Question about Fair Housing Act

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JaneL2 (Texas)
Posts: 175

Posted:

My neighbor insist upon throwing her trash into my yard over the property boundary which has been defined by my property survey and she has a copy of such.
Every week she throws her trash into my yard to be picked up. I have complained to our new management company that we just got in August of this year
about this and to the board of directors. The property management company told me that they do not have the power to say anything to her because
our documents do not address trespassing. When the cops have come out, they say it is a legal issue.

If I cannot get resolution, then i am considering pursuing the association under the Fair Housing Act which protects homeowners from having
to live in a hostile envioroment and being harassed.

I think our documents lay the responsibility of personal conduct of an owner on the board of directors. I attached part of the bylaws that address this.
I have been forced to learn about the property code, our documents and much about Texas law since my neighbor stole 3 years of my life suing me to the extent
of my accumulating a ton of credit card debt. So I am angry and especially because she insist upon still harassing me.

D
Is anyone familiar or has known anyone involved in such a case under the Fair Housing Act?
Please see attached duties of the board of directors.

Thank you

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ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 9:33 AM

If I cannot get resolution, then i am considering pursuing the association under the Fair Housing Act which protects homeowners from having
to live in a hostile envioroment and being harassed.

The Fair Housing Act prohibits an environment that is hostile on the basis of membership in certain protected classes race, religion, national origin, color, familial status, sex, and disability).

If you cannot prove that the neighbor is harassing you because of your race, religion, national origin, color, familial status, sex or disability, then HUD will not assist you.

As I believe you have been advised in the past, the board likely does have the responsibility to stop harassment of one owner by another. If the Board is refusing, then you have to hire an attorney.

JaneL2 (Texas)
Posts: 175

Posted:

It does more than that I have done the research already. You need to read further. Or I will provide it here

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 9:46 AM
It does more than that I have done the research already. You need to read further. Or I will provide it here

Ma'am, you are mistaken. I have helped no less than three individuals/families to date at length with FHA violations. I am helping a fourth as we speak. My family for three generations going back to the early 1960s has been involved in Fair Housing issues. This would include a grandparent doing pro bono work (as an attorney) with a non profit filing an amicus brief to the Supreme Court. I am not an attorney. But I have connected people to attorneys and helped them with their complaints, so tht the complaint gets past the initial, intense vetting that HUD does.

First and foremost, fair housing violations must involve some kind of discrimination based on membership in one of the aforementioned classes. Discrimination includes harassment or a hostile environment, based on membership in one of the aforementioned classes.

Feel free to post the links you are reading. I will take a look and explain how you are misunderstanding them. It is quite common for laypeople to mistakenly think that the FHA prohibits all harassment. It does not.

JaneL2 (Texas)
Posts: 175

Posted:

Essentially the fair housing act continues by addressing hostile living envioroment situations where an association or management company
has the power to address concerns regarding an owner living in a hostile envioroment situation, Having the power, but not doing anything about stopping it after they were made aware of the situation

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 9:52 AM
Essentially the fair housing act continues by addressing hostile living envioroment situations

... when the hostility is based on the victim being a member of one of the aforementioned protected classes.

You may be seeing discussion at fair housing sites that uses the phrase "aggrieved party." The latter has a specific meaning. In Fair Housing law, "aggrieved party" means someone suffering discrimination (including harassment or hostility) that is based on their belonging to one of the aforementioned protected classes.

Among other things, this forum's purpose is to educate. Let me encourage you to quote verbatim what you are reading on the internet and provide links, and I will explain.

JaneL2 (Texas)
Posts: 175

Posted:

my bad maybe this is just in Texas

Texas Administrative Code

Next Rule>>
TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 20 TEXAS WORKFORCE COMMISSION
CHAPTER 819 CIVIL RIGHTS DIVISION
SUBCHAPTER H DISCRIMINATORY HOUSING PRACTICES
RULE §819.136 Prohibited Interference, Coercion, Intimidation, Retaliation, or Harassment

(B) Hostile environment harassment. Hostile environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with the availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. Hostile environment harassment does not require a change in the economic benefits, terms, or conditions of the dwelling or housing-related services or facilities, or of the residential real-estate transaction.

