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I am looking for an apartment for my son (37 yo) and I. He…

I am looking for...

I am looking for an apartment for my son (37 yo) and I. He has a mental disability. Back in 2000 and 2002 he had some trouble with the law. He is currently living in a group home and has been within the state mental health system for about the same length of time following. All were misdemeanors, not sure which class. I did a public search on him and found that these 3 offenses are still showing up publicly: August 7, 2000 unlawful purchase of alcohol of a minor (Guilty Plea). Also, on the same day was assault against a police office (Guilty Plea), although he never touched or harmed the officer. He threw a beer bottle at him from a reclining position, but it didn't hit him. Then for an offense on January 22, 2002 he was found guilty (disorderly conduct). There was another offense in 2009 while he was under the care of the mental health system, but it doesn't show up.

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

I have found an apartment that would work very well for us, but they do extensive background checks. I am just wondering if there would be any provision for his because of his mental condition under these circumstances or if I should pursue expungment.

Lawyer's Assistant: In what state did this occur?

I don't know what it means to have your appeals exhausted. This happened in Utah.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of right now,

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Answered in 17 hours by:
3/22/2018
Josie-Mod
Category: Criminal Law
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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Customer reply replied 4 months ago
I can wait if it doesn't take too much longer. If I am going to apply for this residence, I will need to do it soon. If more information is needed, this is in regard to fair housing and discrimination for a mental disability. Thank you.
James Daloisio
Category: Criminal Law
Satisfied Customers: 749
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

First, you should always pursue expungement, especially for offenses as old as these. The first two offenses are potentially Class A misdemeanors, the disorderly conduct might have been an infraction, and the 2009 case? If there are only three convictions, sufficient time has passed to apply for expungement. Eligibility for expungement of convictions can be found in section 77-40-105 of the Utah Code. Here's a link: https://le.utah.gov/xcode/Title77/Chapter40/77-40-S105.html

Second, Utah has a fairly comprehensive statutory scheme to protect its citizens from discrimination based on a disability. The Utah Fair Housing Act is found at Title 57, Chapter 21 of the Utah Code. Here's a link: https://le.utah.gov/xcode/Title57/Chapter21/C57-21_1800010118000101.pdf

You will want to be certain that your son can be characterized as having a "disability" within the meaning of the Act. Here's the definition:

(a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.

(b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. Sec. 802.

Also, you want to be certain that the entity from which you will rent the apartment is not exempt from the Act. It's too long to reproduce here but if you open the link to the Act just go to 57-21-3, Exemptions.

There is also a provision that provides a defense to a complaint if the respondent landlord can prove that the complainant "poses a serious threat to the health or safety of the complainant or others."

Obviously, the thing to look for is the nature of the questions on the application and the manner in which they are worded. They cannot exclude you based on a disability; therefore, it's improper to ask questions related to a person's disabilities unless they are directly related to the safety issue. Also, some landlords will want to have an oral interview in which they might ask improper questions that they know cannot be placed in a written application. If that happens you might consider asking permission to record the interview.

If you have a problem, the Fair Housing Act is enforced by the Utah Anti-discrimination and Labor Division (UALD) Fair Housing Unit. They are located at:

160 East 300 South, 3rd Floor
P.O. Box 146640
Salt Lake City, UT###-##-####br />Phone:(###) ###-####or 1-***-***-****
Email:***@******.***

I hope this has helped. If so, please don't forget to rate this answer. You can always return here with follow up questions on this topic at no additional charge. And thank you for using Just Answer.

James Daloisio
Category: Criminal Law
Satisfied Customers: 749
Experience: 30 years experience in criminal law, continuing education.
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