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HOARDING Is a Disability and you MUST Accommodate It Under Fair Housing Laws
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Page 1: HOARDINGtmamgroup.com/_dev/wp-content/uploads/2016/04/Hoarding.pdf•Hoarding can account for very costly clean up Hoarding v. Collecting •Neighbors complaints (vermin, roaches,

HOARDING

Is a Disability and you MUST Accommodate It Under

Fair Housing Laws

Page 2: HOARDINGtmamgroup.com/_dev/wp-content/uploads/2016/04/Hoarding.pdf•Hoarding can account for very costly clean up Hoarding v. Collecting •Neighbors complaints (vermin, roaches,

HOARDERS, HOARDING & THE FAIR HOUSING LAW

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What is Hoarding?

• Hoarding is the excessive collection of items, along with the inability to discard them.

• Hoarding often creates such cramped living conditions that homes may be filled to capacity, with only narrow pathways winding through stacks of clutter.

• Some people also collect animals, keeping dozens or hundreds of pets often in unsanitary conditions.

• Reluctance or inability to return borrowed items; as boundaries blur, impulsive acquisitiveness could sometimes lead to stealing or kleptomania.

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The Medical Term Is..

Disposophobia

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Thanks to Shows Like…

• HOARDING: BURIED ALIVE & HOARDERS

• People are much more aware of hoarding, but research about this disease is in its infancy.

Page 6: HOARDINGtmamgroup.com/_dev/wp-content/uploads/2016/04/Hoarding.pdf•Hoarding can account for very costly clean up Hoarding v. Collecting •Neighbors complaints (vermin, roaches,

Research shows that…

• Hoarding is a progressive and chronic condition that often begins at an early age and increases in severity as the individual ages.

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How Prevalent is Hoarding?

• According to studies (and based on the 2010 Census) :

• Hoarding affects 2-5 percent of the population

• Approximately 6-15 million adult Americans

• Compared to 4.5 million older Americans suffering from Alzheimer’s or Dementia

• Hoarding can be associated with other disorders

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Co-morbidity

• In medicine, comorbidity is either the presence of one or more disorders (or diseases) in addition to a primary disease or disorder, or the effect of such additional disorders or diseases. Other diseases or disorders found in hoarders are:

• 53% major depression• 24.4% general anxiety disorder• 23.5% social phobia• 28% ADHD• 18% OCD

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Who is a hoarder?

• Men, women or children of all ages

• More common among seniors who are women

• Hoarding is an important issue that senior communities face at an increasing rate and as the senior community increases

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Seniors, the Census and Hoarding

• Nationwide, the population of seniors increased by 15% between the years 2000-2010

• It is expected to reach a total of 72.1 million seniors in this country by 2030

• This figure doubles the population of seniors in 2008

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More Information About Hoarders

• Hoarders are often highly intelligent

• They are teachers, engineers, rocket scientists

• Hoarders are friendly

• Hoarders are fearful of authority

• Hoarders are often embarrassed, overwhelmed, and ashamed about their situation

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Commonly Hoarded Items

• Clothes• Magazines• CD/Video Tape• Letters or Old Notes• Pens• Bills• Newspapers• Receipts• Cardboard• Boxes• Old Food• Containers • Freebies

• Beads• Wool• Fabric• Pins• Clothing rags• Old Medication• Body Products (nails, hair,

feces)• Used Diapers• Rotten Food• Plastic & Paper Bags• Books• Animals

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Why Do People Hoard?

• Trauma

• Decision Making Deficit

• Emotional Attachment

• Responsibility & Waste Issues

• Self Worth Issues

• Studies have shown that most hoarders are also dealing with obesity.

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Manifestations of Hoarding

• Acquisition of Items – Sales or Great Deals they just cannot pass up– Items given to them– Accumulation (not able to get around and clean up)– Not knowledgeable about recycling (so they keep

everything)

• Saving items– Sentimental– Instrumental to them (they may need it at some

point)– Can’t throw it away (too beautiful)

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• Disorganization

– Items thrown in piles

– Afraid to throw anything away for fear that they may throw something important away.

Manifestations of Hoarding

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Do hoarders know they are hoarders?

• Sometimes they do, but are more likely to be in denial.

• The belief is that they are doing something noble by not wasting.

• Their possessions are not junk. They are valuable, important and sentimental.

• Intervention to address the problem may be necessary.

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When does Hoarding Become a Problem? When…

• The behavior affects the health and safety of the hoarder, other residents, staff and the property.

