possible discrimination because of my medical condition

[Adam_W]

Today I got a letter from my apartment office regarding an inspection on the condition of my  apartment. I have a lot of clutter that has built up because when had my severe anemia, I wasn't able to take boxes and stuff downstairs to the dumpster. They told me I have to have it all cleaned up or my lease may be terminated. Fair enough, and I've started getting things cleaned and organized. The issue is regarding my dialysis supplies. In the letter, they described my "boxes with needles and syringes, and evidence of blood and used needles (my sharps container)", and they said all this needs to be "thrown away" It's pretty obvious to anyone who comes in my apartment that all that stuff is for medical treatment, plus it's hard to miss the big dialysis machine next to my chair in the living room. They also referred to my stack of  NxStage boxes, which I have to store in my living room next to my machine, and said I need to throw them away as well. My question is, could they really terminate my lease because of my medical supplies or force me to get rid of them, or am I protected from that kind of discrimination?

[RichardMEL]

ouch! sounds like ignorance more than a deliberate discrimination. I think you need to be there when they inspect to explain exactly what is in the boxes, why you ahve them by the machine, and that the machine is to keep you going and medically required. It may also help to get a letter from your neph on letterhead certifying same as backup evidence should anything actually come of this.

re the sharps - I know our local pharmacy has a policy that you can take full sharps containers to them and they will deal with them. I would be telling the apartment folks that ibecause sharps containers are a biohazard you can't just "throw them away" - that's not acceptable, and you will arrange propper disposal via an appropriate source (eg: pharmacy, hospital, whatever).

Frankly I think if you have boxes in your appartment and it's reasonably clean and neat and not causing damage to floors or fittings it should be none of their business what the heck it's for - but you definitely have appropriate grounds to lodge a complaint, in my view, if they take things further against you.

I think as long as you show that you're making efforts to clean up the "clutter" (as you put it) and work with them rather than agaionst them then it should be ok. best wishes!

[sullidog]

I would call them and explain, or better yet have your neph write a letter and send it to them. You have a valid complaint in my oppinion. Just curious when you got your machine did they have to come in and redo your plumming or did you have that done yourself?

[Desert Dancer]

What is this, mommy telling you to clean up your room? What business is it of theirs if your apartment is cluttered, as long as it's not causing a health hazard or disturbing other residents? It's not like you've got your supplies strewn around in the common areas, is it?

And yes, I definitely think home dialysis falls under both the Americans With Disabilities Act and the Fair Housing Act. Quite frankly I don't think they have a leg to stand on. There's no way in hell they can force you to throw out lifesaving medical supplies, and I HIGHLY doubt it's anywhere near legal for them to terminate your lease because you do dialysis at home. If you'd like me to help you dig for the specifics of these laws, please let me know.

As Richard said, it's probably more ignorance than malice. But if they do decide to be dicks the law is most assuredly on your side, so rest easy.

[ToddB0130]

I would think that as long as you haven't made any changes to the apartment and (if you chose to leave) it would be in the same condition as when you moved it,  they would not have an issue (and even then,  if necessary you could just leave knowing you might forfeit your security department).

It's an odd situation ....I'm unclear as to what their complaint is exactly ..........were there common areas where you had 'clutter' that other tenants might have complained about ??  If not,  I can't imagine why they'd have any need to enter your apartment at all to see the condition of it.    (I've heard of other tenants complaining of pet odors, bicycles being left in common areas ....the kinds of things that might affect THEIR living conditions) .... but why would anyone care what's going on inside another person's apartment if it's not impacting anyone else ?? 

Sorry,  I'm not understanding their issue at all here. 

[Adam_W]

They do an annual inspection to make sure there are no obvious health or safety hazards. My apartment is messy and cluttered, but it is not effecting any other residents, and no common areas are effected. Since I do NxStage, I didn't have to do any changes to plumbing or anything. I'm going into the office tomorrow so I can explain the situation with my dialysis supplies and how I have the right to have and use them. I'm also going to be contacting a home healthcare service and see about having someone help me keep my apartment clean and organized since it's hard for me to physically do it (second floor apartments and disabled people don't mix). A friend of mine used to work for this particular service and he said they're really good, and they take Medicaid.

[Joe]

Let us know how your discussion comes out.

[drgirlfriend]

I have heard of apartment management doing annual inspections just to check on things. I don't think it's so out of line, but ignorance can be a problem! I certainly hope they understand. Please let us know!

[sullidog]

Yes apartments always do anual inspections, once or twice a year. Let us know how it goes!

[Jean]

Your managers are untrained morons. You already know more than they do. You will probably need a letter from your neph and if that doesnt work,just pick up the phone and call Fair Housing. They act immediately!! Trust me when I tell you this, I worked in government or rather HUD housing for over 15 years.