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HomeMy WebLinkAbout02-3841IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY W. WILKiNSON, : Plaintiff : : v. : Docket No. O.,2.B,~ql ~ THE HOUSING AUTHORITY OF : THE COUNTY OF CUMBERLAND, : CHRISTOPHER GULOTTA, : SUE A. WOLF, YVONNE HECKLER, : and CATHERINE MOWERY, : Defendants : PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons directed to the following named defendants: The Housing Authority of the County of Cumberland 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Christopher Gulotta 448 C. Street Carlisle, PA 17013 Sue A. Wolf 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Yvonne Heckler 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Catherine Mowery 3721 Spring Road Carlisle, PA 17013 Date: BLAKEY, YOS~BUP~LLP S. Ct. I.D. #82585 Attorney for Plaintiff 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Commonwealth of Pennsylvania County of Cumberland Larry W. Wilkinson vs The Housing Authority of The County Of Ctr~berland 114 North Hanover Street, Suite 104 Carlisle, Pa. 17013 Christopher Gulotta 448 C Street, Carlisle, Pa. 17013 Sue A. Wolf 114 North Hanover Street, Suite 104, Carlisle, Pa. 17013 Court of Conunon Plea~ No. 02-3841 Civil Tenn 19 .... Catherine Mowery 3721 Spring Road, Carlisle, Pa. 17013 Yvonne Heckler 114 North Hanover Street, Suite 104, Carlisle, Pa. 17013 To J~ouS~g_Antbf~rity_~f_J~h~_CDA~lt~_~f_~l~nberland, Christopher Gulotta, Sue A. Wolf, Yvonne Heckler and Catherine Mowery You are hereby notified that ~_~ _ p:_ _w_ ~3~_%~pn ............................................................................ the Plaintiff ha~ commenced an action in .......... £i¥i]__La~ ................................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date _ _ _%U~t ~ _1_2_ .... _2_Q Q 2_ ...... ~ .... .q~nltis R. LO_D~L Deputy SHERIFF'S RETURN CASE NO: 2002-03841 P COMMONWEALTH OF PENNSYLVAi~IA cOUNTY OF CUMBERLAND - NOT FOUND WILKINSON LARRY W VS CUMBERLAND COUNTY HOUSING AUTH R. Thomas Kline ,Sheriff or Deputy Sheriff, duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT HECKLER YVONNE unable to locate Her in his bailiwick. who being search and but was He therefore returns the WRIT OF SUMMONS the within named DEFENDANT , HEC~I~ER YVONNE HECKLER IS RETIRED AND IS NOW LIVING IN FLORIDA. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County BIJIKEY YOST BUPP P~AUSCH 09/09/2002 Sworn and subscribed to before me this ~2~ ~ day of A.D. Prc~Pfonotary ' SHERIFF'S RETURN - CASE NO: 2002-03841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON L~RRY W VS CUMBERLAND COUNTY HOUSING AUTH REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOUSING AUTHORITY OF COUNTY OF CUMBERLAND the DEFENDANT , at 114 NORTH HANOVER STREET CARLISLE, PA 17013 at 1525:00 HOURS, on the 6th day of September, 2002 SUITE 104 by handing to CAROLYN BAIR, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~--~ day of .~_~ . o? ~0 ~.~ A.D. ! Prothonotary So Answers: R. Thomas Kline 09/09/2002 BLAKEY YOST BUPP RAUSCH By: t~ Sheriff SHERIFF'S RETURN CASE NO: 2002-03841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON LARRY W VS CUMBERLAND COUNTY HOUSING AUTH - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GULOTTA CHRISTOPHER the DEFENDANT , at 1525:00 HOURS, on the 6th day of September, 2002 at 114 N HANOVER STREET CARLISLE, PA 17013 CHRISTOPHER GULOTTA by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3~ ~ day of ~~ ~2~ A.D. J ~rothonotary So Answers: R. Thomas Kline 09/09/2002 BLAKEY YOST BUPP RAUSCH By: Sheri SHERIFF'S RETURN - REGULAR CASE NO: 2002-03841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON LARRY W VS CUMBERLAND COUNTY HOUSING AUTH JASON vIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within WRIT OF SUMMONS was served upon the WOLF SUE A law, DEFENDANT at 1535:00 HOURS, at 1 W PENN STREET CARLISLE, PA 17013 JUDITH BRANTNER, SUPPORTIVE on the 6th day of September, 2002 by handing to SERVICE COORDINATOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 19.45 Sworn and Subscribed to before me this ~ ~ day of ~2~b A.D. /P~oth6mo~ary 09/09/2002 BLAKEY YOST BUPP~RAUSCH.~ ~ By: ~~ f~ri f f SHERIFF'S RETURN - REGULAR CASE NO: 2002-03841 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND WILKINSON LARRY W VS CUMBERLAND COUNTY HOUSING AUTH JASON VIORAL Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS was served upon MOWERY CATHERINE Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1530:00 HOURS, at 2 W PENN STREET CARLISLE, PA 17013 CATHERINE MOWERY on the 6th day of ~eptember, 2002 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 So Answers: R. Thomas Kline o9/o9/2oo2 Sworn and Subscribed to before me this ~2~~ day of BLAKEY YOST BUPP R3IUSCH~ By: /~  uty Sheriff ~_~~~ ~.l~ A.D. ~othonotary Commonwealth of Pennsylvania County of Cumberland I~r~y W. Wilkinson The Housing Authority of The County Of c~nberland 114 North Hanover Street, Suite 104 Carlisle, Pa. 17013 Court o£ Conunou Pleas Christopher Gulotta 448 C Street, Carlisle, Pa. 17013 No. 02-3841 Civil Term 19 .... Sue A. Wolf In Civil Action Law __ 114 North Hanover Street, Suite 104, CarlisleT-~-7-~-f~ .............................. Catherine Mowery 3721 Spring Road, Carlisle, Pa. 17013 Yvonne Heckler 114 North Hanover Street, Suite 104, Carlisle, Pa. 17013 To 3dOD~g_Antbor~tl/_~fi_j~_CD1Lrxtl/--Qf-~-nberland, Christopher Gulotta, Sue A. Wolf, Yvonne Heckler and Catherine Mowery You are hereby no6fied that L___a~ W. Wilkinson ................................................................... the Plaintiff h~s coramenced an action in .......... Ci~;J3__I~3~l ................................... against you which you are required to defend or a de[auk judgment may be entered against you. [R~..~E COPY F,qO~ RECag~D P~0thom;flar¢ ....... C_u r ki_s_ _ _R_._ _L_o_n~[ ......................... Prothonotary Deputy LARRY W. WILKINSON, Plaintiff V THE HOUSING AUTHORITY Of THE COUNTY Of CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3841 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please entire my appearance on behalf of the Housing Authority of the County of Cumberland in the above captioned matter. Date: ,~qu~,, y ~ ,2003 Christopher C. Houston, Esquire Counsel for the Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Jill M. Lashay, Esquire PA I.D. #79985 Klett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler LARRY W. WILKINSON, PLAINTIFF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM PRAECIPE FOR RULE TO FILE COMPLAINT JILL M. LASHAY Klett Rooney Lieber & Schorling 240 North Third Street, Suite 600 Harrisburg, PA 17101 (717) 231--7700 Counsel of Record for Christopher Gulotta, Sue A.Wolf, Catherine Mowery, and Yvonne Heckler CHRISTOPHER C. HOUSTON, ESQUIRE Redevelopment and Housing Authorities of Cumberland County 114 North Hanover Street, Suite 104 Carlisle, PA 17013 (717) 249.-0789 Counsel of Record for the Housing Authority of the County of Cumberland KRLSHAR:22152.1 Jill M. Lashay, Esquire PA I.D. #79985 Klett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler LARRY W. WILKINSON, PLAINTIFF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure 1037(a), please enter a Rule upon the Plaintiff to file a Complaint in connection with the above-captioned matter. Respectfully submitted, Pa. I.D. No. 79985 Klett Rooney Lieber & Schorling A Professional Corporation 240 North Third Street, Suite 600 Harrisburg, PA 17101 (717) 231-7700 Counsel of Record for Christopher Gulotta, Sue A.Wolf, Catherine Mowery, and Yvonne Heckler KRL SHAR: 22152.1 CHRISTOPHER C. HOUSTON, ESQUIRE PA I.D. No. ~ (a ~"~:>.., Housing AuthofiVy of Cumberland County 114 North Hanow;r Street, Suite 104 Carlisle, PA 17013 (717) 249-0789 Counsel of Record for the Housing Authority of the County of Cumberland KRLSHAR:22152.1 LARRY W. WILKINSON, Plaintiff V THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3841 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon the following by first class mail, postage prepaid, this 9th day of January, 2003, addressed as follows: John J. Baranski, Esquire 17 East Market Street York, PA 17401 ~Houston, Esquire Counsel of Record for the Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:\HOUSTON\WilkPraecipe.wpd In the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. LARRY W. WILKINSON Ve THE HOUSING AUTHORITYH OF THE COUNTY OF CUMBERLAND: CHRISTOPHER GULOTTA: SUE A. WOLF: CATHERINE MOWERY: and YVONNE HECKLER instance of Rule on No. 0 2 - 3 8 4 1 Civil, 19 9th day of January, 2003 19 atthe JILL M. LASHAY, ESQ., for Defts. Gulotta, Wolf, Mowery and Heckler, and DCHRISTOPHER C. HOUSTON, ESQ. for The to Housing Authority of Cumberland Co. Larry W. Wilkinson (John J. Baranski, Esq.) PRAECIPE FOR RULE TO FILE A COMPLAINT Pursuant to PA RCP 1037(a), plese enter Rule upon the Plaintiff to file a Complaint in connection with the above-captined matter. JILL M. LASHAY, "ESQ. CHRISTOPHER C. HOUSTON, ESQ. RULE AND NOW, this 9th day of January 9, 2003, Rule issued in accordance with above Praecipe for Rule to File a Complaint. CURTIS R. LO~NG,~ Prothonotary set my hand and affixed the seal of said Court at Carlisle, this To: 9th January, 2009 . Larry W. Wilkinson c/o John J. Baranski, Esq. 17 E. Market St. York PA 17401 day of Prothonotary 0 OC :~0 I~] 0 Jill M. Lashay, Esquire PA I.D. #79985 Klett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler LARRY W. WILKINSON, · IN THE COURT OF COMMON PLEAS Vo PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA THE HOUSING AUTHORITY OF THE : COUNTY OF CUMBERLAND; : CHRISTOPHER GULOTTA; SUE A. : WOLF; CATHERINE MOWERY; : AND YVONNE HECKLER, : NO. 02-3841 CIVIL TERM DEFENDANTS · _PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jill M. Lashay, Esquire, ofKlett Rooney Lieber & Schorling, on behalf of individually named Defendants Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler in the above-captioned matter. Dated: January 14, 2003 Respectfully submitted, KLETT LIEBER ROONEY & SCHORLING ill M.~Lashay Pa. I.D. No. 79985 A Professional Corporation 240 N. Third Street, Suite 600 Harrisburg, PA 17101 - 1503 (717)231-7700 Attorneys for Defendants Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler KRLSHAR:21368.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Appearance was served upon the following by first class mail, postage prepaid, this/q~'~ay of January 2003, addressed as follows: John J. Baranski, Esquire 35 East High Street Carlisle, PA 17013 Christopher C. Houston, Esquire Redevelopment and Housing Authorities of Cumberland County 114 North Hanover Street Suite 104 Carlisle, PA 17013 KRLSHAR:21368.1 LARRY W. WILKINSON, Plaintiff Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE C, OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU' MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER C, LAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS PAGINAS SIGUI~NTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACIION POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 LARRY W. WILKINSON, Plaintiff Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM COMPLAINT AND NOW comes the Plaintiff, Larry W. Wilkinson, by and through his attorneys, Blakey, Yost, Bupp and Rausch, LLP, and files this complaint and in support thereof, avers the following: 1. The Plaintiff is Larry W. Wilkinson, an adult individual, residing at Two West Penn, Unit 107, Carlisle, PA 17401 2. The Defendant Housing Authority the County of Cumberland (hereinafter "the Authority"), a municipal authority organized under the laws of the Commonwealth of Pennsylvania with offices at 114 North Hanover Street, Carlisle, Pennsylvania. 3. The Defendant Christopher Gullota (hereinafter "Gullota") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however, at all times relevant hereto, Gullota was the Executive Director of the Housing Authority of Cumberland County. 4. The Defendant Sue A. Wolf (hereinafter "Wolf") is an adult individual and resident of Cumberland County, whose residential address is m~,_nown to Plaintiff, however, at all time relevant hereto was the Senior Housing Property Manager of the Housing Authority of Cumberland County. 5. The Defendant Catherine Mowery (hereinafter "iMowery") is an adult individual and resident of Cumberland County, whose residential address :is unknown to Plaintiff, however at all times relevant hereto was the Manager of Two West Penn, a facility owned and operated by the Housing Authority of Cumberland County. 6. The Defendant Yvonnoe Heckler (hereinafter "Heckler") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however and at all times relevant hereto was the Director of Operations of the Housing Authority of Cumberland County. 7. On or about May 1, 1998, Plaintiff entered into a lease agreement (hereinafter "the Agreement") with the Authority for a one-year term for Unit 107 at a facility known and numbered as Two West Penn, Carlisle, Pennsylvania. A true mad correct copy of the lease agreement is attached hereto, incorporated herein and marked as Exhibit "A". 8. Two West Penn a federally subsidized housing facility for the aged and disabled under the Office of the Department of Housing and Urban Dew:lopment (hereinafter "HUD"). 9. Plaintiff is a permanently disabled individual, and such information was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 10. Plaintiff's disability is Bipolar I Disorder, D.S.M. IV 296.54 (severe with psychotic features, meaning hallucinations and/or delusions). Plaintiff believes and therefore avers that this is the severest form of Bipolar I Disorder. 11. Plaintiffhas suffered from chronic bouts ofhomelessness and as a result places inordinate value on having a home. 12. Plaintiff is on a VA Pension for this total and perrnanent disability and such information was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 13. At all times relevant hereto, Plaintiff had severely limited financial resources and no family support 14. Attached hereto, incorporated herein and marked as Exhibit "B" is a true and correct copy of a letter from Alfonzo F. Padilla, Acting Veterans Service Officer, which is the notification of disability which Defendants received as proof of'Plaintiff's eligibility for housing at Two West Penn. 15. Plaintiff is also an admitted alcoholic, and such reformation was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 16. Due to his disability, Bipolar I Disorder, D.S.M. IV 296.54, Plaintiff is susceptible to even mundane changes in his environment and lacks the ability to cope normally with stressors. 17. Due to his disability, stress causes a break down in Plaintiff's activities of daily living and from time to time, stress incapacitates Plaintiff. 18. West Penn. It was as a result of Plaintiff's disability that he was eligible for housing at Two 19. Plaintiff is in a protected class for purposes of anti-discrimination and fair housing laws. 20. Incorporated into the Agreement (attached hereto as Exhibit "A") are the Tenant Handbook and House Rules of Two West Penn Apartments (hereinafter "the Handbook"). A true and correct copy of the Handbook is attached hereto, incorporated herein and marked as Exhibit 21. In addition to the Agreement and Handbook, Plaintiff executed the following lease addendums with the Authority: a. June 15, 1998, b. October 1, 1999, c. December 15, 1999, d. January 12, 2001 and e. February 1, 2002. These lease addendums are attached hereto, incorporated herein and marked as Exhibits "D- 1" through "D-5" respectively. 22. unit. Plaintiff has occupied unit # 107 since May 1, 1998 and continues to occupy said 23. Unit #107 is a ground floor unit, located at the end of hallway, directly adjacent to an exterior exit door from the building, and directly across the hall from a janitorial storage closet, making such unit unique. 24. According to the Authority, unit # 107 is a mobility-impaired unit designed for individuals in wheel chairs. 25. Plaintiff believes and therefore avers, that the only architectural differences between Plaintiff's unit and other efficiency units in Two West Penn are that Plaintiff's unit had a roll-in shower and has no entrance corridor. Rather than an entrance corridor, Plaintiff's unit opens directly onto the kitchen from the common hallway. 26. Prior to July 1, 2002, the Handbook contained the following language: M. UNIT TRANSFERS/SPECIALLY EQUIPPED UNITS: Due to operational concerns, management is unable to grant tenants requests for transfer to another apartment of facility under its operation. However, if the tenant is able to qualify for and obtain a physician's verification of handicap or disability requiring the design features of a unit specialty equipped to enhance mobility he/she may transfer to such a unit when on (sic) becomes available (See Manager for appropriate request form). If a tenant is verified as such and would like to transfer to a specially designed unit, the tenant should notify management in writing that he/she would like to be place on the waiting list for this unit. In keeping with fair Housing Law and HUD regulations, current tenants requesting a specially equipped unit who possess the appropriate verification, will be given first opportunity at these units ahead of eligible non-resident applicants. (Emphasis in original). 27. Prior to July 1, 2002 the Handbook further provided: If a family or individual without need for a specially eqtfipped unit accepts and moves into one of these units, then they are doing so only on a temporary basis. If no one in the family is eligible for the unit and an eligible tenant or applicant applies for residency, then the existing eligible tenant (or family) will be required to transfer to a conventional (non-equipped) unit as soon as one becomes available, with at least 30 days written notice from the manager. The tenant shall be responsible for any electric or telephone utility hook-up fees (except for cable TV) incurred due to the transfer. 28. Paragraphs 27 and 28 above are hereinafter refen-ed to as "the transfer provision". 29. At the time the Plaintiff rented the unit from the,' Authority in May of 1998, Plaintiff had a conversation with Defendant Mowery regarding the contents of the Agreement and the Handbook as then written, specifically, the transfer provision. 30. During that conversation, Defendant Mowery implied that Plaintiff would not be subject to the transfer provision in the Handbook, stating to Plaintiff "don't worry about it". 31. The Handbook provides for an in-house grievance procedure for tenants aggrieved by decisions of the Authority and Authority offices and/or employees. 32. In May of 2000, Plaintiff met with Defendant Mowery at Two West Penn, at which time she advised Plaintiff that the Authority received a request from another tenant for Plaintiff's unit and that Plaintiff would likely have to move. 33. Plaintiff requested reconsideration of the Authority's apparent decision to transfer him by using the in-house grievance procedure provided in the Handbook. 34. Through that grievance procedure Plaintiffmet with Defendant Heckler. 35. At the time of the meeting with Defendant Heckler, Plaintiff explained that the stress of relocating him would cause him emotional harm. pla:intiffpleaded not to be removed from his home and informed Defendant Heckler that that had a history of chronic homelessness and alcoholism. 36. At the time of the meeting with Defendant Heckler, Plaintiff offered to attempt to secure a physician's letter explaining the relationship between stress and his condition. Plaintiff further explained to Defendant Heckler that due to his limited resources and the VA Hospital in Lebanon and Steven Center's policies not to provide such letters, that the letter would be difficult to obtain. 37. Defendant Heckler stated that such letter would not be necessary. 38. Defendant Heckler, on behalf of the Authority, told Plaintiff that she would consider his request. 39. On May 26, 2000, Plaintiff received written notice from the Authority, authored by Defendant Wolf, that the Authority required him to transfer from Unit 107 where he had resided since May of 1998 to a unit on the second floor. 40. On June 2, 2000, Plaintiff received an additional written notice from the Authority authored by Defendant Heckler that Plaintiff must move. The notice and referred him to HUD for any further review of the Authority's decision. 41. On June 5, 2000, Plaintiff received a memorandum directed to all tenants at Two West Penn, advising the tenants that certain behaviors, namely gossiping about one another, could cause "even more physical or mental problems" than the tenants already have. A true and correct copy of the memorandum is attached hereto, incorporated herein, and marked as Exhibit 42. In or around the week of June 7 through June 14. 2000, Plaintiff had two telephone conversations with Defendant Gulotta wherein Plaintiff informed Defendant Gulotta that the move would be too stressful for Plaintiff and that stress aggravates his condition, causing him harm. 43. On June 15, 2000, Plaintiff received notice from Defendant Gullota, that Plaintiff would be moved, with the assistance of the maintenance staff, as the Authority's decision was final. 44. On July 14, 2000, Plaintiff, through counsel, requested, as a reasonable accommodation, that the Authority not subject Plaintiff to the transfer provision of the Handbook. 45. By letter dated July 18, 2000, the Authority, through its counsel, denied Plaintiff's request for a reasonable accommodation and demanded his transfer on or before July 31, 2000. 46. In that same letter, the Authority threatened to evict Plaintiff if Plaintiff did not vacate his home and move upstairs. 47. On July 28, 2000, Plaintiff filed a complaint with HUD and with the Pennsylvania Human Relations Commission (hereinafter "PHRC") alleging discrimination and a failure to make reasonable accommodations to Plaintiff due to his disability. Attached thereto were physicians' letters explaining the severity of Plaintiff's condition. 48. The Defendants received a copy of the HUD complaint, with the attached physician's letters, and therefore, knew unequivocally the severity of Plaintiff's condition. 49. Attached hereto, incorporated herein and marked as Exhibit "F-1 through F-3" are true and correct copies of the physicians' letters which were attached to the HUD complaint explaining the severity of Plaintiff's condition. 50. On August 1, 2000, the Authority notified Plaintiff that he had ten days in which to vacate his home for failure to transfer to another unit. As part of this notice to vacate, Plaintiff was advised that he could appeal the Authority's decision to evict him by requesting a heating with the Authority. 51. An informal heating was scheduled with the Authority and held on August 22, 2000. The Authority did not render a decision at that hearing, however, it was clear to Plaintiff that the Authority would not grant Plaintiff his requested acconunodation. 52. Following this heating, Plaintiffbegan to suffer severe emotional distress at the prospect of having to vacate his home. 53. In an effort to alleviate some of the stress the Defendants were causing Plaintiff, Plaintiff began self medicating through increased alcohol use. 54. Following the August 22, 2000 hearing, Plaintiff received notice the PHRC had scheduled a Fact Finding Conference on Plaintiff's complaint fbr November 13, 2000, however, that conference was cancelled. 55. Instead of the PHRC Fact Finding Conference, a Conciliation Conference with HUD was scheduled and held on November 14, 2000. 56. No resolution was reached at the Conciliation Conference, however, the HUD representative in attendance advised Plaintiff that Plaintiff would most likely have to move. 57. With no resolution at the Conciliation Conference, the PHRC Fact Finding Conference was rescheduled for December 19, 2000. 58. Prior to the fact-finding conference, on November 30, 2000, the Authority issued its formal decision from the August 22, 2000 grievance heating. 59. In its decision, the Authority denied Plaintiff's request for a reasonable accommodation and held that Plaintiff had violated the provision of the Handbook by not transferring from his home and held that "the proposed disposition is for the Authority to proceed with the eviction." A copy of the Authority's decision is attached hereto, incorporated herein, and marked as Exhibit "G". 60. Upon receiving this notice, Plaintiff's emotional state deteriorated and the level of his depression, which had begun to deepen following the August 22, 2000 grievance heating, worsened, along with the level of his alcohol use. 61. Plaintiff' condition was such that following the decision of the Authority on November 30, 2000, Plaintiff believed he would be evicted. 62. Plaintiff believes and therefore avers that an eviction would have resulted in a loss of the federal subsidy needed for Plaintiff to pay rent on his limited income. 63. Plaintiffbelieved and therefore avers that without a subsidy, Plaintiff would have been unable to located replacement housing of comparable quality, making Plaintiff temporarily homeless again until such time as Plaintiff saved sufficient deposit and moving monies. 64. At all times relevant hereto, the fear of eviction, the fear of the loss of his subsidy, the fear ofhomelessness, the fear of relocation and the fear of not being able to finance the protection of his rights, among other fears, were a tremendous psychological burden on Plaintiff. 65. In the Authority's decision, it advised Plaintiff that he had the right to request a formal heating, which Plaintiff did in a timely manner. 66. A heating was not held. 67. On December 19, 2000, the Plaintiff and the Autlhority, represented by Defendant Gullota and Kathleen Laser, attended a fact-finding conference with the PHRC. Following the Conference, the PHRC commenced an investigation of the Plaintiff's complaint. 68. Throughout the period of the investigation, Plaintiff's request for a reasonable accommodation was still for consideration by the Authority, however, the Authority continued to deny the accommodation request. 69. Throughout the period of the PHRC investigation, the Authority's position was that Plaintiff would be evicted for failing to transfer. 70. As part of the PHRC investigation, Plaintiff subrnitted a letter from A. Michael Johnson, Ph.D. to the PHRC and a copy to the Defendants, explaining the relationship of stress to Plaintiff's condition and the likelihood that stress will result in harm to Plaintiff. Attached hereto, incorporated herein and marked as Exhibit "H". 71. On February 14, 2001, the PHRC issued a finding of No Probable Cause on Plaintiff's complaint. 72. Plaintiff was given the opportunity and did rebut the Findings of Investigation and Conclusions by the PHRC in reaching their findings. 73. On February 26, 2001 the PHRC notified Plaintiff that his rebuttal to their finding was being referred to the Regional Office Housing Supervision, the Housing and Commercial; Property Division Headquarters, and the Commission's Executive Director for review. 74. complaint. On March 9, 2001, Plaintiffwas informed that the PHRC was dismissing his 75. Upon dismissal of Plaintiff's complaint, Plaintiff's condition worsened, believing that his eviction was imminent. 76. On March 19, 2001, Plaintiff requested a formal hearing as provided for under 16 Pa. Admin. Code § 42.62 to contest the dismissal of Plaintiff's complaint in an effort to prevent an eviction, which Plaintiff believed, was imminent. 77. On March 20, 2001, Plaintiff receive notice that HUD was bringing an investigation of Plaintiff's complaint under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 78. On August 16, 2001, Plaintiff, for the first time, received written notice that the Authority was working with HUD "in an effort to allow Mr. Wilkinson to reside in his unit." 79. Although the Authority's August 16, 2001 letter was minutely encouraging, there existed extreme uncertainly as to whether the Authority would continue with Plaintiff's threatened eviction since the PHRC had yet to respond to Plaintiff's request for a formal heating. 80. No further information was provided by the PHRC, HUD or the Authority as to what proposals were in effect to assist Plaintiff in remain in his home until March 15, 2002. 81. On October 23, 2001, Plaintiffreceived Notice from PHRC that his request for a Preliminary Hearing had been denied. 82. On March 15, 2002, Plaintiff received notice from HUD that HUD had entered into a settlement agreement with Defendants in an effort to resolve Plaintiff's complaint. A true and correct copy of the Settlement Agreement is attached hereto, incorporated herein and marked as Exhibit 'T'. 83. Plaintiff is not a signatory party to the Settlement Agreement. 84. From May of 2000 through March 15, 2002, Plaintiff believed that he would be evicted for attempting to protect his interests and remain in his home and Plaintiff suffered emotional distress and other injuries as a result. 85. Prior to March 15, 2002, the Authority never once conceded that Plaintiff's request for an accommodation had merit, nor once offered the accommodation he requested 86. By the terms of the Settlement Agreement with HUD, Plaintiff was permitted to stay in his unit. 87. By the terms of the Settlement Agreement with HUD, the Authority was required to revise the transfer provision to comply with all applicable fair housing laws and to insure that the transfer provision does not have a disparate impact on protected classes, including persons with physical and/or mental disabilities. 88. The Handbook was amended as a result of the settlement agreement with HUD to read as follows: M. UNIT TRANSFERS WITHIN THE BUILDING: It is the general policy of Management that requests from residents asking permission to transfer to an apartment in another area of the building will be denied. Notwithstanding the foregoing, however, Management will always consider a request to transfer as a reasonable accommodation to a person with a disability. See Management with regard to any requests to transfer for the completion of the appropriate form. N. SPECIALLY EQUIPPED UNITS: The building has units designed for persons with mobility, sight and hearing impairments ("Accessible Unit"). The Accessible Units were designed and constructed specifically to meet the needs of persons requiring facilities and modifications offered in these units. Preference for occupancy of the Accessible Units will be given to families with disabled fhmily members who require the modifications or facilities provided in these units. When an Accessible Unit becomes vacant, before offering it to a non-handicapped applicant, the unit shall be offered: (1) First, to a current occupant of another unit of the building or a comparable building under the Landlord's control, having handicaps requiring the accessibility features of the vacant unit and occupying a unit not having such features or if no such occupant exists, then (2) Second, to an eligible qualified applicant on the waiting list having a handicap requiring the accessibility features of a vacant unit. Nothwithstanding (sic) the foregoing, the Landlord shall consider all requests for a reasonable accommodation by applicants or current occupants of another unit in the building and implement reasonable accommodations to assist an applicant or current occupant with handicaps or disabilities, to include reasonable modifications to a dwelling unit and common areas at the expense of the Landlord, if necessary to permit a handicapped or disabled person the full use and enjoyment of a dwelling. (emphasis added). If a non-handicapped applicant accepts or moves into an Accessible Unit, then they are doing so only on a temporary basis. If no one in the family occupying the Accessible Unit has a handicap requiring the accessibility features of the unit, then the occupying tenant (or family) will be required to move to a conventional (non-accessible) unit as soon as one becomes available, upon at least thirty (30) clays advanced written notice from the Landlord. The tenant shall be responsible for the costs of the move and moving procedures, if any. The Landlord shall be responsible for any electrical or telephone utility (not including cable TV) hook-up fees incurred due to the transfer. Notwithstanding the foregoing, if the tenant or member of the family occupying the Accessible Unit has a non-physical impairment disability and requests a reasonable accommodation with respect to the transfer, then the Landlord shall implement reasonable accommodations to assist the tenant when such accommodations would not constitute a (sic) undue financial or administrative burden or a fundamental alteration of the housing program. (emphasis added). 89. It was solely as a result of Plaintiff's persistence and desperate efforts to stay in his home that the settlement agreement between HUD and the Authority was reached and above changes to the Handbook made. 90. The changes to the Handbook, while solely the result of Plaintiff's effort to prevent harm to him, benefit all tenants of Two West Penn. 91. Had it not been for Plaintiff's need, as a result of his mental disability, to remain in his home, the Authority would not have revised the Handbook. 92. Since Plaintiff's move-in, he has been timely with his rental payments and has passed all housing and housekeeping inspections. 93. At all times relevant hereto, Plaintiff was entitled to his requested accommodation because of his disability. 94. At all times relevant hereto, Defendants were aware of Plaintiff's disability. 95. At all times relevant hereto, the accommodation requested by Plaintiff was reasonable as he was asking only not to be subject to the transfer provision. 96. feasible. At all times relevant hereto, the accommodation requested by Plaintiff was 97. On more than one occasion throughout this dispute, Plaintiff advised Defendants that the stress they were causing him by first demanding that he move from his home and then, threatening to evict him, was damaging him. 98. At all times relevant hereto, Defendants were aware the damage unnecessary stress can have on individuals with mental disabilities as evidenced by the Defendants' memo dated June 5, 2000 attached hereto as Exhibit "E". 99. At all times relevant hereto, Defendants were aware the damage unnecessary stress would have on Plaintiff because of statements Plaintiff made to Defendant Heckler and Defendant Gulotta and because Defendants were in receipt of the letter by A. Michael Johnson, Ph. D attached hereto as Exhibit" H" 100. At all times relevant hereto, any of the Defendants could have done the right thing and permitted Plaintiff to remain it his home. 101. At all times relevant hereto, the Defendants knew that moving upstairs was not an option for Plaintiff. COUNT I - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and 'Yvonne Heckler. 102. Plaintiff incorporates by reference Paragraphs 1 through 101 of his complaint as if set forth herein in their entirety. 103. From May of 2000 through March 15, 2002, Defi:ndants wrongfully failed to grant Plaintiff's requested accommodation. 104. At any time during that period, the Authority, Defendant Gullota, Defendant Heckler, Defendant Wolf or Defendant Mowery could have taken the proper position and considered Plaintiff's attachment to his home, his mental disability and the affects vacating his home would have on him and granted his accommodation. 105. As a purported purveyor of services to the mentally disabled, Defendants have or should have a duty to recognize the increased sensitivities of these individuals to stressors. 106. Defendants are also aware of abnormal power and control they have over their tenants because of the tenants' subsidies. 107. Defendants breached their duty to Plaintiff by failing to grant the accommodation he requested. 108. By failing to grant his accommodation request, Defendants caused Plaintiff physical, emotional, psychological and financial harm. 109. The additional stress caused by Defendants increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feeling of hopelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain. 110. Defendants' actions in failing to grant Plaintiff's reasonable accommodation request and then threatening to evict Plaintiff caused the above injuries. 111. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. COUNT II - VIOLATION OF SECTION 504 OF THE REHABILITATION ACT of 1973 (29 U.S.C. 794) and HUD REGULATION 24 CFR Bt Ch 1~ §100.204 Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 112. Plaintiff incorporates herein the averments of Paragraphs 1-111 of his complaint as if set forth herein in their entirety. 113. Section 504 of the Rehabilitation Act and the HUD Regulations 24 CFR B, Ch. 1 §100.204, implementing the Act provide that it is unlawful for persons to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common areas. 114. An accommodation was necessary to afford Plaintiff equal opportunity to enjoy his home. 115. Defendants acted unlawfully when they refused t.o make accommodations in their rules and procedures, namely the transfer provisions of the Handbook. 116. As a result of Defendants' failure to make accommodations as required under Section 504 of the Rehabilitation Act and above cited HUD regulations implementing the Act, Plaintiff suffered harm. 117. By failing to grant his accommodation request, Defendants caused Plaintiff physical, psychological, emotional and financial harm. 118. The additional stress caused by Defendants increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain. 119. Defendants' actions in failing to grant Plaintiff's :reasonable accommodation request and then threatening to evict Plaintiff caused the above injuries. 120. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT III - VIOLATION OF THE AMERICANS WITH DISABILITIES ACT and HUD REGULATION 28 CFR Part 35. Larry W. Wilkinson v. The Housing Authority of Cumberland County 121. Plaintiff incorporates by reference Paragraphs 1 through 120 of his complaint as if set forth herein in their entirety. 122. The Americans With Disabilities Act (hereinafter, the ADA) and the HUD regulation implementing the Act at 28 CFR Part 35 requires that no qualified individual with a disability shall, on the basis of disability, be excluded from participating in or be denied the benefits of the services, programs, activities of a public entity or be subject to discrimination by any public entity. 123. Plaintiff is a "qualified individual" under the ADA. 124 The Authority is a "public entity" under the ADA. 125. The Authority's interpretation of its Handbook and the Authority's application of the Handbook, specifically the transfer provision, to Plaintiff, had a disparate impact on Plaintiff. 126. Through its interpretation of the Handbook, the Authority discriminated against Plaintiff by giving the physically handicapped preferential treatrnent under the transfer provision. 127. Specifically, Plaintiff was forced to choose between moving from his home or being evicted in order to allow a physically handicapped individual to move into Plaintiff's unit. 128. By discriminating against Plaintiff, the Authority caused Plaintiffphysical, psychological, emotional and financial harm. 129. The additional stress caused by the Authority increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain. 130. The Authority's discriminatory actions caused the above injuries to Plaintiff. 131. In addition, Plaintiff incurred out of pocket expenditures as a result of the Authority's actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against the Authority in excess of the arbitration limit for Cumberland County, plus interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT IV - VIOLATION OF FAIR HOUSING OF 1988~ 42 U.S.C. §§3600-3620 et seq. Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 132. Plaintiff incorporates by reference Paragraphs 1 tlhrough 131 of his complaint as if set forth herein in their entirety. 133. The Fair Housing Act, 42 U.S.C. §§ 3604(f)(3)(B), provides that it is unlawful for persons to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use an enjoy a dwelling unit, including public and common areas. 134 his home. An accommodation was necessary to afford Plaintiff equal opportunity to enjoy 135. Defendants acted unlawfully when they refused to make accommodations in their rules and procedures, namely the transfer provisions of the Handbook. 136. As a result of Defendants' failure to make accommodations as required under Fair Housing Act, Plaintiff suffered physical, psychological, emotional and financial harm. 137. The additional stress caused by Defendants increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalm~ce in Plaintiff's brain. 138. Defendants' actions in failing to grant Plaintiff's reasonable accommodation request and then threatening to evict Plaintiff caused the above injuries. 139. In addition, Plaintiff incurred out of pocket expenditures as a result of the Authofity's actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT V - VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 140. Plaintiff incorporates by reference Paragraphs 1 through 139 of his complaint as if set forth herein in their entirety. 141. The Pennsylvania Human Relations Act forbids discrimination in the terms or conditions of selling or leasing housing accommodation(s) or commercial property or in furnishing facilities, services, or privileges connected therewith. (PHRA §5(h)(3)). 142. The Pennsylvania Human Relations Act makes it unlawful to deny or withhold housing accommodations because of individual's handic ap. (PHRA § 5 (h)(1)). 143. The Pennsylvania Human Relations Act also makes it unlawful to refuse to make reasonable accommodations in rules, polices, practices or services (PHRA §5(h)(3.2)). 144. Defendants' actions in forcing Plaintiff to transfer under threat of eviction, pursuant to the Handbook, had disparate impact on Plaintiff. 145. Defendants treated Plaintiff, a mentally handicapped individual, different from a physically handicapped tenant, and the physically handicapped tenant was given preferential treatment under the Authority's interpretation of the transfer provision. 146. Specifically, Plaintiff was forced to choose between moving from his home or being evicted in order to allow the physically handicapped individual to move into Plaintiffs unit. 147. Defendants wrongfully denied Plaintiff's request for a reasonable accommodation in Defendants' polices, practices and procedure. 148. Handbook. Specifically, Plaintiff requested not to be subject to the transfer provision in the 149. As a result of this disparate treatment by the Defendants and Defendants' wrongful denial of Plaintiff's reasonable accommodation request, Plaintiff suffered physical, psychological, emotional and financial harm. 150. The additional stress caused by Defendants' increased the frequency and severity of the symptoms of Plaintiffs preexisting condition. Some of these symptoms are: a) feelings of hopelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain. 151. Defendants' disparate treatment of Plaintiff and their actions in failing to grant Plaintiff's reasonable accommodation request and then threatening to evict Plaintiff caused the above injuries. 152. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. COUNT VI- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 153. Plaintiff incorporates by reference Paragraphs 1 through 152 of his complaint as if set forth herein in their entirety. 154. Plaintiff's condition renders him more vulnerable to stress than other individuals without Bipolar I Disorder. 155. Defendants have more power over Plaintiff then in a normal, arms length landlord/tenant relationship due to Plaintiff's subsidy needs. 156. Defendants knew that by evicting Plaintiff, there was a very real possibility that Plaintiff would end up homeless for a period of time and would loose his subsidy in the future. 157. Defendants have or should have a duty to educate themselves to the special needs of their tenant population and to the needs of Plaintiff particularly. 158. Defendants intentionally denied Plaintiff's request for an accommodation. 159. Defendants intentionally threatened to evict Plaintiff for refusing to transfer from his home. 160. Defendants knew Plaintiff was susceptible to stress and that stress would harm Plaintiff. 161. Defendants conduct, in the face of this knowledge, was extreme and outrageous. 162. As a result of Defendants outrageous conduct, Plaintiff suffered physical, psychological, emotional and financial harm. 163. The outrageous conduct of Defendants increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these s3anptoms are: a) feelings ofhomelessness, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain. 164. Defendants' conduct caused the above injuries. 165. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of damages in his favor and against Defendants in excess of the arbitration limit for Cumberland Cotmty, plus punitive damages, interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. Respectfully submitted, BLAKEY, YOST BUPP &RA~ Jol~f~. ~ki, Jr., Esquire Supreme Court Id. # 82585 17 East Market Street York, PA 17401 (717) 845-3674 Attorney for Plaintiff VERIFICATION I verify that the foregoing facts of the above complaint are tree, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: RF~IDENTIAL DWELLING LEASE ELDERLY PUBLIC HOUSING PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE R~AD IN DETAIL PRIOR TO SIGNING. THIS LF.,A~E AGREEMENT ~ PROVIDES FOR CERTAIN WAIVERS WHICH ARE SPECIFIED HEREIN IN MORE DETAIL. IN SIGNING THIS LEASE AGREEMENT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND ANY AND ALL PROVISIONS and between THE HOUSING ALrI'HORITY OF THE COiF OJM~ERLAND (h~ehm_~r ~efem~d to as "MANAGEMENT~ ma~ k~.5'~~. ~ (horduafl~ refened to as "TEN~: M~ent rel~Sn~ the represent~tious made to it by Tenant as to Tenant's household compodfion and the eml~loyment and income level~ of Tensnt mid all members of Tenor's household; .and in condderation of the ren~]= herein re~erved; WITNESSETH: That Management does hereby lease to Tenant and Tenant does hereby hire from Management, upon Tenms and Conditions set forth herein, for the sole use and occupancy of Termnt and members of Tenant's household named herein, the premises known and described a foIlows (here~ refe~ed to as "PREMISES") D.U. No.:~-'~b'{SC)OS No. of Bedrooms:/..5 ~' MEMBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: TERMS AND CONDITIONS 1. Term of Lease: Renewal Provisions. ~ Lease, and Tenant's right of occupancy hereunder, ~ commence as of and shall continue for one year, provided, however, tha~,i the absence ora notice to terminate pursuant to Section 1 1 herein, this Lease will automatically be renewed for the successive term of one (I) calendar month upon payment each month by the Tenant of the rental in the amount and manner specified in Section 2 herein or in such amomxt and manner specified in Section 2 her6n or in such amount and manner as may be required by an adjustment that may henceforth be made by endorsement at the end of this Lease in accordance with the provisions of'Section 3 herein. 2. Payments Due Under the Lease: ^. ~t L)- b O- q ~ shnn be $ ) ~ ~ .O 0 , ~ble not ~ i ~. }.~ ~ l~e~, monty r~t a ~t ~o=t of $ ) 9 9- O 0 s~ be due on or before ~e ~ ~y of each m~ ~e pa~t of~e ~ mo~t of~e money r~t ~d o~ c~es wh~ due ~ d~ W ~ a ma~ t~ of~ ~e for w~ch r~a~ ~h~o~ s~ ~ corded good c~se f~ M~m~t W ~te ~ rede to rmew ~ Le~e. A s~ce c~e of $25.00 wo~d be c~ed f~ ~ r~t not ~d by ~e ~ w~ ~y of~e mon~. ~ty election by M~~t to t~te ~ rede to r~ew ~ Le~e for s~o~ or r~eated ~e oft~t to m~e ~ ~d ~ely pa~, s~ be ~ ad~fion to ~y hte c~es ~posed ~d~ ~e t~s of~ Le~e. B. Utilities: Management agrees to fitm/sh water, sewer, heat, electric and rubbish removal for Project No. PA26-PO75-009. No charge sbnll be imposed for providing this utility. Management agrees to furnish water, sewer, heat and rubbish removal for Project No. PA26-PO75-005. No charge shnl! be imposed for providing this utility with the exception that Tenant will be respondble for the expense of'the electric service. Management will not be responsible for failure to fumi~ this utility by reason of any cause beyond its control. All utility services not expressly listed herein as to be furnished by Management shall be furnished, by and at the expense of the tenant. C. Management sh911 furnish Range and Reft-igc'ration appliances and shall provide routine Maintenance Services, therefore. D. A schedule of'Charges to Tenants for maintenance and repair beyond normal wear and tear shall be posted in the Management office. Charges shnl! be due and payable the first day of the second month following the month in which the cb. mg~e b incurred. E. Security Deposit: Tenant agrees to pay to Management a Security Deposit not to exceed one month's rent or $50.00 whichever is more. The security deposit i~ to be used by Management at the Termination of the lease toward reimbursement of the cost of repairing any intentional or neg~i~o~ont dames to the dw~l~g unit caused by Tenant, his Family, guest, or dependents, sad any rent or other charges owed by Tenant. Payment ofthe security deposit is to be made upon occupancy. Management agrees to deposit such security deposit in an interest-bearing account, crediting such interest as may accrue to Tenant's security deposit. Management agrees to return the security deposit, with such accrued interest as may have been earned, to Tenant when he vacates, les~ any deductions for any of the cost indicated above. If such deductions are made, Management will give Tenant a written statement of any such costs for damages and/or other charges to be deducted from the security deposit. The security deposit may not be used to pay rent or other charges while Tenant occupies the dwelling F. Management shall comply with State Law requirements concerning use of security deposit funds, their placement in interest-bearing escrow bunk accounts, accountability to Tenant for interest earned thereon, and all other obligatior~. 3. Determination of Rent, Dwelling, Siz~ and Eligibility: A. Tenant agrees to report any and al1 chsages in family composition or income to Management in writing within ten (I0) calendar days of such change and to furnish accurate information to Management sanually at a time to be set by Management as to Family income, employment and family composition. This information sbnl! be for the use of Management in determirfing whether the rental shall be changed, whether the dwelling size is still appropriate for Tenant's needs and Whether Tenant is still eligible to occupy Iow-rent housing. Tenant hereby authorizes Ma.nagement to verify all sources of income. Any predetermination made as a result of information thus furn~hed shall be made in accordance with the approved Occupancy and Admission Policy, copies of which are avnilable in the Management Office. B. Rentals fixed in Section 2 hereof or as adjusted pursuant to this Section will remain in effect for the period between rent predetermination unless it shall be shown that the Tenant has misrepresented or failed to report to Msaagement the facts upon which his rent is based, in which event Management reserves the right to redetermine the rent retroactively as of the date of such misrepresentation or failure to report facts, sad to hold Tenant liable for any additional rent thus detemfined to be due. C. In the event Tenant's rent is redetennined purm~nt to this Section, Management shall mail or deliver a "Notice of Rent Adjustment" to Tenant in accordance with paragraph I0 hereof. In case o~'a rent decrease, the adjustment sl~,ll be effective the first day of the month following the change in circumstances, provided that the Tenant has timely reported such change. In the case ora rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be retroactive where there is a finding of misrepresentation in accordance with subsection B herein. D. If the Tenant i~/netig~ole for continued occupancy becau~ of a ch,xnge /n/ncorae or fam~ ~/ze, the Tenant ahall not be evicted unle~ the Houdng,a-,,~ty 1) has identified for pom'ble rental of the fanm~, a un/t of decent, ~afe, and nmitary hou~/n~ at a m~table size av~'lnble at a rent not exceeding 30% of n/tjnsted income or 2) is requ/red to do so by local hw. 4. Occupancy. Tenant ahatl have the exclusive right to u~e and occupancy of the leased premises. Ouest~ or visito~ of tenant may be accomrn~ for a period of no more thnn three (3) day~/n any one month: not to ~ucceed fourteen (14) day~/n a one year period. In the event tenant w/shes to accommodate E~ts or visitors for a period/n excess of the 1/m/~fi~ above, or to care for fo~ter ch/ldren, or to prov/de ]/ve-/n c-a/~ of a member of the tenant's fam/ly, tenant must notify Management/n w~tir~ stat/n~ the reasons for ~uch extended accommodations and obta/n Mana~ement's hi, oval of tach ananEemente. Mana~ement's dec/don .