Legal Question in Disability Law in Pennsylvania

Constructive Eviction By Noise

HUD via the PA Human Relations Commission investigated my housing complaint against a subsidized developer: lack of reasonable accommodation of my disability, Post Traumatic Stress Disorder. An aggressive neighbor played a television so loudly that chronic insomnia made me ill. The developer euphemistically ''released me from the lease'' I did not want to be released from.

The rights of a television were given precedence over my right to a place to live. The PHRC compounded the pain by admitting as ''witnesses,'' in deciding in favor of the Respondent, tenants who lived nowhere near me, who did not have the same disability, and with one exception who had no firsthand experience of the noise.

I'm now at the Preliminary Hearing stage in Fed Dist Court. I may have to represent myself. I found what seems germane case law in other states, but in which constructive eviction was characterized by tenants taking the initiative of lease-breaking (rather than having lease-breaking forced on them).

But neither HUD nor the PHRC took issue with my claim of constructive eviction. If I act pro se, can I cite laws where tenants broke leases and the landlord sued rather than vice versa?


Asked on 7/24/08, 6:27 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Constructive Eviction By Noise

You asked about making a claim regarding lack of accommodation for PTSD.

We can't advise you because your are asking for specific legal advice.

I would suggest that you look for cases of ADA claims and particularly a recent case that had to do with PTSD and disrupted sleep: Desmond v. Mukasey in the Federal Circuit Court of Appeals.

It would also help for you to familiarize yourself with the jury instructions applicable to such claims. Take a day and spend some time in a law library. Jenkins Law Library in Philly is very good. But any library that you can get to will suffice. Look for books discussing the ADA and also local federal procedure. You should read the copy of the local rules for the district court thoroughly.

And please do not send a follow-up question. It will NOT be answered.

Regards,

Roger

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Answered on 7/24/08, 10:32 pm


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