Q: How to have a trespassing ban lifted for my childrens father from my hid housing community?
Does the property manager/Board of Directors have the right to indefinitely ban a guest from the property or my personal apartment?
My childrens father , also married but separated has been banned from the complex for years. I was evicted in the past for having him on my property to bring in a washer and dryer for our children.
I once again reside in the HUD Cooperative housing community. I was told if I have my children's father in my unit or in the property I will be evicted.
I feel that is violating my constitutional rights as a tenant and American citizen.
I believe this would fall under the "freedom of association", freedom of reasonable accommodations for guest", freedom of family interaction and support of children and father.
This has to be discrimination and illegal.
Is there anything I can file or do to resolve this situation.?
A:
Without examining all the circumstances it is hard to say for sure what is going on here.
Landlords, including those who accept HUD money, have the right to restrict entry to their private property for non-discriminatory reasons. If a person, for example, has damaged property or assaulted persons in the past, they are within their rights to ban him from returning, and, with notice, evict someone who invites such a person in, provided such provisions are in the lease/tenant handbook.
If they want to ban all people of the female gender, or all African Americans, then that is not allowed no matter what.
You don't say WHY this person has been 'banned'. That matters. Is there a procedure for challenging that 'ban'? I assume there probably is. That is the process you need to follow.
You also say something that is a common misunderstanding. You don't have 'Constitutional Rights' as a tenant. You have rights WITH THE GOVERNMENT as a citizen and resident of the country. The GOVERNMENT cannot discriminate against you. Your landlord can, with limited exceptions. Think of it this way, the LANDLORD also has the right to associate or not associate with anyone he chooses. If he doesn't want person 'x' in the complex, and he communicates that to you as his tenant, if you invite person 'x' in anyway, he is within HIS rights to evict you. Rights don't exist 'in a vacuum' — your rights and his must co-exist, and neither is greater than the other.
If you don't know how to protest this, I'd suggest you consult with a local attorney familiar with your complex and its rules and seek advice. Good luck.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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