~hA~ be final. 5. Obligation~ of Mauagement. Management ahsll have the forlow/ng obELr~on~ under ~ Le~e Agreeraen~: A. To mainta/n the lm~nises and the project in decent, ~tfe and eanitary cond/tions; B. To comply with requirement of applicable building codes, housing codes, and HUD re~flafions materially affectin~ health and mtfety', C. To make necessary repa/r~ to the premiee~, Do To keep project building, factqities and common areas not otherwise a~igned to the Tenant for maintenance and upkeep, in a clean and safe condition; B. To maintain in good and safe wcating order and condition electrical, plumbin~ sanitary, heatins, v~niilafi~ and other facilities and al~ l~ce~, mpplled or requi~i to be mpp]ied by Management, F. To accept rental money without regard '~o any other charl~ owed by Tenant to Managmnent and to seek sepmat~ legal r~nedy by the coIlection of any other charg~ which may accrue to M~ent from Tenant. 6. Oblit/afion of Tenant. Tenant shall have the following obli~tlons under this Lease Asream A. Not to a~ign the lease or mb-leto the iprernises. B. Not to provide accommodations for boarders or lodgers. Boarders or lodgers shah be defined to be any persons who stay ovemi~t in excess of three (3) days in any one month or fourteen (14) days in any one year period. C. To use the lrremises solely as a private dweI1/ng for Tenant and Tenant's household as identified in the Lease, and not to use or permit ~ use for any other purpose. D. To abide by necessary and xeasonable regulations prom~l~ted by the the Marm~ement for the benefit and well-being of the Housing project and the Tenants, which Handbook sb~ll be posted in the Management Office and which are incoxporated by reference in this Lease; viohtion of the provisions and regulations of the Handbook con~imtes a violation of this Lease. E. To comply with all obli?~ons imposed upon Tenant~ by applicable provisions of build/hi and housing codes mate~l, sffectiug health and safety. F. To keep the p~em/ses and such other aress as rosy be assi~ed to Tenant for Tenant's exclusive use, in a clean and safe cond/t/om except at handical~d units. Tenant is also requ/red to keep stove and refrigerator clean and free from grease. The lessee is required to make mTan~ements to have the elech'ic companies directly notify the Cumberland County Houdng Authority in the event these utili//es are shut-offbecaus~ of the failure to puy monthly bills, tenant will be evicted immediately. H. To dispose of all ashes, garbage, rubbish, and other waste ~om the premises in a sani~ and ~ mariner. On-site dumpsters are for daily trash only. All large furaiture, appl~uces, etc., mu~t be hauled away at terumt's expense. I. To use only in a reasonable murmur all electfic~ plumbing, sanitary, heating, ventilating, m~d other fac~ties and sppu~enances. To r~frain ~om, and to cause Tenant's household and guesses to ~frain from destroyin~ de~acing, damaging, ~r rmnov~xng any part o£the K. To pay r~sormble charges (other than for w~ar and t~ar) for the r mir ofdmns es to &e ~~ ~e~ ~ by T~ T~t's ho~hold ~ ~ h a~~ce ~ a sch~e of c~ ~ ~ ~ ~e M~~t O~ce. To conduct himself or herself, md cause other persons who sr~ on the the ~es with Ten~vrtt's consent to conduct themselves in s manner which wffl not disturb Tenant's neighbors' peace~ e~joyment off-ir accommodation~ and will be conducive to main~ the project in a dece~t, safe and sanitary condition. Mo (1) Tenant, any members of the Tenant's household, or a guest or other person under the Te~mnt's control shall not engage in criminal activity on or near project lrsernises and shallnot en~e in drug-related ~ activity on or offthe lrroject lrr~. "Drug-rdated criminal activity" means the i]leg~ 1 mau~, sale, di~cribut~on, use or possession wi~ intent to manufacture, sale, distribute, or use, a controned substance, as defined in the Controlled Substance, Drug, Device md Cosmetic Act, 35 P.S. 780-101 et seq. Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control, sB~ll not en~ge in say act i~tended to Pac~itate criminal activity on or nea~ project premises and in a drug related calm/hal activity on or off project premises. Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shs~ not engage/n acts of violence or threats of violence,/ncludin~ but not I/mired to, the unlawful di~cha~e of ~.=anns, on or nest project irrmnise,. Tenant, auy m~mber of the Tenant's household, or a guest or other person trader the Tenant's control, gl~ not abuse alcohol the effect of which would interfere with the health, safety, or ~t to peaceful enjoyment of'the project premises by other residents. (5) A single viohfion of any of the provisions, of the arid, shall be deemed a serious violation and a mategal non-compli~ee with the lease and ~ cause for termination of tenancy. Unless otherwise provided by law, proof of violation shall not requ~ agreed and .~un__d~t~_ _o~. that management has adopted a "One e Your Out or "Zero Tolerance" po]icy with respect tn of. lease terms p~-gar~ crim/ns~! activity and abuse of I ~//I ~ alcohol that impacts upon the health, safety, or gght to peaceful N. To p~'nit Ma.naS~nent, pm'~ant to the provi~ian~ o£.g~etion ~, ~ntrance to the pr~mi~e, for the parpo.~ ofperf'orming 1~io~¢ impecedom, tontine main~ce, for maki~ improvements or r,pair , or to ,ho the for (^) oftl .qgr ement). To promptly notify Management of known need for any repairs to the leased prern~es, parficnl~rly of conditions hazardous to life. health or safety of the occupantr, and to notify Management of known unsai'e conditions in the common areas and grounds ofthe project which may lead to damage or injury. P. To give M~ent notice in whting when the prmriises ar~ to be vacant for two weeks or more; such notice shah not render Management respom~ble for any personal property of any nature or description left in or on the leased premises dtuin~ Tenant's absense. To follow all rules and rel~tl~ons prescribed by the Manal~ement, incorporated herein by this reference thereto, concerning the use and care of the premises and of any common or community space in the development. Ro Not to make any repairs or al~.,,~tions without the written concent of the Management; not to display any signs whatsoever, not to use tacks, ,~il.~. or screws or other fasteners in any l:mrt inside or outside the premises, or to atTmx, attach, or in any manner erect, construct or in~11 poles, pipes, rods, or wires to mty part inside or outside of the premises, incindi~ but not limited to the use of tacks, ~m'i. or other fasteners or cement for the layir~ o~ caxpet~ ru~s or linoleum on the floor of Tenant's dwel~ 1mit, except in the rammer pre~ by the M~ent. S. To pay all necessarty legal fees expended by M~ent for enforcement of the provisions of this lesse agr~,ment. 7. Defects Hs~rdous to Life, Health or Safety. In the event that the premises are damaged to the extent that ~c~ti~ are created which are h~m-dous to life, health or safety of the occupauts: A. Tenant ~=TI iramedistely notify Marmgement of the damage; B. Management shall be responsa'ole for repair ofttxe unit within a reasonable lime; provided, that ii'the damage was caused by Tenant, Tenant's household or guests, the reasonable cost of the repairs shall be char~ed to Tenant, M~ent shall offer standard alternstive accommodations if available, in circumstarices where necessary repairs cannot be made within a reasonable time, except if repairs are required if the damsl~ was caused by Tenant, Tenant's household or guests. 8. Pre-Occupancy and Pre-Termination Inspections Ao Man~ement and Tenant or Tenant's representativ~ shall inspect the premises prior to commencement of occupancy by Tenant. ~ ment shall furnish Tenant with a whtten statement of the condition of the premises, the dwelhng unit and the equipment provided with the rmlt` The statement shall be signed by Management in the Tenant's folder. At the time Tenant vacated, Management sb~ll inspect the unit and sb911 furnish Tenant with a statement of any chzr~es to be made in accordance with sub-section 6 (I~). Management shsll notify Tenant of the haspection, and Tenant and/or Tenant's retrresentative may join in such inspection unless Tenant's representative may join in such ir~pection unless Tenant vacates the p~,,~,iises without prior notice of Management` I0 notice. Notwithstanding the foregoing, the T~n,mt ahall have no right to reque~ the hearing in case~ involving a te~xinafion of tenancy for an activity, including but not thnited to ~ activity, that threatens the health, mfety, or right to a peaceful enjoyment of the project pren~es by other tenn,,ts ar employees of management; or any drug related c~n~! activity on or off tach prem~,e~ by Tenunt, any member~ of the Tenant's household, or gue~ or other penwn~ under the Tenant's control C. Prior to proceedi~ with an action in ejectment, or utxm failure of tenant to reque~ a hem~ng with the Execute Director as ~et forth in Pems~h (B), then M~em ~al sir, ~ noti~ of term~6on of the Lease of: F'n~teen (lb') calendar day~ notice for any breach of any provision of the Lease Agreement. D. If a Tenant is late in paying the rent four (4) i~ne~ in a one year period, the Housing Authority may not renew a lease with Tenant. 12. Crrievance l:"rocedure An d~pu~s concerning the obligations of the Tenant or ms~gement under ~ lease, except the proceedings pursuant to an action in ~ectment, shall be proce~ed and resolved purnmnt to the grievance procedure of management in effect at the time ~uch grievances or appeal arises, which procedures axe to be posted in the m~%~ement office and/or incorporated herein by reference. 13. Waiver By failure to exercise any availnble right or remedy as is provided herein, neither Management nor tenant shall waive the right to do so at a later date for ahnilsx or 14. Modifications Any modification of this lea~e aha~ be accomplished by a written rider to the lease executed by Management and Tenant, except for rent redeterminafions, which are to be accornplished by the procedures in Section 3 herein and schedules of special char~es for services, repa~ and utilities and rules and regulation which are incorporated in the lease by reference, which are to be publicly posted in a conspicuous manner in the Project Office and shall be furnished to Tenant on request. In wach schedules, rules and 12 HOUSING AUTHORITY OF THE COUNTY OF CUMBERL~ID MANAGEMENT REGULATIONS In accordance with Paragraph 6 of the Dwelling Lease, the following M~gement res~l~lions sb~ll applT.. 1. Management sh~ll retain the respondbi~ for care and npkeep of lawns, snow removal and those maintenance items in aress that sre considered Imbli¢ or 2. Nothing whatsoever shall be thrown from the windows or swept or thrown out of the doors of any dwellinl~. 3. Tenants shall not make any alterations or repairs to the premises or to the equipment therein, and shall not install any additional locks or f~mres without having obtained the prior consent orient in writin~ In.addition, ail electrical ~ sb,ll be done or supervised by Mana~em~ 4. Tenants shall not permit their children or visitir~ children to play on areas not provided for such purposes. 5. Sidew~ll~_% stairways, shall not be obstracted, nor used for any purpose other than to exit from or enter dwellin~s. 6. Tenants shall report immedi-tely to the M~rn~,o.,oement Office and to the appropriate health authorities any case ofinfe~ or ¢o~t~otts diseases oc ninS in the 7. Tenants s1~11 not carry on any business or display silp~s of any type in or about the premises. 8. Tenants sb,11 not keep or use flammable materials in the premises or stor~e rooms. 9. Tenants sb,ll not burn trash or start fires of any type on the premises. 10. Management in all cases shall ret~irt the right to control and prevent access into the buildir~ and ~ounds of all persons whom it considers mulesizable. 13 11. 12. 13. 15. If at the t~fion of fl~e Lease for any re.on, 'Fen~nt~ vacate the promises leaving behind and abandoning any ~ property inclmti~ furniture, clothi~ or any other personal effects, Mazagement will dispose of such property. The cost of such disposition shall be cha~ed to the Tenant. This act/on sh,ll apply only in those cases where prompt disposition of abandoned propexty is required in order to rent a vacated unit and is not to be ~mqi?~.d az a diztmint for rent or other charges. Management shall not be respo~ble for articles left with any of~ employee~. Any automob~e or other vehicle owned by or used by a tenant or member of his family shall be parked only in padch~ areas designated by Management Abandoned ca~ or other motor vehiclea ahall be towed at the owner's ex-penaa following proper 1%71 notification, All tenant's car~ must have a pafldng sticker displayed on rear bumper, must have valid inspection and registration, and must be operable, otherwise vehicle will be subject to towin~ at the owner's expense following proper legal notification. Vehicles are to be pulled into parking spaces, not to be backed into spaces. Tenant shall pay all necessaly legal fees expended by Management for enforce- ment of the providor~ ofthis Lease Agreement. The TENANT is permitted to keep common household pets in his/her dwelling unit (subject to the provisions in 24 CFR Part 942 and the pet rules promulgated under 24 CFR Part 942). Any pet rules prom-~o~,ted by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or te~dnation of the TENANT's (pet owner's) tenancy (or both), in accordance with the provisions of 24 CFR Part 243 and applicable rel/,atlations and State or local hw. These re~l-tious include 24 CFR Part 966 (Lease and Orievance Procedures) and provisions govemin~ the termination of tenancy under the Section 8 housin~ s~sistance payments and project assistance payments programs. Note: Part 942 does not apply to animals that are used to assist the handicapped who reside in the project or who visit the project. (Optional): The LANDLORD may after reasonable notice to the TENANT and du~ reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the LANDLORD ha received a signed, written compl,,int alleging or the LANDLORD has reasonable grotmds to believe that the conduct or concht/on of'a pet in the dwell/n~ un/t constitutes, under applicable State or local hw, a nuisance or a threat to the health or safety of the occupants oft. he project or other persons in the community where the project is located. 14 If there ~s no St~t~ or lo~1 authority or ~~d ~t of ~ch ~ a~ ~do~, ~ ~pt~ or,eyre ~, or d~~t~ o~ ~o~ ~t ~t~ ~ ~~te ~t ~ ~e h~ ~ ~e~ of~8 ~~ ~ a ~ole, ~e ~LO~ may ~ ~e ~~ ~n~e~ ~ ~e pe~ ~d ~e ~ch a~ ~ re~e~ ~ ~e ~t ~ may be ~le ~ S~te ~d lo~ ~w, w~ch may ~clude p~ it ~ a ~ ~ ~ ~o~ c~ ~d ~el~ ~ a p~od not to ~ceed 30 ~. ~e ~DLO~ ~ ~t~ ~e ~~ ~d ~ove ~e ~t ~ ~e ~ o~ p~~le ~ ~ ~e ~LO~ requ~ ~e ~N~ ~et o~) ~ r~ove ~e ~ ~ ~e ~t ~~ly, ~d ~e ~N~ ~et o~) m~s to ~ ~, of~e ~LO~ ~ ~ble ~ c~t ~e ~~ ~et o~) ~ m~e a ~o~ ~ ~ co~ of~e ~ ~e ~ ~ ~ ~d ~ ~e ~ 16. No waterbeds will be permitted on second and third floors. 17. Inspections are free ofcharge. Ifstaff'Ims to come back and check the unit a second time for failure the tenant will be accessed a $10.00 charge. The third time will also result in another $10.00 charge. If~fter the third time no attempt has been made at improvement, this is grounds for. eviction. We have house- keeping classes av-afl;~ble to ail tenants. 18. (A) Tenant, any members of the Tenant's household, or a guest or other person unc~ the Tenant's control shall not ev~ge in criminal activity on or near project premises and sh;~l! not engage in drug-related criminal activity on or off the project premises. "Drug-related criminal activity" means the illegal manu~ sale, distribution, use, or possession with intent to manufacture, sale, distribute, use, a controlled substauce, as defined in the Controlled Substance, Dn~ Devic and Cosmetic Act, 35 P.S. 780-101 et seq. Tenant, any member of the Tenant's household, or a guest or other person unde~ the Tenant's control, shall not engage in any act intended to facilitate crinfinal activity on or near project premises and in a drug related criminal activity on or off'project premises. Tenant, any member of the Tenant's household, or a guest or other person unde~ the Tenant's control shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms, on or near project premises. Tenant, any member o~'the Tenant's household, or a guest or other person under the Tenant's control, shall not abuse alcohol the effect o/'which would interfere with the health, safety, or right to peaceful enjoyment of'the project premises by other residents. 15 A dn~le viohfion of any of the provisions, of the aforesdd, shall be deemed a sex/oas vioht/on and a mategal non-comp~oe with the l~ase and good cause for ~on of tenant. Unless other~i~ provided by law, proof ofviohtion .h.ll not require crlmi~l conviction but ahall be by. preponderance of the (F) It is agreed and understood that mmmgement has adopted a "One Shike Your Ouff or "Zero Tolerance" policy with n~ect to violations of lease tenns ~reim~l~E c~minal activity and abuse of alcohol that impacts upon the health, safety, or ~ht to peaceful enjoyment of the project prunises by other ru/dants. 16 LEASE ADDENDUM FOR DRUG-FREE HOUSING In cons/deration of the execution or renewal of a lease of the dweI~ un/t /dent/fled in the lease, Owner and Termnt agree ss foIlows: 1. Temmt, any members of the tenant's household, or a guest or other person under the tenant's control shall not e~?g~ in cziminal activity, includir~ drug-related crhninal ac~vity, or near project premise~. "Drug-related calm/hal activity~ means the ffl ~e?~ mmmfa~, sale, distn'bu~on, use, or possess/on w/th intent to manufacture, sen, distribute, or use, of' a controlled substance (ss defined in Section 102 of'the Con~on~ Substance Act 21 U.S.C. 802). 2. Tenant, any member of the temmt's household, or a guest or other person under the tenant's control sb.ll not eng~e in any act intended to facilitmte c-tirol..1 activity, including dr~-related criminal activity, on or near project premises. 3. Tenant or members of the household will not p~-,u,,it the dw--ll~n~ unit to be used fo% or to facilitate, criminal activity, inchdin~ dru~-related criminal activity, rel~'dless of whether the individual en?~ng in such activity is a member of the household or a guest 4. Tenant or members of the household will not engs~e in the manufacture, ssle, or distribution ofi]le~l dru~ at any location, whether on or near project preml,es or otherwise. 5. Tenant, any member of the tenant's household, or a guest or other person under the tenant's control shall not enga4~ in acts of violence or threats ofviolen_ce, includin& but not limited to, the unlawful discharge of fire. arms, on or near project 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAl. VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF 'r~:NANCY. A sinile violation of any ofthe provisions ofthis added addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a sin~e violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but sh~l] be by a preponderance of the evidence. 7. In case of conflict between the provisions ofthis addendum and any other provisions of the lease, the provisions of'the addendum shatl govern. 17 this d~y betwe~m Owner ~d Tensnt. This Lease Addendum is/ncor~/nto h~e Lease executed or renewed September 1, 1991 C PET POLICY INTRODUCTION PHAs have discretion to decide whether or not to develop policies pertairdng to the keep/n5 of pets in public housing un/ts. Th/s Chapter explshs the PHA's policies on the keeping of pets and legitimate interest of this PHA to provide a decent, safe and mmitmy ~ environment for all t~*-u, to protecth8 and preservin8 the physical cond/tkm ogthe property, ami the fms~/al interest of the PHA, Applicable to Family Public Housing units only:. The PHA chooses not to publish rules governing the keeping of common household pets. Residents will comply with the dwelling lease, which requires that no animah or pets of any kind are permitted on the premise~ without prior written approvai of the PI-IA. This does not apply to animals that are used to assist persons with disabilities. Nothing in this policy or the dwelling lease limits or impair the right of persons with disabilities to own animals that are used to assist them. All pets must be approved in advance by the PI-IA management. The pet owner must submit and enter into a Pet Agreement with the PHA. Registration of Pets Pets must be registered with the PHA before they are brouiht onto the premises. Rei/strafion includes: Certificate s/gned by a 1/ceased veterinarian or State/local authority that the pet has received all inoculations requ/red by State or local law, and that the pet has no communicable disease(s) and is pest-free. Dogs and cats must be spayed or neutered. Current license for the pet in compliance with local ordinances and requirements. 3/1/96 ACO Execution of a Pet Agreement with the PI-IA stating that the tenant acknowledges complete responsibility for the care and cleaning of the pot. Registration must be renewed and will be coordinated with the anntul recertlflcation date. Approval for the keeping of a pet shall not be extended pending the completion of these requirements, Refnsal To Register Pets The PI-IA may not retinae to regist~ a pet based on the de~m~finnti~m that the pet owner ~s firum~ unable to cn~ for the pet. I~the PHA r~fi~es to rc, gist~ a pet, a wz~mt notification win be sent to the pet owner stntin~ the z~sson for den~ sad shall be served in sccordnnce with HUD Notice requirements. The PHA w~l r~fuse to r~gister a pet ~. a. The pet is not a co~on houreholdl~t ss defined in th~s potlcy-, b. KeepJ~ the pet would violate arty House Pet Rules; The pet owner EaRs to provide complete pet regis~ h~onnstion, or fi~s to up~te the regi~ation annually, The PI-IA reasonably determines that the pet owner is ramble to keep the pet ~n compl;~rrtce with the pet rt~es nnd other lense ob~ions. The pet's t~n~ent and behavior may be considered as a factor in det~ fl~e pet owner's ~ to comply with provisions of the lease. The notice ofrefusal may be combined with a notice of a pet violation. A resident who cares for another resident's pet must notify the PHA and agree to abide by ail of the pet rules in wdtin~ ]3. STANDARDS FOR PETS Pet rules wfllnot be applied to animals who assist persons wifh disabilities. Persons With Disabilities To be excluded from the pet policy, the resident/pet owner must cer~.' That there is a person with di~bilities in the household; That the animal has been trained to assist with the specified dhabiHty; and That the animal actually assists tho p~rson with tho disability. 3/1/.96 ACO Types of Pets Allowed No types of pets other than the following may be kept by a resident. Maximum number: one (1) per apartment Maximum adult weight: 2:5 pounds Must be housebroken Must be spayed or neutered Must have aH required Inoculations Mast be Hcensed as specified now or In the future by State law and local ordinance 2. Cats Maximum number: one (1) per apartment Maximum adult weight: 25 pounds Must be declawed Must be spayed or neutered Must have all required inoculations Must be trained to use a litter box or other waste receptacle Must be licensed as specified now or in the future by State law or local ordinance 3. Bird~ Maximum number: two (2) per apartment Wings must be clipped. Must be enclosed in a cage at nil times 4. Firth Maximum aqumium size: 20 ~ons 5. Rodents (Rabbit, gu~tea pig, hamster, or 8m'b~ ONLY) Maximum number: two (2) per apartment Must be enclosed in an acceptable cage at aH times Must have any or all inoculations as specified now or in the future by State law or local ordinance 6. Turtles Maximum number: two (2) per apartment Must be enclosed In an acceptable cage or container at all times. Any animals not listed in paragraph one (1) must be approved by the management. A seeing eye dog is waived from the weight limit. A resident may be evicted however, for failure to control hlq dog in accordance with the house rules and Fegulations, the second exception to the weight limit is a new resident who bas bad a family pet for many years and does not want to give the pet up. This type of pet may exceed the weight limit. Any otheF exceptions or unusual requests must be consideFed by the manager. C. PETS TEMPORAI~ILy ON THE Pets which are not owned by a tenant will not be allowed. Residents are prohibited from feeding or harboring stray animals. This rule excludes visiting pet programs sponsored by a humane society or other non-profit organinflon. State or local laws governing pets temporarily in dwelling accommodations shah prevail D. DESIGNATION OF PET/NO-PET The following areas are designated no=pet areas: Community Room or Kitchen adjoining the Commnnlty Room E. ADDITIONAL FEES AND DEPOSITS FOR PETS The resident/pet owner shall be required to pay a refundable deposit for the purpose of defraying all reasonable costs directly attributable to the presence of a dog or cat. An Initial payment of S~S0.00 on or prior to the date the pet Is properly registered and brought into the apartment, and; The PHA reserves the right to change or increase the required deposit by amendment to these rules. Alterations to Unit Residents/pet owners shall not alter their unit, patio, premises or common areas to create an enclosure for any animal. PET WASTE REMOVAL CHARGE A separate pet waste removal charge per occurrence will be assessed against the resident for violations of the pet policy. Pet deport and pet waste removal char8~ are not part of rent payable by the resident. .All reasonable expenses Incurred by the PI-IA as the result of clamages directly attributable to the presence of the pet will be the responsibility of the resident, including: The cost of repairs and replacements to the dwelling unit; Fumigation of the dwelling unit. If the tenant is in occupancy when such costs occur, the tenant shah be billed for such costs as a current charge. If such expenses occur as the result of a move-out Inspection, they will be deducted from the pet deposit. The resident will be billed for any amount which exceeds the pet deposit. The pet deposit will be refunded when the resident moves out or no longer has a pet on the premises, whichever occurs first. The expense offlea deinfestation shaH be the responsibility of the resident. G. PET AREA RESTRICTIONS Pets must be maintained within the resident's unit. When outside of the unit (within the building or on the grounds) dogs and cats must be kept on a leash or carried and under the control of the resident or other responsible individual at all times. Pets are not permitted in common areas including community rooms and laundry areas except for those common areas which are entrances to and exits from the building. An area of the development grounds has been designated as the area in which to exercise animah and to permit dogs to relieve themselves of bodily wastes. The pet owner agrees to use a 'pooper scooper' to clean up behind his/her pet while walking hi__~rner pet on the common grounds, and to clean up behind his/her pet if it tracks mud or dirt through the lobby, elevators or hallways. Residents/Pet Owners are not permitted to exercise pets or permit pets to deposit waste on project premises outside of the areas designated for such purposes. Pet owners must aiP'ee to control the noise of pets so that such noise does not constitute a nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or . premises. This includes, but is not limited to loud or continuous barking, howling, whinin5 biting, scratchin5 chirpin~ or other such activities. I. CLEANLINESS REQUIREMENTS Litter Box Requirements. AH animal waste or the litter from Htter boxes shall be picked up immediately by the pet owner, disposed of in sealed plastic trash bags, and placed in a trash bin. Litter frm Htter boxes is not to be disposed of down the toilet. Charges for uncloEging the toilet or cleaning up the common areas because of a residents pet will be billed to the resident. Litter boxes shaH be stored inside the resident's dwelling unit. Removal of Waste From Other Locations. The Resident/Pet Owner shall be responsible for the removal ofwaste from the exercise area by placing it in a sealed plastic bag and disposing of it in an outside trash bin. The resident/pet owner shaH take adequate precautions to eliminate any pet odors within or around the unit and to maintain the unit in a sanitary condition at all times. PET CARE No pet (excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet, including current distempers and rabies shots as required or necessary. Pets that appear to be poorly cared for will be reported to the SPCA or other appropriate authority for removal at the residents expense. Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. No pets shall be washed in basins in the Laundry room. K. RESPONSIBLE PARTIES The resident/pet owner will be required to designate two responsible parties for the care of the pet il'the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet. L. INSPECTIONS The PHA may, after reasonable notice to the tenant durin~ reasonable hours, enter and inspect the premlqes, in addition to other inspections allowed. The PHA may enter and inspect the unit only if a written complaint h received alleging that the conduct or condition of the pet in the unit constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the community under applicable State or local law. M. PET RULE VIOLATIONS Pet Rule Violation Notice If a detennin~on i~ made on objective facts supported by written stalements, that a resident/pet owner has violated the Pet Rule Policy, written notice, will be serve& The Notice will conta/rt a brief statement of the factual bads for the detemx/nation and the pet rule(s) which were violat~ The notice wit also state: That the resident/pet owner has ten 0 O) workin~ days from the effective date of the sexvice of notice to correct the violation or make written request for a meet~ to d/scuss the violation; That the resident pet owner i~ entitled to be accompanied by another person of his or her choice at the meeting; and That the resident/pet owner's failure to correct the violation, request a meeting, or appear at a requested meetin~ may result in ~on ofl~ocedures to term~,~ the pet owner's tenancy. If the pet owner requests a meeting within the ten (1 O) working day period, the meeting will be scheduled no later than ten (10) calendar days before the effective date of service of the notice, unless the pet owner agrees to a later date In writing. 3/1/96 ACO N. NOTICE FOR PET REMOVAL If the reddent/pet owner and the PHA are unable to re~olve the violat/on at the meetin~ or the pet owner f~. to con-eot the violation in the time period allotted by the PHA, the PHA may The Notice ahan contain: 1. A brief ~tement of the fac_~ ba~ for the PHA's ~tion of the Pet Rule that ha~ been viohted; The requirement that the reddent/pet owner mu~t remove the pet witlfin ten (10) calender ch~ o£the notion; mai A statement that ~ure to remove the pet may result in the initiation of temfination of tenancy procedures. O. TERMINATION OF TENANCY The PHA may ~ procedures for tennhafion oftenancy based on a pet rule violation iff. The pet owner has fin]ed to remove the pet or correct a pet rule violz//on with/n the time pm:iod specified; and The pet ntle violation is sufficient to be~in procedures to terminate tenancy under terms of the lease. P. PET REMOVAL Ifthe health or safety of the pet is threatened by the death or hcapadty of the pet owner, or by other factors that render the owner unable to care for the pet, ('mclndes pets who are poon'y cared for or have been left unattended for over 24 hours, the situation will be reported to the Reslxnm'ble Party designated by the ~esident/pet ownen If the responsible party is unwilli,~ or unable to care for the pet, or if the PHA after reasonab~ efforts cannot contact the responm%le party, the PHA may contact the approlrdate State or local asen~ and request the ~emoval ofthe pet. O. EMEROENCIES The PI-LA. ~ tako ail necessm'y stel:m to insure tha~ pets which become vic~oux, c1~. l~y symptoms of ~evem illne~, or dem~ behavior that ~ en inunedi~ tlneat to the health or ~ety ofothe~ are refen~ to the ~ State or local entity ~ to MANAGEMENT AGENT SIGNATURE 3/1/96 ACO DEPARTMENT OF VETERANS AFFAIRS Regional Office 2022 Camino Del Rio North San Diego CA 92108-1508 September 8, 1997 In Reply Refer To: 377/272D 25 294 275 LARRY W. WILKINSON P O BOX 127402 SAN DIEGO CA 92112 Wilkinson, Larry W. To Whom It May Concern: Records of the Department of Veterans Affairs disclose that LARRY W.. WILKINSON is entitled to VA pension based on n permanent and total' disability. However, we denied Mr. Wilkinson's claim due to excessive income. We are currently in the process of reviewing his claim due to a change in income which he reported. His claim is pending a determination at this time. If you have questions or desire further informatiOn, please call a benefits counselor at our nationwide toll-free number 1-800-827-1000. Sincerely, IIv ALFONZO F. PAD.LA Acting Veterans Se~ices O~cer G72/377/211B PLAINTIFF'S EXHIBIT TENANT HANDBOOK AND HOUSE RULES OF TWO WEST PENN APARTMENTS The Housing Authority of Cumberland County, Owner Revised 7/1/99 TABLE OF CONTENTS About Two West Penn 1 Office Hours and Maintenance 1 Rent Determination and Medical Allowances 2 Late Payment of Rent 3 Security Deposits -. 3 Breaking the Lease 4 Repair Charges 4 Apartment Housekeeping and Inspections 5 Redecoration/Unit Alteration 6 Lockouts 6 Security Access Keys 7 Pest Control 7 Extended Leave/Partial Occupancy 7 Visitation Policy 8 Grievance Policy 9 "Other Good Cause" for Termination of Tenancy 9 Appropriate Dress in Common Areas 10 Fire Hazards I 0 Unit Transfers/Specially Equipped Units 11 Use of Common Areas/Decorating 11 Storage 12 Resident Parking 12 Visitor Parking 13 Live-in Aid/Attendant Policy 13 Battery Operated Carts Policy 13 Pet Rules 14 Bird/Animal Feeding 16 Use of Oxygen Tanks 17 Building Security Rules 17 Reservation of Community Room for Group Use 17 Fire Alarm Evacuation Procedures 17 Use of Guest Entry Telephone System 19 Hallway Ventilation and Apartment Doors 19 Apartment Heating, Cooling, and System Maintenance 19 Use of In-Sink Garbage Disposal 20 Use of Laundry Facilities 21 Special Considerations for Visiting Children 22 Food and Drink in Common Areas 22 Smoking 22 Emergency Medical Forms 22 Building Meetings 22 Incident Reporting 23 Reasonable Cause for Emergency Unit Entry 23 Final Word 24 Page -25- File:F: TWP:handbook ABOUT TWO WEST PENN Two West Penn Apartments for the elderly is owned by the Housing Authority of Cumberland County. The Authority is dedicated to providing affordable housing in Cumberland County. Two West Penn opened in December 1992 and the facility utilizes U.S. Department of Housing and Urban Development (HUD) Public Housing subsidy to make the tenant rents affordable. The Authority and its staff were instrumental in developing the facility and are familiar with the HUD laws and regulations which govern Two West Penn. Two West Penn contains 38 one-bedroom apartments designed for occupancy by one or two persons and 12 efficiency apartments designed for occupancy by only one person. HUD regulations specify that these units be made available to persons age 62 or older or to adult persons with a handicap or disability. According to local Borough BOCA codes (808.1.2), no more than two (2) persons may reside in these apartments. No more than one (1) person in an efficiency unit. Two West Penn is an equal opportunity housing facility and does not discriminate against eligible persons on the basis of age, sex, race, creed, color, religion, national origin, handicap, or familial status. I. OFFICE HOURS AND MAINTENANCE A. OFFICE HOURS: The office hours are posted for your convenience. The office phone number is (717) 249-3484. B. MAINTENANCE: The tenant is responsible for normal upkeep of the apartment and for maintaining their personal property and personal furnishings within the apartment. Maintenance staff is available to correct mechanical problems with the apartment and supplied appliances, as well as maintain the common areas and grounds. Should your apartment require maintenance, fill out a maintenance request form which can be found on the first floor near the mailboxes. Submit your request form to the office when completed. STAFF MAINTENANCE IS AVAILABLE MONDAY THROUGH FRIDAY, BETWEEN 8:00 A.M. AND 4:00 PM. Please realize that due to part-time staffing, routine or non-emergency maintenance requests may have to wait for several business days. C. MAINTENANCE EMERGENCIES: Emergency repairs are those which if left unattended could be life or health threatening, or could cause permanent damage to the building or personal property (not just mere inconvenience). Grounds for calling for after-hours emergency maintenance (weekends and after 4:00 P.M. weekdays) include: Page - f- File:F: TWP:handbook 2. 3. 4. Complete loss of heat in apartment. Person locked in elevator/total elevator failure. Overflowing sink/toilet (not just clogged). Significant roof or pipe leak (not just dripping). TO OBTAIN EMERGENCY MAINTENANCE CALL 249-3484 Emergency maintenance DOES NOT include: Broken personal items, furniture, garbage disposal, lights, or slow draining or clogged drains. Routine maintenance-covered items will need to be put on a maintenance request form and taken care of during the next available business day. If the tenant can not wait, he/she should take their own corrective action (i.e.-use of liquid drain opener or plunger for a clogged drain), or contact a family member for assistance, or a private repair service at the tenant's expense. IL RENT DETERMINATION Because of the HUD subsidy, the tenant rent is based on 30% of the tenant's adjusted annual income (gross income minus applicable medical expenses). This results in the tenant paying 30% of their adjusted income for rent and utilities on a monthly basis. Each tenant's rent is adjusted annually (called recertification) unless the tenant has a change in income or medical expenses prior to the next annual recertification. If this occurs, the tenant is responsible for notifying management that an INTERIM RECERTIFICATION needs to be scheduled. However, if there are no changes to income or medical expenses during the year, then the tenant need only be recertified during the regular annual recertification. The Two West Penn Office will notify you in writing when the recertification process is to begin and will make an appointment for you. Rent adjustments.resulting from the required annual recertificafion are performed in February. REMEMBER, you are required by HUD and Federal Law to report changes in your income (within 10 days of receiving notice of the change). You must also furnish ALL sources of income, including income from assets, investments, joint accounts, pensions, welfare/public assistance, disability and unemployment compensation, income from employment, and private business, as well as disclose non-income producing property and capital assets which you own or jointly own. You must also disclose information regarding any asset you disposed of for less than fair market value (sold for less than its value or given away as a glib) within the last two years. FAILURE TO PROVIDE THIS INFORMATION CONSTITUTES FRAUD WHICH IS PUNISHABLE UNDER FEDERAL LA WAND CARRIES THE FOLLOWING PENAL TIES: * Eviction from your apartment. Page .2. File:F:TWF':handbook .. ~,;,-: ~",:,?:, ,, . ,~, ::~::~ Repayment of all overpaid rental assistance you received. Fines up to $10,000. Imprisonment for up to five (5) years. Prohibition from receiving future assistance. IH. PAYMENT OF RENT/SECURITY DEPOSIT Rent is due on the first (lst) business day of each month. Checks and money orders should be made payable to Two West Penn Apartments. You may pay your rent in person during office hours, or you may leave your properly identified payment using the wall safe slot located outside the office door. A late charge of $25.00 is assessed after the fifth (5th) business day of the month. Late charges will be assessed if the tenant makes no attempt to pay, makes only a partial payment or if the check written is returned for insufficient fund. A. PENALTIES FOR NON-PAYMENT OF RENT: If the rent and late charge have not been received in the office within by the 20th day of the month, the landlord shall serve the tenant with a "Termination of Tenancy", or a notice to vacate the apartment in 30 days. The tenant may stop the termination proceedings by paying their rent in full plus the $25.00 late charge, prior to 30 days expiring from the day the termination notice is received. However, if 30 days expire without payment in full, tenancy will be terminated. If the tenant is again 14 or more days late with the rent payment within a one year period, this may be grounds for automatic termination, and a notice to vacate the apartment in 30 days may be served. B. REPEATED LATEPAYMENTOFRENT: If the tenant is late with rental payments three (3) or more times within a one (1) year period (rent not paid by the fifth business day), the landlord may refuse to renew the lease and/or terminate tenancy with a 30-day notice. C. RETURNED CHECKS: If a tenant's rent check is returned for insufficient funds, tenant will be charged $25.00. If another rent check is returned for insufficient funds within a one (1) year period, the tenant will be required to make rent payments with cash or money order for the remainder of tenancy. D. SECURITY DEPOSIT: The tenant's security deposit is equal to one month's rent. Tenants who choose to smoke in their apartment will be charged two months security deposit. The security deposit will be placed into an interest-bearing bank account until the time the tenant Page -3- File:F: vacates the apartment. The security deposit may not be used to pay rent or other charges while the tenant occupies the apartment. E. SECURITY DEPOSIT RETURNS: After the initial one (1) year lease period, the lease renews month-to-month. If the tenant moves out after the initial lease period and has given a proper 30-days written notice-of-intent to x;acate, then the tenant is entitled to a return of their security deposit, less any amount withheld for unpaid rent and/or damages caused and not corrected by the tenant (beyond normal wear and tear) to the apartment. Cleaning charges equal to the hourly rate of the maintenance staff will also be withheld if the tenant does not leave the apartment in the condition it was presented. If the security deposit does not cover all charges incurred, the tenant will be billed for the excess. As described, after the initial lease period, the tenant is entitled to a return of their security deposit (less any unpaid rent and damages) ONLY if the tenant has provided the manager with IYR/TTEN notice qf intent to vacate the apartment at least 30 days or more prior to move-out. All Intent to Vacate notices must be received by the 1st of the month. No mid-month move-outs will be approved. An Intent-to Vacate form for this purpose is available at the office. If30 days written notice is not received prior to move-out, the tenant will be required to pay rent for that month. F. MOVE-OUT BEFORE LEASE EXPIRATION: If a tenant vacates the aPartment before the end of the initial one (1) year lease period, he/she is required to give a 30 day written notice. Moving out before lease expiration, regardless of notification, will automatically result in the landlord retaining the entire security deposit. G. REPAIR CHARGES: Normal wear and tear will be the responsibility of the landlord, however, willful damage, abuse, or neglect is a tenant responsibility. If a tenant wishes, the office can furnish tenant with a list of damage repair charges. The charges listed are an approximation based on labor and material costs. These charges can be withheld from the security deposit at move-out, and/or assessed beyond the deposit amount, if necessary. These charges will only be assessed if the repair(s) is the result of tenant abuse or neglect beyond normal wear and tear. If you wish, you may have the Manager inspect your vacated apartment for damages and cleanliness upon move-out if you are concerned about the status of your unit. If you elect to smoke regularly in your apartment, it is likely that you will cause smoke damage to the apartment and furnishings. SMOKE DAMAGES V~LL NOT BE CONSIDERED NORMAL WEAR AND TEART AND RESTORATION CHARGES }FILL BE ASSESSED TO THE DEPOSIT. Page -4- File:F: TWP:handbook ' IV. BUILDING POLICIES AND HOUSE RULES A. APARTMENT INSPECTIONS/HOUSEKEEPING: Annually, with at least seven (7) days written notice, the tenant's apartment will be inspected by the Manager/Maintenance. Tenants may choose whether or not to be present during the inspection. The purpose of the inspection is to determine if the tenant is keeping the unit in accordance with the terms of the lease and this agreement. This means tenant's apartment must be kept clean and free from: 4. 5. 6. 7. 8. Food residue and other organic waste build-up. Exposed and spoiling food or other potential sources of insect and germ infestation. Pet waste. Organic trash and garbage Fire hazards. Dirt build-up or other organic or inorganic residue. Insect or other vermin infestation. Other human/organic waste or residue in the bathroom or other areas. Deficiencies in housekeeping in one or more of the above-listed areas can be considered grounds for non-compliance and failure of the inspection. If tenant is unable to perform regular cleaning duties in their apartment, then tenant is responsible for securing cleaning services so that they may continue to pass sanitary inspections. The procedures following the inspection are: If the tenant's apartment is found deficient in any of the above-listed areas, the tenant will be notified in writing by the Manager (within ten business days from the date of inspection). If tenant does not receive a notice within ten days, then tenant has passed the inspection. The notice will identify conditions to be corrected in order for the apartment to be in compliance with the above safe and sanitary requirements. The tenant will have fourteen (14) days from the day the notice was received to correct the deficiency. If the tenant is unable to perform the necessary cleaning service now or on an ongoing basis, the Manager and staff are available to provide assistance in locating cleaning services providers. However, it is the responsibility of the tenant to secure those services at his/her expense within the 14 day corrective action period. After the 14 day corrective action period a follow-up inspection will take place. If the apartment is still found to be unsafe and/or unsanitary the tenant shall receive notice that their lease is being terminated and they shall have thirty (30) days within which to vacate the apartment. Page -5.. File:F: TI/VP:handbook . ~ : : . ;'i. :.'? :'. ~ .~, B. REDECORATION / UNIT ALTERATION: No apartment may be altered or redecorated, including door, cabinet, or wall papering or covering, installation of fixtures repainted or carpeted, without written approval fi.om the Manager. Special allowances will be made for enabling devices for the handicapped or disabled. The tenant must utilize a properly licensed contractor and furnish the credentials of any individual performing the work before approval can be given. Failure to obtain permission for redecorating may result in the tenant being asked to restore the unit, at their expense as a condition of lease renewal, or charges being assessed to the tenant either immediately or at lease renewal, to restore the unit. The tenant or his/her heirs are responsible for storing the original furnishings if modifications are made and for restoring an altered unit (other than repainted) to its original condition at vacancy. Paint type, color and wall covering must be approved by Manager and installed at the tenant's expense. If permission to wallpaper is granted, the tenant and a family member must sign for the responsibility of returning the wall to their original condition at vacancy. Additional carpeting may not be permanently installed with glue, staples, nails or other material; nor may the tenant remove the original flooring to allow for additional or different carpeting. Small area rugs are permitted to be placed on top of the existing carpet. Be notified, however, that each year during the apartment inspection it will be the responsibility of the tenant to remove the area rugs so that the condition of the permanent carpet below can be inspected. The tenant may hang pictures and other items using small wall hanging nails designed for this purpose - not glue, paste, or putty. The apartment is furnished with sheers which may not be removed. The tenant may, however, hang drapes or curtains on the rods provided. Apartments will be repainted by maintenance periodically in keeping with HUD guidelines. Tenant will be given reasonable notice in writing should their apartment be due for repalnting. Mats are not permitted in the hallways outside the apartment. C. LOCKOUTS: It is the tenant's responsibility to keep their apartment key with them. However, should a tenant lock themselves out of their apartment, they have several options: 1. During office hours, tenant may go to the office for assistance. There will be no service charge. 2. Alter office hours or on weekends, between 7:00 A.M/and 12:00 midnight tenant may call upon the services of the Building Supervisor in Apt. #108 for lock-out service free of charge. A tenant must provide identification to the Supervisor which verifies residency in order to gain access. The Supervisor is not authorized to give the tenant the key, and must Page .6- File:F:TWP:handbook ~ :.. ~ accompany the tenant to the apartment. A tenant may encounter times when the Supervisor is unavailable. In this situation, he/she must either wait in the lobby for the return of the Supervisor, or call upon other private lockzout service at the tenant's expense. 