• Why? The housing provider has the responsibility to protect the health and safety of the residents, the physical property and the owners property.

• Hoarding can trigger a fair housing case if not handled properly.

• Hoarding can account for very costly clean up

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Hoarding v. Collecting

• Neighbors complaints (vermin, roaches, smells)

• Unable to enter the unit in case of an emergency.

• Resident denies entry to unit for inspections and maintenance

• Discovered hoarding conditions when responding to an emergency request.

• If there are no health and safety issues, it is not the business of the housing provider to tell the resident how to live their lives.

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Depending on the lease

• Based on the state Landlord Tenant Act, hoarding may constitute lease violations…

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Levels of Hoarding

• Level 1 - Structure and Zoning (standard and not actually a problem)

• Level 2 - Pest and Rodents (may need expert intervention)

• Level 3 - Household Functions (may require mental health expert intervention)

• Level 4 - Sanitation/Cleanliness (serious)

• Level 5 - Landlord Intervention (critical -usually unit may be too far gone to save).

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It is best to catch a fly with honey than with vinegar!

• EVICTION… should be the last resort!

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The Reasonable Accommodation…

• For a hoarder is more time to get the unit up to compliance.

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Patently Unreasonable Accommodations…

The landlord does not have to carry out this request. It is possible to evict the resident when the hoarder:

• Is a threat to the health and safety of others and the health and safety issues cannot be addressed through a reasonable accommodation;

Page 24: HOARDINGtmamgroup.com/_dev/wp-content/uploads/2016/04/Hoarding.pdf•Hoarding can account for very costly clean up Hoarding v. Collecting •Neighbors complaints (vermin, roaches,

• The hoarding caused significant damage to the unit and the hoarder will not reimburse the landlord for repairs;

• The hoarder will not participate in any dialogues about the hoarding or cooperate with in an attempt to comply with the lease and living standards that are reasonable.

Patently unreasonable accommodations…

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Reasonable Accommodation for Hoarders

For hoarders violating the lease, who meet the definition of disability

• You must offer a reasonable accommodation even if they:– Do not ask for the accommodation

– Do not have to admit to having a disability

– Do agree that the unit does need cleaning up

REMEMBER THAT THE RESIDENT HAS THE RIGHT TO REFUSE THE REASONABLE ACCOMMODATION

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Is There Help for the Hoarder?

• Community collaboration is key.

• A housing provider should not access the resources for the resident, the resident must do it.

• The housing provider can be instrumental in sharing information about resources such as a hoarding taskforce. (The first Hoarding Taskforce in the nation started in Fairfax County, Virginia in 1998.)

• Be careful about recommending medical or psychological intervention could be perceived as provider “regarding the resident as having a disability”.

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Key Players

• Agency Intervention– Adult Protective Services– Public Health Department– Senior Information and Assistance– Animal Control– Fire Department– Code Enforcers– Dig-outs– Eviction– Guardianship or Estate

Page 28: HOARDINGtmamgroup.com/_dev/wp-content/uploads/2016/04/Hoarding.pdf•Hoarding can account for very costly clean up Hoarding v. Collecting •Neighbors complaints (vermin, roaches,

You Should Always Have A Plan In Place

• Set achievable goals.• Define each of the goals specifically.• Lay out the steps to achieving those goals.• Use a workable approach.• Use the services of a Resident Relations

Coordinator if available• Set deadlines for the completion of goals.• Sign an agreement that lays out the agreed plan.• Once goals are achieved, agree to periodic visits

to maintain unit in healthy and safe standard.

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If You Have a Resident Who Is A Hoarder…

• Listen without making a judgment. • Treat people who hoard as you would like to be

treated, with respect and dignity.• Focus on the person’s good qualities, not the

mess. Find ways to draw out his or her best assets and not focus on faults.

• Recognize small steps of progress in eliminating clutter.

• Remember that good coaches help shape the decision so that it is easier to make; they do not make the decision for the person.

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Ways Management Is Able To Help

• Subsidized housing, may have supportive service on site to assist with the clean up of the unit.

• Provide a list of resources in non subsidized housing

• Provide dumpster or trash disposal services

REASONABLE ACCOMMODATION DOES NOT MEAN MANAGEMENT HAS TO HELP WITH

CLEAN-UP!

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Remember …

• Talk with your Regional Property Manager when you encounter a hoarding situation.

• All reasonable accommodations must be approved by Theresa or Lester before you implement a plan.


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