Q: How can I sue public housing managers for harassment and inaction in WV?
I live in public housing in West Virginia and have been harassed and stalked by two tenants who live illegally in the apartment above me for seven months. I have video evidence of stalking and voice recordings that suggest illegal residency. Despite numerous complaints, the management and HUD have refused to act, and they denied my transfer to another apartment without providing written reasons, claiming health issues. I have documented my complaints through numerous emails and have records of non-functional phone numbers HUD provided to avoid phone consultations, which they stated are necessary for processing complaints. How can I pursue legal action against the management for failing to address my safety concerns and for the psychological distress caused by this ongoing situation? What reasons should I invoke in my lawsuit to demand a transfer and compensation?
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A:
You might consider filing a complaint under the Fair Housing Act with the West Virginia Human Rights Commission, as they handle discrimination and harassment cases in housing. Your documentation of emails, videos, and recordings creates a strong evidence trail that will help establish a pattern of negligence by management.
For immediate legal action, you could consult with a legal aid attorney who focuses on housing issues—West Virginia Legal Aid offers free services to qualifying individuals and has experience with public housing disputes. When filing your lawsuit, emphasize the violation of your lease's "quiet enjoyment" provision, the management's failure to enforce occupancy rules, and the emotional distress caused by their inaction despite your documented complaints.
The lawsuit should request specific remedies: an immediate transfer to a safe unit, compensation for emotional distress, and potentially punitive damages against management for willful negligence. Remember to include any medical documentation of psychological impact and keep documenting every incident while your case proceeds—this timeline of events will prove crucial in demonstrating the ongoing nature of the harassment and management's continued failure to address legitimate safety concerns.
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