3. Ifa tenant must receive lock-out service after 12:00 midnight or before 7:00 A.M. see the Building Supervisor in Apt. #108. If the Supervisor is available, you will be charged a $25 service fee for their service. D. SECURITY ACCESS KEYS: All building access keys are the property of Two West Penn, and ALL copies must be returned to the office at vacancy. For a two-person family, two (2) sets of building access keys and apartment keys will be provided at no charge (one set for a one-person family). Should the tenant lose their issued keys, a $5.00 per key replacement charge will be issued, and expense. Tenants may not install additional door locks in the apartment without the expressed written approval of the Manager. E. PEST CONTROL/EXTERMINATiON: Management provides regularly scheduled pest control for common household pests. Contact the office if you wish to know the dates and times of the next treatment. If a tenant is not home, their apartment will still receive the required treatment. Tenants should notify the office if their apartment needs additional treatment(s) before the next scheduled extermination. F. EXTENDED LEAVE/PARTIAL OCCUPANCY: Tenants leaving the ·building for more than two (2) days (48 hours), may wish to notify the office of their departure date and return date. To protect privacy, this is not a requirement. The lease requires that the apartment be the tenant's only place of residence and, therefore, part- time use of the apartment is prohibited. If a tenant utilizes another residence or occupies the apartment for 90 days or less per year, whether consecutively or not, then the landlord reserves the right to terminate tenancy. If a tenant leaves their apartment for non-medical or non- rehabilitative purposes for more than 60 consecutive days, then this will be considered partial use of the apartment and tenancy may be terminated. Should a tenant require an extended leave of absence for medical or rehabilitative reasons, tenancy will not be terminated due to partial occupancy. However, notification on whether the tenant is returning to occupy the apartment is due within 90 days. If the tenant is expected to Page °7- File:F: TI/YP:handbook return, then they must do so within 90 days alter providing notification or tenancy will be terminated (this, therefore, allows for a 180-day maximum medical leave). G. VISITATION POLICY/CO-ItABITATION: Visitors are welcome at Two West Penn. It should be noted, however, that a tenant's guests (i.e.-non-tenants, and especially children) and care attendants are the tenant's responsibility and are subject to, and expected to follow all house rules and terms of the lease agreement. Failure by the tenant's guests or attendant to follow house rules will result in action being taken against the tenant host. This would also include damages caused by the guests or attendant. The following are additional visitation rules: Guests who will be in the building for more than eight hours in a day, or staying overnight must be registered with the office in advance. This includes their name and address, arrival date and length of stay. Overnight stays by guests may not exceed three consecutive days or more than five days total in any month. Any activity exceeding the limits just outlined will be considered co-habitation, which is a violation of the lease agreement and grounds for immediate termination of tenancy. Co-habitation is also defined as any person not listed on the lease who is receiving mail and stores or keeps personal property in the apartment. The only exception to the above overnight visitation rule is if the tenant needs temporary care or supervision during a period of illness, which has been substantiated in writing by a medical professional and approved by the manager. Only persons whose name(s) appear on the lease or preapproved, registered care attendants may inhabit the apartment. During overnight visits, no more than 4 people (including the permanent tenant(s) of the apartment) may inhabit the apartment. Guests under 16 years of age must be directly supervised by their tenant host at all times in all locations within the building or on the grounds. Children are not to be let~ unsupervised in the common areas or on the grounds and must not run through the building or otherwise disturb the peace and safety of the facility. All guests, regardless of age, must be escorted by their tenant host while using the community room. Tenants of this facility who while visiting, violate the house rules of other facilities which are also managed by the Cumberland County Redevelopment or Housing Authority can be found in non-compliance with the Authority's house rules of management which may affect the tenant's current or future tenancy at their home facility. Page -8. File:F:TWP:handbook ~ ,,..,..: 7 ?? .... ::~...;, Guests may not inhabit, sleep over, or remain in the apartment for more than 8 hours if the tenant host will be away from the apartment for more than 24 consecutive hours. lt. GRIEVANCE PROCEDURES: Should a tenant have concern or complaint, conflict with another tenant, or believe that a management decision, action or inaction, rent determination, or decision is incorrect, illegal, or has been made in error, the tenant should, within 10 days of the grievable event: Make an appointment to discuss the problem with the Manager. The Manager shall make every effort to correct the problem, explain the determination, or offer a solution to alleviate the matter. If this does not solve the tenant's concern, then he/she may, within five (5) business days after meeting with the Manager: Contact the Manager's supervisor (during normal business hours), or have the Manager do so, for an informal heating. A written statement or ruling will be provided to the tenant by the Supervisor. I. OTItER GOOD CAUSE FOR TERMINATION OF TENANCY: Every tenant of this facility has the right to quiet and peaceful enjoyment of the building. Quiet shall prevail after 10:00 P.M. until 7:00 A.M. If a tenant or guest of a tenant repeatedly and substantially disturbs the peaceful enjoyment of the facility, is found in non-compliance with the Lease or in violation of these House Rules, harasses or threatens assault of another tenant (whether on or off Two West Penn property); disrupts the livability of the building; adversely affects the health or safety of any person or the right of any tenant to the quiet enjoyment of their unit or the building in general; creates a hazardous, unsafe, unsanitary, or dangerous environment for other tenants; or otherwise interferes with the management of this building, then that tenant (or tenant host of the guest creating the disturbance) shall be deemed to be in material non-compliance with the Lease and the tenancy of the tenant can be terminated. Every tenant and their guest(s) are expected to observe and abide by the terms of the Lease and these House Rules. A_f~er an initial rule violation, the violator shall be given written notice from the Manager that such conduct in the future will be considered grounds for termination of tenancy. This procedure does not prohibit the landlord from acting more swiftly against a rule violator (i.e. acting without a warning) in confirmed incidents of a significant and material violation of the Lease or these House Rules. If while on this property or in this facility a visitor or guest of a resident commits or is convicted of any drug related criminal activity or any violent criminal activity, then the resident host's tenancy can be terminated depending on the host's knowledge or involvement. Page -9. File:F: TWP:handbook ,, ~ , ,,~ The Manager shall require a substantiated report, preferably in writing and with w. itnesses, in order to take action against the violator of these House Rules. Any decision made by management concerning any violation of the House Rules shall be based upon the consideration of evidence and witness reports. Other legal processes, management observations, or procedures contained in the Lease, this document, applicable law, or HUD regulations which indicate a tenant's non-compliance with these rules; or other tenant actions/inactions which jeopardize the health and safety of the tenants or the peaceful enjoyment of the facility, will be considered grounds for termination as prescribed. i isclaimer: section or portion this ule document is 'o ,nd to be inconsistent with applicable law, only that particular section shall be voided and the remainder of th{~ document shaE. remain ef~ec~ tive as written. J. APPROPRIATE DRESS IN COMMON AREAS: Tenants and guest(s) should not be dressed in bed clothes, nightgowns, underwear, bathrobes or pajamas when using the lobbies, common areas, or grounds. Street clothes, including shoes, shirt or blouse, pants or shorts, skirt or a dress should be worn when outside of the tenant's apartment. No bare feet. K. IMPROPER USE OF APPLIANCES/FIRE HAZARDS: On occasion, some tenants may have or begin to have difficulty in using devices or appliances responsibly and/or correctly. If a tenant uses an unsafe or defective appliance or device which creates a fire hazard, incident, or fire alarm, or repeatedly uses an appliance or device incorrectly, which creates or causes such a hazard or alarm, then to protect the safety of the tenants and others, management reserves the right to have the appliance, device, or other fire hazard, removed from the building as a condition of continued occupancy. 1. Should a tenant repeatedly set off the fire alarm through neglect or misuSe of the stove or oven, or repeatedly leave the stove or oven on or unattended, causing the activation of the smoke or fire alarm, then management reserves the right to have the stove disconnected. The tenant shall receive a warning letter from the Manager after the first incident of misuse. If the tenant again endangers the welfare of the facility in such a manner within a one-year time period, the tenant will receive written notice that their stove must be disconnected indefinitely for their safety, and the safety of others. The tenant (or tenant's Power of Attorney) will be requested to sign an agreement to this action, and the tenant will need to arrange for an alternate method of food preparation. If the tenant will not sign the agreement or allow this action, then the tenant's lease will be terminated. 2. Live Christmas trees are considered a potential fire hazard in this facility. Only artificial, flame resistant Christmas trees are permitted in the building. 3. Electric, open hot-coil, or fuel burning space heaters are also considered a potential fire hazard and are not permitted. Page -fO- File:F: TWP:handbook M. UNIT TRANSFERS/SPECIALLY EQUIPPED UNITS: Due to operational concerns, management is unable to grant tenant requests for transfer to another apartment or facility under its' operation. However, if the tenant is able to qualify for and obtain a physician's verification of handicap or disability requiring the design features of a unit specially equipped to enhance mobility he/she may transfer to such a unit when on becomes available (See Manager for appropriate request form). If a tenant is verified as such and would like to transfer to a specially designed unit, the tenant should notify management in writing that he/she would like to be placed on the waiting list for this unit. In keeping with fair Housing Law and HUD regulations, current tenants requesting a specially equipped unit who possess the appropriate verification, will be given first opportunity at these units ahead of eligible non-resident applicants. If a family or individual without need for a specially equipped unit accepts and moves into one of these units, then they are doing so only on a temporary basis. If no one in the family is eligible for the unit and an eligible tenant or applicant applies for residency, then the existing eligible tenant (or family) will be required to transfer to a conventional (non-equipped) unit as soon as one becomes available, with at least 30 days advance written notice from the manager. The tenant shall be responsible for the moving procedure and any moving: costs, if any. The landlord shall be responsible for any electric or telephone utility hook-up fees (except for cable TV) incurred due to the transfer. N. USE OF COMMON AREAS AND COMMUNITY ROOM: Please remember that the hallways, lobby, Community Room and kitchen, laundry, and grounds are common areas which every tenant and their guest(s) have a right to use. Certain restrictions apply to guests and children as previously described in this document. However, every tenant is entitled to the same privileges of use of these areas. Both tenants and staff alike appreciate the efforts of those who volunteer, provide services, and contribute to the welfare of this facility. Since we have varying tastes, beliefs, and opinions, not everyone will agree on what is appropriate for these areas. With respect to the lease and these house rules, management shall make every attempt to allow equal opportunities for tenants to contribute to, provide goods and services in, and participate in the use of these common areas. The use of alcohol or open alcohol containers in any common area of this building or on these grounds is prohibited Should there be a violation of the house rules regarding the use of common areas in this facility, a proper report should be made to the manager so that action can be taken. Should there be a conflict between the tenants in the use of the common areas, then the tenant making the complaint shall follow the grievance procedures outlined in Section III, Paragraph H, of this document. O. POSTING, DECORATING, AND SPECIAL REGULATIONS IN COMMON AREAS: Management is happy to allow tenants to decorate their apartment doors, post cards and notices on the bulletin boards and decorate common areas as long as ALL tenants Page have the same opportunity to contribute when and how they see_fit, as approved by the manager. The following rules apply: 1. Prior approval from the manager must be obtained befbre altering or decorating common areas. All tenants shall have the same opportunity to decorate, post and use the common areas. 2. Glue or putty must not be used on common area windows or walls. Only easily removable, non-damaging adhesives may be used. If tacks are to be used to decorate common area walls, permission from the manager is required. Seasonal decorations displayed by tenants must be properly hung and removed by the responsible tenant(s) at the conclusion of the season. 3. All tenants may use the bulletin boards to post cards and notices without management approval, as long as management postings are not disturbed. However, non-tenants and outside organizations (whether the tenant is a member or not) must receive permission from the manager to post. The bulletin boards remain the property of the facility and are a management tool, and management reserves the right to remove postings; rearrange postings, and post notices as necessary for the welfare of the facility. Tenants are not authorized to remove management postings. 4. Tenants may not post on the outside of their doors, the bulletin boards, or other common areas, any materials containing advertisement or promotion, profanity, sexually explicit language or pictures, or material which n-fight be considered libelous to an individual, or intentionally offensive or insulting to a particular religious, racial, or ethnic group or special population. Stickers, including bumper stickers, may not be placed on the apartment door, walls, appliances, etc. Any door decorations must be hung or applied with an appropriate adhesive so as to not cause any damage and allow for' easy, non-marring removal by the tenant. 5. Tenants may not display signs, pictures, or other materials as described in Paragraph #4 above on the apartment windows. Holiday greetings and decorations are permissible and can be displayed without management approval but muSt be displayed in such a fashion as to not cause damage and they must be removed by the tenant at the conclusion of each holiday. Management reserves the right to limit these privileges. P. STORAGE: Tenants are to store all of their personal belongings safely inside their apartment. Storage is not provided outside of the apartment for personal property. Tenants may not store or leave personal property in the common areas, including the stairwells. Q. RESIDENT PARKING: Each household is limited to parking only one (1) currently registered vehicle, as space is available, in the parking areas. '"Head-first", or front-first i~arking is required. Any excessive oil leakage or debris from a tenant's vehicle is to be cleaned up immediately by the tenant. Resident parking in the lot is a limited privilege. If a tenant discontinues use of their parking spot for a period of more than 90 days, whether due to Page File:F: TWP:handbook ' mechanical or personal reasons, then management reserves the right to re-assign that spot to another tenant who is in active need of the parking space. Management is responsible for snow removal in the driveways and unoccupied parking areas and walkways. However, the tenant is responsible for proper snow and ice removal from the vehicle and from his/her parking space. If the tenant is unable to safely perform snow and ice removal, it is suggested that the tenant obtain assistance from family or private help. R. VISITOR PARKING: Visitors and attendants are to park on the street only. Also, please advise your attendants and/or guests NOT to park in the service drive or fire lane in front of the building. Visitors are also not to park in front of the entrance area portico; this is a fire lane and a pick-up and drop-offarea only. Visitors needing to park a bicycle are to keep their bicycle away from the entrance area. No bicycles are to enter the building, except tenant owned bicycles which are stored in the apartment. S. LIVE-IN AID/ATTENDANTPOLICY: As required by HUD regulations, tenants who have verified need for a live-in care attendant (see office for appropriate verification form) may have such care, provided the attendant is an individual who is appropriately registered with the management office prior to occupancy. As previously described, the attendant is subject to all terms of the lease and house rules, although they are not party to the lease. This means that the tenant host will be held accountable for all actions of the attendant. If and when the tenant no longer requires the services of the care attendant, or if the tenant vacates the apartment, then the aid or care attendant must also vacate the apartment at the same time. T. BATTERY OPERATED VEHICLE (MOTORIZED CARTS) POLICY: If a tenant has need of a battery operated vehicle or other such cart to aid in or enable mobility, then the tenant may operate such a vehicle or cart in the building and 'on the grounds. However, operating a motorized cart requires special considerations, most of which also apply to self- powered wheelchairs: 1. Cart operators are responsible for safe and controlled operation of their vehicles at all times while in the building and on the grounds. Special care and slow speeds are essential to prevent accidents, especially nearing corners and other "blind" areas where the approaching cart may not be immediately visible to hallway pedestrians. Cart operators should stay to the outside of corners and along one wall (opposite the handrail, where applicable). If accidents with pedestrians or other operators become a repeated occurrence, probation and possible subsequent termination of tenancy may be necessary for the safety of others. Cart opebitors assume total liability for all accidents, incidents, and damages caused by their negligence (an insurance policy is recommended), and assume all risks associated with cart operation. Page .13- File:F: TWP:handbook 2. Cart owners must properly maintain (in apartment) and keep their carts clean at all times. Carts must not leak grease, oil, battery acids, or other fluids. The cost or removing tire marks and other stains on both flooring and carpeting which can be traced to the cart owner, whether occurring in the common areas or in the apartment, will be the responsibility of the cart owner. 3. Cart owners may not leave their carts unattended in the hallways or in the lobbies while visiting in other apartments, nor may they be left unattended in the hallways outside the owner's apartment or the common areas in general. Carts must be kept inside the apartments when not in active use. Cart owners may use the common areas on their cart and can attend functions on their cart, but cannot leave carts unattended in the common areas. 4. Recharging of electric carts can only be performed in the owner's apartment. No tenant or guest is to recharge electric carts in common areas or hallway receptacles. 5. Cart operators shall only enter elevators when space allows. If entering an elevator currently occupied with passengers would result in overcrowding, then the cart operator should wait for the next available vacant or lesser occupied elevator. U. PET RULES: An acceptable pet is a domesticated animal such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle that is traditionally kept in the home for pleasure rather than commercial purposes. This does not include reptiles, except turtles. The pet owner is responsible for the actions of their pet(s), and indemnifies the management and owner from property loss or injury to or caused by the pet. Tenants may keep only legal pets (agricultural, wild, threatened, or exotic species are not allowed) under the following terms: 1. DOGS, CATS, and other approved "uncaged" animals must be registered with the management office PRIOR to being brought into the tenant's apartment. Registration with the office must be updated annually at the time of the tenant's annual recertification, including a written certification not more than six (6) months old from a licensed veterinarian stating that the pet has received all inoculations necessary for the period as required by state and local law. Birds, fish, small mammals, and other caged household pets do not require initial and annual registration with the office. However, the following terms do apply to these and all pets: 2. The following maximum number and size restrictions apply to pets in this facility: DOGS - One (1) dog maximum per apartment. Maximum size 25 lbs. CATS - One (1) cat maximum per apartment. Maximum size 25 lbs. A one dog and one cat combination is not permissible. A dog or cat in combination with one of the following pets is permissible: BIRDS - Two (2) caged birds maximum per apartment; wings must be clipped. Page - f 4- File:F:TWP:handbook ' .:,~ ;:' Y~;~:* ," m~";~, FISH - One aquarium maximum per apartment; 20 gallons maximum capacity. OTHERS - Gerbils, hamsters, mice, and guinea pigs are limited to two (2) caged animals per apartment. Any other animals not listed above must be approved by the manager prior to entering the facility. 3. A $50.00 additional pet deposit is required of all tenant owners of dogs, cats, or other approved uncaged animals. A pet deposit is not required for birds, fish, or the small caged animals listed above. Pet damages will not be considered normal wear and tear and will be withheld from the security deposit if necessary. Pet deposits are transferable to a replacement pet and may be refunded (less pet damages, if any) when the tenant vacates the apartment. 4) A qualified seeing-eye dog or other qualified assistive-l.iving animal is exempted from the maximum size (weight) limit and pet deposit. Also, a new resident moving in to the facility who has a dog or cat in excess of the weight limit, or dogs/cats in excess of the number limit, can be granted an exemption from the rules if it is determined to be necessary for the new tenants welfare. Existing tenants who wish to acquire a dog or cat will need to meet the requirements noted above regarding number and size of animals. 5) A pet may be dismissed permanently by management or the residents tenancy may be terminated for failure to control his/her pet or assistive animal in accordance with the house rules. Cause for this action would include but are not limited to: disturbing the peace (barking or whining), failure to comply with the pet rules, threatening pet behavior (scratching, biting etc.), improper disposal of pet waste, property damage, failure to register the pet properly each year, failure to keep the cage and/or pet(s) clean and insect or disease free, or failure to properly care for the animal. 6) Pets must be kept inside the tenant's apartment. When outside of the apartment, the pet must be kept on a leash no longer than eight feet, or in a cage. Under no circumstances is a pet allowed to roam free (unleashed) in the common areas or anywhere on the grounds. Pets are not allowed in the community room or laundry room (except for approved assistive animals as required by law. 7) All animal waste or litter from litter boxes or cages is to be picked-up and disposed of in sealed plastic bags and placed in the dumpster. Cage and box litter should be changed frequently. No litter or pet waste should be discarded in the toilets. 8) The pet owner agrees to thoroughly clean-up all pet "accidents" which occur in the building and on the grounds, including the lawn. The pet owner agrees to carry a scooper for this purpose and must agree to properly dispose of waste in a sealed plastic bag. Also, the pet owner must thoroughly clean-up after the pet if the animal tracks mud or dirt into the building. Failure to comply with the procedures in this paragraph can result in cleaning charges being assessed to the tenant and/or dismissal of the pet from the facility. Page File:F: TWP:handbook 9) Under no circumstances is a tenant or _guest to take a pet an~a,vhere on the property, especially the lawn, to "do its' business". If an accident happens on the lawn, sidewalk, or parking areas, the tenant is expected to clean-up the waste and dispose of it properly. Non-compliance with this rule will result in the dismissal of the pet from the building. 10) The pet owner agrees to provide adequate care, nutrition, exercise and medical attention for the pet including, but not limited to, distemper and rabies inoculations as required. Pets which appear to be poorly cared for or neglected will be reported to the SPCA or other proper authority for removal at the owner's expense. 11) When the pet owner plans to be away from the building for more than 24 hours, arrangements must be made for the care of the pet outside of the owner's apartment (except for fish). Pets are not to be left unattended inside the apartment (except for fish) for more than 24 hours, or left unattended for any length of time in the common areas or grounds. Such an occurrence will be treated as an emergency resulting in the removal of the pet from the premises at the owner's expense. 12) The pet owner acknowledges that other tenants in the building may have fear of or allergies to the pet. Therefore, the pet owner agrees to exercise control of the pet and common courtesy with respect to other tenants' fights of safe and peaceful enjoyment of the facility. 13) No pets shall be washed in the basins in the laundry room. 14) With respect to those with allergies, cat and dog owners shall make an extra effort to disinfect washing machines and clean dryer filters after laundering their clothes in the laundry room. 15) All dogs and cats must be spayed or neutered. 16) All dog and cat owners shall use an effective means of controlling fleas on their pet and in the apartment. 17) For safety and liability purposes, no visiting pets are allowed in the building or on the grounds at any time. There are no exceptions to this rule. Make certain your guests understand that visiting pets are not allowed. The tenant host will be held accountable for non-compliance with this rule. V. WILD BIRD FEEDING: Birds must be fed only at the designated feeders. Bread and other table scraps are not to be put out randomly on the grounds or thrown out below windows, as this has contributed to the fouling of windows and automobiles, as well as attracting rats, mice, and other stray domestic animals. Stray domestic animals are not to be fed on the property. Check with management prior to installation of a feeder. Page File:F: TWP:handbook W. USE OF PRESSURIZED OXYGEN TANKS: For medical reasons, some tenants may require the use of oxygen tanks. There are certain precautions necessary when using, working around, or living with pressurized gases. Tenants utilizing this or other medical aids accept full responsibility for the safe and proper use and storage of this equipment. Such tenants agree to become completely familiar with and exercise the necessary precautions. For everyone's safety, smoking is prohibited in apartments while oxygen is in use, or where oxygen tanks are stored. X. BUILDING SECURITY: This building has in place policies and special security features, however, the system is only as good as each tenant's ability to follow those procedures. Building security is, therefore, also a tenant responsibility. Do not open the door for anyone you do not reco?ize or are uncertain about their intent. Tenants may see someone standing at the entrance and may want to innocently allow that person in, but this could result in an unWanted intruder being in the building. All visitors need to call for a tenant through the phone to be granted access to the facility. Never open the front door until you have identified your guest. For your further protection against intruders, every tenant should keep their apartment door locked at all times, whether inside or out of the apartment. In the interest of security, no exterior doors, should ever be propped open. Similarly, tenants and their guests are not permitted to use the stairwell fire exits except in the event of a fire or fire alarm. Use of these fire exits for non-emergency use is a breach of the security of this building and a significant violation of house rules. Y. RESERVATION OF COMMUNITY ROOM FOR GROUP USE: Unless the room has been privately reserved for a special function, the community room is open to all tenants and their escorted guests. Outside groups are not permitted to use the community room unless management arranges for a special function, or at least one Two West Penn tenant is an active member of the group who reserves the room. When reserving the community room, the tenant must disclose the purpose of the function and management reserves the fight to refuse the reservation. All house rules apply to those in attendance, and the tenant making the reservation is responsible for the conduct of all non-tenants in attendance, as well as ensuring proper clean up of the room and kitchen. V. ADDITIONAL HOUSE RULES AND PROCEDURES A. FIRE ALARM EVACUATION PROCEDURES: When the general fire alarm system outside of the apartment is activated, whether by a smoke detector or by a manual pull station, you will hear a loud continuous horn. Hallway and common area fire indicator lights will flash. The horn and lights will continue for a period of time (anywhere from several seconds to several Page -17- File: F: TWP:handbook ~ . / ~.r , ~ minutes or more) until the alarm panel is acknowledged by firemen or staff. Do NOT assume that when the horn is silenced and the lights stop flashing that the emergency is over and that it is safe to remain in the building! You still must evacuate the building. Once you hear or see that the general fire alarm has been activated, regardless of how long it is activated, you must begin to take the following measures to calmly and quickly leave the building. Once the alarm has been activated, you MUST leave the building until a member of the staff or fire department gives the "all clear" signal. Until such notice is given, you must evacuate the building to ensure your safety and the safety of others and 'to be in compliance with the House Rules and Fire Code! The following procedures must be taken by all tenants immediately once the alarm is activated: If you are cooking, turn off.your stove and oven. If you are not dressed appropriately for the weather take a quick moment to put on proper outerwear, boots, hat, etc. to be able to withstand the weather for a period of time. 2. Get your apartment keys and close the UNLOCKED door behind you. Proceed calmly to the nearest outer stairwell. If you encounter a closed fire door along the way open it, pass through, and allow the door to close behind you. Proceed down the steps and continue out the fire door at the bottom of the steps. DO NOT ATTEMPT TO USE THE ELEVATOR, * SPECIAL NOTE FOR THOSE WHO CAN NOT USE THE STEPS If you are mobility impaired or can not use steps, you must go to the top of the outer stairwell. Do not remain in front of the doors, but wait calmly out of the way for assistance from rescue personnel. Once you have safely exited the building, stay in a group with other persons from your wing or floor. Take a head-count of tenants. If you are certain someone may still be inside, designate one person to alert a fireman on the outside of the building. Do not re-enter the building until a fireman or member of the staff tells you it is safe to re-enter. It is a fire code and rule violation to ignore a fire alarm. Fire drills will be conducted periodically throughout the year. Most will be announced. Occasionally they will be unannounced. Tenants are REQUIRED to participate in the fire drills if they are in the building. Any tenant who does not exit the building during a fire drill will be fined $10.00 for the first offense and $25.00 for the second offense. If a tenant refuses to participate in a third fire drill this will be viewed as a House Rule violation and grounds for eviction. Page. 18- File:F: TWP:handbook Keep these instructions handy and review them often. Practice these procedures every time the alarm sounds. Never assume it is a false alarm. It may save your life and the lives of others. B. APARTMENT SMOKEDETECTORS: Every apartment has an electric smoke detector close to the ceiling on the wall. It will emit a continuous high-pitched beep when the apartment contains smoke. If you hear this sound, check for smoke or fire in your apartment. If you have burnt food, remove the food or container from the heat source and open all your windows and turn on your stove and bathroom fans. DO NOT open your apartment door, doing so could allow smoke to enter the hallway and activate the general alarm. C. USE OF GUEST ENTRY TELEPHONE SYSTEM: When guest(s) come to visit, they will need to ring the tenant from the entrance vestibule to gain access to the building. To identify your guest and protect the security of the building, please do the following: 1. Identify your guest. If there is no answer, or you do not recognize the guest, DO NOT OPEN TI-[E DOOR. It may be an intruder. If you have identified the guest and want to let them into the building, press the number "6" button on your telephone briefly, this will open the locked security door at the entrance vestibule to allow your guest into the building. DO NOT PRESS THE NUMBER "6" BUTTON WITHOUT FIRST IDENTIFYING YOUR GUEST! D. HALLWAY VENTILATION AND APARTMENT DOORS: Apartment doors are to be kept fully closed at all times except for entering and exiting the apartment. Leaving your apartment door open "overloads" the circulation system and does not allow our hallway heating, cooling, and ventilation system to work effectively. Do not prop or leave your door open. Apartment doors are to be kept fully closed when not entering or exiting the apartment. E. APARTMENT HEATING, COOLING AND SYSTEM MAINTENANCE: Tenant's apartment is equipped with an electric thru-wall pump for heating and cooling the apartment. The unit has push-button controls for heating, cooling, fan speed, and off'. Also, there is a dial "thermostat" on the unit for temperature adjustment. There is a line at the center position of the dial. Turning the dial increasingly further to the lei~ of the center line increases the amount of heat. Turning the dial increasingly further to the right increases the amount of cooling. Tenant must have the push button pushed-in for HEAT or COOL for the "thermostat" dial to work. Tenant will need to experiment with various settings and fan speeds to determine when' tenant's apartment is the most comfortable and for energy conservation. Page -19- File:F: TWP:handbook Please realize that this type of heating system is not like a furnace-type heating system. The circulating air may not feel "hot" and the fan may continue to circulate air even when the unit is not heating the air. If you are certain the unit is not functioning properly, please fill out a maintenance request form and bring it to the office. The heating/cooling unit has a filter which will be cleaned twice annually by maintenance. However, for proper and clean operation of the unit, please keep the floor area in the unit well vacuumed and even shampooed/hot-water extracted for clean operation. The unit circulates air from the floor level and, if the carpet in front of the unit is not kept clean, it will circulate dust and mold into the room. This is especially important for tenants with allergies, or those with medical hypersensitivity to airborne particles. Tenants with conditions such as these may wish to arrange for additional or more intensive unit cleaning with a management-approved heating and cooling contractor (see the manager for more information). Such arrangements, if the tenant feels this is needed, will be made at the tenant's expense. UNDER NO CIRCUMSTANCES IS A TENANT TO HAVE THEIR WINDOWS OPEN WHEN THEIR UNIT HEATING OR COOLING IS ON! If such activity is observed by management, the tenant will be warned about the wasteful use of utilities. A second warning will result in probationary status with termination of tenancy resulting from a third warning of this utility violation. F. USE OF SINK GARBAGE DISPOSAL: Flipping the switch on the wall above your sink activates the in-sink garbage disposal. Tenant must always run the water when operating the disposal. If the disposal will not work, see that there is not a utensil or other inappropriate object in the disposal. Next, look for the red reset button under the sink located on or under the disposal housing. Push the reset button and try running the disposal again. If in doubt, or if an object is tightly lodged in the disposal, fill out a maintenance request for assistance. Never put your hand in the drain area when the disposal is running! Use caution when operating the disposal and cover the drain with a flow-through stopper when operating the disposal to protect against projectiles. The following items should be disposed of conventionally and never put into the garbage disposal: Do not put these items in your garbage disposal or drain: Bones Banana Peels Fruit Pits Corn cobs and husks Meat Fats Cabbage Cores Grease, Oil or Lard Heavy fruit husks or thick peels Paper, metal or plastic G. USE OF TRASH ROOMS AND RECYCLING: The trash rooms on each floor have a list of recycling materials for proper disposal and each tenant should consult the list. Tenants are to separate their household garbage and trash for recycling as follows: Page *20- Filo:F*, TWP:handbook ~: ': :.. :' : "*~ Newspapers - are to be put into the designated box on the floor in the trash room on each floor. DO NOT PUT magazines or cardboard in this receptacle. Magazines may be discarded down the chute. Corrugated cardboard boxes should be made flat or cut-up and placed beside the recycling containers. Cereal boxes or small gift boxes may be disposed of down the chute. Metal cans, glass containers, and plastic containers o MUST BE RINSED-OUT and placed in the designated recycling barrel in the trash room on each floor. DO NOT PUT FOILS, WRAPS, PACKAGING, PAPER, FOOD, ETC. IN THE RECYCLING BARREL. RINSE-OUT RECYCLABLES BEFORE DISCARDING!! Garbage - is to be placed in a sealed or tied plastic bag and taken to the trash room, centrally located on each floor, and thrown down the chute. DO NOT empty a trash can directly into the chute, as this causes odors and vermin problems. Items which are too large to fit down the chute, must be disposed of privately by the tenant. Do not leave items on the floor of the trash room. Furniture items, large personal appliances, etc., are NOT to be left in the trash room or in the maintenance area. Each resident is responsible for having old furniture and personal appliances hauled away and disposed of properly. El. USE OF LAUNDRY FACILITIES: The laundry facilities are open 24 hours a day and are for tenant's use only. Tenants and attendants using the laundry facilities to wash clothing are responsible for turning off the lights when they are the last ones to use the facilities. Tenants are not permitted to use the laundry facilities to wash clothing for friends or relatives, nor are tenants to permit friends or relatives to use the laundry facilities unless the person is laundering clothes for the tenant. Guests are permitted to use the laundry facilities only if they are overnight guests registered with the office and are staying more than five (5) days. The following additional rules apply to the laundry facilities: 1. Heavily soiled or unusually dirty laundry (including bodily waste and fluids) must be pre-cleaned in the tenant's apartment. The use of a disinfectant, such as Lysol, is recommended before and after each load. (Pet owners should consult the pet rules for special instructions on laundry usage.) 3. The laundry equipment is to be operated only by persons age 16 or older. 4. Do not overload the washers or dryers. Remove clothing from the appliance immediately after the cycle is completed. If other tenants are waiting to use the equipment and clothes are left in the appliance, the clothing may be removed by the waiting party and placed in a basket, or on top Page File:F: TWP:handbook of the appliance, to permit usage by the next person. 6. Dyeing of clothes in the washers is prohibited. I. SPECIAL CONSIDERATIONS FOR VISITING CHILDREN: Children are welcome guests at this facility. However, if children under 16 come to visit a tenant unescorted by an adult, the tenant host must come to the entrance lobby to escort the child or children into the building and to the tenant's apartment. Children are not to run through the halls or on the sidewalks or ride the elevator unescorted. Remember, children are welcome guests but they must be supervised directly by their tenant host when outside of the apartment. J. FOOD AND DRINK COMMON AREAS: Eating and drinking is not permitted in the elevators, hallways, or in the main entrance lobby. Eating and drinking is permitted in all other common areas, however, any spills or messes must be cleaned up by the responsible party. K. SMOKING: Cigarette, pipe, and cigar smoking is permitted only in the tenant's apartment and the exterior of the building. Cigarettes, cigar butts and ashes from smoking outdoors are to be extinguished and discarded in the outdoor receptacles only. Do not throw ashes or cigarette / cigar butts on the lawn or in the flower beds. Smoking is not permitted in the common areas, including elevators, laundry facilities, restrooms, and stairwells. Please make your guests aware of this policy as well. L. EMERGENCY MEDICALINFORMATION: Upon move in, each tenant is provided with an emergency medical form to indicate emergency information and contact persons. This information will be kept confidential. Please complete the form thoroughly and return it to the office immediately. The office will keep the original and return a copy to tenant to be posted on the inside of tenant's apartment door in case of an emergency. This form should be updated periodically by each tenant. If you have a change in medications, medical conditions, contact persons, telephone numbers, or doctors, please see the office for a new emergency form. It is tenant's responsibility to see that the office has the most current information should there be a need to access it. M. BUILDING MEETINGS: Periodically, the manager will conduct "building meetings". The meetings are scheduled in advance and tenants will be notified in writing of the meeting dates and times. Every tenant is encouraged to attend these meetings to receive important informational updates, discuss ideas and issues with the manager, as well as to meet any new staff and review important procedures. Please take advantage of these meeting opportunities to directly learn about the issues that affect you and to help formulate new ideas and aid in decision making. If tenants have ideas or concerns Page -22- File:F: TWP:handbook about the facility and do not attend these meetings they are missing out on an opportunity to make a difference and/or learn correct and helpful information. N. INCIDENT REPORTING: If a tenant suspects another tenant is violating house or lease rules or has a complaint about the conduct of other tenants or guests, then the tenant with the complaint should see the manager personally. It is more likely that the problem can be quickly corrected if the complaint or report is made in writing, signed and dated. The identity of the tenant making the report or complaint will be held in strict confidence. Tenant's privacy and anonymity is of utmost importance in this facility. Remember, if a tenant has a complaint or problem, he/she must see the manager if the tenant expects resolution. The staff cannot be at all places at all times to witness violations. Enforcement of the rules requires the cooperation of everyone to ensure peace and safety for all tenants. In instances of criminal activity_ or possible danger, do not hesitate to call the police. The manager may be able to assist but every tenant should feel free to exercise their right as a citizen to call for police help when there is a serious incident, or if staff is immediately unavailable. O. RIGHT OF PRIVACY/REASONABLE CAUSE FOR EMERGENCY UNIT ENTRY: Often, the issue arises regarding the health and safety of a resident who others may have not seen in their normal routine. Occasionally, friends, neighbors, and relatives have concern for a tenant who has not been seen and request that staff enter the apartment to check on the welfare of a tenant. Staff must have significant and reasonable cause to enter an apartment. Our policy is to first respect the tenant's privacy. The staff does not perform routine "checks" or "headcounts", as this is an independent living facility. This facility does not directly provide assisted living service. For tenants who have recently been ill or have medical or other conditions which may require monitoring it is suggested that arrangements for a monitoring system be made privately. If friends, neighbors, or relatives can provide staffwith sufficient cause for concern then staffwill enter the apartment personally. The key will not be given to the concerned person, and the concerned person must wait outside of the apartment. Staff will not enter the apartment in this incident without another staff member. If another staff member is unavailable, then the concerned family member, tenant, or friend shall accompany the staff member to the apartment and remain outside of the apartment during staff entry. Entrance will not be made into the unit without first opening the door and announcing entry from the hallway. Respect your neighbor's right of privacy. Do not come to the lobby or crowd a hallway to investigate when an ambulance comes to the building. Not only is it an invasion of privacy but a gathering crowd may interfere with emergency personnel. Page .23. File:F: TW?:handbook A FINAL WORD: Please remember that this is a facility full of all kinds of people; people with different abilities, tastes, beliefs, philosophies, education, backgrounds, religions, likes, and dislikes. It is important that we all accept and respect this fact if we want to live in a peace and harmony. These house rules have been created to allow for such an environment. The staff encourages everyone to make friends, to get involved in activities inside and outside the building and to volunteer. Most importantly, we encourage everyone to respect their neighbor's privacy. Do not get caught up in jumping to conclusions and passing judgment on others. See the manager when you need clarification. Be appreciative or supportive of those who volunteer and provide services, even if you choose not to participate. Remember, it is best if you have nothing nice to say.., say nothing at all! We are glad to have you join us at Two West Penn. Welcome! ELDERLY PUBLIC HOUSING by and between THE HOUSING AUTHORITY OF THE COUNTY OF , / CUMBERLAND and , Effcctivc this date tho existing Rcsiddmtal DwcIling I2~ bctwccn thc two above listcd parties has bcen amended as follows: 6. Obligation of Tenint (addition) T. Not to display, use, or possess or allow members of Tenant's household or guest to display, use or possess any firearms (operable or inoperable), or other offensive weapons as defined by the hws and courts of thc Commonwcalth of Pcnnsylvania anywhcrc in thc unit or cls~whcrc on thc property of the Authority. Proccdures for Termination of Lcasc (replacement of sections B, C, and D; addition scction E) B. Management shall give writ'ton notico of the proposed torminalion of tho Lcasc of.' 1. Fourteen (14) days in the casc of failure to pay rent; 2. A reasonable th-nc, but not to exceed thirty (30) days, considering the seriousness of the situation whcn thc health or safety of other tenants or Authority staff is threatened; or (1) · Thirty (30) days in any other caso. (2) The Notice of Termination to Tenant shall state specific reasons for thc tcrmination, and shall inform Tcnant of his or her right to make such reply as he or she may wish, and of Tenant's right to cxaminc Authority documcnts directly rclcvant to thc tcrmination or eviction. When the Authority is required to offer Tenant the opportunity for.