Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Vi Jay

Vi Jay has started 1 posts and replied 5 times.

Yes, we hired an attorney and working through the paper work. Not fun as the investigation covers all aspects of property management. I am confident this will come in our favor but comes at a steep cost to us. I will post the outcome but it may take several weeks if not months.

We learned the rules around 'reasonable modification' requests from tenants with disabilities is vaguely defined and open for wide interpretation.  So better have a well defined process and more importantly train the staff to handle upfront such requests.

My advice to other owners is always include  frivolous law suits or other disputes as a line item in your financial analysis when purchasing the property. This is an item where you have no control, however meticulous you are with operations, may hit unexpectedly. The burden of proving you have followed the regulations precisely falls on you. 

Scott,

  It’s not a suit yet but an investigation by state human affairs commission. As far as the tenant we believe she is looking for some settlement in the name of discrimination. I’m saying this because she is refusing to move to another unit.

SC laws provide tenants a right to request modifications and landlord has an obligation to make the changes (and optionally pass the cost to the tenant) or provide a reason why they can not make the modification. I'm not an expert in this area and just learning about it now. Looks to me too many grey areas and legal traps. All this happend in a matter of 4 to 6 weeks for us to respond. I'm pretty sure there must be similar cases in the past and hoping some one will share insights.

Building ramp was challenging given the surroundings. We offered choice of ground floor units in other buildings for her to choose where a ramp is not required. Also the tenant lived in that unit for the last two years with no complaints. Our Property Manager believes she is not interested in resolving with other options and was finding a way to lodge complaint with SCHAC. We never had any such complaints (it is a 300 unit property). But the SCHAC investigation questionnaire is very lengthy and almost needs help of an experienced lawyer to avoid any legal pitfalls.

A tenant with wheelchair disability filed complaint with South Carolina Human Affairs Commission against our multi-familty property (apartments) in Columbia for not building a ramp per her request. Looking for suggestions from other property owners who might have experienced similar complaints. Particularly if you know of a local defense attorney familiar with this topic who can help us with SCHAC questions. Thanks in advance.

Vi