JaneL2 (Texas)
Posts: 175

Posted:

This issue is addressed in the HUD FHA also though. WHen I get a chance I will provide the links it is in regards to Hostile Living Envioroment

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 9:57 AM
my bad maybe this is just in Texas

Texas Administrative Code

Next Rule>>
TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 20 TEXAS WORKFORCE COMMISSION
CHAPTER 819 CIVIL RIGHTS DIVISION
SUBCHAPTER H DISCRIMINATORY HOUSING PRACTICES
RULE §819.136 Prohibited Interference, Coercion, Intimidation, Retaliation, or Harassment

(B) Hostile environment harassment. Hostile environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with the availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. Hostile environment harassment does not require a change in the economic benefits, terms, or conditions of the dwelling or housing-related services or facilities, or of the residential real-estate transaction.

JaneL2, what you quoted is from 819.136 (b) (7) (B). What this says, word for word, is as follows:
Section 819.136
.
.
.

(b) Prohibited conduct made unlawful under this section includes, but is not limited to:
.
.
.
(7) harassing any person because of race, color, religion, sex, familial status, national origin, or disability:
.
.
.
(B) Hostile environment harassment. Hostile environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with the availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. Hostile environment harassment does not require a change in the economic benefits, terms, or conditions of the dwelling or housing-related services or facilities, or of the residential real-estate transaction.

Section 819.136 (7) is saying that the victim has to show that harassment is due to membership in one of the aforementioned protected classes.

JaneL2 (Texas)
Posts: 175

Posted:

or use or enjoyment of a dwelling;

JaneL2 (Texas)
Posts: 175

Posted:

some good reading here about interpreting statute

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ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 10:15 AM
some good reading here about interpreting statute

Correct; you are still learning how to read statutes and administrative code.

JaneL2 (Texas)
Posts: 175

Posted:

What I have already learning is that you have to scrutinize and interpret every word that is the reason that I provided the info on reading statute and the FHA or HUD
addresses hostile living enviroment in a living situtaion concerning the enjoyment of a dwelling

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 10:19 AM
What I have already learning is that you have to scrutinize and interpret every word

Correct. This includes every word of section 819.136 (b) (7) (B). To get the correct understanding, one cannot read only the (B) part all by itself. To get the correct understanding of the (B) part, among other things one has to read the (b) part and the (7) part.

But I am glad you asked here first. It's better to ask here and get grounded in the basics than it is to forge ahead and submit a complaint to HUD that would assuredly be dismissed at the very lowest rung of the vetting process. Dismissal would be due to failure to identify how the harassment is related to your membership in one of the aforementioned protected classes.

JaneL2 (Texas)
Posts: 175

Posted:

Then it would be the lack of the board of directors to govern the personal conduct of the owners as it states in the duties that i provided that are in our bylaws it would appear

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 10:45 AM
Then it would be the lack of the board of directors to govern the personal conduct of the owners as it states in the duties that i provided that are in our bylaws it would appear

I don't see anything in the bylaw attachment of your first post saying that the BOD has any duty to "govern the personal conduct of owners". The association is not the police and has no duty or even authority to enforce laws. I am not nearly as familiar with the Fair Housing act as ElleN, but I would think that the association would be in violation if the association or it's representatives were discriminating against you. This appears to be a dispute between two neighbors, that does not automatically make it an association issue. Even if there is a violation of the FHA, it would be by the neighbor, not by the association.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DouglasK1 on 10/13/2023 11:11 AM
Posted By JaneL2 on 10/13/2023 10:45 AM
Then it would be the lack of the board of directors to govern the personal conduct of the owners as it states in the duties that i provided that are in our bylaws it would appear

I agree especially that it is a neighbor to neighbor dispute.

