For more than 14 years, Carl has called his apartment home. Living with a disability and using a wheelchair, Carl relies on federally subsidized housing to maintain stability and independence. He has consistently paid his rent on time and has long requested accommodations to make his unit more accessible. Despite his efforts, his requests for basic modifications—such as protective strips along the wall corners to prevent wheelchair damage—were ignored.
Earlier this year, Carl was shocked to find a Notice to Vacate taped to his door. The paper later blew away, and he was only able to obtain another copy by visiting the management office. When he asked for clarification, management informed him that his lease would not be renewed and cited three alleged “violations”: twice failing to admit an exterminator into his home and leaving wheelchair marks on the walls. Carl disputes these claims, explaining that the exterminator had in fact visited his unit and that any marks on the walls resulted from the absence of the accessibility modifications he had requested for years.
With limited mobility, no transportation, and no savings to cover relocation, Carl faced the devastating possibility of homelessness. When he tried to pay his rent for the following month, management refused to accept it. They also did not specify “good cause” for nonrenewal of the lease, as required in federally subsidized housing.
That’s when attorney Deborah Concepcion stepped in.
After opening an investigation, Concepcion identified serious legal deficiencies in the landlord’s actions. First, the Notice to Vacate was improperly served. Additionally, the alleged violations had never been addressed with warnings, nor were they grounds for eviction under federal housing regulations. In income-based housing, landlords must demonstrate good cause to terminate or refuse to renew a lease. In Carl’s case, the notice fell short of that requirement.
Concepcion also raised critical issues under the Fair Housing Act and the Americans with Disabilities Act. Rather than treating Carl’s wheelchair use and service animals as violations, the landlord should have granted reasonable accommodations—such as modifications to protect the walls or assistance with inaccessible cabinets.
In court, Concepcion successfully argued that Carl’s eviction was both procedurally improper and discriminatory. The judge agreed, ruling in Carl’s favor. Thanks to this outcome, Carl remains securely housed, along with his service dogs, and can continue living independently in his longtime home.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
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