[~ PLAINTIFF'S EXHIBIT a grievance hearing, thc not/cc shall also inform Tenant of thc right to request such a hcadng with the Executive Director within ten (10) worldng days ofrcc¢/vin§ thc original termination notice. Notwithstanding the foregoing, the Tenant shall have no fight to request a hearing in cases involving a tcrminat/on of' tenancy for an activity including but not limited to criminal activity, that threatens thc health, safety, or right of a peaceful enjoyment of'thc project premises by other tenants or cmployccs of management, on or off such premises by Tenant, any members of the Tenant's household, or guests or other persons under thc Tenant's control. Upon expiration of'thc applicable notice period as set forth in thc written notice provided to thc Tenant, set forth in Paragraph B above,, and if applicable, upon failure of Tenant to request a hearing with thc Executive D~rcctor, as set forth in Paragraph B above, then manage- ment shall gtvc written notice specifying that if Tenant fails to vacatc thc prcmiscs within thc applicable period, set forth herein, appropriate action will bc brought against thc Tenant, and thc Tcnant may bc required to pay thc costs of court and attorney's fees. Thc notice to vacate or quite shall provide that: In case of.failure of. the Tenant to satisfy any rent reserved and duc, thc notice shall specify that Tenant shall remove within ten (10) days bom thc date of service of file notice; and In case of breach of any of the conditions of thc Lease, except for the payment of rent, the notice shall specify tluat Tenant shall rcrnov, within fifteen (15) days from thc date of service filer¢of. E. ff a Tenant is late in payiv41 the rent four (4) times in a one year period, tho Housing Authority may not renew a Lease with Tenant. written. IN WITNESS WHEREOF, the parties hereto set their hand and seals the day and year first above . .oo 'ms uousnvo A.trmom'ry o}, THE COUNTY qF ~'UMBE~/ Tenant By_ PUBLIC HOUSING LEASE ADDENDUM Effective October 1.1999 the Quality Homing and Work Responsibility Act of 1998 (QWRA) established new requirements for the treatment of income changes resulting from welfare program requirements. The Housing Authority of Cumberland County will not reduce the public housing rent for families whose welfare assistance is reduced specifically because of:. -. Fraud; or Failure to participate in an economic self-sufficiency program; or Noncompliance with a work activities requirement However, the Housing Authority of Cumberland County will reduce the rent if the welfare assistance reduction is a result of: The expiration of a lifetime time limit on receiving benefits; or A situation where the family has complied with welfare program requirements but cannot or has not obtained employment, such as: The familly has complied with welfare program requirements, but the durational time limit, such as a cap on the len~h of time a family can receive benefits, causes the family to lose their welfare benefits The Quality Housing and Work Responsibility Act of 1998 mandates Public Housing Authorities to require that adults living in public housing comply with community service requirements as follows: A. REQUIREMENT Each aduk resident of the PHA shall: Contribute 8 hours per month of community service (not including political activities) wkhin the community in which that adult resides; or Participate in an economic self-sufficiency program (defined below) for 8 hours per month. B. EXEMPTIONS Copyright 1999 by Nan McKay & Associates To be reprinted only with permission of Nan McKay & Associates Unlimited copies may be made for internal usc 10/1/99 ACO The PHA shall provide an exemption from the community service requirement for any individual who: Is 62 years of age or older; is a blind or disabled individual, as def'med under section 216[i][1] or 1614 of the Social Security Act, and who is unable to comply with this section, or is a primary caretaker of such individual; Is engaged in a work activity as defined in section 407[d] of the Soci&l ~ecurity Act; Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or Is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program. The PHA will re-verify exemption status annually except in the case of an individual who is 62 years of age or older. The PHA will permit residents to change exemption status during the year if status changes. C. DEFINITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement, participating in an economic self-sufficiency program is defined, in addition to the exemption definitions described above, by one of the following: Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan; Participating in an educational or vocational training program designed to lead to employment, at least 30 hours per week; Improving the physical environment of the resident's development; Volunteer work in a local school, hospital, child care center, homeless shelter, or other community service organization; Copyright 1999 by Nan McKay & Associates To be r~prlntexl only with po-mission of Nan McKay & Associaxes Unl~mited copies may be made for internal use 10/I/99 ACO Working with youth organizations; Helping neighborhood groups on special projects; Raising young (pre-school) children at home where spouse is working; Participation in programs that develop and strengthen resident self- responsibility Such as: Drug and alcohol abuse counseling and treatment Household budgeting Credit counseling English proficiency; or Other activities as approved by the PHA on a case-by-case basis. The PHA will give residents the greatest choice possible in identifying community service opportunities. The PHA will consider a broad range of self-sufficiency opportunities. D. ANNUAL DETERMINATIONS Requirement - For each public housing resident subject to the requirement of community service, the PI-IA shall, 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with the principles of due process and on a nondiscriminatory basis. E. NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied with the requirement, the PHA shall notify the resident of such noncompliance, and that: The determination of noncompliance is subject to the administrative grievance procedure under the Housing Authority's Grievance Procedures; and Unless the resident enters into an agreement to comply with the community service requirement, the resident's lease will not be renewed, and The Housing Authority may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to temdnate Copyright 1999 by Nan McKay & Associates To be reprinted only with permission of Nan McKay & Associates Unlimited copies may be made for internal use ! 0/1/99 ACO the tenancy of the household, unless the PHA enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the community service requirement, by participating in an economic self-sufficiency program for or contn'buting to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. Ineligibility for Occupancy for Noncompliance The PHA shall not renew or extend any lease, or provide any new lease, for a ci~velling unit for any household that includes an adult member who was subject to the community service requirement and failed to comply with the requirement. F. PHA RESPONSIBILITY The PHA will ensure that all community service programs are accessible for persons with disabilities. The PHA will ensure that: The conditions under which the work is to be performed are not hazardous; The work is not labor that would be performed by the Housing Authority employees responsible for essential maintenance and property services; or The work is not otherwise unacceptable. G. PHA IMPLEMENTATION OF COMMUNITY SERVICE REQUIREMENT The PHA will administer its own community service program, with cooperative relationships with other entities. The PHA will provide to residents a brochure of community service and volunteer opportunities available throughout the community. Addkional language has been added to 2E. Security Deposit The Housing Authority will not return the security deposit il'the tenant does not provide a 30 calendar day Notice of Intent to vacate, has leased the unit for less than a 12 month period, or has not provided the Housing Authority with a forwarding address. If the tenant transfers to another unit the Housing Authority will transfer the security deposit to the new unit. The tenant will be billed for any maintenance or other charges. Copyright 1999 by Nan McKay & Associates To b~ r~printed only with po-mission of Nan McKay & Associates Unlimited copies may bc mad~ for inttn-nal usc 10/1/99 ACO This Lease Addeudnm is incorporated into the Lease executed or renewed thi.~ day between Owner a~d Temu~t. OWNER TENANT Copyright 1999 byNaa McKay & Associates To I~ reprinted only with permissio~ of Nan McKay & Associates Unlimited copies may I~ made for internal use 10/1/99 ACO LEASE ADDENDUM. attached to tim original lease for your apattment----'Xo..,o shall be By the.signing of this agreement, your original lease, with the addition of the following: ,, *To pay all the necessary legal fees expended by management for enforcentent of rite Provisions of fids lease agreement. *If a tenant is late in paying the ~ent three times in a one year period, rite Housing Authority will not sign a new lease with them. Effective date. of revision July 1, 1999. shall be extended one year 'from the expiration date of the original document. All prescribed roles a~d regulations incoxporated in fids, the original lease, shall also be extended for ttds Lime period. Rent for the eriod be~mnin~ o), ')'- O O and endin~ at micLni,ht ') '.>~1-O1 ,shallbe )~* "~c/ ,payable~totlaterthan.~-J.Ofl . Thereafter, nt°nthly ~et~t itt that amoum of j~c.} M. shall be due on or hero,re the first day of each month. A late charge of $25.00 shall be imposed for any ~ent not ~eceived by the filth worlotg day of the month. " MEIVIBER OF TENANT'S HOUSEHOLD HAVING RIoI-rr or IN WITNESS ~OF, rite parties hc~'eto have hereu~to set their han~ and seals the day and year first above written. WITNESS WITNESS HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Cumberland Comnty Housht~ th°rity WITNESS TENANT l~e~dd, doc Ill PLAINTIFF'S 1 EXHIBIT · LEASE ADDENDUM This lease addendum ~nade this your)'~5' day of~~>~cxxo, x2 20~ ~G~Q_[_, shall be attached to the original lease for apartment t~ ~ ] 0 7 By the signing of this agreement, your original lease, with the addition of the following: *To pay all the necessary legal fees expended by management for enforcement of the provisions of this lease agreement. *If a tenant is late in paying the rent three times in a one year period, the Housing Authority will not sign a new lease with them. Effective date of revision July 1, 1999. shall be extended one year from the expiration date of the original document. All prescribed rules and regulations incorporated in this, the original lease, shall also be extended for this time period. Rent for the period begin, ning ~. · ) -© ] and ending at midnight \ Xx c-~..h_ shall be%l ~ o~. - a able not later than o~..)J0! . '..,,-.... , · ..... p y ~}~ _ . · Thereafter, monthly rent in that amount of ) ~0~:~ shall be due on or' before the first day of each month. A late charge of $25.00 shall be imposed for any rent not received by the fifth working day of the month. MEMBER OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: ~ , IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS BY HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Cumberland County Hous~ . ~uthori~/ WITNESS TENANT leaseadd.doc T0:717 854 793~ LEASE ADDENDUM THIS LEASE ADDENDUM, made this ~ %~' day of ~' ',.~,.o,{ ~ ,2002. by and between the Housing Authority of the Count~of Cumberland~-a~d Larry Wilkinson, shall be attached to the original Lease for Apartment No. 107, Two West Penn Apartments. Carlisle, Pennsylvania. Upon execution of this Addendum, the original Lease for the undersigned Tenant shall be extended to January 31, 2003. Incorporated herein are all prescribed rules and regulations for Two West Penn Apartmen~ and the terms and conditions of the odginal Lease. Notwithstanding the foregoing, the parties hereto agree that Tenant does not waive any objections that he has to Paragraph IV.M., of the Tenant Handbook and House Rules, pertaining to unit transfers/specially equipped units. Upon execution of this Addendum, it is agreed and understood that the following provisions are incorporated into the Lease Agreement: Tenant is to pay all the necessary legal fees expended by management for enforcement of the provisions of this Lease Agreement. If the Tenant is late in paying the rent three (3) times in a one-year period, the Housing Authority will not sign a new Lease Addendum with Tenant. Rent for the pedod beginning February 1, 2002, and ending at midnight January 31, 2003, shall be One Hundred Sixty-Eight Dollars ($168.00), payable no later than February 1, 2002, and, thereafter, monthly rent in the amount of One Hundred Sixty-Eight Dollars ($168.00) shall be due on or before the first day of each month. A late charge of Twenty-Five Dollars ($25.00) shall be imposed for any rent not received by the fifth working day of the month. Members of Tenant's houSehold having right of occupancy: Larry WilkinsOn 'IN WITNESS wHEREoF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND ~ .- ' ~' LARRY WILKINSON F:~HOUSTO N~LesAdd ~ HOUSING AUTHORITY OF CUMBERLAND COUNTY TWO WEST PENN APARTMENTS TWO WEST pENN STREET CARLISLE, PA 17013 (717} 249-3484 J~me 5, 2000 TO: Residents of TWP FROM: Cathy ~ SUBJECT: Gossipin~ and httrtful t~lking For those of you who aren't gossipi~ and sayi~ hurtful tlgngs to other residents of TWP, please disregard this letter. The gossiping in this building mu.st stop! Those of you who are doing it don't realize what you are doing to thc person you arc Diking about. It can cause even more physical or mental problems than what they already have! Also, httttful Diking to someone else must stop. If you cannot say nice to mother person, don't say anything at all. We have alot of great activities going on in this building - the first time in our history. Let's keep it going! You don't reali~,e all of the good our activities are doing. I don't Wahl it spoil'ed by gossip or httrt~ t~king! If there is a problem go/ag on, kt mc know about it. Talldng about it all over the building wiit not solve anyth/ng, it will only make things worse! Also, gossi~ is considered harassment. If it can be proven, it can be cause for termination of your lease. Any questions about ~ letler, come and talk to me. /. GOEBEL & VIGEN r'S¥CH 0 UC, G I~'~ P. 02 June 20, 1997 Honorable William O'Bryan Adnfinistrative Law Judge Oklahoma City, Oklahoma RE: Larry W. Wilkinson SSN: 447-48-3289 Dear Judge O'Bryan: I have met with, briefly interviewed, mad reviewed two letters concemhag the psychiatric diagnosis of Mr. Larry W. Wi].k.inson. In letters apparen, tly already in your possession from Mr. Brian McDowell, a Master of Divinity and counselor/therapist, and Dr. Gerald Baker, a licensed psychologist, both in Shreveport, Louisiana, both men confirm a DSM-IV diagmosi, s of Bipolar I Disorder, 296.54, wiU~ the fourth and fifth digits indicating rapid cycling pattern and severe manic episodes with psychotic features. Although I have not psychometrically tested Mr. Wil 'kinson or had the opportunity to thoroughly review his psychiatric history, he presents a lfistory and presents interpersonally in a way w}fich i.s consistent with this diagnosis. As I understand lC, the cra'rent ques[ion concerns the extent to which previous disability awards to Mr. Wilkinson may have been based on a diagaosis of alcoholism or alcohol abuse. It is my hope to clarify and separate that issue from the issue of the Bipolar Disorder. Mr. Wilkinson is forthcoming in admitting to a history of alcohol abuse but this is not of a type, intensity, or duration which under any imaginable circums 'tances would produce the psychiatric sy~ptoms which I and these other professionals diagnose as Bipolar Disorder. It is conunon for people with the diagnosis of Bipolar Disorder to self-medicate with alcohol and other substances and such co-occure.nce is well documented. In general we consider a history i~f alcohol abuse in a person diagmosed with Bipolar Disorder az secondary to and a product of the primary disorder of Bipolar Disorder'. Wilkinson, Larry Page 2 of 2 In nay brief discussion with Mr. Wilkinson it also appears he has never received adequate and continuing psychiatric treatment to assist him in managing the difficulties that arise as a product of his Bipolar Disorder. While I realize filet is away from point in this current issue I wish to document and leave that for your consideration. If I may be of any £u..~'ther assistance in this matter please contact me. A. Michael Johnson. Ph.D. Cl. inical Psychologist License Number: 703 AMJ/sd The Vet Center 2800 Youree Drive Shreveport, LA 71104 (318)861-1776 June 6, 1997 PalE: Larry. W. Wilkinson SSN: 447-48-3289 To Whom It May Concern: This 50 year old white, male veteran presented himself to this Vet Center for assistance on this date. He has a diagnosis of Bipolar I Disorder, DSM-IV 296.54. Specifically, Mr. Wilkinson is requesting some interpretation of this diagnosis. The initial question pertains to any relationship of this diagnosis to co-occurring alcohol dependency. Any time the symptoms, especially the Manic and Depressed episodes, occur without there having been any alcohol used for a period.of at least one month, the diagnosis must be that of'Bipolar I and not Substance-Induced Mood Disorder. According to Mr. Wilkinson and the records he provides, his symptoms have occurred and been observed clinically altogether apart Rom any substance use/abuse. In this situation, the diagnosis, 296.54 is independent of alcohol abuse, and would be in existence if alcohol abuse were not in the picture. The severity index of"4" indicates the presence of either delusions or hallucinations or both, and these features are associated with a very poor prognosis, i.e., the conditions will not improve, in order to assign a severity index of"4", as has been assigned to Mr. Wilkinson, there must be an observable disability (e.g., inability to work or care for children), as required by DSM- IV (see pages 376-377). Also, this severity rating is the most severe tbrm of Bipolar I Disorder. Mr. Wilkinson states that the VA Medical Center psychiatrists who cared for him in Kansas City, stated that he is a rapid cycler. Again, according to DSM-IV, rapid cycling o,~curs'in approximately 55~) to 15% o[' persons with Bipolar I Disorder and is associated with a poorer longer-term prognosis (see pp. 390-391). This veteran is obviously bright and well educated but given his history of work and homeslessness suggests that his mental condition interferes significantly with his ability to carry on a normal lite. Please give this worthy veteran eve:-y possible consideration. Sincerely, B~~ i~. McDowell, M.Div. Readjustment Counselor-Therapist EXHIBIT GERALD K. BAKER, PH.D. '702 KINGS HWY. To whom it may concern: This is to confirm I have reviewed Mr. Larry W. wilkinson's (447-48-3289) records and also have conducted a brief evaluation. I would presently concur with the diagnosis of DSM IV 296.54 which he received 6/96 at the Kansas City, VAMC. This-diagnosis would exist exclusive of any alcohol use. In my opinion he i~ unable to obtain gainful employment and is presently disabled. This appears to be a chronic condition with a poor prognosis. ' .... ~ .... ~ ~ '~ ~, ..... ' 114 N. HANOVER ST. - ST]~. 104 · CARLISL~ PA 17013~2445 TelephonegrDY (717) 249-1~15 -(717) 6~7-770~ · (717) 532-8805 · l~hx(71T) 249-5988 · ~cha~pa. net HOUSING AUTHORITY z~,.~:~ ........... ~!!!!~!i ~,; :::::::::::::::::::::::::::: ~: i~.~. · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive Services/Empowerment Programs · November 30, 2000 Mr. Larry Wilkinson cio John J. Baranski, Jr., Esquire Law Offices of Harold S. Irwin, Ill 35 East High Street, Suites 201 and 202 Carlisle, PA 17013 RE: Summary of Informal Hearing - August 22, 2000 Dear Mr. Wilkinson: As a follow up to your attorney's letter of November 28, 2000, it is our understanding that you do not wish to continue to waive the five day time period for issuance of the summary of the above-referenced informal hearing. Accordingly, the summary of the discussion is as follows: 1. Names of Partici_oants - John J. Baranski, Jr., Esquire, christopher C. Houston, Esquire, Larry Wilkinson, Kathleen Laser, Yvonne Heckler, and Christopher Gulotta Date of the Meeting - August 22, 2000 Nature of the Proposed___DLsp_~_.~_~iti_0n_ - By lette,' dated August 1,2000, K~thlee~ Laser, Assistant Director of Operations for the Housing Authority (hereinafter th9 "Authority") advised Mr. Wilkinson, a resident of Two West Penn Apartments, Apartment 107, that Mr. Wilkinson was going to be evicted from his apartment based on the fact that he failed to comply with the Lease Agreement Addendum, specifically Section M of the Tenant Handbook and House Rules, as it pertains to the transfer of an ineligible tenant from a "mobility equipped" apartment to a conventional (non-equipped) unit. It is the Authority's position that it has taken int° consideration Mr. Wilkinson's disability and made reasonable accommodation in the request for transfer by offering the following: SERVING CUMBEBLAND COUNTY SINCE 1975 Mr. Larry Wilkinson 2 November 30, 2000 Ao Giving a longer time period than required to accomplish the transfer; Providing a larger apartment; So as to relieve the stress upon Mr. Wilkinson, utilizing the Authority staff to assist in the move; and Paying for the TV Cable transfer charges, in addition to the payment of the costs required by the Tenant Handbook and House Rules. Mr. Wilkinson has argued that a reasonable accommodation would be to allow him to continue to stay in his apartment and not be required to transfer. At the informal headng, Mr. Wilkinson provided medical reports confirming Mr. Wilkinson's disability as well as a copy of a memorandum from Mr. Wilkinson's son requesting that the Authority reconsider its position on proceeding with the eviction. Due to the fact that the Authority has received a request from a mobility impaired disabled person to occupy a specially equipped unit and due to the fact that Mr. Wilkinson occupies a unit specially equipped for the mobility impaired, and he does not need the specially equipped features of his unit, then in accordance with the Tenant Handbook and House Rules, Mr Wilkinson is required to transfer. Due to the situation presented before it, i.e., the competing interests of disabled persons, the Housing Authority suggested at the informal hearing that an advisory opinion should be requested from the Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity. The parties agreed at the informal hearing to hold the eviction process in abeyance pending receipt of an advisory opinion from HUD, as aforesaid, which involved Mr. Wilkinson agreeing to waive the five working day period within which the Authority is to provide a summary and disposition of the results of the grievance hearing. Since the date of the informal hearing, the parties have been advised by HUD that it w~ll pot issue an advisr~ry r~pinlon. F~y !e~er d~ec~ November 21, 2000, couf'~sei for the Authority requested Mr. Wilkinson to continue the waiver of the five working day requirement for the issuance of the summary of the discussion, pending a conclusion of the HUD investigation and the Complaint pending before the Pennsylvania Human Relations Commission. By letter dated November 28, 2000, Attorney Baranski advised the Authority that Mr. Wilkinson would not continue to waive the five day time period for the issuance of the summary discussion and requested that said decision be issued. The proposed disposition is for the Authority to proceed with the eviction. Mr. Larry Wilkinson November 30, 2000 Specific Reasons for the Disposition - It is the Authority's position that Mr. Wilkinson has violated Section M of the Tenant Handbook and House Rules, which are incorporated into the Lease Agreement, in that Mr. Wilkinson has been requested to transfer from a specially equipped unit, the features of which he does not need, and he refuses to move. It is, further, the Authority's position that it has made a reasonable accommodation to Mr. Wilkinson for the reasons as set forth above. If you are dissatisfied with the proposed disposition of the grievance, you may submit a request for a hearing within fifteen (15) working days of the date of this letter. The request must be presented in writing to Christopher C. Houston, Esquire, Counsel to the Housing Authority, at 114 North Hanover Street, Carlisle, PA 17013. Your request must specify the reason for the grievance request and the relief sought. You must be advised that should you not request a formal hearing within the time period, as aforesaid, you waive your right to a hearing, and the Authority's proposed disposition of the grievance will become final. This does not constitute a waiver, however, of your right to contest the Authority's disposition in an appropriate judicial proceeding. Your attorney has previously been provided with a copy of the grievance procedures and you are advised to consult with counsel. Very truly yours, Director of Operations kb CC; Christopher C. Houston, Esquire Kathleen Laser Catherine Mowery Christopher Gulotta F:\HOUSTON\3NOV30.WPD A. Michael Johnson, Ph.D. 2016 FM 407 # 350 Highland Vllage. TX 75077 Phone - 9-r2-317-4625 Fax - 972-317-4518 John J. Baranski 35 East High Street Suite 201 Carlisle, PA 17015 January 31,2001 Dear Mr. Bamnski: I have been asked to write a letter on behalf of Mr. Larry W'flkinson related to his wish not to move from ~ 'Mobilily impaired' apartment into a 'regular unit'. I evaluated Mr. Wilkinson in 1997 and also reviewed the reports of other mental health pmf"~xtais. At that time it was my opinio~ that Mr. W'dkinson was accurately diagnosed with Bi-Polar Disorder. Bi-Polar Disorder ~ that we comn-~nly refer to as Manic Depression. in Mr. Wilkinson's case, this is a particularly difl",~t expression of the disease, including rapid shifts from manic to depressive phases and sevam manic epismJes ~ psychotic experiences. Those psycflolic expedencas may include delusions, parliculafly delusions of persecution and grandeur, hallucinations, and other disturbances of contact wlh reality. I also found thai, to thai date, Mr. Wiidnson's disease had not been adequately treated, probably due to the instability of his lire. He had evidentially abused alcohol in an effort to cope with his psychiatric ~ Bi-Polar dismder can be managed via medication and psychotherapy. However, it cannot be cured in ~ conventicnal sense. Continuing treelme~ and Ii~estyle adjustmeffls am required to redu(~ Itm probabili achieved. Bi-Polar diso~er creates a frag~e conditkm in people and therefore rendem them mom vulnerable to bom acute and ~ronic.~,-essers. Sm~ss has often teen associated as a tdgger~g event me illusion of power and control and because mai phase allows escape from reelity.into psych~m. Polar sufferers may choose not to take their medicaOon under stress in order to achmve that gain. / The risk of suicide among those suffering with Bi-Polar Disorder is o~ the ruder of five fold ',m. contr~..toL the general population. The risk of suicide is also elevated among d~seblad people, a.l~ohm,_.? ana.~e men beyond middle age. That said, i~ is quitu reasonable to as.~ume that the Mr. Wilkinson s pole~tiel for suicide is quite high. Naturally, the bdroduction of any stressc~r, further raises the Ib~itood of suicide. In summary, it is my opinion that Mr. ~kinson's well being and safety are best served il' he is allowed remain in his ~t apartment. Please feel free to contact me ill meyhe of furlher assistance. Sincerely, A. Mictmel Johnson, Ph.D. SETTLEMENT AGREEMENT between The United. States Department of Housing and Urban Development and The Housing Authority of Cumberland C~unty 114 N. Hanover Street Suite 104 Carlisle, PA 17013-2445 (Recipient) Verified complaints, case number 03-00-0052-4 under Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504), and case number 03-00-0053-D under the Americans with Disabilities Act (ADA), having been filed August 10, 2000, and the Secretary of the United States Department of Housing and Urban Development, (the Secretary), having decided to resolve, and the.matter having been conciliated, it is agreed that a settlement be entered into under the following terms and conditions: WHEREAS the Complainant, Larry Wilkinson, alleges that the Recipient discriminated against him on the basis of his mental disability by failing to make a reasonable accommodation. The accommodation requested by the Complainant was that he not be transferred to another unit, but be allowed to remain in his unit (~107) located at Two West Penn Apartments, Carlisle, Pennsylvania. The Complainant also alleges that the Recipient's unit transfer policy has a disparate impact on mentally disabled tenants. WHEREAS the Recipient and the Department engaged in conciliation discussions on January 8 2002, to resolve this matter. ' WHEREAS the Recipient decided to resolve this matter without a finding and agrees to the following: I. Provisions 1. It is understood that this Agreement does not constitute an admission by the Recipient of any violation of Section 504, ADA, or State and local fair housing laws. 2. The Recipient shall fully comply with the provisions of Section 504, ADA, and State and local fair housing laws. 3. Upon the execution of this Agreement, the Recipient shall permit the Complainant to continue to reside in his unit, Unit 107, Two West Penn Apartments, Carlisle, Pennsylvania, and.~the Recipient will allow the complainant to reside in the unit as long as the Complainant continues to comply with the terms and conditions of his lease. 4. Within sixty (60) days upon execution of this Agreement, the Recipient will revise the language in its transfer policy to e~ure that it complies with all applicable fair housing laws an~ does not have a disparate impac~ on protected classes, including persons with physical and/or mental disabilities. 5. Within ninety (90) days upon execution of this Agreement, the Recipient must re-assess the needs of current tenants and applicants on its waiting list for accessible units, the extent to which such needs have not been met and alterations otherwise contemplated. 6. It is agreed and understood that the Secretary may review compliance with this Agreement, and as part of such review may require documentation concerning compliance, may examine records~ interview staff, and inspect the premises upon reasonable notice. 7. This Agreement shall become effective when signed by the Director of the Office of Fair Housing and Equal Opportunity and shall remain in effect until its provisions are fulfilled. If it is determined that the provisions of this Agreement are not being implemented, the Director of the Office of Fair Housing and Equal Opportunity will recommend hat the United States Department of Justice initiate court action to enforce the terms of this Agreement. II. Reporting Requirements 1. Within thirty (30) days of the effective date of this Agreement, the Recipient will submit to the Department its revised transfer policy. 2. Within ninety (90) days of the effective date of this Agreement, the Recipient will provide to the Department evidence of its re-assessment of the needs of current tenants and applicants on its waiting list fcr accessible units. If~the Recipient determines, on the basis of its re-assessment, that alterations to make additional units accessible must be made, the Recipient shall develop a plan to achieve accessibility. The plan shall, at a minimum, (1)identify physical obstacles in the Recipient's dwelling units that limit accessibility; (2)' describe in detail the methods that will be used to ~ke the Recipieht,s dwelling units accessible; a~d -(3) specify the schedule for taking the steps necessary to achieve compliance. SIGNATURE PAGE Section 504 case number - 0300-0052-4 ADA case number - 03-00-0014-D Chr'istopher Gulotta ~ Executive Director Housing Authority of Cumberland County ~f~ist~p~e~ , Esquire Representing Attorney Housing Authority of Cumberland County Date APPROVED ON BEHALF OF THE SECRETARY: Albert C.-~rier ' Equal Opportunity Specia.]ist Wanda S Nieves~ · , Director Philadelphia Hub, Office of Fair Housing and Equal Opportunity Date Date Date LARRY W. WILKINSON, Plaintiff Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on this ,~t~ day of February, 2003, a copy of the foregoing Complaint was served by first class mail, postage prepaid on the following: Elizabeth S. Shuster Chief Counsel PA Human Relations Commission 101 South Second Street, Suite 300 P. O. Box 3145 Harrisburg, PA 17105-3145 Wanda Nieves, Director Fair Housing and Equal Opportunity Housing & Urban Development Wanamaker Building 100 Penn Square East Philadelphia, PA 19107 By: BLAKEY, YOST BUPP & RAUSCH, LLP J-o~anski, Jr Esquire Attorney for Plaintiff Supreme Ct. I.D. No. 82585 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 Allen C. Warshaw, Esquire PA I.D. #17145 Klett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler LARRY W. WILKINSON, PLAINTIFF Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM PRAECIPE FOR APPEARANCE TO THEPROTHONOTARY: Please enter the appearance of Allen C. Warshaw, Esquire, of Klett Rooney Lieber & Schorling, on behalf of individually named Defendants Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler in the above-captioned matter. Dated: February 11, 2003 Respectfully submitted, KLETT LIEBER ROONEY & SCHORLING Allen C. Warshaw, Esquire Pa. I.D. No. 17145 A Professional Corporation 240 N. Third Street, Suite 600 Harrisburg, PA 17101 - 1503 (717)231-7700 Attorneys for Defendants Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler KRLSHAR:22887.1 CERTIFICATE OF SERVICE On the 1 lth day of February, 2003, I, Glenda K. Davidson, a secretary in the law offices of Klett Rooney Lieber & Schorling, hereby certify that I have served this day a true and correct copy of the foregoing Praecipe for Entry of Appearance in the above-captioned matter, via first class mail, to those persons and addresses indicated below: John J. Baranski, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Christopher C. Houston, Esquire Redevelopment and Housing Authorities of Cumberland County 114 North Hanover Street Suite 104 Carlisle, PA 17013 Glenda K. Davidson KRLSHAR:22887.1 Allen C. Warshaw, Esquire PA I.D. #17145 Jill M. Lashay, Esquire PA I.D. #79985 Kiett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler LARRY W. WILKINSON, Plaintiff, Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM PRELIMINARY OBJECTIONS Defendants, the Housing Authority of the County of Cumberland (the "Authority"), Christopher Gullota, Sue A. Wolf, Catherine Mowery, and Yvonne Heckler, by their undersigned counsel, file Preliminary Objections to the Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, stating as follows: COUNT I DEMURRER 1. In Count I of his Complaint, Wilkinson purports to allege a cause of action for negligent infliction of emotional distress. KRLSPGH:22985.1 2. Count I in legally insufficient in that the facts so alleged: a. Do not establish a contractual or fiduciary duty of care. b. Do not establish a breach of a contractual or fiduciary duty of care. c. Do not establish damages proximately caused by any breach of duty of care. d. Reveal that any alleged injuries result from a subjective reaction to events or circumstances and not from any act of the Defendants. COUNT II DEMURRER 3. In Count II of his Complaint, Wilkinson purports to allege a cause of action for violation of Section 504 of the Rehabilitation Act of 1973 and HUD Regulation 28 C.F.R. B, Ch. 1, §100.204. 4. Count II is legally insufficient because Wilkinson fails to state a cause of action for violation of Section 504 of the Rehabilitation Act of 1973 and HUD Regulation 28 C.F.R. B, Ch. 1, § 100.204.. Because Wilkinson never moved from his apartment, accommodations were not required. discrimination of any sort. Thus, he was not denied benefits or subjected to COUNT III DEMURRER 5. In Count III of his Complaint, Wilkinson purports to allege a cause of action for violation of the Americans With Disabilities Act and HUD Regulation 28 C.F.R. Part 35. KRLSPGH:22985.1 2 6. Count III is legally insufficient because Wilkinson fails to state a cause of action for violation of the Americans With Disabilities Act and HUD Regulation 28 C.F.R. Part 35. Because Wilkinson never moved from his apartment, accommodations were not required. Thus, he was not denied benefits or subjected to discrimination of any sort. COUNT IV DEMURRER 7. In Count IV of his Complaint, Wilkinson purports to allege a cause of action for violation of the Fair Housing Act of 1988. 8. Count IV is legally insufficient because Wilkinson fails to state a cause of action for violation of the Fair Housing Act of 1988. At all times Wilkinson remained in the unit, thus accommodation was not necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling. COUNT V DEMURRER 9. In Count V of his Complaint, Wilkinson purports to allege a cause of action for violation of the Pennsylvania Human Relations Act. 10. Count V is legally insufficient because Wilkinson fails to state a cause of action for violation of the Pennsylvania Human Relations Act. By his own admission, Wilkinson continues to occupy the apartment unit. Compl. ~122. Thus, he has failed to establish the denial of his request for accommodation. KRLSPGH:22985. ! 3 COUNT VI DEMURRER 11. In Count VI of his Complaint, Wilkinson purports to allege a cause of action for intentional infliction of emotional distress. 12. Count VI is legally insufficient in that the facts so alleged: a. Do not establish that the conduct of the Defendants was extreme and outrageous. b. Do not establish that the Defendants acted intentionally or recklessly. c. Do not establish that the Defendants' actions caused severe emotional distress and any resulting bodily harm. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] KRLSPGH:22985. I 4 WHEREFORE, Defendants, the Housing Authority of the CouNty of Cumberland (the "Authority"), Christopher Gullota, Sue A. Wolf, Catherine Mowery, and Yvonne Heckler, respectfully request that the Court dismiss the Complaint with prejudice. Respectfully submitted, KLETT ROONEY LIEBER & SCHORLING A Professional Corporation BY: Allen C. Warshaw, Esquire 240 North Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7718 Counsel for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonne Heckler Christopher C. Houston Housing Authority of the County of Cumberland 114 North Hanover Street, Suite 104 Carlisle, PA 17013-2445 Counsel for the Housing Authority of the County of Cumberland KRLSPGH:22985.1 5 LARRY W. WILKINSON, Plaintiff V THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3841 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objections was served upon the following by first class mail, postage prepaid, this 25th day of February, 2003, addressed as follows: John J. Baranski, Jr., Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 on, Esquire Attorney for Defendant Housing Authority Of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Il LARRY W. WILKINSON, hN THE COURT OF COMMON PLEAS Plaintiff ' V. THE HOUSING AUTHORITY OF THE : COUNTY OF CUMBERLAND; : CHRISTOPHER GULLOTA; SUE A. : WOLF; CATHERINE MOWERY; : AND YVONNE HECKLER, : Defendants : NOTICE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CWIL TERM YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pem~sylvania (717) 249-3166 AVISO USTED HA SIDO DEMAND)DO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACIION POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 LARRY W. WILKINSON, Plaintiff THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM FIRST AMENDED COMPLAINT AND NOW comes the Plaintiff, Larry W. Wilkinson, by and through his attorneys, Blakey, Yost, Bupp and Rausch, LLP, and files this first amended complaint and in support thereof, avers the following: 1. The Plaintiff is Larry W. Wilkinson, an adult individual, residing at Two West Penn, Unit 107, Carlisle, PA 17401 2. The Defendant Housing Authority the County of Cumberland (hereinafter "the Authority"), a municipal authority organized under the laws of the Commonwealth of Pennsylvania with offices at 114 North Hanover Street, Carlisle, Pennsylvania. 3. The Defendant Christopher Gullota (hereinafter "Gullota") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however, at all times relevant hereto, Gullota was the Executive Director of the Housing Authority of Cumberland County. 4. The Defendant Sue A. Wolf (hereinafter "Wolf") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however, at all time relevant hereto was the Senior Housing Property Manager of the Housing Authority of Cumberland County. 5. The Defendant Catherine Mowery (hereinafter "Mowery") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however at all times relevant hereto was the Manager of Two West Penn, a facility owned and operated by the Housing Authority of Cumberland County. 6. The Defendant Yvonnoe Heckler (hereinafter "Heckler") is an adult individual and resident of Cumberland County, whose residential address is unknown to Plaintiff, however and at all times relevant hereto was the Director of Operations of the Housing Authority of Cumberland County. 7. On or about May 1, 1998, Plaintiff entered into a lease agreement (hereinafter "the Agreement") with the Authority for a one-year term for Unit 107 at a facility known and numbered as Two West Penn, Carlisle, Pennsylvania. A true and correct copy of the lease agreement is attached hereto, incorporated herein and marked as Exhibit "A". 8. Two West Penn a federally subsidized housing thcility for the aged and disabled under the Office of the Department of Housing and Urban Development (hereinafter "HUD"). 9. Plaintiff is a permanently disabled individual due to his Bipolar Disorder and such information was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 10. Plaintiff's disability is Bipolar I Disorder, D.S.M. IV 296.54 (severe with psychotic features, meaning hallucinations and/or delusions). Plaintiff believes and therefore avers that this is the severest form of Bipolar I Disorder. 11. Plaintiff has suffered from chronic bouts ofhomelessness and as a result places inordinate value on having a home. 12. Plaintiff is on a VA Pension for this total and permanent disability and such information was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 13. At all times relevant hereto, Plaintiff had severely limited financial resources and no family support 14. Attached hereto, incorporated herein and marked as Exhibit "B" is a true and correct copy of a letter from Alfonzo F. Padilla, Acting Veterans Service Officer, which is the notification of disability which Defendants received as proof of Plaintiff's eligibility for housing at Two West Penn. 15. Plaintiff is also an admitted alcoholic, and such information was provided to Defendants prior to Plaintiff entering into the Agreement with the Authority. 16. Due to his disability, Bipolar I Disorder, D.S.M. IV 296.54, Plaintiff is susceptible to even mundane changes in his environment and lacks the ability to cope normally with stressors. 17. Due to his disability, stress causes a break down in Plaintiff's activities of daily living and from time to time, stress incapacitates Plaintiff. 18. West Penn. It was as a result of Plaintiff's disability that he was eligible for housing at Two 19. Plaintiff is in a protected class for purposes of anti-discrimination and fair housing laws. 20. Incorporated into the Agreement (attached hereto as Exhibit "A") are the Tenant Handbook and House Rules of Two West Penn Apartments (hereinafter "the Handbook"). A true and correct copy of the Handbook is attached hereto, incorporaled herein and marked as Exhibit 21. In addition to the Agreement and Handbook, Plaintiff executed the following lease addendums with the Authority: a. June 15, 1998, b. October 1, 1999, c. December 15, 1999, d. January 12, 2001 and e. February 1, 2002. These lease addendums are attached hereto, incorporated herein and marked as Exhibits "D- 1" through "D-5" respectively. 22. unit. Plaintiff has occupied unit # 107 since May 1, 1998 and continues to occupy said 23. Unit #107 is a ground floor unit, located at the end of hallway, directly adjacent to an exterior exit door from the building, and directly across the hall from a janitorial storage closet, making such unit unique. 24. According to the Authority, unit # 107 is a mobility-impaired unit designed for individuals in wheel chairs. 25. Plaintiff believes and therefore avers, that the only architectural differences between PlaintifFs unit and other efficiency units in Two West Penn are that PlaintifFs unit had a roll-in shower and has no entrance corridor. Rather than an entrance corridor, Plaintiff's unit opens directly onto the kitchen from the common hallway. 26. Prior to July 1, 2002, the Handbook contained the following language: M. UNIT TRANSFERS/SPECIALLY EQUIPPED UNITS: Due to operational concerns, management is unable to grant tenants requests for transfer to another apartment of facility under its operation. However, if the tenant is able to qualify for and obtain a physician's verification of handicap or disability requiting the design features of a unit specialty equipped to enhance mobility he/she may transfer to such a unit when on (sic) becomes available (See Manager for appropriate request form). If a tenant is verified as such and would like to transfer to a specially designed unit, the tenant should notify management in writing that he/she would like to be place on the waiting list for this unit. In keeping with fair Housing Law and HUD regulations, current tenants requesting a specially equipped unit who possess the appropriate verification, will be given first opportunity at these units ahead of eligible non-resident applicants. (Emphasis in original). 27. Prior to July 1, 2002 the Handbook further provided: If a family or individual without need for a specially equipped unit accepts and moves into one of these units, then they are doing so only on a temporary basis. If no one in the family is eligible for the unit and an eligible tenant or applicant applies for residency, then the existing eligible tenant (or family) will be required to transfer to a conventional (non-equipped) unit as soon as one becomes available, with at least 30 days written notice from the manager. The tenant shall be responsible for any electric or telephone utility hook-up fees (except for cable TV) incurred due to the transfer. 28. Paragraphs 27 and 28 above are hereinafter referred to as "the transfer provision". 29. At the time the Plaintiff rented the unit from the Authority in May of 1998, Plaintiff had a conversation with Defendant Mowery regarding the contents of the Agreement and the Handbook as then written, specifically, the transfer provision. 30. During that conversation, Defendant Mowery implied that Plaintiff would not be subject to the transfer provision in the Handbook, stating to Plaintiff"don't worry about it". 31. The Handbook provides for an in-house grievance procedure for tenants aggrieved by decisions of the Authority and Authority offices and/or employees. 32. In May of 2000, Plaintiff met with Defendant Mowery at Two West Penn, at which time she advised Plaintiff that the Authority received a request from another tenant for Plaintiff's unit and that Plaintiff would likely have to move. 33. Plaintiff requested reconsideration of the Authority's apparent decision to transfer him by using the in-house grievance procedure provided in the Handbook. 34. Through that grievance procedure Plaintiffmet with Defendant Heckler. 35. At the time of the meeting with Defendant Heckler, Plaintiff explained that the stress of relocating him would cause him emotional harm. Plaintiff pleaded not to be removed from his home and informed Defendant Heckler that that had a history of chronic homelessness and alcoholism. 36. At the time of the meeting with Defendant Heckler, Plaintiff offered to attempt to secure a physician's letter explaining the relationship between stress and his condition. Plaintiff further explained to Defendant Heckler that due to his limited resources and the VA Hospital in Lebanon and Steven Center's policies not to provide such letters, that the letter would be difficult to obtain. 37. Defendant Heckler stated that such letter would not be necessary. 38. Defendant Heckler, on behalf of the Authority, told Plaintiff that she would consider his request. 39. On May 26, 2000, Plaintiff received written notice from the Authority, authored by Defendant Wolf, that the Authority required him to transfer from Unit 107 where he had resided since May of 1998 to a unit on the second floor. 40. On June 2, 2000, Plaintiff received an additional written notice from the Authority authored by Defendant Heckler that Plaintiff must move. The notice and referred him to HUD for any further review of the Authority's decision. 41. On June 5, 2000, Plaintiff received a memorandum directed to all tenants at Two West Penn, advising the tenants that certain behaviors, namely gossiping about one another, could cause "even more physical or mental problems" than the tenants already have. A true and correct copy of the memorandum is attached hereto, incorporated herein, and marked as Exhibit 42. In or around the week of June 7 through June 14, 2000, Plaintiff had two telephone conversations with Defendant Gulotta wherein Plaintiff informed Defendant Gulotta that the move would be too stressful for Plaintiff and that stress aggravates his condition, causing him harm. 43. On June 15, 2000, Plaintiff received notice from Defendant Gullota, that Plaintiff would be moved, with the assistance of the maintenance staff, as the Authority's decision was final. 44. On July 14, 2000, Plaintiff, through counsel, requested, as a reasonable accommodation, that the Authority not subject Plaintiff to the transfer provision of the Handbook. 45. By letter dated July 18, 2000, the Authority, through its counsel, denied Plaintiff's request for a reasonable accommodation and demanded his transfer on or before July 31, 2000. 46. In that same letter, the Authority threatened to evict Plaintiff if Plaintiff did not vacate his home and move upstairs. 47. On July 28, 2000, Plaintiff filed a complaint with HUD and with the Pennsylvania Human Relations Commission (hereinafter "PHRC") alleging discrimination and a failure to make reasonable accommodations to Plaintiff due to his disability. Attached thereto were physicians' letters explaining the severity of Plaintiff's condition. 48. The Defendants received a copy of the HUD complaint, with the attached physician's letters, and therefore, knew unequivocally the severity of Plaintiff' s condition. 49. Attached hereto, incorporated herein and marked as Exhibit "F-1 through F-3" are true and correct copies of the physicians' letters that were attached to the HUD complaint explaining the severity of Plaintiff's condition. 50. On August 1, 2000, the Authority notified Plaintiff that he had ten days in which to vacate his home for failure to transfer to another unit. As part of this notice to vacate, Plaintiff was advised that he could appeal the Authority's decision to evict him by requesting a hearing with the Authority. 51. An informal hearing was scheduled with the Authority and held on August 22, 2000. The Authority did not render a decision at that hearing, however, it was clear to Plaintiff that the Authority would not grant Plaintiff his requested accommodation. 52. Following this hearing, Plaintiff began to suffer severe emotional distress at the prospect of having to vacate his home. 53. In an effort to alleviate some of the stress the Defendants were causing Plaintiff, Plaintiff began self-medicating through increased alcohol use. 54. Following the August 22, 2000 hearing, Plaintiff received notice the PHRC had scheduled a Fact Finding Conference on Plaintiff's complaint for November 13, 2000, however, that conference was cancelled. 55. Instead of the PHRC Fact Finding Conference, a Conciliation Conference with HUD was scheduled and held on November 14, 2000. 56. No resolution was reached at the Conciliation Conference, however, the HUD representative in attendance advised Plaintiff that Plaintiff would most likely have to move. 57. With no resolution at the Conciliation Conference, the PHRC Fact Finding Conference was rescheduled for December 19, 2000. 58. Prior to the fact-finding conference, on November 30, 2000, the Authority issued its formal decision from the August 22, 2000 grievance hearing. 59. In its decision, the Authority denied Plaintiff's request for a reasonable accommodation and held that Plaintiff had violated the provision of the Handbook by not transferring from his home and held that "the proposed disposition is for the Authority to proceed with the eviction." A copy of the Authority's decision is attached hereto, incorporated herein, and marked as Exhibit "G". 60. Upon receiving this notice, Plaintiff's emotional state deteriorated and the level of his depression, which had begun to deepen following the August 22, 2000 grievance hearing, worsened, along with the level of his alcohol use. 61. Plaintiff' condition was such that following the decision of the Authority on November 30, 2000, Plaintiffbelieved he would be evicted. 62. Plaintiff believes and therefore avers that an eviction would have resulted in a loss of the federal subsidy needed for Plaintiff to pay rent on his limited income. 63. Plaintiffbelieved and therefore avers that without a subsidy, Plaintiff would have been unable to located replacement housing of comparable quality, making Plaintiff temporarily homeless again until such time as Plaintiff saved sufficient deposit and moving monies. 64. At all times relevant hereto, the fear of eviction, the fear of the loss of his subsidy, the fear ofhomelessness, the fear of relocation and the fear of not being able to finance the protection of his rights, among other fears, were a tremendous psychological burden on Plaintiff. 65. In the Authority's decision, it advised Plaintiff that he had the right to request a formal heating, which Plaintiff did in a timely manner. 66. A hearing was not held. 67. On December 19, 2000, the Plaintiff and the Authority, represented by Defendant Gullota and Kathleen Laser, attended a fact-finding conference with the PHRC. Following the Conference, the PHRC commenced an investigation of the Plaintiff's complaint. 68. Throughout the period of the investigation, Plaintiff's request for a reasonable accommodation was still for consideration by the Authority, however, the Authority continued to deny the accommodation request. 