KerryL1 (California)
Posts: 14,550

Posted:

I'm seeing this the way Douglas is. The nasty behavior by your neighbor is a dispute between you & them UNLESS your HOA has a covenant or Rule (or Bylaw) that prohibits such conduct. Your attachment doesn't show that the Board sis r required to or even "should." act to stop your neighbor.

It looks to me that Elle is correct. IF YOU're a member of a protected class, your have some recourse. But you haven't told us that you are. With any statute you must take into account the Title of a section. Then the whole section must be understood so the context in which one portion of it resides is accounted for.

I know barely anything about any kinds of law, but it sounds to me like a civil case where you'd take action ac against your neighbor for trespassing or whatever other code may be violated with this disgusting behavior.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jane, you have an ongoing issue with your neighbor. Most associations do not want to become involved in neighbor v neighbor issues.

That said, instead of the fair housing act, most governing docs have a section about nuisances.
Ask that the Association address the activity as a nuisance.

I honestly believe, the only way you and your neighbor will ever resolve the actual issue is for one of you to sell and move or come to an agreement to simply leave each other alone. Otherwise, I expect you will face a this for that (eye for eye, like for like, etc.) relationship for as long as you live there.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

JaneL2, I agree with TimB4 that what you want to check is your covenants (which are different from the bylaws). Look in the covenants (also known as the "Declaration") for verbiage prohibiting nuisances, noxious activity, and similar. If and when you find such a clause, please post it word for word here.

I also think TimB4 is correct about how this will play out.

Finding good neighbors is hard. All I know is it starts with being a good neighbor one's self, which sometimes includes rolling one's eyes and saying nothing even when one is annoyed. Because the conflict is not worth it.

More background on the OP's trash issue:
https://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/Topic/postid/325353/Default.aspx

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By KerryL1 on 10/13/2023 11:40 AM

It looks to me that Elle is correct. IF YOU're a member of a protected class, your have some recourse. But you haven't told us that you are. With any statute you must take into account the Title of a section. Then the whole section must be understood so the context in which one portion of it resides is accounted for.

I have to pull a JohnC46:

Well said.

ArtB1 (Florida)
Posts: 97

Posted:

If you can get a photo of her throwing trash into your yard, The HOA could issue a violation for trash disposal and not that it is your yard.

Generally trash disposal is a covenant violation

JaneL2 (Texas)
Posts: 175

Posted:

In black and white on the first page under A)

JaneL2 (Texas)
Posts: 175

Posted:

I have tons of video and tons of photos. The Association has been advised on multiple occasions

JaneL2 (Texas)
Posts: 175

Posted:

Thank you Tim. Yes we do have in our documents about nuisances and they are aware of the sitution. They just do not enforce it

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 1:34 PM
In black and white on the first page under A)

Huh? I checked your attachment. In it I see nothing that is relevant. Please quote exactly any verbiage from the bylaws or declaration that you think is pertinent.

Communicating via online forum is hard. One has to try to be as precise as possible. Answer every person's questions, identifying by name the person to whom you are responding.

JaneL2 (Texas)
Posts: 175

Posted:

https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-quo-and-hostile-environment-harassment-and-liability-for-discriminatory-housing-practices

JaneL2 (Texas)
Posts: 175

Posted:

Article 8 Section 1 Powers a) the board of directors shall have the power to adopt and publish rules
governing the use of common area and facilities, (comma) and the persoanl conduct of the owners and their employees,
lesses, tenants, and guest thereon and to establish penalties for fractions thereof

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JaneL2 (Texas)
Posts: 175

Posted:

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JaneL2 (Texas)
Posts: 175

Posted:

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JaneL2 (Texas)
Posts: 175

Posted:

I apologize I kept using the reply button to the person who wrote the comment but it does not work on this forum

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 1:50 PM
Article 8 Section 1 Powers a) the board of directors shall have the power to adopt and publish rules
governing the use of common area and facilities, (comma) and the persoanl conduct of the owners and their employees,
lesses, tenants, and guest thereon and to establish penalties for fractions thereof

This does not appear in the attachments you provided. So thanks for quoting it.

