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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118722
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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HUD related questions I own a mobile home park in Texas. I

Customer Question

HUD related questions
I own a mobile home park in Texas. I rent a lot to a tenant that parks one mobile unit. The tenant owns and maintains the unit. My responsibilities are to provide water, sewer, trash, and roads to the unit.
Tenant recently filed a complaint with HUD claiming discrimination and harassment due to a disability.
Her claimed disability is chronic fatigue syndrome and a she is claiming we have not property mitigated noises in the neighborhood to "accommodate" her disability.
Of course we are claiming that we have taken care of all noise issues to the best of our ability.
We have provide HUB with all the requested responses to their questions and are awaiting the results of their investigation.
My questions to you
1. Are lot rentals covered under HUD protections for tenants? My research shows that mobile homes are covered but I can not find any thing in HUD regulations that talk about the renting of a lot.
2. Does a tenant with an internal (non visible) disability have any responsibility to document such disability by presenting landlord with disability paper, etc. ? The tenant moved to park Nov. 2010 and it was not until April 2016 that we got a letter for a doctor proclaiming she had a disability.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
HUD covers all forms of housing discrimination under the Fair Housing Act. So they have authority to investigate any complaints of violations under the FHA.
This complaint is nonsense (there is a stronger term, but I will remain polite). First off, to violate the FHA by failure to provide reasonable accommodation in housing, you first need proof of the disability (doctors reports etc) and then a request for reasonable accommodations. A person who has a proven permanent disability is entitled to a REASONABLE accommodation. They are not necessarily entitled to accommodation at all costs nor are they entitled to the exact accommodation they are seeking. Furthermore, she has to make the disability known and has to specifically ask for accommodation, unlike in her case where she has been there for 6 years before making it known. She is trying to scam you out of money is what she is doing.
You cannot retaliate against her, so you will have to fight the claim, meaning you need an attorney, but you would likely win based on the information you provided above. Furthermore, it is unreasonable to think the park owner can stop everyone from making any noise at all in the neighborhood. It sounds more like she has severe psychological problems if she believes otherwise. So yes, HUD has authority to investigate and you have good cause here to seek to fight the claim and win.