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First am I in the right section? I have a question regarding…

Hi Pearl first am...

Hi Pearl first am I in the right section? I have a question regarding my townhome's background check failing

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

To explain it better I'm a woman living directly next to a man with past criminal history of stalking and harrassing women (convicted) my townhome complex which operates similar to student housing swears that no one can live here if they have more than a parking ticket after many instances of him not leaving me alone and messing with my dog I found all the information on his arrest and case and presented it to the townhome, they put the blame on the background check process and didn't bother looking into it

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

Is there anything I can do legally especially since criminals are breezing through this student living town home background check ? They placed me next to someone who harasses and stalks woman did they put me in harms way? That is all I think

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11/14/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,914
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 7 months ago
Hi did you read the conversation I had with Pearl?

Good afternoon. I am sorry to hear about this. Just to be clear, you have had issues with this man? If so, have you reported it to them and now that they are aware, are they going to take any action? Do you know if the rental application asks about any criminal convictions or arrests?

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Customer reply replied 7 months ago
I'm pretty sure the application asks about prior convictions/arrests but then has you submit to a background check. I've reported this to them and the only action they have taken was "looking for a unit to transfer me to" when he should not even be living here according to them. Yes I've had issues with this man.

Thank you. If you have had issues with the man, the police should have been called and this should have been reported. Moreover, they should be aware of it as well. This way, they have an obligation to act and if he is in violation of the lease and the rules and regulations, can be evicted. In addition, if he lied on the application and they discovered this after, they could proceed and use that as a basis to remove him and evict. You have a right to quiet enjoyment and your own safety on the property and if that is at issue or a problem, they need to act and evict him. To move you to another unit does not solve the problem of someone being there with his background ( which is not allowed) and that is harassing you and possible other tenants. If they refuse to remedy this, you could have a basis to sue and break the lease and vacate.

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Customer reply replied 7 months ago
The office also said that my school would have notified them of his past criminal history. I didn't get the police involved because I contacted someone at my school at the dean of students office and thought he could redo a check, contact the office, and get this all sorted. I must also add that he is not only a grad student here at UNCC but WORKS there as a teacher assistant. So it is very troubling for both background checks to fail at the school and my townhome.
Customer reply replied 7 months ago
Here is the email I sent to the school can you tell me with more information if this is basis for me to do something legally?

Yes, it certainly is and it needs to be address with both the school and the townhome. Moreover, if he harasses and bothers you and this is reported, the school may be notified as well.

