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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 23796
Experience:  B.A.; M.B.A.; J.D.
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Can I have a 2-bedroom unit in Section 8? My husband and I

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Can I have a 2-bedroom unit in Section 8? My husband and I qualified for a 2-bedroom 5 years ago 2013 when our son was living with us. Our son, who has some disabilities moved out (just across the way in the same complex) to a 1-bedroom at the beginning of this year 2018. That leaves us with a 2-bedroom finally after all the kids (3) are out! Now we are an elderly couple.
Our town needs to be in compliance with HUD and needs to demolish our units and build new housing because the complex was built in the 70's and I remember. Great care was given in the 70's to make sure that lower income people could enjoy the town, along with all the rich people who needed regular people to work in the town. Therefore, the units have their own separate entrances, a deck and a parklike setting with lots of trees high up on a hill. It's great! We look out over the whole town and the kids drive their bike in an enclave with the squirrels and birds Not for long!
I just spoke with the landlord and she said she was moving us (when the new place) was built to a 1-bedroom. Feel like we can't do it because we just can't be crammed into a one bedroom now that we have gotten used to 2-bedroom finally.
Could the following reasons be considered so that we could remain in 2-bedroom?
1. Both my husband and I have documented sleep apnea where we need to sleep in separate rooms for our machines.
2.) I have a mental illness documented and am seeing mental health professional (maybe you can think of some reason why this makes a difference) Need room to spread out?.
3.) We both are elderly and have health issues. (maybe you can think of some reason why this would be reason)
The following is what I found for if we were single people but we are not. We are an elderly couple "in need of accommodation"...
However, a single person must not be permitted to occupy a unit with two
or more bedrooms, except for the following persons:
a. A person with a disability who needs the larger unit as a
reasonable accommodation.
b. A displaced person when no appropriately sized unit is available.
c. An elderly person who has a verifiable need for a larger unit.
d. A remaining family member of a resident family when no
appropriately sized unit is available.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Your Question:

Can I have a 2-bedroom unit in Section 8? My husband and I qualified for a 2-bedroom 5 years ago 2013 when our son was living with us. Our son, who has some disabilities moved out (just across the way in the same complex) to a 1-bedroom at the beginning of this year 2018. That leaves us with a 2-bedroom finally after all the kids (3) are out! Now we are an elderly couple.

Response: Yes, you can because of your age and health issues. The complex must provide reasonable accommodation for your health issues by giving you two bedrooms instead of one.

Best wishes,

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Thank you for your cooperation.

Customer: replied 8 months ago.
Phillips Esq. It is very good to know that because of our age, and health issues that we can ask for reasonable accommodations and get a 2 bedroom. Do we have to get into why our heath issues and age make it "reasonable"? Is it a specific thing like Sleep apnea for both of us that we have to claim that we need separate rooms? Health issues and age can mean a lot of things to different people like we both can walk up stairs and it's not that we need single level but we need larger space but I can't put my finger on why we need a larger space. We just do. What kind of letter do you suggest to write to landlord? Should we be specific about the apnea or should we just leave it general...age and health issue?

Because you are requesting for reasonable accommodation due to your age and health issues, you should be a little more specific. So, in your letter requesting for reasonable accommodation, you can state your ages and mention briefly the health issues that require you to use two different bedrooms. Also, with sleep apnea, if you would be using the C-pap machines, then the machines need to be set up in different rooms because you do not want the circuit to overheat in the room and cause injury to you or your spouse. It would also be helpful to get letters from your doctors summarizing your health issues--a certification of your illness without divulging too much personal information.

Best wishes,

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