69. Throughout the period of the PHRC investigation, the Authority's position was that Plaintiff would be evicted for failing to transfer. 70. As part of the PHRC investigation, Plaintiff submitted a letter from A. Michael Johnson, Ph.D. to the PHRC and a copy to the Defendants, explaining the relationship of stress to Plaintiff's condition and the likelihood that stress will result in harm to Plaintiff. Attached hereto, incorporated herein and marked as Exhibit "H". 71. On February 14, 2001, the PHRC issued a finding of No Probable Cause on Plaintiff's complaint. 72. Plaintiff was given the opportunity and did rebut the Findings of Investigation and Conclusions by the PHRC in reaching their findings. 73. On February 26, 2001 the PHRC notified Plaintiff that his rebuttal to their finding was being referred to the Regional Office Housing Supervision, the Housing and Commercial; Property Division Headquarters, and the Commission's Executive Director for review. 74. complaint. On March 9, 2001, Plaintiff was informed that the PHRC was dismissing his 75. Upon dismissal of Plaintiff's complaint, PlaintiWs condition worsened, believing that his eviction was imminent. 76. On March 19, 2001, Plaintiff requested a formal heating as provided for under 16 Pa. Admin. Code § 42.62 to contest the dismissal of Plaintiff's complaint in an effort to prevent an eviction, which Plaintiff believed, was imminent. 77. On March 20, 2001, Plaintiff receive notice that HUD was bringing an investigation of Plaintiff's complaint under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 78. On August 16, 2001, Plaintiff, for the first time, received written notice that the Authority was working with HUD "in an effort to allow Mr. Wilkinson to reside in his unit." 79. Although the Authority's August 16, 2001 letter was minutely encouraging, there existed extreme uncertainly as to whether the Authority would continue with Plaintiff's threatened eviction since the PHRC had yet to respond to Plaintiff's request for a formal hearing. 80. No further information was provided by the PHRC, HUD or the Authority as to what proposals were in effect to assist Plaintiff in remain in his home until March 15, 2002. 81. On October 23, 2001, Plaintiffreceived Notice from PHRC that his request for a Preliminary Heating had been denied. 82. On March 15, 2002, Plaintiffreceived notice fi.om HUD that HUD had entered into a settlement agreement with Defendants in an effort to resolve Plaintiff's complaint. A tree and correct copy of the Settlement Agreement is attached hereto, incorporated herein and marked as Exhibit 'T'. 83. Plaintiff is not a signatory party to the Settlement Agreement. 84. From May of 2000 through March 15, 2002, Plaintiffbelieved that he would be evicted for attempting to protect his interests and remain in his home and Plaintiff suffered emotional distress and other injuries as a result. 85. On more than one occasion from May, 2000 through March 15, 2002, Plaintiff suffered suicidal thoughts. 86. Prior to March 15, 2002, the Defendants never once conceded that Plaintiff's request for an accommodation had merit. 87. Even following the Settlement Agreement with iHUD, the Defendants have never conceded that Plaintiff's request for an accommodation had merit. 88. By the terms of the Settlement Agreement with HUD the Authority was required to permit Plaintiff to stay in his unit. 89. By the terms of the Settlement Agreement with HUD, the Authority was required to revise the transfer provision to comply with all applicable fair housing laws and to insure that the transfer provision does not have a disparate impact on protected classes, including persons with physical and/or mental disabilities. 90. The Handbook was amended as a result of the settlement agreement with HUD to read as follows: M. UNIT TRANSFERS WITHIN THE BUILDING: It is the general policy of Management that requests from residents asking permission to transfer to an apartment in another area of the building will be denied. Notwithstanding the foregoing, however, Management will always consider a request to transfer as a reasonable accommodation to a person with a disability. See Management with regard to any requests to transfer for the completion of the appropriate form. N. SPECIALLY EQUIPPED UNITS: The building has units designed for persons with mobility, sight and hearing impairments ("Accessible Unit"). The Accessible Units were designed and constructed specifically to meet the needs of persons requiring facilities and modifications offered in these units. Preference for occupancy of the Accessible Units will be given to families with disabled family members who require the modifications or facilities provided in these units. When an Accessible Unit becomes vacant, before offering it to a non-handicapped applicant, the unit shall be offered: (1) First, to a current occupant of another unit of the building or a comparable building under the Landlord's control, having handicaps requiring the accessibility features of the vacant unit and occupying a unit not having such features or if no such occupant exists, then (2) Second, to an eligible qualified applicant on the waiting list having a handicap requiring the accessibility features of a vacant unit. Nothwithstanding (sic) the foregoing, the Landlord shall consider all requests for a reasonable accommodation by applicants or current occupants of another unit in the building and implement reasonable accommodations to assist an applicant or current occupant with handicaps or disabilities, to include reasonable modifications to a dwelling unit and common areas at the expense of the Landlord, if necessary to permit a handicapped or disabled person the full use and enjoyment of a dwelling. (emphasis added). If a non-handicapped applicant accepts or moves into an Accessible Unit, then they are doing so only on a temporary basis. If no one in the family occupying the Accessible Unit has a handicap requiring the accessibility features of the unit, then the occupying tenant (or family) will be required to move to a conventional (non-accessible) unit as soon as one becomes available, upon at least thirty (30) days advanced written notice from the Landlord. The tenant shall be responsible for the costs of the move and moving procedures, if any. The Landlord shall be responsible fi>r any electrical or telephone utility (not including cable TV) hook-up fees incurred due to the transfer. Notwithstanding the foregoing, if the tenant or member of the family occupying the Accessible Unit has a non-physical impairment disability and requests a reasonable accommodation with respect to the transfer, then the Landlord shall implement reasonable accommodations to assist the tenant when such accommodations would not. constitute a (sic) undue financial or administrative burden or a fundamental alteration of the housing program. (emphasis added). 91. It was solely as a result of Plaintiff's persistence and desperate efforts to stay in his home that the settlement agreement between HUD and the Authority was reached and above changes to the Handbook made. 92. The changes to the Handbook, while solely the result of Plaintiff's effort to prevent harm to him, benefit all tenants of Two West Penn. 93. Had it not been for Plaintiff's need, as a result of his mental disability, to remain in his home, the Authority would not have revised the Handbook. 94. At all times relevant hereto, the Defendants refused to grant Plaintiff's accommodation request. 95. Had it not been for the intervention of HUD, Plaintiffwould have been evicted solely because Defendant refused to grant his accommodation request. 96. Plaintiff believed and therefore avers that the Authority entered into the Settlement Agreement with HUD to avoid further investigation by HUD. 97. Defendant Gullota, Heckler, Wolf and Mowery never entered into a Settlement Agreement with HUD. 98. Since Plaintiff's move-in, he has been timely with his rental payments and has passed all housing and housekeeping inspections. 99. At all times relevant hereto, Plaintiff was entitled to his requested accommodation because of his disability. 100. On more than one occasion throughout this dispute, Plaintiff advised Defendants that the stress they were causing him by first demanding that he move from his home and then, threatening to evict him, was damaging him. 101. At all times relevant hereto, Defendants were aware the damage unnecessary stress would have on Plaintiff because of statements Plaintiff made to Defendant Heckler and Defendant Gulotta and because Defendants were in receipt of the letter by A. Michael Johnson, Ph. D attached hereto as Exhibit" H" 102. At all times relevant hereto, Defendants were aware the damage unnecessary stress can have on individuals with mental disabilities as evidenced by the Defendants' memo dated June 5, 2000 attached hereto as Exhibit "E". 103. At all times relevant hereto, Defendants were aware of Plaintiff's disability, Bipolar I Disorder, and were aware of the detrimental affect that stress could have on Plaintiff because of his disability. 104. At all times relevant hereto, Defendant choose to act in direct contravention of their foreknowledge of his condition and the detrimental affects stress has on his condition in their actions to relocate or evict Plaintiff. 105. At all times relevant hereto, the accommodation requested by Plaintiff was reasonable as he was asking only not to be subject to the transfer provision. 106. At all times relevant hereto, the accommodation requested by Plaintiff was feasible. 107. At all times relevant hereto, any of the Defendants could have done the right thing and permitted Plaintiff to remain it his home. 108. At all times relevant hereto, the Defendants knew that moving upstairs was not an option for Plaintiff. COUNT I - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 109. Plaintiff incorporates by reference Paragraphs 1 through 108 of his complaint as if set forth herein in their entirety. 110. From May of 2000 through March 15, 2002, Defendants wrongfully failed to grant Plaintiff's requested accommodation. 111. At any time during that period, the Authority, Defendant Gullota, Defendant Heckler, Defendant Wolf or Defendant Mowery could have taken the proper position and considered Plaintiff's attachment to his home, his mental disability and the affects vacating his home would have on him and granted his accommodation. 112. As a purveyor of services to the mentally disabled, Defendants have a fiduciary duty to recognize the increased sensitivities of these individuals, including Plaintiff, to stressors and to avoid imposition of additional stress on these individuals, including Plaintiff. 113. As a purveyor of services to the mentally disabled, Defendants have a fiduciary duty to understand the eccentric behavior by tenants with disabilities, including Plaintiff, and to afford them leeway not normally afforded tenants in the usual landlord/tenant relationship. 114. Defendants are also aware of abnormal power and control they have over their tenants, including Plaintiff, because of the tenants' subsidies, the loss of which could make tenants homeless. SO, 115. Defendants breached their duty to Plaintiff by: a) failing to grant the accommodation he requested, b) failing to protect Plaintiff from additional stressors despite his repeated request to due c) failing to properly handle Plaintiff's emotional and mental fi.agility, d) creating additional stress and aggravating Plaintiff's condition by threatening to relocate Plaintiff against his will, fi.om his home of more than two years, e) creating additional stress and aggravating Plaintiff's condition by threatening to evict Plaintiff for failing to relocate. 116. By failing to grant Plaintiff's accommodation request, failing to properly handle PlaintiW s emotional and mental fragility, threatening to relocate him and threatening to evict him, Defendants caused Plaintiffphysical, emotional, psychological and financial harm. 117. The additional stress caused by Defendants injured Plaintiff in that Defendants' actions increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feeling of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain and k) reclusiveness. 118. Defendants' actions or inactions were the proximate cause of the above injuries. 119. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. COUNT II - VIOLATION OF SECTION 504 OF THE REHABILITATION ACT of 1973 (29 U.S.C. 794) and HUD REGULATION 24 CFR B~ Ch 1~ §100.204 Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 120. Plaintiff incorporates herein the averments of Paragraphs 1-119 of his complaint as if set forth herein in their entirety. 121. Section 504 of the Rehabilitation Act and the HUD Regulations 24 CFR B, Ch. 1 § 100.204, implementing the Act provide that it is unlawful for persons to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common areas. 122. An accommodation was necessary to afford Plaintiff equal opportunity to enjoy his home and prevent discrimination. 123. Over a period of twenty-two months, Defendants acted unlawfully when they refused to make accommodations in their rules and procedures, namely refusing to waive the transfer provisions of the Handbook for Plaintiff. 124. As a result of Defendants' refusal to make accommodations, in direct contravention of Section 504 of the Rehabilitation Act, and above cited HUD regulations implementing the Act, Plaintiff suffered harm. 125. By refusing to grant Plaintiff's reasonable accommodation request, Defendants caused Plaintiff physical, psychological, emotional and financial harm. 126. The additional stress caused by Defendants injured Plaintiff in that Defendants' actions increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiffs brain and k) reclusiveness. 127. Defendants' actions in refusing to grant Plaintiffs reasonable accommodation request for a period of twenty-two months, threatening to relocate Plaintiff from his home, and then threatening to evict Plaintiff, are the cause of Plaintiffs injuries. 128. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT III - VIOLATION OF TIlE AMERICANS WITH DISABILITIES ACT and HUD REGULATION 28 CFR Part 35. Larry W. Wilkinson v. The Housing Authority of Cumberland County 129. Plaintiff incorporates by reference Paragraphs 1 through 128 of his complaint as if set forth herein in their entirety. 130. The Americans With Disabilities Act (hereinafter, the ADA) and the HUD regulation implementing the Act at 28 CFR Part 35 requires that no qualified individual with a disability shall, on the basis of disability, be excluded from participating in or be denied the benefits of the services, programs, activities of a public entity or be subject to discrimination by any public entity. 131. Plaintiff is a "qualified individual" under the ADA. 132 The Authority is a "public entity" under the ADA. 133. The Authority's interpretation of its Handbook and the Authority's application of the Handbook, specifically the transfer provision, to Plaintiff, had a disparate impact on Plaintiff. 134. Through its interpretation of the Handbook, the Authority discriminated against Plaintiff by giving at least one physically handicapped individual preferential treatment over Plaintiff, a mentally handicapped individual. 135. Specifically, until HUD required Defendants to allow Plaintiff to stay in his home, for a period of twenty-two months, Plaintiff was being forced to choose between relocating from his home in order to allow a physically handicapped individual to occupy Plaintiff's home, or be evicted 136. By discriminating against Plaintiff, the Authority caused Plaintiff physical, psychological, emotional and financial harm. 137. The additional stress caused by the Authority injured Plaintiff in that the Authority's actions increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattem g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain and k) reclusiveness. 138. The Authority's discriminatory actions caused Plaintiff's injury. 139. In addition, Plaintiff incurred out of pocket expenditures as a result of the Authority's actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against the Authority in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT 1V - VIOLATION OF FAIR HOUSING AMENDMENT ACT OF 1988~ 42 U.S.C. §§3600-3620 et seq. Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 140. Plaintiff incorporates by reference Paragraphs 1 through 139 of his complaint as if set forth herein in their entirety. 141. The Fair Housing Amendment Act, 42 U.S.C. §§ 3604(f)(3)(B), provides that it is unlawful for persons to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use an enjoy a dwelling unit, including public and common areas. 142 An accommodation was necessary to afford Plaintiff equal opportunity to enjoy his home and to prevent discrimination of Plaintiff. 142. Defendants violated the Act when they refused, over a period of twenty-two months, to make reasonable accommodations in their rules and procedures, namely by refusing to waive the transfer provisions of the Handbook for Plaintiff. 144. As a result of Defendants' failure to make accommodations, in direct contravention of the Act, Plaintiff suffered physical, psychological, emotional and financial harm. 145. The additional stress caused by Defendants injured Plaintiff in that Defendants' actions increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattem g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain and k) reclusiveness. 146. Defendants' actions in failing to grant Plaintiff's reasonable accommodation request, threatening to relocate him from his home and then threatening to evict him caused Plaintiff's injuries. 147. In addition, Plaintiff incurred out of pocket expenditures as a result of the Authority's actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit and reasonable attorneys fees and any other relief this Honorable Court deems just and proper. COUNT V - VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 148. Plaintiff incorporates by reference Paragraphs 1 through 147 of his complaint as if set forth herein in their entirety. 149. The Pennsylvania Human Relations Act forbids discrimination in the terms or conditions of selling or leasing housing accommodation(s) or commercial property or in furnishing facilities, services, or privileges connected therewith. (PHRA §5(h)(3)). 150. The Pennsylvania Human Relations Act makes it unlawful to deny or withhold housing accommodations because of individual's handicap. (PHRA §5(h)(1)). 151. The Pennsylvania Human Relations Act also makes it unlawful to refuse to make reasonable accommodations in rules, polices, practices or services (PHRA §5(h)(3.2)). 152. Defendants' actions in refusing to make a reasonable accommodation in their rules, polices, practices and services, namely refusing to waive application of the transfer provisions to Plaintiff, were in direct contravention of the PHRA. 153. Over a period of twenty-two months, Defendants treated Plaintiff, a mentally handicapped individual, different from a physically handicapped tenant, and the physically handicapped tenant was given preferential treatment under the Defendants' interpretation of the transfer provision. 154. Specifically, for a period of twenty-two months, Plaintiff was faced with having to choose between moving from his home or being evicted in order to allow the physically handicapped individual to move into Plaintiffs home. 155. This disparate treatment of Plaintiff is discriminatory and in direct contravention of the PHRA. 156. As a result of this disparate treatment by the Defendants and Defendants' wrongful denial of Plaintiffs reasonable accommodation request over a period of twenty-two months, Plaintiff suffered physical, psychological, emotional and financial harm. 157. The additional stress caused by Defendants' injured Plaintiff in that Defendants' actions increased the frequency and severity of the symptoms of Plaintiffs preexisting condition. Some of these symptoms are: a) feelings of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiffs brain and k) reclusiveness. 158. Defendants' disparate treatment of Plaintiff and their actions in failing to grant Plaintiff's reasonable accommodation request over a period of twenty-two months and then threatening to evict Plaintiff caused the above injuries. 152. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. COUNT VI- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 159. Plaintiff incorporates by reference Paragraphs 1 through 158 of his complaint as if set forth herein in their entirety. 160. Plaintiff's condition renders him more vulnerable to stress than other individuals without Bipolar I Disorder. 161. Defendants have more power over Plaintiff then in a normal, arms length landlord/tenant relationship due to Plaintiff' s subsidy needs. 162. Defendants knew that by evicting Plaintiff, there was a very real possibility that Plaintiff would end up homeless for a period of time and would loose his subsidy in the future. 163. Defendants have or should have a duty to educate themselves to the special needs of their tenant population and to the needs of Plaintiff particularly. 164. Over a period of twenty-two months, Defendants intentionally denied Plaintiff's request for an accommodation. 165. Defendants intentionally threatened to evict Plaintiff for refusing to transfer from his home. 166. At all times relevant hereto, Defendants knew Plaintiffwas susceptible to stress and that stress would harm Plaintiff. 167. Defendants' actions caused suicidal tendencies and as a result, on more than one occasion placed Plaintiff in imminent danger of bodily harm. 168. Defendants conduct, in the face of this knowledge, was extreme and outrageous. 169. As a result of Defendants outrageous conduct, Plaintiff suffered physical, psychological, emotional and financial harm. 170. The outrageous conduct of Defendants injured Plaintiff in that Defendants' actions increased the frequency and severity of the symptoms of Plaintiff's preexisting condition. Some of these symptoms are: a) feelings ofhomelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain and k) reclusiveness 171. Defendants' outrageous conduct is the proximate cause of PlaintiWs injuries. 172. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. Respectfully submitted, John J. Baranski, Jr., Esquire Supreme Court Id. # 82585 17 East Market Street York, PA 17401 (717) 845-3674 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Larry W. Witkinso Dated: P. ESIDEN/IAL DWELLING LEASE ELDERLY PUBLIC HOUSING PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE R~.a.D IN DETAIL PRIOR TO SIGNING. THIS LEASE AGREEMENT ALSO PROVIDES FOR CERTAIN WAIVERS WHICH ARE SPECIFIED HEREIN IN MORE DETAIL. IN SIGNING TI-U~ LEASE AGREEMENT, YOU ARE INDICATING THAT YOU HAVE R~AD AND UNDERSTAND ANY AND ALL PROVISIONS THIS AG'R'EEMENT mad~ tt~o }1t~ oFdaY °f CO~, ~."~_ F CUMBE, 19~by and between THE HOUSING AUTH THE CO~ faerdnaflz~ referred to as ~TENAN/~: Management re~ the representmion~ made to it by Tenant ss to Tenant's ho~mehold composition smd the employment smd income level, of Tenant and ail membe~ of Tenant's household; and in ¢ondderat/on of W1TNESSETH: That Man~ement does hereby lease to T~ and Tenant does hereby hire ~rorn Msnagement, upon Terms and Condifior~ set forth herein, for the sole use and occupancy of Ten~nt and members of Tenant's household nsmed here/n, the prem/ses known and descn'bed a foIlows (here/naf~ refe~ed tn as "Pt~MISES') D.U. No.:~2~'%]~fb©~ No. ofBedrooms:~ ~,~. MEMBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: TEtLMS AND CONDITIONS 1. Term of Lease: Renewal Provisions. ~ Lease, and Tenant's right of occupancy h~eund~, ~hnl! commence as of and shall continue for one year, provided, however, thafZ4 the absence ora notice to terminate pursuant to Section 11 herein, thi, Lease will automatically be renewed for the successive t~m~ of one (1) calendar month upon payment each month by the Tenant of the rental in the amount and manner spec/.fied in Section 2 herein or irt such amount and manner specified in Section 2 herein or in such amount and manner as may be required by an sdjuatrnent that may henceforth be made by endorsement st the end of this Lease in accordance with the provisions of Section 3 herein. 2. Payments Due L~nder the Lease: ~~t L)- b O- ~ ~ s~ be $ ) ~ ~ .0 0 , ~ble not $ ) ~ ~- 0 0 s~ be due on or before ~e ~ ~y or,ch ~e pa~t of~e ~ ~o~t of~e money r~t ~d o~ e~es wh~ due b d~ m ~ a ma~ t~ of~ Le~e for wMch r~eat~ ~ohfio~ ~b~l~ ~ corded good c~e for M~~t ~ ~~ ~ rede ~ r~ew ~ Le~e. A s~ee e~e of S25.00 wo~d be e~ed f~ ~ r~t not ~d by ~e ~ wor~ of~e mon~. ~y election by M~m~t to te~te or rede to r~ew ~ Le~e for s~o~ or r~eated ~e oft~t to m~e ~ md ~ely pa~, s~ be ~ ad,don to ~y hte c~es ~posed md~ ~e t~s of~ Le~e. B. Utilities: Management agrees to fimfish water, sewer, heat, electric and rubbish removal for Project No. PA26-PO75-009. No charge shall be imposed for providing this utility. Management agrees to furnish water, sewer, heat and rubbish removal for Project No. PA26-PO75-005. No charge shall be imposed for providing thia utility with the exception that Tenant will be responsible for rite expense of the electric service. Management will not be responsible for failure to filmi~h this u~ty by reason of any cause beyond it~ control. All utility services not expressly listed herein as to be furnished by Management shall be furnished, by and at the expense of the tenant. C. Management shall furnish Range and Refrigeration appliances and shall provide routine Maintenance Services, therefore. D. A schedule of Ctm.~es to Tenants for maintc-nance and repak beyond normal wear and tear shall be posted in the Management office. Charges shall be due and payable the first day of the second month following the month in which the clmrge b incurred. E. Security Deposit:. Tenant agrees to pay to Management a Security Deposit not to exceed one month'~ rent or !150.00 whichever is more. The security deposit is to be used by Management at the Term/nation of the lease toward reimbursement of the cost of repair/ag any intentional or negligent dames to the dw~lli,~g unit caused by Tenant, his Family, guest, or dependents, and any rent or other charges - owed by Tenant. Payment oft. he security deposit is to be made upon occupancy. Management a~rees to deposit gach ~ecurity deposit in an interest-bearing account, crediting such interest as may acc'me to Temnt's security deposit Management agn~es to return the security deposit, with such accrued interest as may have been earned, to Tenant when he vacates, less any deductions for any of'the cost indicated above. Ii'such deductions are made, Management will l~ive Tenant a written statement of any such cost~ for damages and/or other charges to be deducted fi.om the security' deposit. The security deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit F. Management shall comply with Si'at, Law requirements conceminguse of security deposit funds, their placement in interest-beating escrow bank accounts, accountatnTlity to Tenant for interest earned thereon, and all other obligations. 3. Determination of Rent, Dwelling, Size and Eli~bility:. A. Tenant agrees to report any and ail changes in rarn y composition or income to Management in writing within ten (I 0) calendar days of such change and to ftrmish accurate information to Management annually at a time to be set by Manngement as to Family income, employment and family composition. This information shall be for the use of Manage~nent in dete~dn/ng whether the rental shall be changed, whether the dwelling size is still aplXOlmate for Tenant's needs and whether Tenant/~ still eli~'ble to .occupy low-rent hou.~. Tenant hereby authorizes Management to verify ail sources of' income. Any predetermination made as a result of information thus furnished shall be made in accordance wi~ the approved Occupancy and Admission Policy, copies of' which are avnilable in the Management Office. B. Rentals fixed in Section 2 hereof or as adjusted pmsuant to this Section w/il remain in effect for the period between rent predetermination unless it shall be ~owa that the Tenant has misrepresented or failed to report to Management the facts upon which his rent is based, in which event Management reserves the right to redete~dne the rent retroactively as of the date of such misrepresentation or Failure to report facts, and to hold Tenant liable for any additional rent thus detemfined to be due. C. In the event Tenant's rent is redetennined pursuant to this Section, Management shall mail or deliver a "Notice of Rent Adjustment" to Tenant in accordance with paragraph I0 hereof. In case oFa rent decrease, the adjustment shall be effective the first day of the month following the change in circumstances, provided that the Tenant has timely reported such change. In the case ora rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be retroactive where there is a finding of misrepresentation in accordance with subsection B herein. 4 D. ffthe Tenant is ~e~bZe for c~t~ued occup~cy becam~ ora cha~ in income or farm~ ~7.e, the Te~nt ~ z~t be evicted ~mle~ the Housing ~ 1) ha~ ide~ti~ed for pothole x~l of the f-m~, a m~it of'decent~ ~fo, ~md mitary housi~ at a suitable size available at a rent not exceedi~ 30% of adjusted income or 2) is required to do so by Iocal law. E. Ii'no unit of appropIiate size exists, or becomes avm%hle in the Development, the Tenant may be req,~, ~l to vacate the premises within twelve months aiter the fam~y size no lo, er conf~-.~, to said occupancy lim~. How~wr, at the end of said 12 month pexiod, if the Tenant is uriable due to special circumstanc~ to find decent, safe and sanitary housing within the fam~'s financial'me~a and of the appropriate unit size af~ making every ressonable effort to do so, the Executive Director or his designee, at~ investigation may permit the Tenant to continue in occupmcy for the duration of such ~ IfTenantis permitted to continue in occupancy, the Tenant must recognize that the family has a continuing resporm'bflity to work witk Mmmgement to ob~i- aptrropfiate housing on the private market within Tenant's financial means. 4. Occupancy. Tenant ,h,ll have the exclusive fight to use and occupancy of the leased pr~r~es. O~est~ or visitors of tenant may be accommodated for a period of no more than three (3) days in any one month: not to succeed fourt~m (14) days in a one year period. In the event tenant wishes to accommodate ~ or visitors for a period in excess of the limi~ above, or to care for foster chiMzen, or to provide live-in care of a member of the tenant's firmly, tenant must notify Management in wrig_n~ stating the reasons for such extended accommodations and obtain Management's approval of such arrangements. Management's decision shall be ~ 5. Oblis~tlons of Manas;ement. Management shallhave the follo,,;,~ ob~ons trader this Lease Agmemenl: A. To maintain the premises and the project in decent, safe and sanilm'y conditionr, B. To comply with requirement of applicable buildixig codes, hou~ codes, and HUD regalations matefislly affecting health and safety, C. To make necessary repa~ to the premiser, Do To.keep project building, facilities and common areas not otherwise assigned to the Tenant for maintenance and upkeep, in a clean and s'a.t"e cond.it/.on~ Eo To maint~n in g~od ~nd mf~ working o~ler ~nd condition electzic~ pl~mMng ~m~tmy, h~ng v~.s~ and o~ fam~d~ ~d sppilamceg mpplied or required to be nrpplied by Msnagem~g To s~pt rental money without ~re~rd to any other clmrg~ owed by Temmt ~ M~~t ~d ~ ~k ~ 1~ ~e~ ~ ~e ~~ of ~y o~ c~ w~ch may ~e to M~~t ~ T~t 6. Obtig~on of Tenant Tenant ~h.~] have the following obH~tions under A. Not to amgn the le~e or mb-lea~e the prerni~es. Not to provide accommodation~ for boarder~ or lodgem. Bosrder~ or lodger~ Mini1 be de~ned to be any per~m~ who ~my overnight/m excess ofthzee (3) days bi any one month or fourteen (14) days hi any one year period. To use the premises solely ~s a private dweIl/ng for Te~t mid Tenant's household s~ identified/n the Les~e, mid not to use or permit its use for any other purpose. D. To abide by necessary and re~onable reguht~ons prom,~l~ted by the the Mmmg~ent for the benefit and well-be~g of the HouMng project and the Tenant~, wh/ch Handbook shall be po~ed hi the Mmmgement Office snd which are hicorporated by reference in ~ Le~e; violation of the providom mud regulafion~ of the Handbook con~d~s a violation ofth~ Lesse. To comply with M1 oblivions hnpo~ed upon Temmt~ by applicable proviMous of building and houMng codes msteria~ m'Tecting health and ~agety. To keep the pren~es and tach other area ~ may be mmign~ to Tenant for Tenmtt'~ exchmive tree, in a clean and ~fe conditior~ except at handicapped unit~. Tenant is also requ/red to keep ~tove and refxigerator clean and free from grease. The lessee iz required to mske m-rm~gement~ to lmve the electric comp~nie~ d/rectly notify the Cum~d County Hous/=g Authority ha the event these utt~iies are shut=offbeca~se of the failure to pay monthly billz, tenant will be evicted immediately. Ho Mo To dirpoge of all a~he,, garbage, rabbi~ md other waste from &e premix, in a ~anitary and ~ manner. Oa-6te dmnl~ter~ are for daily tmah only. All large futaittrre, appliancea, etc., mu~t be hauled away at tenant's expense. To use only in a reasonable manner all electrical, plumbing, sanitmy, heafin~ ventil~tin~ and other facilities and appurten~rnces. To refi'ain from, and to cause Tenant's household and ~uest~ to mfi-ain from destro~ defacing, dam~ or removing any Part of the To pay reasonable char~s (other than for wear and tear) for the repsir of damages tn the preml,es, project buil~, facfli~ or common areas caused by Tenant, Tenant's household or ~ in accordance with a schedule of c~ ss posted in the Manst~nent Office. To conduct hirnself or herself, and cause other persons who are on the the Fremises with Tenant's consent to conduct themselves in a manner which will not disturb Tenant's nei~bor~' peaceful enjoyment of their accommodations and will be conducive tn maintainir~ the projectin a decent, safe and sanitm'y conditiom (1) Tenant, any member~ of the Tenant's household, or a guest or other person under the Tenant's control shall not encee in criminal activity on or near project l:n:emises and shall not ~e in drug-related c'ximirml activity on or offthe project premises. "Drag-related criminal acl~,vity" means the illeL, u! man~, sale, distzibufion, use or possession with intent to manuf'achlxe, sale, clistn'bute, or use, a controlled sub'race, as defined in the Controlled Substance, Eh-ug, Device and Cosmetic Act, 35 P.S. 780-101 et seq. Tenant, any member of the Tenant's household, or a guest or other per,on under the Tenant's control, shall not en~ge in any act intended to facilitate criminal activity on or near project premises and in a drug related criminal activity on or offproject premises. (3) Tenant, any member oft_he Tenant's household, or a guest or other person under the Tenant's control sbsll not engage in acts of violence or threats of violence, including, but not limited to, the unlawfial discharge of fn-earms, crn cr nero' project yremi~cs. Tenant, any member of/tie Tenant's household, or a gue~ or other person under the Tenant's control, shall not abuse alcohol the effect of which would kiterfere with the health, safety, or iil~ht to peaceful enjoyment of the project prem{.es by other residents. ($) A mile violation of any of the provisions, of the afor~id, shall be deemed a serious violalion and a material non-compH~ce with the lease and good cause for t~~on of tenancy. Unle~ otherwise provided by law, proof o/'violation shall not o~ c,-; .-~..'.-.~! c_._ 'cl/on but shall be by pretxmderance of the evidence. viola~i "' - . . .policy with respect to aic_.:~no! t~.t ~.m?act~ ?on the .health, safety, or ~t to peaceful ~J ymenz ozme project prermses by other residents. To permit MlmaSwnent' pursuant to the providcms o£Section entrance to the premises/'or the purpose ofpeffomi~ pedodic inspections, routine maintenance, for making i~nprovemen~ or repai~, or to silo the premises for re-lea~ [see 9 (A) of this Agreement). O. To promptly notify Manag~ent of known need for any repairs to the leased premises, particularly of conditions hazardous to life, health or safety of the oceupantr, and to not/fy Management of known unsafe conditions in the common areas and grounds ofthe project which may lead to damage or injury. P. To give Managem~t no~ce in writing when the premises are to be vacant for two weeks or more~ such notice shall not render Management responsible for any perso~! property of any nature or desc~ption lei~ in or on the leased premises during Tenant's absense. To follow all rules and regulations prescn'bed by the M~ent, incorporated herein by this reference thereto, conceugng the use and care of'the premises and of any common or community space in the development. R. Not to mat:e any r~ or alterations wi~out thc written concent of' the Management; not to display any signs whatsoever, not to use tacks, ~,i~,, or screws or other fasteners in any part inside or outside the premises, or to ~ attach, or in any manner erect, construct or install poles, pipes, rods, or wires to any part inside or outside of the premises, ~nduding but not limited to the use of tacks, -~'ls or other fasteners or cement for the hying of~ carpet, rugs or linoleum on the floor ofTenant's dwel~ unit, except in the manner prescn'oed by the Management. S. To pay all necessarty legal fees expended by Management for enforcement of the provisioas of this lease agreement. 7. Defects Hazardous to Life, Health or Safety. In the event that the premises a~e damaged to the extent that conditions are ~mted wh/ch are h-~rdous to life, health or safety ofthe occupants: A. Tenant s~all immediately notify Management of the damage; Management shall be responsible for repair off:he unit within a reasonable time; provided, that if the damage was caused by Tenant, Tenant's household or guest~ the reasonable cost of the repa~ shall be charged to Tenant, Co Management shnll offer stand~d altenmIive accommodations if av~il-ble, in circumstmaces where necessary repairs cannot be made within a reasonable time, except ifrepaim are required if the dama~ was caused by Tenant, Tenant's household or guest~. 8. Pre-Occupancy and Pre-Termination Inspections Management and Tenant or Tenant's repre~tative shall inspect the premises trhor to commencement of'occupancy by Tenant. Manage- meat shall furnish Tenant with a written statement of the cond/fion of the premises, the dwelling u~it and the equipment provided with the unit. The statement ~ be ail/ned by Management in the Tenant's folder. At the time Tenant vacated, Management shn~l inspect the unit and sbnl! furnish Tenant with a statement of any chm'ges to be made in accordance with mb-section 6 (K'). Management sbs~ notify T~mnt .of. th.e inspect, on, and Terumt and/or Tenant's representative may join m such inspection unless Tenant's representative may join in such/n~ect/on unless Tenant vacates the premiaes without pdor notice of Management. Entry of Premise~ During Tenancy Man~ernent dmI1, utxm re~onable advance notification tn Temmt, be penn/tted to enter the dwelt/~ unit dudug reasonable hour~ for the purpose ofperform~ routine hspect/ous and m~, (Includfl~ ~on se~a'ces) for maki~ improvement~ or reps/~, or tn ~how the ~ for re-lea~in~ A written ~aternent · pecif-yi~ the purpose of ~ent entry delivered at lea~t two day~ before ~uch entry skdt be conddered reasonable advance Bo Mmal~ment may enter the prem/se~ at any t/me without advance In the event that the Tenant and ail adult mernber~ of Tenant's household are absent from the prem/se~ at the time of entry, Manage- ment shall leave on the prem~e~ a whtten ~tatement ~pe~ the date, time and purpose of entry prior to leaving the premi,e~. 10. Procedures of Givin~ Notice Except as provided in Section 9, notice to Tenant shall be in writing and delivered to Tenant or to an adult member of Tenant's household fetid/rig fit the dweI//ng or sent by prepaid first-class mail, properly addressed to Tenant. B. Notice of Manasement shall be fit writin~ delivered to the Project Office or M~ent Central Office or Bent by prepaid first-cla~ m~, properly addres~e~t I 1. Procedure~ for Termination of Lease Management shall not terminate or refu~e to renew th/s Le~se other thau for serious or repeated violation of material temps of the Lea~e ~uch a~ failure to make Fayment~ due under the Lease or to ful/ill the Ten-ut obli~o~t/ons set forth fit Section 6 herein, or for other good cause. Mmmgement dian get a written notice offittention to temdnate the Iea~ to Tenant which shall ~tate the reason for te~dnaiion, droll inform Tenant of Temmt'~ right to make such r,ply a~ Ten-ut may wish and of Tenant's right to request a hearing with the Executive 10 D/rector with/n ten wofldng day~ ofreceiv~ the ~ terror,t/on not/ce. Notwithst~d/ng the forego/rig, the Tecmar ~b,rl have no fight to ~eque~ fl~e hear/~ in ca~ involving a term/nation of'tenancy for an activity,/n¢luding but not 1/m/ted to ~=! activity, that threat~ the health, ~ty, or ~t to ~ pe~efal e~joyment of ~e project prem~es by other tenants or employees ofmmmgernent; or may drag related cz:jzn~l act/v/ty on or offsuch lrrem/ses by Tensnt, any members of the Temmt's household, or guests or o~er persons under the Tenn~t'~ control 12. C. Prior to proeeed/ng wi~ an action/n ejectment, or upon ~hre of - --'.-'~..~, ~,.~.,~, men .Mazmgement ~n~ ~ wdtten notice of' terror.riCh of the Lease of': l~fl~een (lY) calendar daya notice for may breach of any provhion of the Lease Agreement_ D. If a Tenant/s hte ha paying the rent four (4) t/roes/n a one year period, the Houdng Aufllodty may not renew a lease w~fll Tenant. Crr/~ce Procedure All d/spies concer~g the ob/igations of the Tenant or management under this lease, except the proceed/ngs pursusnt to an action in ejectment, shall be processed and resolved pursuant to the grievance procedure of mm~agement/n effect at the time such grievances or appeal arises, which procedures are to be posted ha the management office and/or incorporated herein by reference. 13. Waiver By f~/lure to exercise ~ny available fight or remedy as is provided herein, neither Management nor tenant shall wa/ye the right to do so at a later date for s/rmqm, or other causes. 14. Modi~cationa Any modification ofthi, lease shall be accomplished by a written rider to the lease executed by Management and Tenant, except for rent redetenn/nations, which are to be accomplished by the procedures ha Section 3 herdrt and schedules or,pedal char~es for serv/ces, reps~ and utiHt/es and rales and regulation which are incorporated in the lease by reference, which are to be publicly posted in a conspicuou~ manner in the Project Office and shall be rum/shed to Tenant on request. In such schedules, rules and 10 11 Tenant se~g for the proposed m~ the re2sons there - seals the day a~d y~r ~ above hereto have hereonto set their h~d and wx eZL THE HOUSING AUTHORITY OF THE COUNTY OF C~rMBE~ Tenant file: srlesse.doc 12 HOUSING AUTHORITY OF THE COUNTY OF CUMBERL_4ND NL4NAGEMENT REGULATIONS In accordance wilh Paragraph 6 of the Dwelling Lease, the following Management regulations shall apply:. Management shall retain the ~,~,,'u~., for care and- k ,- rem--' --~ ~ . . ---r..~---,.-~: up eep ormwn% ~now vv~ anc~ mine mammmmce items m a~eas that are comidered tmblie or common space. ' - Nothing whatsoever shall be thrown from the windows or swept or thrown out of the doors of any dwellings. Tenants sb,ll not make any altemtims or repairs to the prem/ses or to the equipment there/n, and shall not install any additional locks or fixtm'es without Mving o m/ned the prior cor nt of ent in writin In.addition. ail electrical wiring shall be done or mpervized by Management_ Tenants sh,ll not permit their children or visiting children to play on cmmnunity areas not provided for such purposes. Sidewallt% stak,a~¥s, shall not be obstructed, nor used for any propose other than to exit from or enter dwellings. Tenants sh,ll report immediately to the Mamagement Office and to the appropriate health anthofifie~ any case ofinfectiom or contagious d/zeases occaaing m the premises. Tenants shall not carry on any buzine~ or display signs of any type in or about the Tenants sh-ll not keep or use flammable mater/als in the premiz~ or ~a-age roomg. Tenants shall not burn trash or start fires of any type on the prenfises. Management ~n all cases ;h~l! retain the right to control and prevent access into the buildings and grounds of all persons whom it considers m,.desimble. 13 11. 12. 13. 14: 15. [fat the termination of the Lease for any reason, Tenants vacate the premi=e, leavin~ behind and abandoning any pemmal property' includ~ fianitare, clothin~ or any other perscmal effects, Management w/Il d/spose of such The cost of s~ach disposition shall be charged to the Tenant. Thia action ahall apply only/n tho~e ca~e~ where prompt cl/spo~ition of abandoned prq>er~ required in order to rent a vacated unit and/s not to be tm]izod as a distraint for rent or other charges. Management ~ not be re~ponhble for articles left with any of~ employee,. Any automobile or other vehicle owned by or uaed by a tenant or member ofhi~ family shall be parked only in parki~ areas ~ by M~ement Abandoned car~ or other motor vehicles ~hall be towed at the owner's eximnse following ~oper legal notification_ All tenant'~ cars must have a park/ng ~cker displayed on rear bmnper, must have valid inspection and ~fion. and must be operable, otherwise vehicle w~I be ~abject to towing at the owner's expense following proper legal notification. Vehicles are to be pulled into parking spaces, not to be backed into spaces. Tenant shall pay al1 necessary legal fees expended by Management for enforce- ment of the provizions ofth/s Lease AgreemenL The TENANT ia pe~,,dtmd to keep common household pets in ~er dwelling unit (subject to the provisiom in 24 CFR Part 942 and the pet rules promnl~ted trader 24 CFR Part 942). Any pet rules promulgated by the LA.NDLO~ are attached hereto and incorporated hereby. The TENANT agrees tn comply with these rules. A violation of these rules may be grounds for removal of the t or termination of the TENANT's (,,et owner's~ * ......... pe u- ~ ~umncy [or Ootri), in accordance with the provisions of'24 CFR Part 243 and applicable regulations and State or local law. These rel~tlations include 24 CFR Part 966 (Lease and Grie~ce Procedures) and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assislance payments profl, ams' Note: Part 942 does not apply to animals that are used to assist the handicapped who reside in the project or who visit the project_ (Optional): The LANDLORD may after reasonable notice to the TEN~ and .dm _m~_ .r_.e~_as,ona,ble _ho.u~_, enter and inspect the pretties. En and mc perrmttea omy ii'the LANDLORD ha ~,,,;,,oa ~ ~:__J n_t~.~ C_._; .ti__ r ....... ~ .~c~., wm~en complmnt alleging or the LANDLORD has reasonable grounds to believe that the conduct or condition of'a pet in the dwel~ unit comrtitute,, under applicable State or local law, a nuisance or a threat to the health or sal'e .ty of the occupants of thc project or other persons in the community where the l:rroject is located. 14 16. 17. If there is no State or local authcu:ity or de,hated ~g~nt of such an aufltcrht~ anthorized under applicable State or local law to remove a pet that become~ vicious, c~plsy~ sTmptorns of severe/]]ne~, or demem'a~tes other belmviour tlmt constitute~ an immediate threat to the health or mfety of the terumcy u a whole, the LANDLORD may enter the prern~s Cffnecemrary), remove the pet, and t~ke such action with respect to the pet a~ may be p~le under State and local hw, which may include placing it in a facility that will provide care and ~helter for a period not to exceed 30 chy~. The LANDLORD re'mil enter the premises and remove the pet or take such other pem~dble a~tion only if the LANDLORD request the TENANT (pet owner) to remove the pet from the project/~medintely, and the TENANT (pet owner) refu~s to do m, of if the LANDLORD ~ urmble to contact the TENANT (pet owner) to make a removal request The cost of the animal c~re ~ ~ be peid by the tenm~ No wsterbed~ will be permitted on second and third Inspection~ are free of chrome. It'st~'h~ to come back and check the unit a second time for failure the tenant win be accessed a $10.00 cha~e. The third time will al~o result in another $10.00 chs~e. If'a~er the third time no attempt tins been made st improvement, this i~ grounds for eviction_ We h~ve house- keepin~ classes awH~ble to si[ temmt~. 18. (A) Tenant, any members of the Tenant's household' or a guest or other pem:rn under the Tenant's control shah not engage in criminal activity on or near project premises and sh:a~ not engage in drug-related cufim/nal activity on or offthe project prern~.~es. "Drng-related criminal activity" means the illegal mannfacture, ssle, distribution, use, or possession with intent to mantu~acture, sale, distn'bute, or use, a controlled substm-tce, as defined in the Controlled Substance, Drug, Device and Cosmetic Act, ~$ P.S. 780-101 et seq. Tenant, any member of the Tenant's household' or a ~,uest or other person under the Temmt's control, shall not e~ge in any act intended to faciqitate ct/m/hal activity on or near project premises and in a dru~ rehted criminal activity on or offproject premises. (c) Tenant, any member of the Tenant's household, or a guest or other per~on under the Tenant's control shall not eng~e fit act~ of violence or threat~ of violence, including, but not limited to, the unlawful discharge offirem~ns, on or near project premises. Tenant, ~uy member of the Tenant's household' or a guest or other person under the Tenant's con,roi, shall not abuse alcohol the effect ofwhich would interfere with the health, s~fety, or right to peaceful enjoyment of the project premises by other reddenS. 14 I6 LK, A~E A.DDENDUM FOR DRUG-FREE HOUSING In consideration of'the execution or renewal of'a lease of the dweDing unit identified in the lease, Owner and Temmt agree as follow~: I. Tenant, ~ny members of the termnt'a household, or a guest or other person under the ten,nCs control shall not en/age in c~minal ac~vity, including drug-related crJmh~ activ/ty, or near project premises. "Dna-related cx/m/nal activity" means the /lle/~ manufacture, sale, d/stn'oution, use, or possession with intent to manufacture, sell, di~mqmte, or use, ora controlled substance (as defined in Section 102 of the Controlled Substance Act 21 U.S.C. 802). 2. Tenant, any member of the tenant's household, or a guest or other pe~on under the tenant's control shall not em~e in s_ny act intoned tn ~ including drug-related cfm&ml activity, on or near project premises. 3. Tenant ar members o£the househald w:~ not permit the dw~-~-g trait to 1~: used for, or to fac~'lltate, erlm~rml acfivi .ty~ including drug-related c£mfmal activin, regardless of whether the individual engaging in such activity is a member of the household or i guest 4. Tenant or members of the household will not engage in the manttfacture, sale, or distribution of illegal ctrugs at any location, whether on or near project premises or otherw/~e. 5. Tenant, any member of the tenant's household, or a guest or other person under the tenant's control shall not er, ,~c,e in acts of violence or threats of violence including but not limited to, the tmlaw~ul discharge of firearms, on or near project premises. 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF TI-IE LEASE AND GOOD CAUSE FOR TERMINATION O1" TENANCY. A single violation ofaay ofthe provisions ofthis added addendum shall be deemed a serious violation and a material noncompliance with the lea~e. It is und~ and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, b~t shall be by a preponderance of the evidence. 