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Customer reply replied 7 months ago
Hi Mr.Langley,
For reference here is the email I sent to Elizabeth Holmes the manager at 49 North town homes. I sent this email after she confirmed 3 times in a demeaning tone no one would live here with more than a traffic ticket. (I will copy my mom on this email)
"Good morning Elizabeth,Please look into State versus William Hunter Long. He was charged with misdemeanor stalking and harassing communications at Orange County Courthouse in Arden, North Carolina. He appeared in court 9/06/2016 with a bond of $2,000. His warrant for arrest file number is ***** 052270. His date of offense was 8/03/2016 and arrest date was 9/01/2016. I would like to know how your system of background checks completely failed because this is more than a traffic ticket. I am in a co ed building living next to someone who STALKS AND HARASSES women, and you are telling me there is no one here with more than a traffic ticket. My safety is compromised because a failure in your system and I would like to know what you want to do from here. I do not feel safe, and I do not feel it is appropriate for me to move, when someone with this background shouldn't even be living here according to you.Thanks,Autumn Scarborough "She replied that they are prohibited from leasing with people with a criminal background, and that the University would have notified them. He told us (housemates) himself that he got the stalker charges dropped but not the other charge, and the restraining order was granted against him (also that this situation cost him 2 jobs). If it helps here are the key things again:
State Versus William Hunter Long 326 Cedar LN Arden NC 28704
Offense: Misdemeanor stalking 16CR52270
Offense: Misdemeanor Harassing communications 16CR52269
Orange County Courthouse 9999. District. 9/06/2016
(he also told us they made him give DNA, which is terrifying)
date of arrest 2016-09-01
Although I have this information and know of the scary things he did to the victim, this information was not taken into account nor looked into by Elizabeth Holmes, it seems as she simply blamed the 3rd party background checking system they use. Please let me know if you need more info and I will try to find it or get it out of him since a search engine proved more reliable than a background checking system hundreds of people rely on. I do not feel safe where I am anymore and it feels like the town home office completely disregarded my well being, placing me right next to someone who stalks and harasses women.Personal things he has done:Most importantly 9/29/2017 he put my dog Nina outside while I was out at lunch with our other housemate, and denies it although he was the only person home and only person that complains about Nina, as well as the weird things he said about my dog the night before. Examples: (yelling) "Why do you have to call her cute and a princess all the time we get it (3 minute rant)" "Why is she more of a household member than me I deserve respect too"- following me telling him not to call Nina a dumb dog (and tell her to shut up) and that she deserves mutual respect.
Mental breaks? example: Opening and slamming the fridge door and freezer door, interchangeably, repeatedly for 5 minutes straight while screaming "f**k f**k f**k I cant get the door to close all the way" in some sort of trance. Then acted like nothing happened and resumed to "normal".
Harass/berate only towards me, the only woman. This example is after he invited himself to go uptown with me and my 2 (male) friends (one of them the other housemate) and we allowed him to come with us, only to have to leave after he caused someone to get kicked out. "Not to be that guy but I have to say it if no one else will, that dress is too short I mean come on seriously why are you wearing that"; After 3 of us decided to go back to university for food instead of eat uptown he verbally attacked me on the side of the street "Ok really just because you want to wear hooker heels, you know your feet will hurt later, seriously I don't want to uber back after paying $8 of the fare to get here and only stay for an hour" my response: "Its your fault we had to leave the club and you can get an uber back alone if you really want to stay uptown" His response was more yelling about how I am dressed and that he guesses it makes more sense to pay less and head back with us. After we arrived home that is when he started to verbally abuse my dog ???? and admit jealousy towards her? Which lead to her being found outside the next day...
These are just the main things and I can go into more detail and more examples of disturbing things he has said/done if needed. I could deal with the random verbal attacks on me, but when he put my dog outside in hopes of her running away, I no longer felt safe here and decided its up to me to find his criminal background.
The reason I came to the school about this is not only is he a grad student that works as a TA, but my town home complex seems to not..
Customer reply replied 7 months ago
not care about this situation. I'm hoping that the school can look into his background as you should have more resources than I do and confirm with the town home that he was convicted of said crime against a woman and has a restraining order against him. Its appalling that I even got placed in this situation and I'm depending on the school to look out for my well being as a student here at UNCC.Kind Regards, *****
(###) ###-####

This all can be presented and used if you need to vacate and you want them to take action, against him. It is odd that this was never known and would be at the discretion of the school to allow him to be a TA.

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Customer reply replied 7 months ago
what is my next step? Do I suck it up and allow them to transfer me to a different unit? The only reason I wanted to live here off campus was to be with my friend (Will Hicks not the crazy one) and to have my dog with me, but now they seem to only offer me units that I can only move to without my friend since we would need a coed unit.. Do I just move on from this or is this something I should fight legally?

It is really at your discretion. If you want to stay, you can fight it and get them to move HIM, if they messed up and he should not even be there to begin with. You can explain your living situation and see if they will allow you to remain and demand he move or be evicted, if he lied on the application. Moreover, you can report this to the police and allow them to investigate, if he has harassed you and inform the school as well, as to his conduct.

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Customer reply replied 7 months ago
I would prefer to stay and for him to move but how do I get them to acknowledge their background check is a failure? I provided all the information on his arrest and everything but they don't seem to care?

You would want to look at the application again and see if he was asked about this and required to disclose it. If it was and he failed to do so, he would be lying and they could use that to evict him. As far as what they use for the check, that is at their discretion and you can share that it obviously is not as in depth as needed and they need to consider using another third party. You can make your demand to them, that he move and present evidence as to why that should have and that they should be accommodating and working with you, as you did nothing wrong.

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Customer reply replied 7 months ago
Right they should accommodate me I don't know why they're trying to accommodate him. One more thing. Is it a university's duty to ensure the well being of their students? I feel like they have looked the other way as I never heard back from Mr.Langley. I'm about to call the school again.
Customer reply replied 7 months ago
This has been brought up to both the school and town home since mid September.

Yes, it is. It is at their discretion to hire someone and should not place the students at risk or in danger, if the character if someone is in question. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 7 months ago
Thanks for all your help

My pleasure.

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