Addressing complaints about a special needs tenant

[Aubrey Terrazas]

I recently got a complaint from the HOA of a long distance property that I own about my tenant cursing profanity and slamming doors. There was a list of about 15 formal complains, including calls to the police (this is the first time I've been informed after about 1.5 years of the tenant living there). The HOA said I would be fined if any more complaints are issued.

This is obviously an issue for the other tenants, but mine is a man and his adult special needs son. I’m certain the behavior came from the son.

I plan to address my tenant ASAP, but would any disciplinary action be considered discriminatory? Can I pass the fees to him?

Thanks for the input!

[Joe Martella]

If the son has a confirmed disability, I would notify the HOA in writing. Just be careful to maintain the privacy of the tenant when discussing your tenant's disability to the HOA. If there is a legitimate disability, the ADA may apply. I would suggest giving a copy to the HOA if it does.