7. In case of conflict between the provisiorm ofthis addendum and any other provisions of the lease, the provisions of the addendum shall govern. 17 8. This Lease Addendmn is i~orpora~ed into fl~e Le~se execatexi or renewed this day~ Ownex m~d Tengnl. September I, 1~)I C PKT POLICY INTRODUCTION PHAs have discret/on to decide whether or not to develop poEcies pexta/n/ng to the keephlg of /nterest of the PHA. r ..... ,~ ~,,,.v-~ conmnan orme property, and ~e ~mnc/d Applicable to Family Pnblic Housing units only:. The PHA chooses not to publish rules governing the keeping of common household pets. Residents will comply with the dwelling lease, which requires that no anhnah or pets of any kind are permitted on the premises without prior written approval of the PHA. This does not apply to animals that are used to assist persons with disabilities, Nothing in this policy or the dwelling lease limits or impair the right of peraons with disabilities to own animals that are used to assist them. All pets must be approved in advance by the PHA ma~=gernent. The pet owner must submit and enter into a Pet Agreement with the PI-IA. Registration of Pet, Pets must be registered with the PHA before they are brou~t onto the/rremises. Rei/str~on includes: Certi~cate sil~ned by a licensed veteg.nadan or State/local authority that the pet has received all inoc~l~+ions required by State or local law, and that the pet hn~ no communicable disease(s) and is pest-free. Dogs and cats must be Sl~yed or neutered. Current license for the pet in compliance with local ordinances and requirements. 311/96 F-~ecution ora Pet Agreement with the PHA stating that the tenant acknowledges complete responsibility for the c~re and cleaning of the pet. ReghtrnUon must be renewed and will be coordin~_ted with the annual recertificnUon d~te. Approval for the keeping of a pet shall not be extended pending the completion of these reqnirements. Refusal To Reotster Pet, The PHA w~l refuze to register a pet ~ Co The pet ia not a common ho~eholdpet az defined/n th~ policy, Keep~ tile pet would violate ~ny House Pet Rnle~, The pet owner fi~ to provide complete pet regiatration information, or fa~ to update the registration annually, The PHA reasonably determines that the pet owner/~ unable to keep the pet h comp~;~uce with the pet niles aud other lease obligations. The pet's tempermnent and behavior may be considered as a factor in det~g the pet owner's ability to comply w/th providous Of the lease. The notice of refusal may be combined v.~th a notice of a pet viohtion. A resident who cares for a~other resident's pet must notify the PHA and agree to abide by ail of the pet rules in writin~ B. STANDARDS FOR PET~', Pet rules will not be applied to n~imals who assist persons with disab/lities. Persons With Disabilities To be excluded from the pet policy', the residentJpet owner must certify: That there is a person with d/s~bilities in the household; That the animal has been trnined to assist with the specified disability;, and That the animal actually assist~ the l~rson with tho dls~bility. ~'i. . i...,.'.,..-'.; 7~11195 .a,.~.~ TyDe~ of Pets Allowed No Wpes of pets other than the following may be kept by a re,dent. Maximum number: one (1) per apartment Maximum adult weight: 25 pounds Must be housebroken Must be spayed or neutered Must have aH required inoculations Must be licensed as specified now or in the future by State law and local ordinance 2. Cats Maximum number: one 0) per apartment Maximum adult weight: 25 pounds Must be dc-clawed Must be spayed or neutered Must have all required inoculations Must be trained to uae a litter box or other waste receptacle Must be licensed as specified now or in the future by State law or lo~al ordinance B~d~ Maximum number: two (2) per apartment Wing~ must be clipped. Must be enclosed in a cage at all times F'~sh Ma.ximura aquarium size: 20 Rodents (Rabbit, grfinea Fig, hamster, or gerb~ ONLY) Maximum number: two (2) per apartment Must be enclosed in an acceptable cage at all times Must have any or all inoculations a~ specified now or in the fnture by State law or local ordinance Ttl~e9 Maximum number: two (2) per apartment Must be enclosed In an acceptable cage or container at all times. -.:: ....... ~, :.;2) 3/i/96 Any animals not listed in paragraph one (1) must be approved by the management. ~ m contrm ms aug tn accoraance w~th the house rules and regulations, the second _e~_cfp, tion to. the wzigh.t limit Is a new resident who bas had a family pet for many years an_u noes not want to g~ve the pet up. This type of pet may exceed the weight Hmit. Any other exceptions or nnusual requests must be cousldered by the manager. C. PETS TEMPORARU.y ON ~ PREM'tSF~ Pets which are not owned by a tenant will not be allowed. Residents are prohibited from feeding or harboring stray animals. This rule excludes visiting pet programs sponsored by a humane society or other non-profit organization. State or local laws governing pets temporarily In dwelling accommodations shah prevail D. DESIGNATION OF PET/NO-PET The following areas are designated no-pet areas: Commnnity Room or Kitchen adjoining the Community Room .E. ADDITIONAL FEES AND DEPOSITS FOR PETY. The resident/pet owner shall be required to pay a refundable deposit for the purpose of defraying all reasonable costs directly attributable to the presence ufa dog or cat. An Initial payment of $~0,00 on or prior to the date the pet is properly registered and brought Into the apartment, and; The PI-IA reserves the right to change or increase the required deposit by amendment to these rules. Alterations to Unit ResidentMpet owners shall not alter their unit, patio, premises or common areas to create an enclosure for any animal. F. PET WASTE REMOVAL CHARGE A separate pet waste removal charge per occurrence will be assessed against the resident for violations of the pet policy. Pet depodt and pet waste removal c~ are not part of rent payable by the res/dent. All reasonable expenses incurred by' the PHA as the result of damages directly attributable to the presence of the pet will be the responsibility of the resident, including: The cost of repairs and replacements to the dwelling unit; Fumigation of the dwelling ulttt. If the tenant h in occupancy when such costs occur, the tenant shall be billed for such costs as a current charge. If such expenses occur ns the result of a move=out Inspection, they will be deducted from the pet deposit. The resident will be billed for any amount which exceeds the Pet deposit. The pet deposit will be refunded when the resident moves out or no longer has a pet on the premises, whichever o~curs first. The expense offlea deinfestation shall be the responsibility of the resident. G. PET AI~.A. RESTRICTIONS Pet~ must be maintained within the resident's unit. When outside of the unit (within the building or on the grounds) dogs and cats must be kept on a leash or carried and under the control of the resident or other responsible individual at all times. Pets are not permitted in common areas including community rooms and laundry areas except for those common areas which are entrances to and exits from the building. An area of the development grounds has been designated as the area in which to exercise animals and to permit dogs to relieve themselves of bodily wastes. The pet owner agrees to use a "pooper scooper' to clean up behind his/her pet while walking his/her pet on the common grounds, and to clean up behind hi~her pet flit tracl~ mud or dirt through the lobby, elevators or hallways. Residents/Pet Owner~ are not permitted to exercise pets or permit pets to deposit waste on project premises outside of the areas designnted for such purposes. Pet owners must agree to control the noise of pets so that such noise docs not constitute a nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or . premises. This includes, but is not limited to loud or continuous barking, howling, whining. biting, scratching, chirping, or other such activities. I. CLI~.ANLINESS REQUIREMENTS Litter Box Requirement-.. AH animal waste or the litter from litter boxes shall be picked up immediately by the pet owner, disposed of in sealed plastic trnsh bags, and placed in a trash bin. Litter fl'm Htter boxes is not to be disposed of down the toilet. Charges for nnclogging the toilet or cleaning up the common areas because of a residents pet will be billed to the resident. Litter boxes shah be stored inside the resident's dwelling unit. Removal of Waste From Other Loc~tion_.~. The Resident/Pet Owner shall be responsible for the removal of waste from the exercise area by placing it in a sealed plastic bag and disposing of it in an out~ide trash ~ The resident/pet owner shah take adequate precautions to eliminate any pet odors within or around the unit and to maintain the unit in a sanitary condition at all times. J. PET CARE No pet (excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet, including current distempers and rabies shots as required or necessary. Pets that appear to be poorly cared for will be reported to the SPCA or other appropriate authority for removal at the residents expense. Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. No pets shall be washed in basins in the Laundry room. K. RESPONSIBLE PARTIES The reddent/pet owner wiI1 be required to dedgrmte two responsible parties for the care ofthe pet/fthe health or safety of the 1set is threatened by the dea~ or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet. .... 3/1/9(~ ACO L. INSPECTIONS The PHA may, after r. easonable notice to the tenant during reasonable hours, enter and inspect the premhes, In addition to other inspections allowed. The PHA may enter and inspect the unit only ifa written complaint h received alleging that the conduct or condition of the pet in the unit constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the communit~ under applicable State or local law. M. PET RULE VIOLATION.~ Pet Rule Violation Notice [fa detenn/nat/on is made on objective facts supported by written statements, tha~ a resident/pet owner has v/olated the Pet Rule Po]icy, written notice, will be serve& The Not/ce will conhtin a brief sta~ment of the factual bads for the deten~in~on and the pet rule(s) which were violated. The notice w~l a~o That the ms/dent/pet owner has ten (! O) working days from the effect/ye date of the service of notice to correct the violation or make written request for a mee~ng to d/scuss the vioht/on; That the resident pet owner/~ entflled to be accompanied by another permn of his or her choice a~ the meetin~ and That the resident/pet owner's fs/hre to correct the v/olat/on, request a meet/n~ or appear at a requested meetin5 may result/n/n/t/a/ion ofprocedureg to the pet owner's te~cy. If the pet owner requests a meeting within the ten (10) working day period, the meeting will be scheduled no later than ten 00) calendar days before the effective date of service of the notice, unless the pet owner agrees to a later date In writing. 3/1D6 ACK) 1/. NOTICE FOR PET REMOVAL If the res/dent/pet owner and the PHA are unable to resolve the violation at the meet/n~ or the pet owner f~. to con'ect the violation/n the t/me period aIlotted by the PHA, the PHA may serve not/ce to i=move the pet. The Not/ce shaIl conta/n: A brief statement of the factud bads for hhe PHA's detenn/nation of the Pet Rule that ha, been viohte~ The requ/re~nent that the reddent/pet owner mu~t remove the pet withiu ten ('10) calend~r &~ o£the notioe; and A ~tement that flu]urn to remove the pet may re~u~ in the init/ation of termination of tenancy procedure~. O. TERMINATION OF TENANCY The PHA may initiste procedures for tenn/n~on of tenancy ~ on a pet rule violst/on iff. The pet owner has fl~led to remove the pet or correct a pet rule violation within the thne period specified; and The pet rule violation ~s sufl~dent to be~/n D'ocedures to t~i,~ate tenancy trader terms o/' the lease. P. PET REMOVAl. If the health or safety of the pet is threatened bythe de~th or/n~padty of the pet owner, or by other fi~ctors that render the owner unsble to c~re for the pet, ~mclndes pets who m'e poorly csred for or have been lei~ mmttended for over 14 hours, the sit~fion will be reported to the Respons~le Psrty designsted by the resident/pet owner. r/the responsible lmrty is nawil~g or ramble to care for the pet, or if the PHA ~ resscumble efforts cannot contact the re~ondble party, the PI-IA may contact the appropmte State or local sge~.cy m~d request the removal of'the pet. /' ~ "'":: ' 3/1/9¢5AC0 Q. The PRA. w~l tske ~11 nece~zy ~ to ~ ti~ pet~ which become vicious, ~ umptom~ of ~evere ~e~, or dem~ behavior that ~ an immeai~'~ thr~t t~ ~he h~tth or saf~ of oth~x, ar~ r~fem~l to the ~ Staia or local ontity ~ to remove such animals. MANAGEMENT AGENT SIGNATURE RESIDENTS SIGNATURE DATE 3/I/96 ACO DEPARTMENT OF VETERANS AFFAIRS Regional Office 2022 Camino Del Rio North San Diego CA 92108-1508 September 8, 1997 LARRY W. WILKI/NSON P O BOX 127402 SAN DIEGO CA 92112 in ReDly Refer To: 377/272D 25 294 275 Wilkinson, Larry W. To Whom It May Concern: Records of the Department of Veterans Affairs disclose that LARRY W. WILKINSON is entitled to VA pension based on a permanent and total' disability. However, we denied Mr. Wiikinson's claim due to excessive income. We are currently in the process of reviewing his claim due to a change in income which he reported. His claim is pending a determination at this time. If you have questions or desire further information, please call a benefits counselor at our nationwide toll-free number 1-800-827-1000. ~ Sincerely, -, ~, AEFONZO F. PADLLLA Acting Veterans Services Officer G72/377/21 lB PLAII~fflFF'S EXHIBIT TABLE OF CONTENTS About Two West Penn 1 Office Hours and Maintenance 1 Rent Determination and Medical Allowances 2 Late Payment of Rent 3 Security Deposits ~ Breaking the Lease 4 Repair Charges ~ Apartment Housekeeping and Inspections 5 Redecoration/Unit Alteration 6 Lockouts 6 Security Access Keys 7 Pest Control 7 Extended Leave/Partial Occupancy 7 Visitation Policy 8 Grievance Policy 9 "Other Good Cause" for Termination of Tenancy 9 Appropriate Dress m Common Areas 10 Fire Hazards - 10 Unit Transfers/Specially Equipped Units 11 Use of Common Areas/Decorating 11 Storage 12 Resident Parking 12 Visitor Parking 13 Live-in Aid/Attendant Policy 13 .. Batter7 Operated Carts Policy 13 Pet Rules 14 Bird/Animal Feeding 16 Use of Oxygen Tanks 17 Building Security Rules 17 Reservation of Community Room for Group Use 17 Fire Alarm Evacuation Procedures 17 Use of Guest Entry Telephone System 19 Hallway Ventilation and Apartment Doors 19 Apaibnent Heating, Cooling, and System Mai_ntenance 19 Use of In-Sink Garbage Disposal 20 Use of Laundry Facilities 21 Special Considerations for Visiting Children 22 Food and Drink m Common Areas 22 ... Smoking 22 _Emergency Medical Forms 22 .. Building Meetings 22 Incident Reporting 23 Reasonable Cause for Emergency Unit Entry. 23 Final Word 24 Page -25- File:F: TWP:handbook ABOUT TWO WEST PENN Two West Penn Apartments for the elderly is owned by the Housing Authority of Cumberland County. The Authority is dedicated to providing affordable housing in Cumberland County. Two West Penn opened in December 1992 and the facility utilizes U.S. Department of Housing and Urban Development (H-UD) Public Housing subsidy to make the tenant rents affordable. The Authority and its staff were instrumental in developing the facility and are familiar with the HUD laws and regulations which govern Two West Penn. Two West Penn contains 38 one-bedroom apartments designed for occupancy by one or two persons and 12 efficiency apartments designed for occupancy by only one person. HUD regulations specify that these units be made available to persons age 62 or older or to adult persons with a handicap or disability. According to local Borough BOCA codes (808.1.2), no more than two (2) persons may reside in these apartments. No more than one (1) person in an efficiency unit. Two West Penn is an equal opportunity housing facility and does not discriminate against eligible persons on the basis of age, sex, race, creed, color, religion, national origin, handicap, or familial status. I. OFFICE HOURS AND MAI2qTENANCE A. OFFICE HOURS: The office hours are posted for your convenience. The office phone number is (717) 249-3484. B. MAINTENANCE: The tenant is responsible for normal upkeep of the apartment and for maintaining their personal property and personal furnishings within the apartment. Maintenance staff is available to correct mechanical problems with the apartment and supplied appliances, as well as maintain the common areas and grounds. Should your apartment require maintenance, fill out a maintenance request form which can be found on the first floor near the mailboxes. Submit your request form to the office when completed. STAFF MAINTENANCE IS AVAILABLE MONDAY TI-IROUGH FRIDAY, BETWEEN 8:00 A.M. AND 4:00 PM. Please realize that due to part-time staffing, routine or non-emergency maintenance requests may have to wait for several business days. C. MAINTENANCE EMERGENCIlgS: Emergency repairs are those which if left unattended could be life or health threatening, or could cause permanent damage to the building or personal property (not just mere inconvenience). Grounds for calling for after-hours emergenc~ maintenance (weekends and after 4:00 P.M. weekdays) include: Page -l- File:F: TWP:handbook 2. 3. 4. Complete loss of heat in apartment. Person locked in elevator/total elevator failure. Overflowing sink/toilet (not just clogged). Significant roof or pipe leak (not just dripping). TO OBTAIN EMERGEN~ MAINTENANCE CALL 24%3484 Emergency maintenance DOES NOT include. Broken personal items, furniture, garbage disposal, lights, or slow draining or clogged drains. Routine maintenance-covered items will need to be put on a maintenance request form and taken care of during the next available business day. If the tenant can not wait, he/she should take their own corrective action (i.e.-use of liquid drain opener or plunger for a clogged drain), or contact a family member for assistance, or a private repair service at the tenant's expense. II. RENT DETERMINATION Because of the HUD subsidy, the tenant rent is based on 30% of the tenant's .adjusted annual income (gross income minus applicable medical expenses). This results in the tenant paying 30% of their adjusted income for rent and utilities on a monthly basis. Each tenant's rent is adjusted annually (called recertification) unless the tenant has a change in income or medical expenses prior to the next annual recertification. If this occurs, the tenant is responsible for noticing management that an INTERIM RECERTIFICATION needs to scheduled. However, if there are no changes to income or medical expenses during the year, then the tenant need only be recertified during the regular annual recertification. The Two West Penn Office will notify you in writing when the recertification process is to begin and will make an appointment for you. Rent adjustments, resulting from the required annual recertification are performed in February. REMEMBER, you are required by HUD and Federal Law to report changes in your income (within 10 days of receiving notice of the change). You must also furnish ALL sources of income, including income from assets, investments, joint accounts, pensions, welfare/public assistance, disability and unemployment compensation, income from employment, and private business, as well as disclose non-income producing property and capital assets which you own or jointly own. You must also disclose information regarding any asset you disposed of for less than fair market value (sold for less than its value or given away as a gift) within the last two years. FAILURE TO PROVIDE THIS INFORMATION CONSTITUTES FRAUD g'7-IICH IS PUNISHABLE UNDER FEDERAL LAW AND CARRIES THE FOLLOWING PENALTIES: Eviction from your apartment. Page File:F: TV/F:handbo~k Repayment of all overpaid rental assistance you received. Fines up to $10,000. Imprisonment for up to five ($) years. Prohibition from receiving future assistance. 1-ri. PAYMENT OF RENT/SECURITY DEPOSIT Rent is due on the first (lst) business day of each month. Checks and money orders should be made payable to Two West Penn Apartments. You may pay your rent in person during office hours, or you may leave your properly identified payment using the wall safe slot located outside the office door. A late charge of $25.00 is assessed after the fifth (5th) business day of the month. Late charges will be assessed if the tenant makes no attempt to pay, makes only a partial payment or if the check written is returned for insufficient fund. A. PENALTIES FOR NON-PAYMENT OF RENT: If the rent and late charge have not been received in the office within by the 20th day of the month, the landlord shall serve the tenant with a "Termination of Tenancy", or a notice to vacate the apartment in 30 days. The tenm~t may stop the termination proceedings by paying their rent in _hill plus the $25.00 late charge, prior to 30 days expiring from the day the termination notice is received. However, if 30 days expire without payment in full, tenancy will be terminated. If the tenant is again 14 or more days late with the rent payment within a one year period, this may be grounds for automatic termination, and a notice to vacate the apartment in 30 days may be served. B. REPEATED LATE PAYMENT OF RENT: If the tenant is late With rental payments three (3) or more times within a one (1) year period (rent not paid by the fifth business day), the landlord may refuse to renew the lease and/or terminate tenancy with a 30-day notice. C. RETURNED CHECKS: If a tenant's rent check is returned for insufficient funds, tenant will be charged $25.00. If another rent check is returned for insufficient funds within a one (1) year period, the tenant will be required to make rent payments with cash or money order for the remainder of tenancy. D. SECURITY DEPOSIT: The tenant's security deposit is equal to one month's rent. Tenants who choose to smoke in their apartment will be charged two months security deposit. The security deposit will be placed into an interest-bearing bank account until the time the tenant Page -3- File:F: TWP:handboo~ . vacates the apartment. The security deposit may not be used to pay rent or other charges while the tenant occupies the apartment. E. SECURITY DEPOSIT RETURNS: After the initial one (1) year lease period, the lease renews month-to-month. If the tenant moves out after the initial lease period and has given a proper 30-days written notice-of-intent to ,)acate, then the tenant is entitled to a return of their security deposit, less any amount withheld for unpaid rent and/or damages caused and not corrected by the tenant (beyond normal wear and tear) to the apartment. Cleaning charges equal to the hourly rate of the maintenance staff will also be withheld if the tenant does not leave the apartment in the condition it was presented. If the security deposit does not cover all charges incurred, the tenant will be billed for the excess. As described, aider the initial lease period, the tenant is entitled to a return of their security deposit (less any unpaid rent and damages) ONLY if the tenant has provided the manager with WRITTEN notice of intent to vacate the apartment at least 30 days or more prior to move-out. All Intent to Vacate notices must be received by the 1st of the month. No mid-month move-outs will be approved. An Intent-to Vacate form for this purpose is available at the office. If30 days written notice is not received prior to move-out, the tenant will be required to pay rent for that month. F. MOVE-OUT BEFORE LEASE EXPIRATION: l_f a tenant vacates the apartment before the end of the initial one (1) year lease period, he/she is required to give a 30 day written notice. Moving out before lease expiration, regardless of notification, will automatically result in the landlord retaining the entire security deposit. G. REPAIR CItARGES: Normal wear and tear will be the responsibility of the landlord, however, willful damage, abuse, or neglect is a tenant responsibility. If a tenant wishes, the office can furnish tenant with a list of damage repair charges. The charges listed are an approximation based on labor and material costs. These charges can be withheld from the security deposit at move-out, and/or assessed beyond the deposit amount, if necessary. These charges will only be assessed if the repair(s) is the result of tenant abuse or neglect beyond normal wear and tear. If you wish, you may have the Manager inspect your vacated apartment for damages and cleanliness upon move-out if you are concerned about the status of your unit. If you elect to smoke regularly in your apartment, it is likely that you will cause smoke damage to the apartment and furnishings. SMOKE DAMAGES WILL NOT BE CONSIDERED NORMAl. WEAR AND TEAR, AND RESTORATION CHARGES WILL BE ASSESSED TO THE DEPOSIT. Page -4~ IV. BUELDING POLICIlgS AND HOUSE RULES A. APARTMENT INSPECTIONS/E[OUSEKEEPING: Annually, with at least seven (7) days written notice, the tenant's apartment will be inspected by the Manager/Maintenance. Tenants may choose whether or not to be present during the inspection. The purpose of the inspection is to determine if the tenant is keeping the unit in accordance with the terms of the lease and this agreement. This means tenant's apartment must be kept clean and free from: 1. Food residue and other organic waste build-up. 2. Exposed and spoiling food or other potential sources of insect and germ infestation. 3. Pet waste. 4. Organic trash and garbage 5. Fire hazards. 6. Dirt build-up or other organic or inorganic residue. 7. Insect or other vermin infestation. 8. Other human/organic waste or residue in the bathroom or other areas. Deficiencies in housekeeping in one or more of the above-listed areas can be considered grounds for non-compliance and failure of the inspection. If tenant is unable to perform regular cleaning duties in their apartment, then tenant is responsible for securing cleaning services so that they may continue to pass sanitary inspections. The procedures following the inspection are: 1. If the tenant's apartment is found deficient in any ofihe above-listed areas, the tenant will be notified in writing by the Manager (within ten business days from the-date of inspection). If tenant does not receive a notice within ten days, then tenant has passed the inspection. The notice will identify conditions to be corrected in order for the apartment to be in compliance with the above safe and sanitary requirements. The tenant will have fourteen (14) days from the day the notice was received to correct the deficiency. If the tenant is unable to perform the necessary cleaning service now or on an ongoing basis, the Manager and' staff are available to provide assistance in locating cleaning services providers. However, it is the responsibility of the tenant to secure those services at his/her expense within the 14 day corrective action period. After the 14 day corrective action period a follow-up inspection will take place. If the apartment is still found to be unsafe and/or unsanitary the tenant shall receive notice that their lease is being terminated and they shall have thirty (30) days within which to vacate the apartment. Page -5. File:F:TWP:handbook .-,.'.,. :"~ :.: -:':-. . B. REDECORATION / UNIT ALTERATION: No apartment may be altered or redecorated, including door, cabinet, or wall papering or covering, installation of fixtures repainted or carpeted, without written approval from the Manager. Special allowances will be made for enabling devices for the handicapped or disabled. The tenant must utilize a properly licensed contractor and furnish the credentials of any individual performing the work befor_____~e approval can be given. Failure to obtain permission for redecorating may result in the tenant being asked to restore the unit, at their expense as a condition of lease renewal, or charges being assessed to the tenant either immediately or at lease renewal, to restore the unit. The tenant or his/her heirs are responsible for storing the original furnishings if modifications are made and for restoring an altered unit (other than repainted) to its original condition at vacancy. Paint type, color and wall covering must be approved by Manager and installed at the tenant's expense. If permission to wallpaper is granted, the tenant and a family member must sign for the responsibility of returning the wall to their original condition at vacancy. Additional carpeting may not be permanently installed with glue, staples, nails or other material; nor may the tenant remove the original flooring to allow for additional or different carpeting. Small area rugs are permitted to be placed on top of the existing carpet. Be notified, however, that each year during the apartment inspection it will be the responsibility of the tenant to remove the area rugs so that the condition of the permanent carpet below can be inspected. The tenant may hang pictures and other items using small wall hanging nails designed for this purpose - not glue, paste, or putty. The apartment is furnished with sheers which may not be removed. The tenant may, however, hang drapes or curtains on the rods provided. Apartments will be repainted by maintenance periodically in keeping with HUD guidelines. Tenant will be given reasonable notice in writing should their apartment be due for repainting. Mats are not permitted in the hallways outside the apartment. C. LOCKOUTS: It is the tenant's responsibility to keep their apartment key with them. However, should a tenant lock themselves out of their apartment, they have several options: 1. During office hours, tenant may go to the office for assistance. There will be no service charge. 2. After office hours or on weekends, between 7:00 A.M/and 12:00 midnight tenant may call upon the services of the Building Supervisor in Apt. #108 for lock-out service free of charge. A tenant must provide identification to the Supervisor which verifies residency in order to gain access. The Supervisor is not authorized to give the tenant the key, and must Pa~e -6- File:F: TWP:handbook accompany the tenant to the apartment. A tenant may encounter times when the Supervisor is unavailable. In this situation, he/she must either wait in the lobby for the return of the Supervisor, or call upon other private lock-out service at the tenant's expense. Ifa tenant must receive lock-out service after 12:00 midnight or before 7:00 A.M. see the Building Supervisor in Apt. #108. If the}upervisor is available, you will be charged-a $25 service fee for their service. D. SECURITY ACCESS KEYS: All building access keys are the property of Two West Penn, and AL___~.L copies must be returned to the office at vacancy. For a two-person family, two (2) sets of building access keys and apartment keys will be provided at no charge (one set for a one-person family). Should the tenant lose their issued keys, a $5.00 per key replacement charge will be issued, and expense. Tenants may not install additional door locks in the apartment without the expressed written approval of the Manager. E. PEST CONTROL/EXTERMINATION: Management provides regularly scheduled pest control for common household pests. Contact the office if you wish to know the dates and times of the next treatment. If a tenant is not home, their apartment will still receive the required treatment. Tenants should notify the office if their apartment needs additional treatment(s) before the next scheduled extermination. F. EXTENDED LEAVE/PARTIAL OCCUPANCY: Tenants leaving the .building for more than two (2) days (48 hours), may wish to notify the office of their departure date and return date. To protect privacy, this is not a requirement. The lease requires that the apartment be the tenant's only place of residence and, therefore, part- time use of the apartment is prohibited. If a tenant utilizes another residence or occupies the apartment for 90 days or less per year, whether consecutively or not, then the landlord reserves the right to terminate tenancy. If a tenant leaves their apartment for non-medical or non- rehabilitative purposes for more than 60 consecutive days, then this will be considered partial use of the apartment and tenancy may be terminated. Should a tenant require an extended leave of absence for medical or rehabilitative reasons, tenancy will not be terminated due to partial occupancy. However, notification on whether the tenant is returning to occupy the apartment ~s due within 90 days. If the tenant is expected to Page -7- Pile:P: 7'WP:handbook return, then they must do so within 90 days after providing notification or tenancy will be terminated (this, therefore, allows for a 180-day maximum medical leave). G. VISITATION POLICY/CO-ItABITATION: Visitors are welcome at Two West Penn. It should be noted, however, that a tenant's guests (i.e.-non-tenants, and especially children) and care attendants are the tenant's responsibility and are subject to, and expected to follow all house rules and terms of the lease agreement. Failure by the tenant's guests or attendant to follow house rules will result in action being taken against the tenant host. This would also include damages caused by the guests or attendant. The following are additional visitation rules: Guests who will be in the building for more than eight hours in a day, or staying overnight must be registered with the office in advance. This includes their name and address, arrival date and length of stay. Overnight stays by guests may not exceed three consecutive days or more than five days total in any month. Any activity exceeding the limits just outlined will be considered co-habitation, which is a violation of the lease agreement and grounds for immediate termination of tenancy. Co-habitation is also defined as any person not listed on the lease who is receiving mail and stores or keeps personal property in the apartment. The only exception to the above overnight visitation rule is if the tenant needs temporary care or supervision during a period of illness, which has been substantiated in writing by a medical professional and approved by the manager. Only persons whose name(s) appear on the lease or preapproved, registered care attendants may inhabit the apartment. During overnight visits, no more than 4 people (including the permanent tenant(s) of the apartment) may inhabit the apartment. Guests under 16 years of age must be directly supervised by their tenant host at all times in all locations within the building or on the grounds. Children are not to be left unsupervised in the common areas or on the grounds and must not run through the building or otherwise disturb the peace and safety of the facility. All guests, regardless of age, must be escorted by their tenant host while using the community room. Tenants of this facility who while visiting, violate the house rules of other facilities which are also managed by the Cumberland County Redevelopment or Housing Authority can be found in non-compliance with the Authority's house rules of management which may affect the tenant's current or future tenancy at their home facility. Page -8- File:F:TWP:handboo.~ · ~ ~: ~' 7 *=' .... ;.: ...:.. Guests may not inhabit, sleep over, or remain in the apartment for more than 8 hours if the tenant host will be away from the apartment for more than 24 consecutive hours. H. GR1-E, VANCE PROCEDURES: Should a tenant have concern or complaint, conflict with another tenant, or believe that a management decision, action or inaction, rent determination, or decision is incorrect, illegal, or has been made in error, the tenant should, within 10 days of the grievable event: Make an appointment to discuss the problem with the Manager. The Manager shall make every effort to correct the problem, explain the determination, or offer a solution to alleviate the matter. If this does not solve the tenant's concern, then he/she may, within five (5) business days after meeting with the Manager: Contact the Manager's supervisor (during normal business hours), or have the Manager do so, for an informal heating. A written statement or ruling will be provided to the tenant by the Supervisor. I. OTEIER GOOD CAUSE FOR TERMINATION OF TENANCY: Every tenant of this facility has the right to quiet and peaceful enjoyment of the building. Quiet shall prevail after 10:00 P.M. until 7:00 A.M. If a tenant or guest of a tenant repeatedly and substantially disturbs the peaceful enjoyment of the facility, is found in non-compliance with the Lease or in violation of these House Rules, harasses or threatens assault of another tenant (whether on or off Two West Penn property); disrupts the livability of the building; adversely affects the health or safety of any person or the tight of any tenant to the quiet enjoyment of their unit or the building in general; creates a hazardous, unsafe, unsanitary, or dangerous environment for other tenants; or otherwise interferes with the management of this building, then that tenant (or tenant host of the guest creating the disturbance) shall be deemed to be in material non-compliance with the Lease and the tenancy of the tenant can be terminated. Every tenant and their guest(s) are expected to observe and abide by the terms of the Lease and these House Rules. After an initial rule violation, the violator shall be given written notice from the Manager that such conduct in the future will be considered grounds for termination of tenancy. This procedure does not prohibit the landlord from acting more swiftly against a rule violator (i.e. acting without a warning) in confirmed incidents of a significant and material violation of the Lease or these House Rules. If while on this property or in this facility a visitor or guest of a resident commits or is convicted of any drug related criminal activity or any violent criminal activity, then the resident host's tenancy can be terminated depending on the host's knowledge or involvement. Page -9- File:F:7'WP:hanclbonk "·: :: ' .-,:~ <-,.c ~--~,._~ ,~ a substantiated report, preferal~ly in wi-i-ting and with witnesses, in ~___-~:==~-_ ~dnst the violator of these HoLxse Rul~_ Any decision made by ~_-~--~j~_-~===~ ~__:~ny violation of the House Rules shall be ba.g~d upon the consideration of =-------- ---- ~ ~--_____~p ~:~rts. Other legal processes, marxagement c)bservations, or prOcedures __..~~~~; ~. -this document, applicable law, or HUD r'~gulations which indicate a ~2:~-%~_-~_-~_-,~--x_c__..~:m; --,.with these rules; or other tenant actions/ir~a~_ctions which jeopardize the ~1 o-'f~5 -~r._-~c~e tenants or the peaceful enjoyment of the facility, will be considered ~L~--x.-~_--~o~--x as prescribed. ~ ' If any secaon or portzon oj ~lr~p li cczble law, only that particular section shall b~ voided and the remainderI with sba ll remain effective as written., ~._~-~-IL:~O-~::~LZ~'I'E DRESS IN COMMON AI~._..3xS: Tenants and guest(s) should not ~,eC~ :s_xx bed cl_othes, nightgowns, underwear, bathrobes or Pajamas when using the lobbies, areas, or grounds. Street clothes, including shoes, shin or blouse, pants or shorts, skirt oxx sk-xox.xXd b~ x:vorn when outside of the tenant's apartment. No bare feet. .~Vk3p-~E~O-~-E,R ~_JSE OF APPLIANCES/FIRE ttAZARDS: On occasion, some · .x-x'zs rrta',J havre or begin to have difficulty in using devices or appliances responsibly and/or · .o* . x~, ~ tenant uses an unsafe or defective appliance or device which creates a fire hazard, oX-recX-W' "~ - repeatedly uses an appliance or device incorrectly, which creates or \xxck&Cr~, or fxre alarm, or c~x.xses suc~x a hazard or alarm, then to protect the safety of the tenants and others, management xescr'4es the right to have the appliance, device, or other fire hazard, removed from the building as ,. co~Xdkt'xon of continued occupancy. Should a tenant repeatedly set off the fire alarm through neglect or misuSe of the stove or \. owen, or repeatedly leave the stove or oven on or unattended, causing the activation of the smoke or fire a~,arrn, then management reserves the right to have the stove disconnected. The tenant shall rece'xVe a warning letter from the Manager after the first incident of misuse. If the tenant again exxdangers the welfare of the facility in such a manner within a one-year time period, the tenant ~g. receive written notice that their stove must be disconnected indefinitely for their safety, and the sage~ of others. The tenant (or tenant's Power of Attorney) will be requested to sign an agreement to this action, and the tenant will need to arrange for an alternate method of food 9reparation. If the tenant will not sign the agreement or allow this action, then the tenant's lease v~i~l be terminated. 2. Live Christmas trees are considered a potential fire hazard in this facility. Only artificial, ~ame resistant Christmas trees are permitted in the building. 3. E~ectric, open hot-coil, or fuel burning space heaters are also considered a potential fire hazard and are not permitted. page .10- File:F:TWP:handb°°l~ "' :" ~' M. UNIT TRANSFERS/SPECIALLY EQUIPPED UNITS: Due to operational concerns, management is unable to grant tenant requests for transfer to another apartment or facility under its' operation. However, if the tenant is able to qualify for and obtain a physician's verification of handicap or disability requiring the design features of a unit specially equipped to enhance mobility he/she may transfer to such a unit when on becomes available (See Manager for appropriate request form). If a tenant is verified as such and would like to transfer to a specially designed unit, the tenant should notify management in writing that he/she would like to be placed on the waiting list for this unit. In keeping with fair Housing Law and HUD regulations, current tenants requesting a specially equipped unit who possess the appropriate verification, will be given first opportunity at these units ahead of eligible non-resident applicants. If a family or individual without need for a specially equipped unit accepts and moves into one of these units, then they are doing so only on a temporary basis. If no one in the family is eligible for the unit and an eligible tenant or applicant applies for residency, then the existing eligible tenant (or family) will be required to transfer to a conventional (non-equipped) unit as soon as one becomes available, with at least 30 days advance written notice from the manager. The tenant shall be responsible for the moving procedure and any moving costs, if any. The landlord shall be responsible for any electric or telephone utility hook-up fees (except for cable TV) incurred due to the transfer. N. USE OF COMMON AREAS AND COMITY ROOM: Please remember that the hallways, lobby, Community Room and kitchen, laundry, and grounds are common areas which every tenant and their guest(s) have a right to use. Certain restrictions apply to guests and children as previously described in this document. However, every tenant is entitled to the same privileges of use of these areas. Both tenants and staff alike appreciate the efforts of those who volunteer, provide services, and contribute to the welfare of this facility. Since we have varying tastes, beliefs, and opinions, not everyone will agree on what is appropriate for these areas. With respect to the lease and these house rules, management shall make every attempt to allow equal opportunities for tenants to contribute to, provide goods and services in, and participate in the use of these common areas. The use of alcohol or open alcohol containers in any common area o_f this building or on these grounds ix prohibited. Should there be a violation of the house rules regarding the use of common areas in this facility, a proper report should be made to the manager so that action can be taken. Should there be a conflict between the tenants in the use of the common areas, then the tenant making the complaint shall follow the grievance procedures outlined in Section III, Paragraph H, of this document. O. POSTI~I'G, DECORATI~i'G, AND SPECIAL REGULATIONS IN COMMON AREAS: Management is happy to allow tenants to decorate their apartment doors, post cards and notices on the bulletin boards and decorate common areas as long as ALL tenants have the same opportunity to contribute when and how they see _fit, as approved by the manager. The following roles apply: 1. Prior approval from the manager must be obtained before altering or decorating common areas. All tenants shall have the same opportunity to decorate, post and use the common areas. 2. Glue or putty must not be used on common area windows or walls. Only easily removable, non-damaging adhesives may be used. If tacks are to be used to decorate common area walls, permission from the manager is required. Seasonal decorations displayed by tenants must be properly hung and removed by the responsible tenant(s) at the conclusion of the season. 3. Ail tenants may use the bulletin boards to post cards and notices without management approval, as long as management postings are not disturbed. However, non-tenants and outside organizations (whether the tenant is a member or not) must receive permission fi-om the manager to post. The bulletin boards remain the property of the facility and are a management tool, and management reserves the right to remove postings; rearrange postings, and post notices as necessary for the welfare of the facility. Tenants are not authorized to remove management postings. 4. Tenants may not post on the outside of their doors, the bulletin boards, or other common areas, any materials containing advertisement or promotion, profanity, sexually explicit language or pictures, or material which might be considered libelous to an individual, or intentionally offensive or insulting to a particular religious, racial, or ethnic group or special population. Stickers, including bumper stickers, may not be placed on the apartment door, walls, appliances, etc. Any door decorations must be hung or applied with an appropriate adhesive so as to not cause any damage and allow for' easy, non-marring removal by the tenant. 5. Tenants may not display signs, pictures, or other materials as described in Paragraph//4 above on the apartment windows. Holiday greetings and decorations are permissible and can be displayed without management approval but must be displayed in such a fashion as to not cause damage and they must be removed by the tenant at the conclusion of each holiday. Management reserves the right to limit these privileges. P. STORAGE: Tenants are to store all of their personal belongings safely inside their apartment. Storage is not provided outside of the apartment for personal property. Tenants may not store or leave personal property in the common areas, including the stairwells. Q. RESIDEN-T PARKIING: Each household is limited to parking only one (1) currently registered vehicle, as space is available, in the parking areas. "Head-first", or front-first l~irking is required. Any excessive oil leakage or debris from a tenant's vehicle is to be cleaned up immediately by the tenant. Kesident parking in the lot is a limited privilege. If a tenant discontinues use of their parking spot for a period of more than 90 days, whether due to Page -12- File:F: TWP:handbook : *. '. ' · ' ~ ~' '~ .~ .. ,..:.:~,~i mechanical or personal reasons, then management reserves the right to re-assign that spot to another tenant who is in active need of the parking space. Management is responsible for snow removal in the driveways and unoccupied parking areas and walkways. However, the tenant is responsible for proper snow and ice removal from the vehicle and from his/her parking space. If the tenant is unable to safely perform snow and ice removal, it is suggested that the tenant obtain assistance from family or private help. R. VISITOR PARK~G: Visitors and attendants are to park on the street only. Also, please advise your attendants and/or guests NOT to park in the service drive or fire lane in front of the building. Visitors are also not to park in front of the entrance area portico; this is a fire lane and a pick-up and drop-off area only. Visitors needing to park a bicycle are to keep their bicycle away from the entrance area. No bicycles are to enter the building, except tenant owned bicycles which are stored in the apartment. S. LIVE-131' AID/ATTENDANT POLICY: As required by HUD regulations, tenants who have verified need for a live-in care attendant (see office for appropriate verification form) may have such care, provided the attendant is an individual who is appropriately registered with the management office prior to occupancy. As previously described, the attendant is subject to all terms of the lease and house rules, although they are not party to the lease. This means that the tenant host will be held accountable for all actions of the attendant. If and when the tenant no longer requires the services of the care attendant, or if the tenant vacates the apartment, then the aid or care attendant must also vacate the apartment at the same time. T. BATTERY OPERATED VEHICLE (MOTORIZED CARTS) POLICY: If a tenant has need of a battery operated vehicle or other such cart to aid in or enable mobility, then the tenant may operate such a vehicle or cart in the building and 'on the grounds. However, operating a motorized cart requires special considerations, most of which also apply to self- powered wheelchairs: 1. Cart operators are responsible for safe and controlled operation of their vehicles at all times while in the building and on the grounds. Special care and slow speeds are essential to prevent accidents, especially nearing corners and other "blind" areas where the approaching cart may not be immediately visible to hallway pedestrians. Cart operators should stay to the outside of corners and along one wall (opposite the handrail, where applicable). If accidents with pedestrians or other operators become a repeated occurrence, probation and possible subsequent termination of tenancy may be necessary for the safety of others. Cart ope/-gtors assume total liability for all accidents, incidents, and damages caused by their negligence (an insurance policy is recommended), and assume all risks associated with cart operation. Page .13- File:F: TWP:handbook 2. Cart owners must properly maintain (in apartment) and keep their carts clean at all times. Carts must not leak grease, oil, battery acids, or other fluids. The cost or removing tire marks and other stains on both flooring and carpeting which can be traced to the cart owner, whether occurring in the common areas or in the apartment, will be the responsibility of the cart owner. 3. Cart owners may not leave their carts unattended in the hallways or in the lobbies while visiting in other apartments, nor may they be left unattended in the hallways outside the owner's apartment or the common areas in general. Carts must be kept inside the apartments when not in active use. Cart owners may use the common areas on their cart and can attend functions on their cart, but cannot leave carts unattended in the cornmon areas. 4. Recharging of electric carts can only be performed in the owner's apartment. No tenant or guest is to recharge electric carts in common areas or hallway receptacles. 