This bylaw says the board has the power to make rules. But have they?

Regardless, for the trash dispute, the path to pursue is violation of the covenant that prohibits "nuisances."

Because you have not been able to get the board to take action so far, I advise hiring an attorney and seeing how much it would cost to try to get some action. The key word is "try."

KerryL1 (California)
Posts: 14,550

Posted:

Cite exactly what your caveats actually SAY about nuisances. Ours wouldn't cover throwing trash in a neighbor's yard. It does no good to "advise" your HOA IF the neighbor is not violating your governing documents. The Board job is to enforce the documents

BUT, as Art suggests cite exactly form your covenant and maybe your rules & regs, another governing document in many HOAs, ANYthing about disposal of trash.

My condo ones say, for instance that trash must only be placed in containers specifically designated of that purpose. It does NOT say I can't throw trash on my neighbor's balcony. BUT, the HOA could find me in violation because I did not put my trash in a designated container.

Your wording will be different, Jane, since I'm in a multi-story condo HOA.

ElleN (Idaho)
Posts: 4,420

Posted:

"Nuisance" is a well-established legal term of art. It's in the "I know it when I see it" category.

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By KerryL1 on 10/13/2023 2:01 PM
Cite exactly what your caveats actually SAY about nuisances. Ours wouldn't cover throwing trash in a neighbor's yard. It does no good to "advise" your HOA IF the neighbor is not violating your governing documents. The Board job is to enforce the documents

BUT, as Art suggests cite exactly form your covenant and maybe your rules & regs, another governing document in many HOAs, ANYthing about disposal of trash.

My condo ones say, for instance that trash must only be placed in containers specifically designated of that purpose. It does NOT say I can't throw trash on my neighbor's balcony. BUT, the HOA could find me in violation because I did not put my trash in a designated container.

Your wording will be different, Jane, since I'm in a multi-story condo HOA.

No, I attached the bylaws that address personal conduct. I will get the decarations where it talks about nuisance also. However, it does not have to specifically say that a neighbor cannot throw trash in another neighbors yard
whoe would have thought that you would have to define that in the declarations. Probably 98 percent of owners do not have neighbors that use her trash to harass them. It would be so much easeir to be able to attach a PNG file here but it does not allow and PNG file type. Our documents are not documents that I can select text to copy, I have to screenshot them then put it in libre office and save then export it to pdf in order to post it here in this forum

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By ElleN on 10/13/2023 2:03 PM
"Nuisance" is a well-established legal term of art. It's in the "I know it when I see it" category.

It is under our RULES

C: noise but it relates to noise except where it says ANY NUISANCE CREATED THEREON

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JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Section 100.7(a)(1)(iii) sets out a negligence standard of liability, which does not require proof of discriminatory

intent or animus on the part of the provider, but is far from strict liability. Under this standard, a plaintiff or the charging party must prove three elements to establish a housing provider's liability for third-party harassment: (1) The third-party created a hostile environment for the plaintiff or complainant; (2) the housing provider knew or should have known about the conduct creating the hostile environment; and (3) the housing provider failed to take prompt action to correct and end the harassment while having the power to do so. HUD does not agree that a fourth element—that the housing provider's failure to act was more than negligent, and was motivated by discriminatory intent—is necessary or appropriate.

Contrary to one comment, the Supreme Court in

Inclusive Communities Project

has already ruled that the “because of” clause in the Fair Housing Act does not require proof of discriminatory intent. While not addressing every aspect of the cited decisions, HUD notes the following: In

Lawrence

v.

