arthritis. She was retired on disability in 1999/2000.
If my mother is not eligible for a lease, why was she charged fair market value rent for 7 to 8 years after the lease holder was removed.
Why were the rent bills changed to be addressed to her rather than to my father, the lease holder?
Had my mother been asked to leave, she might have been living with me in the condominium where her medical issues and change of mental status would have been caught sooner, and we would have approximately $80,000 saved in back rent.
At this point I and my mother have dealt with several month of emotional pain and anguish that could had been mitigated had this building manager simply done her job at any point in the 8 years in question.
I would like this BM to be held responsible for what is at the very least, gross incompetence, in not outright fraud.
Do we have a case to recover any of the back rent paid without a lease, and possible damages for the contribution to my mothers condition that the BM's negligence caused?
Can I get an order of protection to keep her from harassing us until she decides to either give us a lease or evict us?