5. Cart operators shall only enter elevators when space allows. If entering an elevator currently occupied with passengers would result in overcrowding, then the cart operator should wait for the next available vacant or lesser occupied elevator. U. PET RULES: An acceptable pet is a domesticated animal such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle that is traditionally kept in the home for pleasure rather than commercial purposes. This does not include reptiles, except turtles. The pet 'owner is responsible for the actions of their pet(s), and indemnifies the management and owner from property loss or injury to or caused by the pet. Tenants may keep only legal pets (agricultural, wild, threatened, or exotic species are not allowed) under the following terms: 1. DOGS, CATS, and other approved "uncaged" animals must be registered with the management office PRIOR to being brought into the tenant's apartment. Registration with the office must be updated annually at the time of the tenant's annual recertification, including a written certification not more than six (6) months old from a licensed veterinarian stating that the pet has received all inoculations necessary for the period as required by state and local law. Birds, fish, small mammals, and other caged household pets do not require initial and annual registration with the office. However, the following terms do apply to these and all pets: The following maximum number and size restrictions apply to pets in this facility: DOGS - One (1) dog maximum per apartment. Maximum size 25 lbs. CATS - One (1) cat maximum per apartment. Maximum size 25 lbs. A one dog and one cat combination is not permissible. A dog or cat in combination with one of the following pets is permissible: B[R_DS - Two (2) caged birds maximum per apartment; wings must be clipped. Page -14- File:F:~tl/P:hendbook · ,.,.~ ~., ~ ¥~... ,...:. ;;>-.;,:, FISH - One aquarium maximum per apartment; 20 gallons maximum capacity. OTHERS - Gerbils, hamsters, mice, and guinea pigs are limited to two (2) caged animals per apartment. Any other animals not listed above must be approved by the manager prior to entering the facility. 3. A $50.00 additional pet deposit is required of all tenant owners of dogs, cats, or other approved uncaged animals. A pet deposit is not required for birds, fish, or the small caged animals listed above. Pet damages will not be considered normal wear and tear and will be withheld from the security deposit if necessary. Pet deposits are transferable to a replacement pet and may be refunded (less pet damages, if any) when the tenant vacates the apartment. 4) A qualified seeing-eye dog or other qualified assistive-living animal is exempted from the maximum size (weight) limit and pet deposit. Also, a new resident moving in to the facility who has a dog or cat in excess of the weight limit, or dogs/cats in excess of the number limit, can be granted an exemption from the rules if it is determined to be necessary for the new tenants welfare. Existing tenants who wish to acquire a dog or cat will need to meet the requirements noted above regarding number and size of animals. 5) A pet may be dismissed permanently by management or the residents tenancy may be terminated for failure to control his/her pet or assistive animal in accordance with the house rules. Cause for this action would include but are not limited to: disturbing the peace (barking or .whining), failure to comply with the pet rules, threatening pet behavior (scratching, biting etc.), ~mproper disposal of pet waste, property damage, failure to register the pet properly each year, failure to keep the cage and/or pet(s) clean and insect or disease free, or failure to properly care for the animal. 6) Pets must be kept inside the tenant's apartment. When outside of the apartment, the pet must be kept on a leash no longer than eight feet, or in a cage. Under no circumstances is a pet allowed to roam free (unleashed) in the common areas or anywhere on the grounds Pe are not allowed in the community room or laundry room rexce,,t for ..... -- · ts required by law. ~ v approvea ass~suve animals as 7) All animal waste or litter from litter boxes or cages is to be picked-up and disposed of in seale____~_d plastic bags and placed in the dumpster. Cage and box litter should be changed frequently. No litter or pet waste should be discarded in the toilets. 8) The pet owner agrees to thoroughly clean-up all pet "accidents" which occur in the building and on the grounds, including the lawn. The pet owner agrees to carry a scooper for this purpose and must agree to properly dispose of waste in a sealed plastic bag. Also, the pet owner must thoroughly clean-up after the pet if the animal tracks mud or dirt into the building. Failure to comply with the procedures in this paragraph can result in cleaning charges being assessed to the tenant and/or dismissal of the pet from the facility. Page -15- File:F: TWP:handbook 9) Under no circumstances is a tenant or guest to take a pet anywhere on the property, especially the lawn, to "do its' business". If an accident happens on the lawn, sidewalk, or parking areas, the tenant is expected to clean-up the waste and dispose of it properly. Non-compliance with this rule will result in the dismissal of the pet from the building. 10) The pet owner agrees to provide adequate care, nutrition, exercise and medical attention for the pet including, but not limited to, distemper and rabies inoculations as required. Pets which appear to be poorly cared for or neglected will be reported to the SPCA or other proper authority for removal at the owner's expense. 11) When the pet owner plans to be away from the building for more than 24 hours, arrangements must be made for the care of the pet outside of the owner's apartment (except for fish). Pets are not to be left unattended inside the apartment (except for fish) for more than 24 hours, or left unattended for any length of time in the common areas or grounds. Such an occurrence will be treated as an emergency resulting in the removal of the pet fi.om the premises at the owner's expense. 12) The pet owner acknowledges that other tenants in the building may have fear of or allergies to the pet. Therefore, the pet owner agrees to exercise control of the pet and common courtesy with respect to other tenants' rights of safe and peaceful enjoyment of the facility. 13) No pets shall be washed in the basins in the laundry room. 14) With respect to those with allergies, cat and dog owners shall make an extra effort to disinfect washing machines and clean dryer filters after laundering their clothes in the laundry room. 15) All dogs and cats must be spayed or neutered. 16) All dog and cat owners shall use an effective means of controlling fleas on their pet and in the apartment. 17) For safety and liability purposes, no visiting pets are allowed in the building or on the grounds at any time. There are no exceptions to this rule. Make certain your guests understand that visiting pets are not allowed. The tenant host will be held accountable for non-compliance with this rule. V. WILD BIRD FEEDING: Birds must be fed only at the designated feeders. Bread and other table scraps are not to be put out randomly on the grounds or thrown out below windows, as this has contributed to the fouling of windows and automobiles, as well as attracting rats, mice, and other stray domestic animals. Stray domestic animals are not to be fed on the property. Check with management prior to installation of a feeder. Page -16- File:F: T~'P:handbook W. USE OF PRESSURIZED OXYGEN TANKS: For medical reasons, some tenants may require the use of oxygen tanks. There are certain precautions necessary when using, working around, or living with pressurized gases. Tenants utilizing this or other medical aids accept full responsibility for the safe and proper use and storage of this equipment. Such tenants agree to become completely familiar with and exercise the necessary precautions. For everyone's safety, smoking is prohibited in apartments while oxygen is in use, or where oxygen tanks are stored. X. BUILDING SECURITY: This building has in place policies and special security features, however, the system is only as good as each tenant's ability to follow those procedures. Building security is, therefore, also a tenant responsibility. Do not open the door for anyone you do not recognize or are uncertain about their intent. Tenants may see someone standing at the entrance and may want to innocently allow that person in, but this could result in an unWanted intruder being in the building. All visitors need to call for a tenant through the phone to be granted access to the facility. Never open the front door until you have identified your guest. For your further protection against intruders, every tenant should keep their apartment door locked at all times, whether inside or out of the apartment. In the interest of security, no exterior doors, should ever be propped open.. Similarly, tenants and their guests are not permitted to use the stairwell fire exits except in the event of a fire or fire alarm. Use of these fire exits for non-emergency use is a breach of the security of this building and a significant violation of house roles. y. RESERVATION OF COMMUNITY ROOM FOR GROUP USE: Unless the room has been privately reserved for a special function, the community room is open to all tenants and their escorted guests. Outside groups are not permitted to use the community room unless management arranges for a special function, or at least one Two West Penn tenant is an active member of the group who reserves the room. When reserving the community room, the tenant must disclose the purpose of the function and management reserves the right to refuse the reservation. All house rules apply to those in attendance, and the tenant making the reservation is responsible for the conduct of all non-tenants in attendance, as well as ensuring proper clean up of the room and kitchen. V. ADDITIONAL HOUSE RULES AND PROCEDURES A. FIRE ALARM EVACUATION PROCEDURES: When the general fire alarm system outside of the apartment is activated, whether by a smoke detector or by a manual pull station, you will hear a loud continuous horn. Hallway and common area fire indicator lights will flash. The horn and lights will continue for a period of time (anywhere from several seconds to several Page .17- minutes or more) until the alarm panel is acknowledged by firemen or staff. Do NOT assume that when the horn is silenced and the lights stop flashing that the emergency is over and that it is safe to remain in the building! You still must evacuate the building. Once you hear or see that the general fire alarm has been activated, regardless of how long it is activated, you must begin to take the following measures to calmly and quickly leave the building. Once the alarm has been activated, you MUST leave the building until a member of the staff or fire department gives the "all clear" signal. Until such notice is given, you must evacuate the building to ensure your safety and the safety of others and to be in compliance with the House Rules and Fire Code! The following procedures must be taken by all tenants immediately once the alarm is activated: If you are cooking, turn offyour stove and oven. If you are not dressed appropriately for the weather take a quick moment to put on proper outerwear, boots, hat, etc. to be able to withstand the weather for a period of time. 2. Get your apartment keys and close the UNLOC~D door behind you. Proceed calmly to the nearest outer stairwell. If you encounter a closed fire door along the way open it, pass through, and allow the door to close behind you. Proceed down the steps and continue out the fire door at the bottom of the steps. DO NOT ATTEMPT TO USE ~ ELEVATOR. * SPECIAL NOTE FOR TItOSE WltO CAN NOT USE TIlE STEPS If you are mobility impaired or can not use steps, you must go to the top of the outer stairwell. Do not remain in front of the doors, but wait calmly out of the way for assistance from rescue personnel. Once you have safely exited the building, stay in a group with other persons from your wing or floor. Take a head-count of tenants. If you are certain someone may still be inside, designate one person to alert a fireman on the outside of the building. Do not re-enter the building until a fireman or member of the staff tells you it is safe to re-enter. It is a fire code and rule violation to ignore a fire alarm. Fire drills will be conducted periodically throughout the year. Most will be announced. Occasionally they will be unannounced. Tenants are REQUIRED to participate in the fire drills if they are in the building. Any tenant who does not exit the building during a fire drill will be fined $10.00 for the first offense and $25.00 for the second offense. If a tenant refuses to participate in a third fire drill this will be viewed as a House Rule violation and grounds for eviction. Page File:F: THlP:handbook Keep these instructions handy and review them often. Practice these procedures every time the alarm sounds. Never assume it is a false alarm. It may save your life and the lives of others. B. APARTMENT SMOKEDETECTORS: Every apartment has an electric smoke detector close to the ceiling on the wall. It will emit a continuous high-pitched beep when the apartment contains smoke. If you hear this sound, check for smoke or fire in your apartment. If you have burnt food, remove the food or container from the heat source and open all your windows and turn on your stove and bathroom fans. DO NOT open your apartment door, doing so could allow smoke to enter the hallway and activate the general alarm. C. USE OF GUEST ENTRY TELEPRONE SYSTEM: When guest(s) come to visit, they will need to ring the tenant from the entrance vestibule to gain access to the building. To identify your guest and protect the security of the building, please do the following: 1. Identify your guest. If there is no answer, or you do not recognize the guest, DO NOT OPEN THE DOOR. It may be an intruder. If you have identified the guest and want to let them into the building, press the number "6" button on your telephone briefly, this will open the locked security door at the entrance vestibule to allow your guest into the building. DO NOT PRESS THE ~JM2BER "6" BUTTON WITHOUT FII1.ST IDENTIYYING YOUR GUEST! D. HALLWAY VENTII,ATION AND APARTMENT DOORS: Apartment doors are to be kept fully closed at all times except for entering and exiting the apartment. Leaving your apartment door open "overloads" the circulation system and does not allow our hallway heating, cooling, and ventilation system to work effectively. Do not prop or leave your door open. Apartment doors are to be kept fully closed when not entering or exiting the apartment. E. APARTMENT HEATING, COOLING AND SYSTEM MAINTENANCE: Tenant's apartment is equipped with an electric thru-wall pump for heating and cooling the apartment. The unit has push-button controls for heating, cooling, fan speed, and off. Also, there is a dial "thermostat" on the unit for temperature adjustment. There is a line at the center position of the dial. Turning the dial increasingly further to the leR of the center line increases the amount of heat. Turning the dial increasingly further to the fight increases the amount of cooling. Tenant must have the push button pushed-in for HEAT or COOL for the "thermostat" dial to work. Tenant will need to experiment with various settings and fan speeds to determine when tenant's apartment is the most comfortable and for energy conservation. Page -19- File:F: 7'WP:handbook ' ' *' Please realize that this type of heating system is not like a furnace-type heating system. The circulating air may not feel "hot" and the fan may continue to circulate air even when the unit is not heating the air. If you are certain the unit is not functioning properly, please fill out a maintenance request form and bring it to the office. The heating/cooling unit has a filter which will be cleaned twice annually by maintenance. However, for proper and clean operation of the unit, please keep the floor area in the unit well vacuumed and even shampooed/hot-water extracted for clean operation. The unit circulates air from the floor level and, if the carpet in front of the unit is not kept clean, it will circulate dust and mold into the room. This is especially important for tenants with allergies, or those with medical hypersenskivity to airborne particles. Tenants with conditions such as these may wish to arrange for additional or more intensive unit cleaning wkh a management-approved heating and cooling contractor (see the manager for more information). Such arrangements, if the tenant feels this is needed, will be made at the tenant's expense. UNDER NO CIRCUMSTANCES IS A TENANT TO HAVE THEIR WINDOWS OPEN WHEN THEIR UNIT HEATING OR COOLING IS ON! If such activity is observed by management, the tenant will be warned about the wasteful use of utilities. A second warning will result in probationary status with termination of tenancy resulting from a third warning of this utility violation. F. USE OF SINK GARBAGE DISPOSAL: Flipping the switch on the wall above your sink activates the in-sink garbage disposal. Tenant must always run the water when operating the disposal. If the disposal will not work, see that there is not a utensil or other inappropriate object in the disposal. Next, look for the red reset button under the sink located on or under the disposal housing. Push the reset button and try running the disposal again. If in doubt, or if an object is tightly lodged in the disposal, fill out a maintenance request for assistance. Never put your hand in the drain area when the disposal is running!. Use caution when operating the disposal and cover the drain with a flow-through stopper when operating the disposal to protect against projectiles. The following items should be disposed of conventionally and never put into the garbage disposal: Do not put these items in ,/our garbage disposal or drain: Bones - Cabbage Cores Banana Peels - Grease, Oil or Lard Fruit Pits - Heaw fruit husks or thick peels Corn cobs and husks - Paper, metal or plastic Meat Fats G. USE OF TRASH ROOMS AND RECYCLING: The trash rooms on each floor have a list of recycling materials for proper disposal and each tenant should consult the list. Tenants are to separate their household garbage and trash for recycling as follows: File:F:TWP:handbook Newspapers. - are to be put into the designated box on the floor in the trash room on each floor. DO NOT PUT magazines or cardboard in this receptacle. Magazines may be discarded down the chute. Corrugated cardboard boxes should be made flat or cut-up and placed beside the recycling containers. Cereal boxes or small gift boxes may be disposed of down the chute. Metal cans, glass containers, and plastic containers - MUST BE RINSED-OUT and placed in the designated recycling barrel in the trash room on each floor. DO NOT PUT FOILS, WRAPS, PACKAGING, PAPER, FOOD, ETC. IN THE RECYCLING BARREL. RINSE-OUT RECYCLABLES BEFORE DISCARDING!! Garbage - is to be placed in a sealed or tied plastic bag and taken to the trash room, centrally located on each floor, and thrown down the chute. DO NOT empty a trash can directly into the chute, as this causes odors and vermin problems. Items which are too large to fit down the chute, must be disposed of privately by the tenant. Do not leave items on the floor of the trash room. Furniture items, large personal appliances, etc., are NOT to be left in the trash room or in the maintenance area. Each resident is responsible for having old furniture and personal appliances hauled away and disposed of properly. lt. USE OF LAUNDRY FACILITIES: The laundry facilities are open 24 hours a day and are for tenant's use only. Tenants and attendants using the laundry facilities to wash clothing are responsible for turning off the lights when they are the last ones to use the facilities. Tenants are not permitted to use the laundry facilities to wash clothing for friends or relatives, nor are tenants to permit friends or relatives to use the laundry facilities unless the person is laundering clothes for the tenant. Guests are permitted to use the laundry facilities only if they are overnight guests .registered with the office and are staying more than five (5) days. The following additional rules apply to the laundry facilities: 1. Heavily soiled or unusually dirty laundry (including bodily waste and fluids) must be pre-cleaned in the tenant's apartment. The use of a disinfectant, such as Lysol, is recommended before and after each load. (Pet owners should consult the pet rules for special instructions on laundry usage.) 3. The laundry equipment is to be operated only by persons age 16 or older. 4. Do not overload the washers or dryers. Remove clothing from the appliance immediately after the cycle is completed. If other tenants are waiting to use the equipment and clothes are left in the appliance, the clothing may be removed by the waiting party and placed in a basket, or on top Page -21- File:F:rWP:handbook .. '":. :..~ ;' ~';~ :::';~ of the appliance, to permit usage by the next person. 6. Dyeing of clothes in the washers is prohibited. I. SPECIAL CONSIDERATIONS FOR VISITING CI:[H~DREN: Children are welcome guests at this facility. However, if children under 16 come to visk a tenant unescorted by an adult, the tenant host must come to the entrance lobby to escort the child or children into the building and to the tenant's apartment. Children are not to run through the halls or on the sidewalks or ride the elevator unescorted. Remember, children are welcome guests but they must be supervised directly by their tenant host when outside of the apartment. J. FOOD AND DRINK COMMON AREAS: Eating and drinking is not permitted in the elevators, hallways, or in the main entrance lobby. Eating and drinking is permitted in all other common areas, however, any spills or messes must be cleaned up by the responsible party. K. SMOKING: Cigarette, pipe, and cigar smoking is permitted only in the tenant's apartment and the exterior of the building. Cigarettes, cigar butts and ashes from smoking outdoors are to be extinguished and discarded in the outdoor receptacles only. Do not throw ashes or cigarette / cigar butts on the'lawn or in the flower beds. Smoking is not permitted in the common areas, including elevators, laundry facilities, restrooms, and stairwells. Please make your guests aware of this policy as well. L. EMERGENCY MEDICALINFORMATION: Upon move in, each tenant is provided with an emergency medical form to indicate emergency information and contact persons. This information will be kept confidential. Please complete the form thoroughly and return it to the office immediately. The office will keep the original and return a copy to tenant to be posted on the inside of tenant's apartment door in case of an emergency. This form should be updated periodically by each tenant. If you have a change in medications, medical conditions, contact persons, telephone numbers, or doctors, please see the office for a new emergency form. It is tenant's responsibility to see that the office has the most current information should there be a need to access it. M. BUll,DING MEETINGS: Periodically, the manager will conduct "building meetings". The meetings are scheduled in advance and tenants will be notified in writing of the meeting dates and times. Every tenant is encouraged to attend these meetings to receive important informational updates, discuss ideas and issues with the manager, as well as to meet any new staff and review important procedures. Please take advantage of these meeting opportunities to directly learn about the issues that affect you and to help formulate new ideas and aid in decision making. If tenants have ideas or concerns Page -22- File:F: 7'WP:handbook ..*' :','..': **. '.~ about the facility and do not attend these meetings they are missing out on an opportunity to make a difference and/or learn correct and helpful information. N. INCIDENT REPORTING: If a tenant suspects another tenant is violating house or lease rules or has a complaint about the conduct of other tenants or guests, then the tenant with the complaint should see the manager personally. It is more likely that the problem can be quickly corrected if the complaint or report is made in writing, signed and dated. The identity of the tenant making the report or complaint will be held in strict confidence. Tenant's privacy and anonymity is of utmost importance in this facility. Remember, if a tenant has a complaint or problem, he/she must see the manager if the tenant expects resolution. The staff cannot be at all places at all times to witness violations. Enforcement of the rules requkes the cooperation of everyone to ensure peace and safety for all tenants. In instances of criminal activity or possible danger, do not hesitate to call the police. The manager may be able to assist but every tenant should feel free to exercise thek fight as a citizen to call for police help when there is a serious incident, or if staff is immediately unavailable. O. RIGItT OF PRIVACY/REASONABLE CAUSE FOR EMERGENCY UNIT ENTRY: Often, the issue arises regarding the health and safety of a resident who others may have not seen in their norm~ routine. Occasionally, friends, neighbors, and relatives have concern for a tenant who has not been seen and request that staff enter the apartment to check on the welfare of a tenant. Staff must have significant and reasonable cause to enter an apartment. Our policy is to first respect the tenant's privacy. The staff does not perform routine "checks" or "headcounts", as this is an independent living facility. This facility does not directly provide assisted living service. For tenants who have recently been ill or have medical or other conditions which may require monitoring it is suggested that arrangements for a monitoring system be made privately. If friends, neighbors, or relatives can provide staffwith sufficient cause for concern then staff will enter the apartment personally. The key will not be given to the concerned person, and the concerned person must wait outside of the apartment. Staff will not enter the apartment in this incident without another staff member. If another staff member is unavailable, then the concerned family member, tenant, or friend shall accompany the staff member to the apartment and remain outside of the apartment during staff entry. Entrance will not be made into the unit without first opening the door and announcing entry from the hallway. Respect your neighbor's right of privacy. Do not come to the lobby or crowd a hallway to investigate when an ambulance comes to the building. Not only is it an invasion of privacy but a gathering crowd may interfere with emergency personnel. A FINAL WORD: Please remember that this is a facility full of all kinds of people; people with different abilities, tastes, beliefs, philosophies, education, backgrounds, religions, likes, and dislikes. It is important that we all accept and respect this fact if we want to live in a peace and harmony. These house rules have been created to allow for such an environment. The staff encourages everyone to make friends, to get involved in activities inside and outside the building and to volunteer. Most importantly, we encourage everyone to respect their neighbor's privacy. Do not get caught up in jumping to conclusions and passing judgment on others. See the manager when you need clarification. Be appreciative or supportive of those who volunteer and provide services, even if you choose not to participate. Remember, it is best if you have nothing nice to say.., say nothing at all! We are glad to have you join us at Two West Penn. Welcome! RESn)ENTIAL DWELLING LEASE FAMILY PUBLIC HOUSING ELDERLY PUBLIC HOUSING by and between THE HOUSING ALrrHORrlW OF THE COUNTY OF _ ,, CUM .P.L XrD aaa _ I , / / p~ h~ be~n ~m~nd~d ~ fo~o~: 6. Obligation of TenAnt (addition) Not to display, use, or posses~ or allow member~ of Tenant's household or gust to display, use or pos.~ss any fu'earms (operable or inoperable), or other offensive weapons as defined by the hws and courts of the i Commonwealth of Penmylvania anywhere in thc unit or clscwhcrc on thc property of the Authority. 1. Procedures for Termination of Lease (replacement of sections B, C, and D; addition section E) B. Management shall give written notice of the proposed termination of thc Lease of: Co 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable time, but not to exceed thirty (30) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staffis threatened; or (1) (2) · Thirty (30) days in any other case. The Notice of Termination to Tenant shall state specific reasons for the termination, and shall inform Tenant of his or her right to make such reply as he or she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination _ .,, ...____ or eviction. When the Authorie/is required to offer Tenant the opportunity fo,-'..: a grievance heating, the notice shall also inform Tenant of the right to request such a hearing with the Executive Director within ten (10) working days of receiving the original termination notice. Notwithstanding the foregoing, the Tenant shall have no right to request a hearing in cases involving a termination of tenancy for an activity including but not limited to criminal activity, that threatens the health, safety, or right of a peaceful enjoyment of thc project premises by other tenants or employees of managemenI, on or off such premises by Tenant, any members of the Tenant's household, or guests or other persons under the Tenant's control. Upon expiration of the applicable notice period as set forth in the written notice provided to the Tenant, set forth in Paragraph B above, and if applicable, upon failure of Tenant to request a hearing with the Executive Director, as set forth in Paragraph B above, then manage- ment shall give written notice specifying that if Tenant fails to vacate the premises within the applicable period, set forth herein, appropriate action will be brought against the Tenant, and the Tenant may be required to pay the costs of court and attorney's fees. The notice to vacate or quite shall provide that: In case of failure of the Tenant to satisfy any rent reserved and due, the notice shall specify that Tenant shall remove within ten (10) days from the date of service of the notice; and In ease of breach of any of the conditions of the Lease, except for the payment of rent, the notice shall specify flint Tenant shall remove within fifteen (15) days from thc date of service thereof. E. It' a Tenant is late in pay4a,,g the rent four (4) times in a one year period, the Housing Author/ty way not renew a Lease with Tenant. written. IN WITNESS WHEREOF, the parties hereto set their hand and seals the day and year first above 'mS COtmTy OF Ct.rMB~.~tU~]f THE HOUSING A.UTHOR/Ty OF Tenan[ PUBLIC HOUSING LEASE ADDENDUM Effective October l, 1999 the Quality Housing and Work Responsibility Act of 1998 (QWRA) established new requkements for the treatment of income changes resulting from welfare program requirements. The Housing Authority of Cumberland County will not reduce the public housing rent for families whose welfare assistance is reduced specifically because of: Fraud; or Failure to participate in an economic self-sufficiency program; or Noncompliance with a work activities requirement However, the Housing Authority of Cumberland County will reduce the rent if the welfare assistance reduction is a resuk of: The expiration ora lifetime time limit on receiving benefits; or A situation where the family has complied with welfare program requirements but cannot or has not obtained employment, such as: The familly has complied with welfare program requirements, but the durntional time limk, such as a cap on the len~h of time a family can receive benefits, causes the family to lose their welfare benefits The Quality Housing and Work Responsibilky Act of 1998 mandates Public Housing Authorities to require that adults living in public housing comply with community service requirements as follows: A. REQUIREMENT Each aduk resident of the PHA shall: Contribute 8 hours per month of community service (not including political activkies) wkkin the community in which that adult resides; or Participate in an economic self-sufficiency program (defined below) for 8 hours per month. Bo EXEMPTIONS ~ Copyright 1999 by Nan McKay & A~sociates To be rcprin~d only with permission of Nan McKay & ~sociates Unlimited copies may be mad~ for internal use 1011199 ACO The PI-IA shall provide an exemption fi:om the community service requirement for any individual who: Is 62 years of age or older; is a blind or dLsabled individual, as defined under section 216[i][1] or 1614 oft. he Social Security Act, and who is unable to comply with this section, or is a primary caretaker of such individual; Is engaged in a work activity as defined in section 407[d] of the Social ~ecurity Act; Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or Is in a family receNing assistance under a State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work progam, and has not been found by the State or other administering entity to be in noncompliance with such program. The PI-IA will re-veri;-y exemption status annually except in the case of an individual who is 62 years of age or older. The PHA will permit residents to change exemption status during the year i.f status changes. C. DEFhNITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement, participating in an economic self-sufficiency program ks defined, in addition to the exemption definitions described above, by one of the following: Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan; Participating in an educational or vocational training program designed to lead to employment, at least 30 hours per week; Improving the physical environment of the resident's development; Volunteer work in a local school, hospital, child care center, homeless shelter, or other community service organization; Copyright 1999 by Nan McKay & Associates To be reprinted only with p~-rmisaion of Nan McKay & Azsociatcs U.~fimimd copies may be made for internal uae I 0/1/99 ACO Working with youth o~anizations; Helping neighborhood groups on special projects; Raising young (pre-school) children at home where spouse is working; Participation in programs that develop and strengthen resident self- responsibility Such as: Drug and alcohol abuse counseling and treatment Household budgeting Credit counseling English proficiency; or Other activities as approved by the PHA on a case-by-case basis. The PHA will give residents the greatest choice possible in identifying community service opportunities. The PHA will consider a broad range of self-sufficiency opportunities. D. ANNUAL DETERMINATIONS Requirement -For each public housing resident subject to the requirement of community service, the ?HA shall, 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with the principles of due process and on a nondiscriminatory basis. E. NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied with the requirement, the PHA shall notify the resident of such noncompliance, and that: The determination of noncompliance is subject to the administrative grievance procedure under the Housing Authority's Grievance Procedures; and Unless the resident enters into an a~eement to comply with the community service requirement, the resident's lease will not be renewed, and The Housing Authority may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to terminate Copyright 1999 by Nan McKay & Assoclate~ To be reprinted only with permission of Nan McKay & Associates Unlimited copies may be made t'or internal use 10/1/99 AC0 the tenancy oft. he household, unless the PHA enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the community service requirement, by participating in an economic self-sufficiency program for or contn'buting to commmnky service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. Ineligibility for Occupancy for Noncompliance The PHA shall not renew or extend any lease, or provide any new lease, for a c~elling unit for any household that includes an adult member who was subject to the commanity service requirement and failed to comply with the requirement. F. PI:IA RESPONSIBILITY The PI-LA will ensure that all community service programs are accessible for persons with disabilkies. The PHA will ensure that: The condkions under v-b. ich the work is to be performed are not hazardous; The work is not labor that would be performed by the Housing Authority employees responsible for essential maintenance and property services; or The work is not otherwise unacceptable. G. PHA IMPLEMENTATION OF COMMUNITY SERVICE R]gQUIREMENT The PI-IA will admin'ister its own community service program, with cooperative relationships with other entities. The Pt-IA will provide to residents a brochure of community service and volunteer opportunities available throughout the communitY. Additional language has been added to 2E. Security Deposit The Housing Authority will not return the security deposit if the tenant does not provide a 30 calendar day Notice of Intent to vacate, has leased the unit for less than a 12 month period, or has not provided the Housing Authority with a forwarding address. If the tenant transfers to another unit the Housing Authority will transfer the security deposk to the new unit. The tenant will be billed for any maintenance or other charges. Copyright 1999 by Nan McKay & ~ociates To be reprinted only with permi~ion of Nan McKay & As.sociates Unlimited copies may be made for inmmal u~c I 0/1/99 ACO This Lease Addcnd~m is incorporat~l into tl~ Lease executed or mnewecI this clay between Owner arid Tenant. OWNER TENANT Copyright 1999 by Nan Mc. Kay 8~ To b~ r~:~'intmt only wifl~ pm. mimion of Nan McI~y Unlimir~'d copies may lm mad~ for into'hal use 10/1/99 LEA. SE ADDEND~,, This lease a.ddenm~m made tlfis 15 ~'daY of :.~0,.~____~.c'L_~=, allached, to the original lease Dr 3,om: apm'tme~- ~--ooo ~Z)O ~ } 0-~ shall be By the.signing of this agreement, yo~ original ].ease, with the addition of the following: ,, *To pay all the necessary legal fees expended b3' management for enforcement of the provisions of tt~ lease agreement. *If a tenam is late in paying the rent three times in a one 3'ear period, the Housing Authority will not sign a new lease with them. Effective date of revision July 1, 1999. shall be extended one year ~om the expiration date of Lite oriEinal document. Alt prescribed rules and regulations incorporated in tt~, the oriEiaat lease, shall also be extended for this time period. Rent for the period be~ ~=~ ')'- O O and ending at mi~ight 'J ',:5/ ' O } , slmll be ,)~::,~ , payable~ol~laterthan ~ '}.O6 . Thereafter, monltdy rent in that amount of )~-~ ~. shall be ~lue on or before the first day of each mo~h. Alal~ charge of $25.00 shall be impos, ed for any rent not received by the faith working day of the month. OF s OUS OLO r orrr OF " ~ ~~SS ~OF, ~te pmies h~eto have heremo set th~ h~t~ ~td sea~ ~e day md ye~ ~ above ~. HOUS~G A~O~ OF ~ WITNESS COUNTY OF CUMBERLAND Cmnbefland Couaty Ho~ wrl~/ESS le~eadd, doc PLAINTIFF'S EXHIBIT LEASE ADDENDUM This leaseaddendummadeth's ~o~.ur~ffp1~tYmO:nt~x_Go 20. G..Q-L, shallbe attached to the original lease for By the signing'of this agreement, your original lease, with the addition of the following: *To pay all the necessary legal fees expended by management for enforcement of the provisions of this lease agreement. *If a tenant is late in paying the rent three times in a one year period, the Housing Authority will not sign a new lease with them. Effective date of revision July 1, 1999. shall be extended one year from the expiration date of the original document. All prescribed rules and regulations incorporated in this, the original lease, shall also be extended for this time period. Rent for the period begin, ning ~. ' ) -© / and ending at midnight ~ .--x.\ . OD , shall be%) ~ ~ , payable not later than oD.-} '01 · Thereafter, monthly rent in that ~'iuount oft} }/0D-. shall be d~e on or' before the first day of each month. A late charge of $25.00 shall be imposed for any rent not received by the fifth working day of the month. MEMBER OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: ~ .., IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. HOUSING AUTHORITY OF THE BY WITNESS COUNTY OF CUMBERLAND umberland County Hous~) WITNESS TENANT leascadd.doc LEASE ADDENDUM shall be attached to the odginaI Lease for Apartment No. 107, Twa P · Carlisle, Pennsylvania. Upon execution of this Addendum, the original Lease for the undersigned Tenant shall be extended to January 31, 2003. incorporated herein are all prescribed rules and regulations for Two West Penn Apartmen~ and the terms and conditions of the original Lease. Notwithstanding the foregoing, the parties hereto agree that Tenant does not waive any objections that he has to Paragraph IV.M. of the Tenant Handbook and House Rules, pertaining to unit transfers/specially equipped units. U pon execution of this Addendum, it is agreed and understood that the following provisions are incorporated into the Lease Agreement: Tenant is to pay all the necessary legal fees expended by management for enforcement of the provisiOns of t. his Lease Agreement. if the Tenant is late in paying the rent three (3) times in a one-year period, the Housing Authority will not sign a new Lease Addendum with Tenant. Rent for the period beginning February 1, 2002, and ending at midnight January 31, 2003, shall be One Hundred Sixty-Eight Dollars ($168.00), payable no later than Februa~ 1, 2002, and, thereafter, monthly rent in the amount of One Hundred Sixty-Eight Dollars ($168.00) shall be due on or before the first day of each month. A late charge of Twenty-Five Dollars ($25.00) shall be imposed for any rent not received by the fitch working day of the month. Members of Tenant's household having right of occupancy: Larry Wilkinson PLAINTIFF'S · Ex.,.,T I IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above wdtten. WITNESS / . / HOUSING AUTHORITY OF THE COUNTY OF CUMBERLANO TENANT L-ARR¥ WILKINSON F:~.HOUSTO N~LesAdd wgd HOUSING AUTHORITY OF CUMBERLAND COUNTY TWO WF~T PENN APARTMENTS TWO WEST PENN STREET CARLISLE, PA 17013 (717} 249-3484 Jtme 5, 2000 TO: Residen~ of TWP FROM: Cathy ~ SUBJECT: Gossiping and hurtful t~lkiag For those of you who aren't gossiping and saying httttful things to other residents of TWP, please disregard this letter. The gossiping in tiffs building must stop[ Those of you who are doing it don't realize what you ate doing to the person you ate talking about. It can cause even more physical or mental problems than what they akeady have[ Also, huaful tal~ing to someone else must stop. If you cannot say somet.~ nice to another persom don't say an~ at all. We have alot of great activities going on in this buildi~ - the first time in our history. Let's keep it going! You don't tenliTe all of the good our activities ate doing. I don't want it spoifed by gossip or tnulful t~lking! If there is a problem going on, let me know about it. Talking about it all over the building will not solve anything, it will only make things wome! Also, gossiping is considered hatassmenl. If it can be proven, it can be cause fo~ termin~on of your lease. Any questions about this letter, come and t~lk to me. GOEBEL & VIGEN ~'STCMO I~, I~-T5 Juna 20, 1997 Honorable William O'Bryan Adntinistrative Law Judge Oklahoma City, OkJahoma RE: Larry W. Wilkinson SSN: 447-48-3289 Dear Judge O'Bryan: I have met with, briefly interviewed, mid reviewed two letters concen~hlg the psychiatric diagnosis of Mr. Larry W. Wi!.kJnson, In letters apparen, tly already in your possession from Mr. Brian McDowell, a Master oFDivinity and counselor/therapist., and Dr. Gerald Baker, a licensed psychologist, both in Shreveport, Louisiana, hoax men confirm a DSM-IV cli. agnos.i.s of Bipolar I Disorder, 296.54, with ~he fourth and fifth digits indicating rapid cycling pattmrn and severe manic episodes with psychotic features. Although I have not psychometrically tested Mr. Willdnson or had the opportunity to thoroughly review his psychiatric history, he presents a history and presents interpersonally in a way which is consistent with tkis diaga~osis. As I understand it, the cra'rent question concerns the extent to which previous disability awards to Mr. Wilkinson may have been based on a diagn..os~s of alcoholism or alcohol abuse. It is my hope to clarify and separate that issue front the issue of the Bipolar Disorder. Mr. Wilkinson is fot~chcoming in admitting to a history of alcohol abuse but this is not of a type, intensity, or duration which under any imaginable circums 'tances would produce the psychiatric syanptoms which i and these other profhssionals diagnose as Bipolar Disorder. It is conunon for people with the diagnosis of Bipolar Disorder to se!f-medicate w~th alcohol and other substances an.d such co-occurence is well documented. In general we consider a history bfalcohol abuse in a parson diagnosed with Bipolar Disorder a'~s secondary to and a product of the primary disorder of Bipolar Disorder. ilkin~on, Larry Page 2 of 2 In my brief discussion with Nit. Wilkinson it also appears he has never received adequate and continuing psychiatric tream~ent to assist him in managing the difficulties that arise as a product of his Bipolar Disorder. '- While I realize ~mt is away from point in this current issue I wish to docmnent and leave that for your consideration. If' I may be of any fu.rther assistance in this mater please contact me. A. Michael Johnson, 'Ph.D. Clinical Psychologis~ License Number: 703 AM,Y/sd The Vet Center 2800 Youree Drive Shreveport, LA 7l 104 (318)861-1776 June 6, 199'7 RE: Larry W. Wilkinson SSN'. 447-48-3289 To Whom It May Concern: This 50 year old white, male veteran presented himself to this Vet Center for assistance on this date. He has a diagnosis Of Bipolar 1~ Disorder, DSM-I'V 296.54. Specifically, Mr. Wilkinson is recluesting some interpretation of this diagnosis. The initial question pertains to any relationship of this diagnosis to co-occurring alcohol dependency. Any time the symptoms, especially the Manic and Depressed episodes, occur without there having been any alcohol used for a period.o.f' at least one month, the diagnosis must be that of Bipolar I and not Substance-Induced Mood Disorder. Acco'rding to Mr. Wilkinson and the records he provides, his symptoms have occurred and been observed clinically altogether apart [?o~,n any substance use/abuse. In this situation, the diagnosis, 296.54 is independent of alcohol abuse, and would be in e.,dstence if alcohol abuse were not in the picture. The severity index of "4" indicates the presence of either delusions or hallucinations or both, and these features are associated with a very poor prognosis, i.e., the conditions will not improve, l~n order to assign a severity index of"4", as has been assigned to Mr. Wilkinson, there must be an observable disability (e.g., inability to work or care for children), as required by DSM- [V (see pages 376-377). Also, this severity rating is the most severe form of Bipolar I Disorder. Mr. Wilkinson states that the VA Medical Center psychiatrists who cared ~'or him in Kansas City, stated that he is a rapid cycler. Again, according to DSM-IV, rapid cycling occurs' in approximately 5% to 15% or'persons with Bipolar [ Disorder and is associated with a poorer longer-term prognosis (see pp. 390-391). This veteran is obviously bright and well educated but given his history ofwork and homeslessnes$ suggests that his mental condition interferes significantly with his ability to carry on a normal l. ife. Please give this worthy veteran eveu possible consideration. Sincerely, B~~ i~. McDowetl, M.Div. Readjustment Counselor-Therapist PLAINTIFF'S EXHIBIT (._qERALID K. BAKER. PH.D. 70~ KINGS 14W¥. To whom it may concern: This is to confirm I have reviewed Mr. Larry W. Wi!kinson's (447-48-3289) records and also hava conducted a brief evaluation. I would presently concur with the diagnosis of DSM IV 296.54 which he received 6/96 at tke Kansas City, VAMC. This' diagnosis would exist exclusive of any alcohol use. In my opinion he in unable to obtain gainful employment and is presently disabled. This appears to be a chronic condition with a poor prognosis. '" ", '. ~ '; ':; '~-';' '~' :' 114 N. It )ER ST. - STE. 104 · CARLISL~ PA 1' ~-2445 TelephoneYlN)Y (717) 249-1315 · (717) 697-7703 · (717) 532-8805 · Fax(717) 2m~-5988 ° ccha3@pa.net HOUSING AUTHORITY OF ~ COUNTY OF CUMBEI~I,A1N~ · Rental Housing for Families · Rental Housing for Elderly · · Rental Housing [or Persons with Special Needs · · Rental Assistance Programs · · Ftrst-Tlme Homebuyer Programs · · Supportive Services/Empowerment Programs · November 30, 2000 Mr. Larry Wilkinson cio John J. Baranski, Jr., Esquire Law Offices of Harold S. Irwin, 35 East High Street, Suites 201 and 202 Carlisle, PA 17013 RE: Summary of Informal Hearing - August 22, 2000 Dear Mr. Wilkinson: As a follow up to your attorney's letter of November 28, 2000, it is our understanding that you do not wish to continue to waive the five day time period for issuance of the summary of the above-referenced informal hearing. Accordingly, the summary of the discussion is as follows: 1. Names of Participants. - John J. Baranski, Jr., Esquire, Christopher C. Houston, Esquire, Larry Wilkinson, Kathleen Laser, Yvonne Heckler, and Christopher Gulotta Date of the Meetinq - August 22, 2000 Nature of the Proposed DLsp_~.~it__.iOQ - By lette~' dated August 1,2000, Kathleec Laser, Assistant Director of Operations for the Housing Authority (hereinafter "Authority") advised Mr. Wilkinson, a resident of Two West Penn Apartments, Apartment 107, that Mr. Wilkinson was going to be evicted from his apartment based on the fact that he failed to comply with the Lease Agreement Addendum, specifically Section M of the Tenant Handbook and House Rules, as it pertains to the transfer of an ineligible tenant from a "mobility equipped" apartment to a conventional (non-equipped) unit. It is the Authority's position that it has taken into consideration Mr. Wilkinson's disability and made reasonable accommodation in the request for transfer by offering the following: SERVING cUM~~ COUNTY SINCE 1975 PLAINTIFF'S E~.H.IBIT Mr. Larry Wilkinson 2 November 30, 2000 An Do Giving a longer time period than required to accomplish the transfer; Providing a larger apartment; So as to relieve the stress upon Mr. Wilkinson, utilizing the Authority staff to assist in the move; and Paying for the TV Cable transfer charges, in addition to the payment of the costs required by the Tenant Handbook and House Rules. Mr. Wilkinson has argued that a reasonable accommodation would be to allow him to continue to stay in his apartment and not be required to transfer. At the informal hearing, Mr. Wilkinson provided medical reports confirming Mr. Wilkinson's disability as well as a copy of a memorandum from Mr. Wilkinson's son requesting that the Authority reconsider its position on proceeding with the eviction. Due to the fact that the Authority has received a request from a mobility impaired disabled person to occupy a specially equipped unit and due to the fact that Mr. Wilkinson occupies a unit specially equipped for the mobility impaired, and he does not need the specially equipped features of his unit, then in accordance with the Tenant Handbook and House Rules, Mr Wilkinson is required to transfer. Due to the situation presented before it, i.e., the competing interests of disabled persons, the Housing Authority suggested at the informal hearing that an advisory opinion should be requested from the Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity. The parties agreed at the informal hearing to hold the eviction process in abeyance pending receipt of an advisory opinion from HUD, as aforesaid, which involved Mr. Wilkinson agreeing to waive the five working day period within which the Authority is to provide a summary and disposition of the results of the grievance hearing. Since the date of the informal hearing, the parties have been advised by HUD that it w~ll pot issue an advisory r~pimnn. Ry ietter d~fed iqovember 21,2000, cour~s~i for the Authority requested Mr. Wilkinson to continue the waiver of the five working day requirement for the issuance of the summary of the discussion, pending a conclusion of the HUD investigation and the Complaint pending before the Pennsylvania Human Relations Commission. By letter dated November 28, 2000, Attorney Baranski advised the Authority that Mr. Wilkinson would not continue to waive the five day time period for the issuance of the summary discussion and requested that said decision be issued. The proposed disposition is for the Authority to proceed with the eviction. Mr. Larry Wilkinson 3 November 30, 2000 Specific Reasons for the Disposition - It is the Authority's position that Mr. Wilkinson has violated Section M of the Tenant Handbook and House Rules, which are incorporated into the Lease Agreement, in that Mr. Wilkinson has been requested to transfer from a specially equipped unit, the features of which he does not need, and he refuses to move. It is, further, the Authority's position that it has made a reasonable accommodation to Mr. Wilkinson for the reasons as set forth above. If you are dissatisfied with the proposed disposition of the grievance, you may submit a request for a hearing within fifteen (15) working days of the date of this letter. The request must be presented in writing to Christopher C. Houston, Esquire, Counsel to the Housing Authority, at 114 North Hanover Street, Carlisle, PA 17013. Your request must specify the reason for the grievance request and the relief sought. You must be advised that should you not request a formal hearing within the time period, as aforesaid, you waive your right to a hearing, and the Authority's proposed disposition of the grievance will become final. This does not constitute a waiver, however, of your right to contest the Authority's disposition in an appropriate judicial proceeding. Your attorney has previously been provided with a copy of the grievance procedures and you are advised to consult with counsel. Very truly yours, ~on~ne Heckler Director of Operations kb CC: Christopher C. Houston, Esquire Kathleen Laser Catherine Mowery Christopher Gulotta F:\HOUSTON\3NOV30.WPD John J. Baranski 35 East High Street Suite 201 Carlisle, PA 17013 A. Michael Johnson, Ph.D. 2016 FM 407 # 350 Highland Village. TX 75077 Phone - 972-317-462~ Fax - 97'2-31 7-.45t 8 amih~ix.netcom.com January31,2001 Dear Mr. Baranski: I have been asked to write a letter on behalf of Mr. Lam/Wilkinson related to his wish not to mo~ from a *Mobility Impaired" aparlment into a 'regular unit'. I evaluated Mr. W'~kinson in 1997 and also reviewed the reports el~ other mental health professionals. At that time it was my opinien that Mr. W'~kinson was accurately diagnosed with Bi-Polar Diso,"der. Bi-Pola.