Courtyards of Deerwood Ass'n,

cited by another commenter, the court dismissed the discriminatory harassment claim not for lack of discriminatory intent on the part of the landlord, but because it found,

inter alia,

that the dispute did not involve discriminatory harassment of one tenant by another but instead reflected mutual antagonism between two tenants. The court in

Lawrence

distinguished

Reeves

v.

Carrollsburg Condo. Unit Owners Ass'n,

1997 U.S. Dist. LEXIS 21762, *22 (D.D.C 1997), which held the landlord liable under the Fair Housing Act for its failure to adequately address sexual harassment of one tenant by another because “the [Carrollsburg Condo] association's by-laws specifically authorized the association to curtail conduct that contravened the law” and provided that a violation of local or federal law was a violation of the association rules.[33]

Finally, the state court decision cited by one commenter did not involve claims under the Fair Housing Act and does not provide reason for HUD to alter § 100.7(a)(1)(iii) at the final rule stage. In

Ohio Civil Rights Commission

v.

Akron Metropolitan Housing Authority,

the Ohio Supreme Court's refusal to hold a landlord liable under a state civil rights law for failing to take corrective action in response to one tenant's racial harassment of another tenant was premised on an incorrect reading of Title VII jurisprudence. The court misconstrued Title VII case law to require an agency relationship between an employer and a perpetrator of harassment in order to hold the employer liable for negligently failing to stop sexual harassment by the perpetrator.[34]

In fact, under Title VII, an agency relationship is

not

required in order to hold employers liable for negligently failing to stop discriminatory harassment of which the employer knew or should have known. Both the EEOC and the federal courts have recognized that an employer may be held liable for negligently failing to stop discriminatory harassment in the workplace by non-employees or non-agents.[35]

The principle of liability codified in § 100.7(a)(1)(iii) of this final rule is consistent with these Title VII authorities and, in HUD's view, appropriately serves the Fair Housing Act's parallel antidiscrimination objectives in the housing context. In sum, the proposed rule and this final rule reflect HUD's considered judgment, consistent with prevailing precedent and EEOC regulations, that a housing provider (including a homeowner's association) or property manager is liable under the Act for negligently failing to take corrective action against a third-party harasser when the provider or manager knew or should have known of the harassment and had the power to end it. In light of the above, HUD declines to make the proposed revisions to the final rule.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 2:29 PM
Posted By JaneL2 on 10/13/2023 1:50 PM
Article 8 Section 1 Powers a) the board of directors shall have the power to adopt and publish rules
governing the use of common area and facilities, (comma) and the persoanl conduct of the owners and their employees,
lesses, tenants, and guest thereon and to establish penalties for fractions thereof

This is about intent, a huge topic. What you quoted still requires that the main claim be a claim of discrimination on the basis of membership in one of the aforementioned protected classes. Without membership in one of the protected classes, and more, the main claim fails, along with all other claims related to it.

But you go ahead and submit your HUD complaint (and waste everyone's tax dollars). It will be rejected within a few months, never getting past what is called a "HUD Intake Specialist." The rejection will state something like, "Complaint fails to state discrimination over which HUD has authority."

ElleN (Idaho)
Posts: 4,420

Posted:

JaneL2, one other thing: The Fair Housing Act became law in 1968. It was a part of sweeping legislation addressing the concerns of the 1960s civil rights movement. Do you read me? It was enacted in no small part specifically because of discrimination (including harassment) in housing against people of color; people of a non-U.S. national origin; and people 'of the wrong religion.' In the subsequent years, amendments followed prohibiting discrimination on the basis of sex, disability or familial status (meaning no prohibitions on kids, for one).

The goal of the Fair Housing Act has not changed. It is not intended to protect residents and homeowners from all harassment. The Fair Housing Act protects only against harassment that is on account of race, religion, sex, national origin, familial status and disability.

