Did you know that when you drive by your rental, and the garage is packed with who knows what, your hoarding tenant might be considered disabled? As our society advances and concludes differing types of behaviors are disabilities, the classes of protections under the Fair Housing Laws continue to expand. Fair Housing laws protect people with disabilities. I think we can all agree this is a good thing. It is a worthwhile ambition to ensure all people, no matter their disabilities, have access to the housing they desire. As the definition of a disability widens, there will be new groups included under the protection umbrella. I am not a doctor but I have been told that hoarding is a disease. As a disease, it can be considered a disability. As a housing provider you must recognize the protections offered your hoarding tenants. So, unfortunately, just because your tenant is hoarding, and your costs to make the home rentable in the future may become significant, you are not allowed to terminate the lease. If you do, you might face the wrath of the Fair Housing attorneys and I can assure you, the hoarding tenant is much less of a problem!
An excellent summary of this issue is provided here. If you currently are dealing with a tenant that fits the definition this may change the action you are contemplating trying to preserve your property.
