Dealing w/Unbalanced Tenant Who Has A Violent Criminal Past

Earlier this month a young man moved into one of 1 bedroom units that had been for sale in my building.

In the past 48 hours, a neighbor of mine brought something to my attention. (She's a good friend of the woman who sold that unit.) The young man is a 34-year-old schizophrenic who doesn't take mediation and has a very violent past. He's been arrested and convicted of lewd exposure and 4th degree sexual assault on 2 separate occasions. In addition, he's been arrested and convicted of strangulation and destruction of property. His most recent arrest and conviction was in October of 2015. He's also spent time at the Mendota Mental Health Institute in Madison.

He's not the unit owner. His step-father is and is paying for him to live there. He lives in the unit rent free,

My neighbor and I have alerted the Board of Directors about him and are going to speak to the association attorney. However, one of the board members doesn't think much can be done due to Fair Housing laws. I wasn't aware that the Fair Hosing laws awarded protection to persons with violent criminal histories who posed a threat to the community.

Does anyone have any advise on how to deal or approach this?

Is the association obligated to warn other residents about him?

What if he ends up exposing him or assaulting someone in a common area? Since my mom and I own a share of that, are we then liable for him doing that?

While I don't have children, I feel for those in my community who do have children and now I'm going to constantly worry about the children in my community who have to pass with feet of his garage door to get on and off the school bus.

My doors are always locked and my garage door is always closed. At night, I drop my blinds and close the curtains in the bedrooms.

He's invited me inside his unit 3 or 4 times and I've always declined. He's flirted with me a few times and has already stared at me twice from his patio doors as I've walked the dog at night.

Despite the fact I live feet away, I try hard to avoid him. If he comes over and rings my door bell, I refuse to answer the door.

I'm a compassionate and understanding person, but we're a condo community NOT a mental hospital.

I'm a Fair Housing Tester so, yes, I'm aware those with a criminal history aren't, in of themselves, a protected class.

However, offenders tend to be repeat offenders, as with this young man. He's exposed himself twice and committed assault twice. 4th degree no less, which tends to involves minors.

He also has a pretty colorful and storied past where traffic violations and drunk driving is concerned. Each time it involves a different car with different plates and a different VIN.


Even that's kind of questionable at this point.

His sister and mother say he has bipolar disorder, but he certainly doesn't the characteristics of that.

If he does have anything mentally wrong with him it's most likely schizophrenia.


Yes, but unless you know his last name you're not going to find it.

Up until recently, everyone just knew him by his first name.

Believe you me, I've already began sharing this information with some of the others in my neck of the woods. My neighbor and I think others here should know about it. That it's everyone's right to know, especially if they have children.

Number 1 the HOA can NOT interfere with any rental agreement. It is NONE of the HOA's business. The HOA business is with the owner/member ONLY. The renter is NOT a member of the HOA.

Number 2. This ALL sounds like a reason to run one's mouth about a mentally ill person. Seems time to be more sensitive than tongue wagging... Just going to put that out there as this is what it come off as.

Number 3. Yes his criminal PAST is concerning. However, it is a PAST. If it is the PRESENT, then the person or person(s) effected by the crime calls the police.

The HOA can NOT evict this person and needs to stay out of it. If they do commit a criminal act, call the police. They violate the HOA's rules, contact the owner. Otherwise, just STOP the tongue wagging and EDUCATE yourself on mental illness. Schizophrenia is not something one needs to be afraid of. It's a symptom of a disease. Do we need to hate on a person who has a disease?

So what? Be upset. Don't own it anymore and the new owner can do what they want. Sounds more like a personal problem than anything else.

Again, these are "you" issues. The more you reply, the more I would suggest you make an appointment with a trained psychologist to discuss your issues and work through them.

Then *group therapy it is.

They say you can't possibly relate to someone unless you've been through what they've been through so I don't expect you to understand what I and the rest of us are going through right now.

When you get sexually assaulted or raped and then have to live just feet away from someone maybe then you'll understand.

Why is it you have a problem with someone either doing a reality check or trying to see how, within the bounds of the law, she can best prevent becoming a victim or her neighbors becoming victims? There is a reason all 50 states maintain registries of sex offenders, available for public viewing, despite said offenders ostensibly having paid their debt.

As has been pointed out, there is little the Association can do.

If the tenant violates covenants, rules or regulations, the Board can (and should) hold the owner accountable. This may or may not encourage the owner to not renew the lease or evict. However, since this is the owners son, I doubt that will happen.

If there is anything criminal going on, call the police.

You posting indicates you might have been a victim of sexual assault. Perhaps a support group in the area (who would be more knowledgeable) can offer suggestions.

Worst case, you may have to sell and move to feel safer. I know it's not an option you desire, but it might be the only option that is within your control.

Hope this helps,

Tim

If you have not done so already, do a criminal background check and look him up on the Wisconsin sex offender registry. Make sure his address on the registry is correct, since sex offenders must report their correct address (and often don't do so). Check the nature of the sex offense as there are levels. 4th degree is the least serious.

https://appsdoc.wi.gov/public

Also check the faq for a lot of useful information:

https://appsdoc.wi.gov/public/faq#A610

Wait, are you suggesting that flirting with someone is a crime? Now I've heard it all lol!

Elizabeth, I must be the ONLY one who understands what you are trying to convey here. People should know who their neighbors are. If there is a sex offender or convicted felon living there EVERYONE should be aware if they live in a falsehood that their children or their wives or mates or elderly parents are being deposited outside the house of someone like this. ]If something were to happen and no one warned them of this person the Board could be held responsible for not forwarding this information to the other residents, IF they are aware of it.
Always be proactive rather than reactive. I know I'll get criticized for putting this out there. But the Board needs to cover their butts before the crime...rather than after.

Thanks Tim!

I would assume that having a park or other amenities, even a school bus stop 1000 feet from the HOA would disqualify sex offenders from living in a common interest community. I raised the same concern when a sex offender moved into our community, he lives 1000 feet from the park and even closer to the pool. I was told by police that is is a judgment call from the parole and probation department.

Stay on the guy's good side. Don't be the one he goes after when he learns the neighbors are trying to boot him out of his free housing. Bake him some cookies, say Hi. (but carry a sidearm)