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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Again my neighbor starts screaming up the stairs at me in my

Customer Question

again my neighbor starts screaming up the stairs at me in my conDo. He complains my son walks heavy. This has been ongoung and talking doesn't help he gets threstening and I call the local police. Tonite hwever he had a back up another neighbor or friend who spoke totally discriminatory about my autistic son and then they both chimed - I was a lousy fn mother to my fn special needs kid better take care of my fn special needs kid why do we hhave to live like this w this soecial needs kid in our building. Of course this masn wouldn't show his face I ended up calling the polIce. My son doesn't bother anyone. These men harassed me and I want a lawsuit but do I have a case
I'm a renter the guy below is an owner but I still feel I have my rights. The association can't help me cuz I rent -my landlord is nice but uninvolved. any help would b appreciated I live in RI
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

Unfortunately your nice landlord needs to become involved - it is his responsibility to work with the HOA to ensure that your rights are not being violated (your son has a right to live in the unit and be undisturbed on the basis of his disability, the Association must make "reasonable accomodations" for any issues which he may have).

If your son is a "heavy walker" they must make reasonable accomodations - this would certainly include provisions to protect your son against harassment from other neighbors.

In the HOA framework, the way to enforce these rights is by an owner (so your landlord) pursuing a claim either directly against the offending owners - or more commonly - against the HOA itself, and require the HOA to deal with the matter.

Short of filing a suit, mediation with the Association may be a worthwhile first step to have your landlord get them involved in resolving this situation.

If nobody steps up, sue your landlord for breach of contract.