It’s not easy to live with, either for those with hoarding disorder or their neighbors, particularly in a condo where people live in close quarters. Nor is it easy to deal with.
By definition, people with hoarding disorder experience severe distress letting go of personal items, garbage and food included, to the point that it’s emotionally easier for them to hold onto everything. So it’s not as easy to say, “Clean it up!’
At the same time, hoarding poses health and safety risks, including fire, flooding, pest infestations and other concerns. Any related damages could be costly to resolve and affect property values both for the unit and the building.
Frustrated neighbors may just want the problem, or the person with hoarding disorder, to “disappear,” even to the point of threatening eviction. But not so fast. Trying to evict someone with hoarding disorder could backfire. Here’s what you need to know about the law and how to deal with hoarding in a condo setting.
Legal landmines around evicting someone with hoarding disorder
Because hoarding disorder is recognized as a disability, people with the condition are protected under the Fair Housing Act and the Americans with Disabilities Act. That means they can’t be evicted on account of hoarding disorder itself.
But if they are breaching code and condo bylaws, like storing piles of books that compromise building sprinkler systems, condo boards can pursue compliance.
Under some extreme circumstances, boards may pursue eviction for repeated violations, whether the resident is a tenant or an owner, but only as a last resort.
It is legally important to demonstrate a willingness to accommodate condo residents with hoarding disorder, allowing them to address and resolve concerns.
Beth Mulcahy, senior partner at Phoenix-based Mulcahy Law Firm, has dealt with hoarding situations on behalf of condo boards and homeowners associations (HOAs). She advises talking directly to the resident about concerns before taking any further action. If the resident owns their unit, she also suggests reaching out to their relatives for support.
“Focusing on the owner’s need for help as well as on the need to enforce the community’s rules may produce a faster and more long-lasting solution to the problem,” she writes.
