Expert: John Fuller - 5/19/2010

Question
Recently I moved into a new complex. Prior to getting in here they gave me hell. My boyfriend and I went apartment hunting around the beginning of February. We found an apartment I really love so we decided that it was going to be our next move. Our application had gotten denied for whatever reason, or so they said. We had never gotten a denial letter or call stating that we were denied. Which I find a little fishy. So we called they said we needed a cosigner. We never had a cosigner and we have rented 3 other apartments before. So my boyfriends brother decided he would cosign on the apartment. We actually wrote corporate and told them we feel like we are being discriminated against because of our race. They didn’t even reply. The day of the move in they didn’t want to give us the keys because they said my boyfriends brother, who lives in Vegas, hadn’t signed a paper. They had over a month to tell us the paper needed to be signed but they chose to tell us on the day of move in. Seriously!
So we got situated and all moved in. 6 days later we had a house warming party. We went downstairs to tell the neighbor if there is any noise to tell us and we will end the party. About 10-15 family members came over. The next morning we get a letter on our door saying we can be charged $50 for the next noise ordinance. I take full responsibility for it because I’m sure there was noise. After that the complaints kept coming. The downstairs neighbor came up while my mom was over and my 3 year old son was by my side and said “Can you keep it down, I’m trying to get some work done” She didn’t even looked at me and walked away. She’s older than me so I refuse to disrespect her. Whenever the neighbors think we make to much noise the bang on the ceiling and call the cops. The cops say it’s nothing they could do because it’s not after 10pm. I’ve been complaining to the office also and the assistant property manager would say it’s nothing they could do also, on several different occasions. She even got me a certificate to the spa for my birthday and said get out the house because you’ve been too stressed lately. The situation calmed down for awhile.
About a week later we get called in the office saying we have to move or they will evict us. The property manager said she was downstairs and the noise was ridiculous. I then told her well before you try to slap us with eviction how about you come check out my apartment and see what the sub flooring is like. The next day I didn’t hear from her. So I finally emailed her and she said she’d be over shortly. She came over and witnessed what it’s like up here because it’s definitely some sub flooring issues. She said that she would have a contractor come out to fix the problem. My birthday was the following week so we were going out of town. She said while we were gone she was going to have contractors come in to see it and possibly fix it. They never fixed it and I don’t think they came by.
Recently the downstairs neighbor threatened us! By saying “If you don’t keep the noise down you better watch your back! I’m scared for my life and I want to move but we don’t have the money because we just moved about 2 months ago and why should I move because some idiot downstairs doesn’t like us. Now they gave us 4 options. #1 Move to another apartment within the complex. #2 Move to another sisterhood community. #3 terminate our lese. #4 Get evicted. We never even got the $50 fine the promised. I don’t know what to do. Is this racial discrimination? Or discrimination of family status?
I went to several different sites looking up the signs and examples of racial discrimination and here’s what it said:
*Not returning calls or emails
*Leasing the apartment you were suppose to rent
It said other stuff also but this is what I needed. In the lease it states that you can’t threaten a neighbor under Prohibited Conduct. How dare they force us to leave and we are the ones being threatened. All I need is some advice thanks!




If you walk across my floor it's loud..I've been in their apartment so I know what it sounds like. I don't just let my kid run all over the place. I have enough respect for these people even though they are sh*t heads. But dang it, it's not my fault, The own property manager and a contractor said there is subflooring issues! We were the only family to live above them! I'm not a crappy resident. This screams out discrimination on the basis of familial status even if it isn't racial discrimination. I DONT WANT MONEY I WANT JUSTICE!!!!

Answer
Hi Deborah,

After reviewing your question, there are several areas of real concern.  First, anyone who denies you a residence in Nevada must give you the reason which most of the time will be credit difficulties for people.  If they used a credit report, they are required by law to give you a copy and explain in writing why you were turned down.  Secondly, the corporate headquarters for their own protection should have started an investigation into your complaint of alleged discrimination.  Since they did not or even respond to you, that is something you will need to document.  I am sure that the Nevada Equal Rights Commission would love to hear your complaint.  As far as the noise ordinances are concerned that is a local matter; however, if you are given these options by the apartment complex ownership/management, it appears to be shoddy management in my opinion to say the least.  If they are offering you another apartment which is a better one and also will have less noise problems for you and for the other tenents, you should consider this as an option since it is their number 1 option.  However, terminating your lease, evicting you, etc., good luck with that one on their part.  

Right now, my advice to you is to contact the Nevada Equal Rights Commission.  I am not sure where you are exactly located but the two offices in Nevada are below.  They investigate charges of discrimination in employment and in housing and familial status is a protected category in Nevada.



Equal Rights Commission
Las Vegas
555 E. Washington Avenue
Suite 4000
Las Vegas, NV  89101
Phone (702) 486-7161
Fax (702) 486-7054 Equal Rights Commission

Reno
1325 Corporate Boulevard
Room 115
Reno, NV  89502
Phone (775) 823-6690
Fax (775) 688-1292

http://detr.state.nv.us/Nerc_pages/housing_discrimination.htm

I am positive that when you file a complaint, they will pursue this.  Please let me know if you have further questions.

John