Hence I am disappointed that you seem determined to insist the Fair Housing Act is designed to protect you, even though you cannot claim any connection between the harassment and your membership in any of the aforementioned protected classes. It is going to waste taxpayer money.

You came here wanting to learn. I hope you keep studying. Or see if there is a nonprofit involved in fair housing act enforcement who will help explain this to you. For example, contact these folks:

https://www.northtexasfairhousing.org/

LayaS (Nebraska)
Posts: 249

Posted:

JaneL2,

Read ElleN's posts very carefully. You have no case under FHA unless you are in a protected class.

To repeat they are race, religion, national origin, color, familial status, sex, disability.

Do you belong to one of those classes? And if you do, you would have to prove that your neighbor is throwing her trash onto your property because she doesn't like you based on any one or more of those classes.

Let's just say she doesn't like you because you are an Irish Catholic. So she throws garbage onto your property because she doesn't like Irish Catholics. You would have to prove that because of her dislike of Irish Catholics, she is throwing trash in your yard to harass you.

Give up on it being an FHA case unless you are in one of the protected classes. Unless I missed it, I didn't read in any of your posts that you do.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jane in not going to let go of the bone in her mouth.

ElleN (Idaho)
Posts: 4,420

Posted:

LayaS, my goodness you put it well, and so concisely. And I think the record is clear that I am not one for flattery.

I remain grateful that JaneL2 is asking here first, rather than forging ahead with what is so far, a groundless FHA complaint to HUD.

Recalcitrant some of us may be, but I figure this forum does plant seeds. By my observations, quite often over time the recalcitrance dissolves like calcium in acid.

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By ElleN on 10/14/2023 9:10 AM
LayaS, my goodness you put it well, and so concisely. And I think the record is clear that I am not one for flattery.

I remain grateful that JaneL2 is asking here first, rather than forging ahead with what is so far, a groundless FHA complaint to HUD.

Recalcitrant some of us may be, but I figure this forum does plant seeds. By my observations, quite often over time the recalcitrance dissolves like calcium in acid.

ElleN,

Thank you for the compliment. It was a nice compliment since I have a limited knowledge of HOA laws and procedures. I only speak from my experience as an owner in an HOA that sued me. It was a nice boost to my confidence in dealing with HOA matters.

LetA (Nevada)
Posts: 2,679

Posted:

Just pay a lawyer that is well versed in HOA's a fee to write you a cease and desist letter. Get several copies on their letterhead.
Find out from the HOA property manager if the property is a rental, Get the name of their "the renters" property managers business name. Send one to the listed owner of the property, send one to the
property manager, send a copy to the HOA property manager with a separate letter explaining the actions of the other resident.

If the HOA takes no action, you unfortunately have to do the work yourself. It is a very tough road to hoe to prove the offender is breaking HUD rules.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By JaneL2 on 10/13/2023 9:33 AM
My neighbor insist upon throwing her trash into my yard over the property boundary which has been defined by my property survey and she has a copy of such.
Every week she throws her trash into my yard to be picked up. I have complained to our new management company that we just got in August of this year
about this and to the board of directors. The property management company told me that they do not have the power to say anything to her because
our documents do not address trespassing. When the cops have come out, they say it is a legal issue.

If I cannot get resolution, then i am considering pursuing the association under the Fair Housing Act which protects homeowners from having
to live in a hostile envioroment and being harassed.

I think our documents lay the responsibility of personal conduct of an owner on the board of directors. I attached part of the bylaws that address this.
I have been forced to learn about the property code, our documents and much about Texas law since my neighbor stole 3 years of my life suing me to the extent
of my accumulating a ton of credit card debt. So I am angry and especially because she insist upon still harassing me.

D
Is anyone familiar or has known anyone involved in such a case under the Fair Housing Act?
Please see attached duties of the board of directors.

Thank you

Do your governing documents prohibit nuisances? That is actionable.
Unless neighbor is throwing trash BECAUSE you are in a protected class and you can prove it, it's not likely a Fair Housing claim.

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By JohnC46 on 10/14/2023 7:58 AM
Jane in not going to let go of the bone in her mouth.

John. Yes I will. I see that in 2016 that the HUD and FHA debated whether to add third party tenant on tenant harassment under the
Quid pro quo and hostile environment harassment but, HUD refused to include this type of harassment or recognize it. Maybe it will come up for debate again

I provided a link above in the post from the federal register that talks about the debate

On the link here, look at Section III A. Where it was up for debate. I guess there were a couple of cases that helped HUD to decide whether to include this type of harassment

https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-quo-and-hostile-environment-harassment-and-liability-for-discriminatory-housing-practices

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By ElleN on 10/13/2023 2:49 PM
JaneL2, one other thing: The Fair Housing Act became law in 1968. It was a part of sweeping legislation addressing the concerns of the 1960s civil rights movement. Do you read me? It was enacted in no small part specifically because of discrimination (including harassment) in housing against people of color; people of a non-U.S. national origin; and people 'of the wrong religion.' In the subsequent years, amendments followed prohibiting discrimination on the basis of sex, disability or familial status (meaning no prohibitions on kids, for one).

The goal of the Fair Housing Act has not changed. It is not intended to protect residents and homeowners from all harassment. The Fair Housing Act protects only against harassment that is on account of race, religion, sex, national origin, familial status and disability.

Hence I am disappointed that you seem determined to insist the Fair Housing Act is designed to protect you, even though you cannot claim any connection between the harassment and your membership in any of the aforementioned protected classes. It is going to waste taxpayer money.

You came here wanting to learn. I hope you keep studying. Or see if there is a nonprofit involved in fair housing act enforcement who will help explain this to you. For example, contact these folks:

https://www.northtexasfairhousing.org/

Thanks Ellen,

Yeah the HUD decided not to include tenant on tenant third party harassment under the rule and our documents do address nuisance but could appear to applied to noise. She did that too for a year, using very low bass to penefit the party wall which woud vibrate my shelves and I could feel inside of my body, she still does that but, without expensive recording equipment, you cannot capture the low frequencies much like the low frequencies of when you pull up next to a vehicle that you feel the bass inside your body. She does this when I used to report it to police, she could see them coming and before they got to her door she would turn it down. I am not dealing with a neighbor who is mentally well. She is 67 to 69 years old and very vindictive

TerriS6 (California)
Posts: 3,284

Posted:

In CA, boards are required to investigate complaints like this. Also, one can get a restraining order. You could go to small claims court for cost of trash collection and get an injunction. Aren't there rules about disposing of trash in your HoA or town? There has to be something in your local code the police can enforce. Don't take NO for an answer.

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Hi Kerry, I did post it below the wording in a reply to Ellen. Here is the thing about the trash. My property survey defines the property boundary to which I myself, not my neighbor pay taxes on. In our documents it defines the homeowners is responsible to maintaining the rear yard. For 2 years while my neighbor was suing me, she threw her trash right in the middle of my yard 2 times a week. I have multiple videos and photos of her seemingly enjoying it. Making comments and making a big production of it. She was violating our documents because trash is not to be set out before 6 pm on the night before pickup. She would put it out there between noon and 3 pm to have the most exposure. I could not even get the board to address her putting it out early.

Regardless of that, Our documents and the covenants that anyone has in a single family homeowner townhouse creates a contract or covenants betweeen the owner and the association. The restrictions are there to govern what a homeowner can do or not do on their own property. When the deveolopers come up with these restrictions, they do not think to mention restrictions of neighbor between neighbors and what a newighbor can do on their neighbors property because it is not something that people normally have to endure. This situation is liken to me deciding to drag my lawn chair and table out and umbrella or whatever and drag it over to my neighbors to sit out in her yard and read a book. She would have a fit.

TerriS6 (California)
Posts: 3,284

Posted:

“Party wall” is a misnomer.

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