~ Disorder ~ that we commonly refer to as Manic Depression. In Mr. W'~lkinson's case, this is a particularly difficult expression of the disease, including rapid shifts from manic to depressiee phases and severn manic episodes with psychotic experiences. Those psychotic experiences may include delusions. I)articularl¥ delusions of 13ersecution and grandeur, hallucinations, and other disturbances of contact with reality, i also found that, to that date, Mr. VVikinson's disease had not been adequately treated, probably due to the instability of his life. He had evidentially abused alcohol in an effort to cope with his psychiatric problems. Bi-Polar disorder can be managed via medication and pmjcflothemp¥. However, it cannot be cured i3 the conventional sense. Continuing tmalment and lifestyle adjustments am required to reduce the probability of the recurrence of me symploms. Even under the best of circumstances, thb cannot always be achieved. Bi-Polar disorder creates a fragile condition in people and therefore renders them mom vulnerable to both acute and chronic ~-essors. Slress has often been associated as a triggar~g event for beth de~'essive and manic episodes. Also, because the manio-psychotic pllase of the illness creates the illusion of power and control and because that phase allows escape from reality into psychosis. Bi. Polar sufferers may choose not to take their medication under stress in order to achieve that gain. The risk of suicide among those suffering with Bi-Polar Disorder is off the order of five fold in contrast to the general population. The risk of suicide is also elevated among disabled people, alcoholics, and single men beyond middle age. That said, it is quite reasonable to e~me that the Mr. WilkJnson'$ potentia~ for suicide is quite high. Naturally, the iil~'oduction of any stressor, further raises the I~(ei~ood of suicide. In summary, it is my opinion that Mr. W'dkinson's well being and safety are best served if he is allowed to remain in his current apartment. Please feet free to contact me if I may be of furlher assistance. Sincerely, A. Michael Johnson, Ph.D. SETTLEMENT AGREEMENT between The United. States Department of Housing and Urban Development and The Housing Authority of Cumberland C~unty 114 N. Hanover Street Suite 104 Carlisle, PA 17013-2445 (Recipient) Verified complaints, case number 03-00-0052-4 under Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504), and case number 03-00-0053-D under the Americans with Disabilities Act (ADA), having been filed August 10, 2000, and the Secretary of the United States Department of Housing and Urban Development, (the Secretary), having decided to resolve, and the.matter having been conciliated, it is agreed that a settlement be entered into under the following-terras and conditions: WHEREAS the Complainant, Larry Wilkinson, alleges that the Recipient discriminated against him on the basis of his mental disability by failing to make a reasonable accommodation. The accon~nodation requested by the Complainant was that he not be transferred to another unit, but be allowed to remain in his unit (~107) located at Two West Penn Apartments, Carlisle, Pennsylvania. The Complainant also alleges that the Recipient's unit transfer policy has a disparate impact on mentally disabled tenants. WHEREAS the Recipient and the Department engaged in conciliation discussions on January 8, 2002, to resolve this matter. WHEREAS the Recipient decided to resolve this matter without a finding and agrees to the following: I. Provisions 1. It is understood that this Agreement does not constitute an admission by the Recipient of any violation of Section 504, ADA, or State and local fair housing laws. 2. The Recipient shall fully comply with the provisions of Section 504, ADA, and State and local fair housing laws. 3. Upon the execution of this Agreement, the Recipient shall permit the Complainant to continue to reside in his unit, Unit 107, Two West Penn Apartments, Carlisle, Pennsylvania, an~the Recipient will allow the Complainant to reside in the unit as long as the Complainant continues to comply with the terms and conditions of his lease. 4. Within sixty (60) days upon execution of this Agreement, the Recipient will revise the language in its transfer policy to e~u~re that it complies with all applicable fair housing laws a~d does not have a disparate impact on protected classes, including persons with physical and/or mental disabilities. 5. Within ninety (90) days upon execution of this Agreement, the Recipient must re-assess the needs of current tenants and applicants on its waiting list for accessible units, the extent to which such needs have not been met and alterations otherwise contemplated. 6. It is agreed and understood that the Secretary may review compliance with this Agreement, and as part of such review may require documentation concerning complLance, may examine records~ interview staff, and inspect the premises upon reasonable notice. 7. This Agreement shall become effective when signed by the Director of the Office of Fair Housing and Equal Opportunity and shall remain in effect until its provisions are fulfilled. If it is determined that the provisions of this Agreement are not being implemented, the Director of the Office of Fair Housing and Equal Opportunity will recommend hat the United States Department of Justice initiate court action to enforce the terms of this Agreement. II. Reporting Requirements 1. Within thirty (30) days of the effective date of this Agreement, the Recipient will submit to the Department its revised transfer policy. 2. Within ninety (90) days of the effective date of this Agreement, the Recipient will provide to the Department evidence of its re-assessment of the needs of current tenants and applicants on its waiting list fcr accessible units. If':the Recipient determines, on the basis of its re-assessment, that alterations to make additional units accessible must be made, the Recipien~ shall develop a plan to achieve accessibility. The plan shall, at a minimum, (1)identify physical obstacles in the Recipient's dwelling units that limit accessibility; (2~ describe in detail the methods that will be used to ~hke the Recipieht's dwelling units accessible; and (3) specify the schedule for taking the steps necessary to achieve compliance. SIGNATURE PAGE Section 504 case number - 0300-0052-4 ADA case number - 03-00-0014-D Christopher Gulotta Executive Director Housing Authority of Cumberland County ~T~rist~p~'r ~ouston, Esquire Representing Attorney Housing Authority of Cumberland County Date APPROVED ON BEHALF OF THE SECRETARY: Albert C. ~rier ' Equal Opportunity Specia.!ist Wa~ C. Rucker Chj_~f, Enforcemenk' Branch Wanda S. Nieves/ Director Philadelphia Hub, Office of Fair Housing and Equal Opportunity Date Date ' / Date LARRY W. WILKINSON, Plaintiff Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; : CHRISTOPHER GULLOTA; SUE A. : WOLF; CATHERINE MOWERY; : AND YVONNE HECKLER, : Defendants : NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CIVIL TERM YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS iPAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACIION POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 LARRY W. WILKINSON, Plaintiff THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3841 CWIL TERM SECOND AMENDED COMPLAINT Plaintiff hereby incorporates paragraph's 1 through 172 of Plaintiff's First amended Complaint as set forth therein by reference herein. COUNT VI - BREACH OF COVENANT OF QUIET ENJOYMENT Larry W. Wilkinson v. The Housing Authority of Cumberland County, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler. 173. Plaintiff incorporates by reference Paragraphs 1 through 172 of his complaint as if set forth herein in their entirety. 174. Plaintiff, as a tenant, is entitled to quiet enjoyment of his premises. 175. The Authority, as Plaintiff's landlord, owes Plaintiff a duty to protect and preserve Plaintiff's quiet enjoyment and to avoid taking actions and avoid non-action that would interfere with Plaintiff's quiet enjoyment. 176. Defendants Gullota, Heckler, Mowery and Wolf, as employees of the Authority, owe Plaintiff the same duty as the Authority, to preserve and protect Plaintiff's quiet enjoyment and the avoid taking actions and avoid non-action that would interfere with Plaintiff's quiet enjoyment. 177. Defendants breached this duty and interfered with Plaintiff's quiet enjoyment by creating additional stress and aggravating Plaintiff s condition by threatening to relocate Plaintiff against his will, from his home of more than two years, 178. Defendants breached this duty and interfered with PlaintifFs quiet enjoyment by additional stress and aggravating Plaintiff s condition by threatening to evict Plaintiff from his home of more than two years for failing to relocate. 179. Due to PlaintifFs increased sensitivities to stress and the fragility of his mental state, which Defendants were aware of, the threat of relocation and then of eviction had a greater impact on Plaintiff then it would on a non-mentally disabled tenant. 180. In breaching their duty and interfering with PlaintifFs right to quiet enjoyment, Defendants caused Plaintiff physical, emotional, psychological and financial harm. 181. Defendants breach of their duty to Plaintiff and interference with PlaintifFs quiet enjoyment increased the frequency and severity of the symptoms of Plaintiff's pre-existing condition. Some of these symptoms are: a) feeling of hopelessness and despair, b) changes in weight, c) anti-social behavior, d) suicidal thoughts, e) increased alcohol use, f) disturbance in sleep pattern g) depression, h) mania i) aggressive behavior, and j) aggravation of the preexisting chemical imbalance in Plaintiff's brain and k) reclusiveness. 182. Defendants' actions in threatening to relocate and then evict Plaintiffwere the proximate cause of the above injuries and these injuries were of a continuing nature from May 2000 through March 2002. 183. In addition, Plaintiff incurred out of pocket expenditures as a result of Defendants' actions, for which Plaintiff is entitled to compensation. WHEREFORE, Plaintiff demands an award of compensatory damages in his favor and against Defendants in excess of the arbitration limit for Cumberland County, plus punitive damages, interest, costs of suit, reasonable attorneys fees and any other remedy this Honorable Court deems just and proper. Respectfully submitted, BLAKEY, YOST BUPP & RAUSCH, LLP John J. Baranski, Jr., Esquire Supreme Court Id. # 82585 17 East Market Street York, PA 17401 (717) 845-3674 Attorney for Plaintiff VERIFICATION I, John J. Baranski, Jr., Esquire, do hereby verify that I am the attorney of record for the Plaintiff and that the facts set forth in the foregoing Amended Complaint are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: Counsel for Plaintiff Allen C. Warshaw, Esquire PA I.D. #17145 Jill M. Lashay, Esquire PA I.D. #79985 Klett Rooney Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 Attorneys for Defendants Christopher Gulotta, Sue A. Wolf, Catherine Mowery and Yvonn LARRY W. WILKINSON, . Plaintiff, Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants. IN THE COURT OF CO OF CUMBERLAND CO PENNSYLVANIA NO. 02-3841 CIVIL TEI~ PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO PLAINTIFF'S FIRST AND SECOND AMENDED COMPLA Defendants the Housing Authority of the Coun of C "A · ,, · ty umberland uthonty ), Christopher Gullotta, Sue A. Wolf, Catherine Mowery, and Yvor~ their undersigned counsel, file preliminary objections in the nature of a demurre First and Second Amended Complaints, seeking dismissal of Plaintiff's case for valid causes of action against Defendants despite being granted opportunities to complaint. Plaintiff filed an initial Complaint in this matter on or about Febr Defendants filed Preliminary Objections on February 25, 2003. Heckler VIMON PLEAS UNTY, M ~ary 3, 2003. mended Preliminary KRLSPGH:Wilkinson Amended PO.wpd On or about March 18, 2003, Plaintiff exercised his right to file A Complaints without leave of court within twenty days of the filing of Defendants Objections. (the ~e Heckler, by r to Plaintiff's failure to state amend his [NTS COUNT I DEMURRER 4. In Count I of his First Amended Complaint, Plaintiffpurports to allege a cause of action for negligent infliction of emotional distress. 5. In his attempt to plead a legally sufficient Complaint, Plaintiff indicating that the Defendants have a fiduciary duty to the Plaintiff to recogn sensitivities" and "eccentric behavior." First Amended Compl. 77 112, 113. Fi avers that Defendants breached their duty by failing to grant the accommodati, falling to protect Plaintiff from stressors, failing to properly handle Plaintiff's mental fragility, threatening to relocate Plaintiff, and threatening to evict Plait Ame.nded Compl. 7 115. Plaintiff also avers that Defendants actions or inacti, prommate cause of the alleged harm and injuries. First Amended Compl. 77 6. Count I remains legally insufficient in that the facts so alleged: a. Do not establish a contractual or fiduciary duty of care. b. Do not establish a breach of a contractual or fiduciary d~ c. Do not establish damages proximately caused by any bre care. do Reveal that any alleged injuries result from a subjective or circumstances and not from any act of Defendants. COUNT II DEMURRER 7 In Count II of the First Amended Complaint, Plaintiff purports t~ action for violation of Section 504 of the Rehabilitation Act of 1973 and HUD 1~ C.F.R.B., Ch. 1, § 100.204. 8 In his attempt to plead a legally sufficient Complaint, Plaintiff ha language indicating that a reasonable accommodation was necessary to "prevent First. Amended Compl. 7 122. Further, Plaintiff avers that" · months" Defendants ,,,-~-,---~.--- --,~ ..... [o]ver a period oftu ,~,,-~mny reIusea to wmve me transfer provisions set forth Handbook. First Amended Compl. 7 123. 9 Plaintiff's claim continues to be legally deficient because Plaintiff cause of action for violation of Section 504 oft he Rehabilitation Act of 1973 and Regulation 24 C.F.R.B., Ch. 1, § 100.204. Since Plaintiff never moved from his has added language ~,e "increased n'ther, Plaintiff )n requested, emotional and tiff. First ,ns were the 16, 118. ty of care. ach of duty of eaction to events allege a cause of .egulation 24 s added discrimination." enty-two in the Tenant fails to state a HUD apartment, KRLSPGH:Willdnson Amended PO.wpd 2 accommodations were not required. discrimination of any sort. Therefore, he was not denied benefits or subjected to COUNT III DEMURRER 10. In Count III of his First Amended Complaint, Plaintiffpurpo~ of action for violation of the Americans With Disabilities Act and HUD Regu Part 35. 11 In an effort plead a legally sufficient Complaint, Plaintiff has a indicating that the Authority discriminated against him when it gave "... at le handicapped individual preferential treatment..." over him. First Amended £ ~.s~her, Plai.ntiff avers that Defendants unlawfully forced him to choose betw~ ome or I~eing evicted, for a 22 month period,, until HUD required Defend~ stay. First Amended Compl. ¶ 135. 12 Count II1 of the First Amended Cfomplaint is legally insufficienl fails to state a cause of action for violation of the Americans With Disabilities Regulation 28 C.F.R. Part 35. Accommodations were not required, because P1 moved from his apartment. Accordingly, he was not denied benefits or subject discrimination of any sort. COUNT IV .DEMURRER 13 In Count IV of his First Amended Complaint, Plaintiffpurports of action for violation of the Fair Housing Act of 1988. 14 In an apparent effort to cure the deficiencies in this Fair Housing claim, Plaintiffhas added language indicating that an accommodation was nece~, discrimination. Further, Plaintiff contends that Defendants violated the Fair Hol 1988 by refusing, over a 22 month period, to make reasonable accommodations. Compl. ¶¶ 142, 142 (sic). · 15 Count IV of the First Amended Complaint is legally insufficient t fails to state a cause of action for violation of the Fair Housing Act of 1988. PI, i all times in the unit, thus accommodation was not necessary to afford Plaintiff m opportunity to use and enjoy the dwelling. ts to allege a cause lation 28 C.F.R. tded language ~st one physically :ompl. ¶ 134. ~.en relocating from ms to allow him to because Plaintiff a, ct and HUD fintiffnever ~d to o allege a cause Amendment Act sar3, to prevent ~sing Act of First Amended ecause Plaintiff ntiff remained at equal KRLSPGH:Wilkinson Amended PO.wpd 3 16 action for violation of the Pennsylvania Human Relations Act. 17 This Complaint contains new conclusory allegations about D, violation of the Pennsylvania Human Relations Act. Plaintiff now claims in through 156 Defendants' actions in refusing to make a reasonable accommod contravene the Pennsylvania Human Relations Act, that for a 22 month treated Plaintiff differently than a nh,,sicall,, ~,~: ..... -, ..... · -; y ,~m.ux~appett tenant, ana mat am Plaintiff was faced with having to choose between moving or being evicted. Compl. ¶¶ 151-156. 18 Count V is legally insufficient because Wilkinson fails to state for violation of the Pennsylvania Human Relations Act. By his own admissiol occupy the apartment unit in question. First Amended Compl. ¶ 22. Accordir to establish the denial of his request for accommodation. COUNT V DEMURRER In Count V of his First Amended Complaint, Plalntiffpurport~ to allege a cause of COUNT VI DEMURRER 19 In Count VI of his First Amended Complaint, Plaintiff purports of action for intentional infliction of emotional distress. 20. In his attempt to plead a legally sufficient complaint, Plalntiffh~ indicating that: Defendants have or should have a duty to educate themselves tc of the Plaintiff, over a period of 22 months Defendants intentionally denied Pla an accommodation, the Defendants knew that Plaintiff was susceptible to stress would harm him, the Defendants' actions taus,~-~ ~..:~:-,-, .... · - ,~u ,utuiueu tenaencles anti placed danger of bodily harm, and the alleged outrageous conduct of Defendants is the of Plaintiff's injuries. First Amended Compl. ¶¶ 163, 164,166,167, 171. Count VI remains legally insufficient in that the facts so alleged: Do not establish that the conduct of the Defendants was e outrageous. bo Co Do not establish that the Defendants acted intentionally o~ Do not establish that the Defendants' actions caused sever distress and any resulting bodily harm. 21. f'endants' purported mragraphs 151 ition directly Defendants ag that period 5rst Amended cause of action he continues to gly, he has failed to allege a cause .s added language the special needs .ntiff's request for and that stress him in imminent proximate cause rtreme and recklessly. emotional KRLSPGH:Wilkinson Amended PO.wpd 4 d. Do not establish that the Plaintiff sought medical assistance. COUNT VII DEMURRER 22 In Count VII of his Second Amended Complaint, improperly VI, Plaintiff purports to allege a cause of action for Breach of the Covenant, 23 Count VII is legally insufficient because Plaintiff fails to state for Breach of the Covenant of Quiet Enjoyment. At all times, Plaintiff remaiJ unit, thus he has failed to establish that his actual possession was impaired. PUNITIVE DAMAGES .GENERAL DEMURRER 24 In Counts I through VII of his First and Second Amended Con seeks punitive damages. 25 The claims for punitive damages in Counts I through VII are le that the facts so alleged do not establish that the conduct of the Defendants wa wanton, willful, oppressive, or exhibited a reckless indifference to the rights o: WHEREFORE, the Defendants, the Housing Authority of the County of Cum' Christopher Gulotta, Sue A. Wolf, Catherine Mowery, and Yvonne Heckler, n that the Court dismiss the Amended Complaints with prejudice. KRLSPGH:Wilkinson Amended PO. wpd Respectfully submitted, Allen C. Warshaw, Esquire KLETT ROONEY LIEBER & SC A Professional Corporation 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 (717) 231-7718 Counsel for Defendants ChristopM Sue A. Wolf, Catherine Mowery m Yvonne Heckler dentified as Count ~f Quiet Enjoyment. a cause of action ted in the housing plaints, Plaintiff ;ally insufficient in malicious, others. ,erland, spectfully request HORLING ',r Gullotta, td istopher c Houston Housing Authority of the Count 114 North Hanover Street Suite 104 Carlisle, PA 17013-2245 Counsel for the Housing Author County of Cumberland of Cumberland y of the KRLSPGH:Wilkinson Amended PO.wpd 6 LARRY W. WILKINSON, Plaintiff V THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, : Defendants · IN THE COURT OF COMM£ CUMBERLAND COUNTY, : · NO. 02-3841 CIVIL TERM ; ; ~CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objec of a Demurrer to Plaintiff's First and Second Amended Complaints was served by first class mail, postage prepaid, this 8th day of April, 2003, addressed as fol John J. Baranski, Jr., Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 C~ouSton, Esquire Attorney for Defendant Housing At Of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ~N PLEAS OF ENNSYLVANIA fions in the Nature ~pon the following DWS: tthority PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sulmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please I i~t the within matter for the next ~t Court. CAPTION OF CASE (entire caption must be stated in b,] ] ) LARRY W. WILKINSON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULOTTA; SUE A WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, (plaintiff) (Defemdmnt) No. 02-3841 Civil 19 State matter to be arc3ued (i.e., plaintiff's motion for new trim], defendant's d~mlrrer to cc~p]mint, etc.): Preliminary Objections in the nature of a Demurrer to Plaintiff's First and Second Amended Complaints 2. Identify counsel who w~]] argue case: (a) for pi mintiff: Address: John J. Baranski, Jr., Esquire 17 East Market Street York, PA 17401 (b) for defendant: ~ress: Jill M. Lashay, Esquire Christopher C. Houston, Esquire 240 North Third St., Ste 600 114 N. Hanover Street Harrisburg, PA 17101-1503 Carlisle, PA 17013 3. I w~l] notify m]l parties in writingwithin t~odays that this case bas been li~ted for~t. 4. ~t Court Date: 4/23/03 May 21, 2003 Attorney for Defendant Housing Authority Christooher C. Houston. Esauire LARRY W, WILKINSON, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, DEFENDANTS · 02-3841 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE BAYLEY, J. AND HESS, J. AND NOW, this ORDER OF COURT ~L"'~ day of August, 2003, the demurrers of ali defendants to the amended complaint of plaintiff, ARE GRANTED. Plaintiff's amended complaint, IS DISMISSED. _(./~n J. Baranski, Jr., Esquire For Plaintiff v~hristopher Houston, Esquire For The Housing Authority · ,/~llen C. Warshaw, Esquire Edgar B. §a~'l~y, J. - I~ For Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler FiLED-OFRCE 03 ~UG-6 Pi~ PENNSYLVANIA LARRY W. WILKINSON, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER,, DEFENDANTS : 02-3841 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT,~; TO PLAINTIFF'S AMENDED COMPLAINT BEFORE BAYLEY, J. AND HESS, J. OPINION AND ORDER OF COURT Bayley, J., August 6, 2003:-- On March 17, 2003, plaintiff, Larry W. Wilkinson, filed an amended complaint against defendant, the Housing Authority of the County of Cumberland, and its employees, Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler, on causes of action for: I. Negligent infliction of emotional distress· II. Violation of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and HUD Regulation 24 CFR B, Ch 1, § 100.204. III. Violation of the Americans with Disabilities Act and HUD Regulation 28 CFR Part 35. IV. Violation of Fair Housing Amendment Act of 1988, 42 U.S.C. §§ 3600-3620 et seq. 02-3841 CIVIL TERM V. Violation of Pennsylvania Human Relations Act. VI. Intentional infliction of emotional distress. Defendants filed preliminary objections in the form of a demurrer to all counts in the amended complaint. The objections were briefed and argued on May 21, 2003. A demurrer is to be sustained only where the complaint is insufficient to establish the pleader's right to relief. Allegheny County v. Commonwealth, 507 Pa. 360 (1985). A demurrer admits as true all well-pleaded, material, relevant facts and every inference fairly deducible from those facts. Id. Plaintiff avers the following in his amended complaint. On May 1, 1998, plaintiff leased from defendant, the Housing Authority of the County of Cumberland, Apartment 107 in Two West Penn Apartments in Carlisle. Two West Penn Apartments is a federally subsidized facility for elderly or disabled people. Plaintiff is permanently disabled by Bi-Polar I Disorder. As a result of this mental disability he is susceptible to mundane changes in his environment and he lacks the ability to cope normally with stressors. He has occupied Apartment 107, a ground floor unit, on successive one year leases since May 1, 1998. Apartment 107 is a mobility-impaired unit designed for individuals in wheelchairs. When plaintiff executed his lease, the tenant handbook and house rules of Two West Penn Apartments, which were incorporated into the lease, provided: UNIT TRANSFERS/SPECIALLY EQUIPPED UNITS: Due to operational concerns, management is unable to grant tenants requests for transfer to another apartment or facility under its' [sic] operation. -2- 02-3841 CIVIL TERM However, if the tenant is able to qualify for and obtain a physician's verification of handicap or disability requiring the design features of a unit specially equipped to enhance mobility he/she may transfer to such a unit when on (sic) becomes available (See Manager for appropriate request form). If a tenant is verified as such and would like to transfer to a specially designed unit, the tenant should notify management in wdtin~ that he/she would like to be placed on the waiting list for this u~t. in keeping with Fair Housing Law and HUD regulations, current tenants requesting a specially equipped unit who possess the appropriate verification, will be given first opportunity at these units ahead of eligible non-resident applicants. If a family or 'individual without need for a specially equipped unit accepts and moves into one of these units, then they are doing so only on a temporary basis. If no one in the family is eligible for the unit and an eligible tenant or applicant applies for residency, then the existing eligible tenant (or family) will be required to transfer to a conventional (non-equipped) unit as soon as one becomes available, with at least 30 days advance written notice from the manager. The tenant shall be responsible for the moving procedure and any moving costs, if any. The landlord shall be responsible for any electric or telephone utility hook-up fees (except for cable TV) incurred due to the transfer. (Emphasis added.) At the time of the rental, defendant Mowery implied that plaintiff would not be subject to the transfer provision in the tenant handbook, stating "Don't worry about it." In May, 2000, the Housing Authority, through defendant Mowery, told plaintiff that it had received a request from a mobility-impaired disabled person to occupy a specially equipped unit, and because plaintiff was not mobility impaired, he would be required to transfer to another unit. Plaintiff used an in-house grievance procedure to request reconsideration. Through that procedure he met with defendant Heckler, but his request for reconsideration was denied. On May 26, 2000, plaintiff received a notice signed by defendant Wolfe that he would have to transfer from Apartment 107 to a unit -3- 02-3841 CIVIL TERM on the second floor. On June 2, 2000, plaintiff received another written notice signed by defendant Heckler that he must move. The notice stated that any further review of the decision could be made to the Department of Housing of Urban Development (HUD). On June 15, 2000, plaintiff received a notice signed by defendant Gullota that the Authotity's decision was final and he would be moved with the assistance of its maintenance staff. On July 14, 2000, through counsel, plaintiff requested an accommodation from the Housing Authority to remain in Apartment 107. On July 18, 2000, the Housing Authority denied plaintiff's request and demanded that he transfer not later than July 31, 2000, or it would evict him. On July 28, 2000, plaintiff filed complaints with HUD and the Pennsylvania Human Relations Commission alleging discrimination and a failure to make a reasonable accommodatior~ due to his disability. On August 1, 2000, the Housing Authority notified plaintiff that he had ten days to vacate the apartment for failure to transfer to another unit, and that he could appeal the decision to evict him by requesting a hearing with the Housing Authority. An informal hearing was conducted on August 22, 2000, but plaintiff did not receive relief. Following this heating plaintiff began to suffer severe emotional distress at the prospect of having to vacate his apartment, and, in an effort to alleviate the stress, he began self-medicating through increased alcohol use. The Pennsylvania Human Relations Commission scheduled a fact-finding conference on plaintiff's complaint for November 13, 2000. The conference was cancelled and instead a conciliation conference with HUD was scheduled and -4- 02-3841 CIVIL TERM conducted on November 14, 2000. No resolution was reached at the conciliation so the Pennsylvania Human Relations Commission rescheduled a fact-finding conference. On November 30, 2000, the Housing Authority issued a formal decision from the August 22, 2000, grievance hearing. It denied plaintiff relief, concluding that he had violated the provisions of the tenant handbook by not transferring from his apartment, and that "the proposed disposition is for the Authority to proceed with the eviction." On December 19, 2000, a fact-finding conference was conducted before the Pennsylvania Human Relations Commission. On February 14, 2001, the Commission issued a finding of no probable cause. Plaintiff was given an opportunity to rebut the Commission's findings and conclusions, which he did. On February 26, 2001, the Pennsylvania Human Relations Commission notified plaintiff that his rebuttal was referred to its administrative staff for review. On March 9, 2001, the Pennsylvania Human Relations Commission dismissed plaintiffs complaint. After this denial, plaintiff's condition worsened as he believed his eviction was imminent. On March 19, 200'1, he requested a formal hearing before the Pennsylvania Human Relations Commission to contest the dismissal of his complaint. On August 16, 2001', plaintiff received written notice that the Housing Authority was working with HUD "in an effort to allow [him] to reside in his unit." On March 15, 2002, plaintiff received notice from HUD that the Housing Authority had entered into a settlement which would allow him to remain in Apartment 107. The agreement, to which plaintiff was not a party, sets forth it did "not constitute an admission by the -5- 02-3841 CIVIL TERM [Housing Authority] of any violation of Section 504, ADA, or State and local fair housing laws," with which the Authority agreed to comply. The Housing Authority agreed that plaintiff could continue to reside in Apartment 107, and that it would: [r]evise the language in its transfer policy to insure that it complies with all applicable fair housing laws and does not have a disparate impact on protected classes, including persons with physical and/or mental disabilities. Between May, 2000 and March 15, 2002, the fear of eviction, loss of this subsidy, homelessness, relocation and not being able to finance the protection of his rights, among other fears, were a tremendous psychological burden on plaintiff. On more than on occasion he suffered suicidal thoughts. I. ALLEGED NEGLIGENT INFLICTION OF EMOTIONAL DISTRE$;:. Defendants maintain that plaintiff has not stated a valid cause of action for negligent infliction of emotibnal distress. In Armstrong v. Paoli Memorial Hospital, 633 A.2d 605 (Pa. Super. 1993), the Superior Court of Pennsylvania recognized the tort of negligent infliction of emotional distress in the following two instances: First, and most commonly, in cases in which there is liability to a bystander, Sinn v. Burd, [486 Pa. 146 (1979)], and its progeny. Second, Pennsylvania also recognizes recovery in situations in which there is a contractual or fiduciary duty. Crivellaro Iv. Pa. Power & Light Company, 341 Pa. Super 173 (1985)]; Hackett Iv. United Airlines, 364 Pa. Super 612 (1987)]. Plaintiff argues that the second situation is applicable to this case because the Housing Authority, due to the tenant-landlord relationship and his disability, owed him a fiduciary duty. However, he must do more than merely show that defendants owed him -6- 02-3841 CIVIL TERM such a duty. "In order to recover for negligent infliction of emotional distress a plaintiff must establish, as in any other negligence case, the defendant's breach of a duty and damages proximately caused thereby." Shumosky v. Lutheran Welfare Services, 784 A.2d 196 (Pa. Super 2001). In addition, a plaintiff must also aver physical injury of a serious, continuing nature which accompanies the emotional distress. Armstrong, supra. In Basile v. H & R Block, Inc., 777 A.2d 95 (Pa. Super. 2001), the Superior Court of Pennsylvania stated: The Supreme'Court has determined that a confidential relationship and the resulting fiduciary duty may attach "wherever one occupies toward another such a position of advisor or counselor as reasonably to inspire confidence that he will act in good faith for the other's interest." Although the language used to define such advisor/advisee relationships has varied over time and in response to the circumstances established by the record, the Pennsylvania Supreme Court has focused, consistently, on the disparity in position between the parties to determine whether their relationship is, in fact, confidential. See Weirby Gaper v. Ciao, 521 Pa. 491,556 A.2d 819, 825 (1989) (stating that a confidential relationship "is created between two persons when it is established that one occupies a superior position over the other; intellectually, physically, governmentally, or morally, with the opportunity to use the superiority to the other's disadvantage"). See also Frowen, 425 A.2d at 418 (Quoting Restatement of Trusts 2d, § 2(b)) ("[al confidential relation exists between two persons when one has gained the confidence of the other and purports to act or advise with the other's interest in mind"). We conclude that these cases, when considered together and in conjunction with prior authority, compel recognition of confidential relations between parties in a wide array of individual circumstances. The possibility of a confidential relationship cannot be excluded by a concrete -7- 02-3841 CIVIL TERM rule. So long as the requisite disparity is established between the parties' positions in the relationship, and the inferior party places primary trust in the other's counsel, a confidential relationship may be established. A cause of action for negligent infliction of emotional distress is tightly cimumscribed in Pennsylvania. There is no authority that a landlord-tenant relationship gives rise to a fiduciary duty and permits the tenant to recover for negligent infliction of emotional distress. The fact that plaintiff qualified for an apartment with the Housing Authority and defendants knew of this disability when they rented him the apartment did not, as a matter of law, create an advisor or counselor relationship sufficient to make the Housing Authority a fiduciary. In Crivellaro v. Pennsylvania Power & Light Co., 341 Pa. Super. 173 (1985), an employee sued her employer for negligent infliction of emotional distress for threatening to fire her unless she entered an intensive thirty-day drug and alcohol rehabilitation program. The trial court entered a demurrer, but the Superior Court of Pennsylvania reversed. The Superior Court did not state what duty was allegedly breached by the employer, and made no analysis of the claim other than to conclude that the harm suffered by the appellant was severe enough to sustain a cause of action for negligent infliction of emotional distress. Relying on Crivellaro, the Superior Court in Armstrong stated that the existence of a contractual or fiduciary duty can give rise to a claim for negligent infliction of emotional distress. In Hunger v. Grand Central Sanitation, 670 A.2d 173 (Pa. Super. 1996), the plaintiff sought to recover for negligent infliction of emotional distress for being fired by arguing that Crivellaro held that employers owe a fiduciary duty to their employees. The Superior -8- 02-3841 CIVIL TERM Court rejected that contention because the plaintiff did not suffer physical injury; however, in a concurring opinion Judge Beck made this analysis: In Armstrong v. Paoli Memorial Hospital, 430 Pa. Super. 36, 633 A.2d 605 (1993) allocaturdenied, 538 Pa. 663, 649 A.2d 666 (1994), however, this court clarified that although Cdvellaro recognized a cause of action for negligent infliction of emotional distress in cases other than those involving a plaintiff in the zone of danger or who witnesses injury to a close relative, it did not create an entirely new and independent cause of action. Rather, the Armstrong court held that Cdvellaro should be read to allow recovery only in a situation where a separate, preexisting duty was owed by defendant to plaintiff and breach of that duty was the cause of the emotional distress alleged. Armstrong, supra at 50-56, 633 A.2d at 612-15. Under this interpretation of Cdvellaro, the claim in that case was cognizable oniy because the actor, an agent of plaintiffs employer, breached a duty of care in the delivery of services to plaintiff. Appellant argues that the mere existence of an employer- employee relationship between himself and appellees is sufficient to bring his claim within the authority of Crivellaro. However, as Armstrong makes clear, the significant factor in makin(~ out a ca of action under Crivellaro is no* *~- .......... - use · - -,,,= -,=ru existence ol' a relation ' between plaintiff and defendant, but rather the exist ..s,..hip ence of a du~y flowing from that relationship. Only where such a duty exists, is breached, and causes severe emotional distress leading to bodily harm can a cause of action under Crivellaro successfully be asserted. Here, appellant has failed to allege facts showing that the at- will employment relationship between him and appellees imposed upon appellees any duty which was breached when they "expressed resentment and ill feelings directly and indirectly to [appellant]," Complaint, r harassed [him] concerning [his] actions with regard to his duties as safety director." In the absence of allegations establishing duty and breach, appellant's claim for negligent infliction of emotional distress cannot be permitted to proceed. (Emphasis added.) In the case sub judice, the landlord-tenant relationship does impose certain duties on defendants. See Mclntyre ex rel. Howard v. Philadelphia Housing Authority, 816 A.2d 1204 (Pa. Commw. 2003) (landlord must comply with statutory -9- 02-3841 CIVIL TERM duties and has an implied duty to maintain the premises in a habitable condition). However, it does not impose a fiduciary duty to protect plaintiff from the stress of a dispute over whether he lives in one apartment over another. Defendants did not have a contractual duty to allow plaintiff to remain in Apartment 107 because the tenant handbook, which was incorporated into the lease, expressly reserved the right to transfer a mobile tenant in a specially equipped unit to a non-equipped unit in order to accommodate a person with a physical handicap. The only contractual duty was to transfer plaintiff to another unit with thirty days written notice. Thus, plaintiffs averments that a contractual and fiduciary relationship existed and was breached is not supported by his pleadings. Plaintiff has two remaining arguments in support of his cause of action for negligent infliction of emotional distress. First, the Housing Authority had a duty to grant him an accommodation because of his mental disability. There is no authority to support this contention. Furthermore, he has been allowed to remain in his accessible apartment despite being mobile. Second, the Housing Authority owed him a duty to preserve and protect his quiet enjoyment of Apartment 107. A covenant of quiet enjoyment is breached "only when the tenant's actual possession is impaired." Rittenhouee v. Barclay White, Inc., 425 Pa. Super 501,625 A.2d 1208 (1993). Plaintiff has pled that he has continued to remain in Apartment 107 since his lease began on May 1, 1998. Thus, there has been no breach of the covenant of his quiet enjoyment. -10- 02-3841 CIVIL TERM For all of the above reasons plaintiff has not stated a valid cause of action for negligent infliction of emotional distress. Thus, we need not address whether he has sufficiently pleaded a physical injury of a serious, continuing nature accompanying his emotional distress to sustain a cause of action for intentional infliction of emotional distress. II. ~O_N 504 OF THE REHABILITATION ACT OF Section 504 of the Rehabilitation Act of 1973, at 29 U.S.C. 794, provides that: "No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." HUD Regulation 24 C.F.R. B, Ch. 1 § 100.204 provides that it is unlawful to refuse to make reasonable accommodations in rules, practices or services when such accommodations are necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common areas. Plaintiff alleges in his amended complaint that he was entitled to an accommodation to allow him to continue to live in Apartment 107 even though he is not mobility-impaired, that defendants failed to grant him the accommodation, and that the accommodation was reasonable. A cause of action under Section 504 of the Rehabilitation Act of 1973 requires that: (1) plaintiff is a handicapped individual within the definition of the Act; (2) plaintiff is otherwise qualified to participate in the activity or Program in question; (3) -11- 02-3841 CIVIL TERM plaintiff has been excluded from participation solely because of a handicap; and (4) that the activity or program in question received federal funds. Strathie v. Department of Transportation, 716 F.2d 227 (3rd Cir. 1983). In the case sub judice, plaintiff has acknowledged that he continues to lease Apartment 107 which he started living in on May 1, 1998. The Housing'Authority withdrew its efforts to have him move to an accessible unit. Therefore, he has not pled that he has been excluded from participation in any program solely because of his handicap. Accordingly, he has not stated a valid cause of action for a violation of Section 504 of the Rehabilitation Act of 1973 and HUD Regulation 24 C.F.R. B, Ch. 1 § 100.204. III. ALLEGED VIOLATION OF THE AMERICANS WITH DISABILITIES ACT AN£~ HUD REGULATION 28 C.F.R. PART 3,~. Plaintiff alleges in his amended complaint that defendants' interpretation and application of the transfer provision in the tenant handbook had a disparate impact on him by giving a physically handicapped individual preferential treatment. He alleges that the discriminatory conduct forced him to choose between moving or being evicted in order to allow an individual with a physical handicap to move into his apartment, which caused him physical, psychological, emotional and financial harm. To state a claim under Title II of the Americans with Disabilities Act, 42 U.S.C. 12132, plaintiff must establish that: (1) he is a qualified individual with a disability, (2) he was excluded from participating in or denied benefits of a public entity's services, activities or programs, or was otherwise discriminated against by the entity, and (3) such exclusion, -12- 02-3841 CIVIL TERM denial or discrimination was a result of his disability. Weinreich v. Los Angeles County Metropolitan Transportation Authority, 114 F.3d 976 (9th Cir. 1997). While the Housing Authority sought to have plaintiff, who was not mobility impaired, move from his mobility-impaired apartment to a non-mobility impaired apartment, it never commenced an eviction proceeding against him and it ultimately agreed to allow him to stay in Apartment 107. Plaintiff's cause of action under the Americans with Disabilities Act fails because, by his own pleadings, he was never excluded from Participating in or denied benefits or was otherwise discriminated against by the Authority. IV. ~R HOUSING AMENDMENT ACT OF 1988. 42 U.S.C. 3600-~. The Fair Housing Act, 42 U.S.C. §§ 3600-3620 et seq., provides in Section 3604(f)(3)(B) that it is unlawful for a person to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations are necessary to afford a handicap person equal opportunity to use and enjoy a dwelling unit, including public and common areas. To state a claim under the Act, plaintiff must show that defendants' actions had a discriminatory effect on him. Resident Advisory Board v. Rizzo, 564 F.2d 126 (3~d Cir. 1977). Plaintiff alleges in his amended complaint that defendants denied him a reasonable accommodation by giving another handicapped individual preferential treatment, and that conduct denied him an equal opportunity to use and enjoy his dwelling. That conclusion, however, is not supported by his pleadings in which he acknowledged that he was not excluded -13- 02-3841 CIVIL TERM from Apartment 107 and the Housing Authority ultimately accommodated his request to remain in that unit. Plaintiff's allegations fall short of establishing that the action of defendants had a discriminatory effect on him. Therefore, he has failed to state a valid cause of action for a violation of the Fair Housing Act of 1988. V. ALLEGED VIOLATION OF PENNSYLVANIA HUMAN RELATIONS ACT. The Pennsylvania Human Relation Act makes it unlawful to deny or withhold housing accommodations because of an individual's handicap. 43 P.S. § 955(h)(1). The Act makes it unlawful to refuse to make a reasonable accommodation in rules, polices, practices or services if accommodations are needed to afford individuals with equal opportunity to use and enjoy housing. 43 P.S. § 955(h)(3.2). Plaintiff alleges in his amended complaint that the transfer provisions relied on by defendant had a disparate impact on him by giving a physically handicapped individual preferential treatment, it forced him to choose between moving or being evicted so that a physically handicapped individual could move into his housing unit; and he was wrongfully denied his request for a reasonable accommodation in the form of an exemption from the transfer provisions. Those conclusions, however, are not supported by his pleadings in which he acknowledges that he was not excluded from Apartment 107 and the Housing Authority ultimately accommodated his request to remain in that unit. Therefore, he has failed to state a valid cause of action for a violation of the Pennsylvania Human Relations Act. -14- 02-3841 CIVIL TERM VI. A~LLEGED INTENTIONAL INFLICTION OF E,MOTIONAL DISTRESS. In Kazatsky v. King David Memorial Park, 515 Pa. 183 (1987), the Supreme Court of Pennsylvania stated the following with respect to a cause of action for intentional infliction of emotional distress: The cases thus far decided have found liability only where the defendant's conduct has been extreme and outrageous. It has not been enough that the defendant has acted with an intent which is tortuous or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by malice, or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to the average member of the community would arouse his resentment against the actor, and lead him to exclaim, Outrageousl Defendants note that HUD regulation 24 C.F.R. 8.27 provides: (a) Owners and managers of multi-family housing projects having accessible units shall adopt suitable means to assure that information regarding the availability of accessible units reaches eligible individuals with handicaps, and shall take reasonable non-discriminatory steps to maximize the utilization of such units by eligible individuals whose disability requires the accessibility features of the Particular unit. To this end, when an accessible unit becomes vacant, the owner or manager before offering such units to a non-handicapped applicant shall offer such unit: (1) First, to a current occupant of another unit of the same project, or comparable projects under common control, having handicaps requiring the accessibility features of the vacant unit and occupying a unit not having such features, or, if no such occupant exists, then (2) Se.cond, to an eligible qualified applicant on the waiting list having a handicap requiring the accessibility features of the vacant unit. (b) When offering an accessible unit to an applicant not having handicaps requiring the accessibility features of the unit, the -15- 02-3841 CIVIL TERM .owner or manager may require the applicant to agree (and may ~ncorporate this agreement in the lease) to move to a non-accessible unit when available. (Emphasis added.) Thus in May, 2000 the Housing Authority, through its employees as allowed by this specific HUD regulation and the terms of plaintiff's lease, sought to have plaintiff, a mobile tenant, move from an accessible apartment into a non-accessible apartment which was available in the same apartment complex. Plaintiff would not move, and he sought relief on many fronts including an accommodation under another HUD regulation, 24 C.F.R. B, Ch. 1 § 100.204. The Housing Authority ultimately agreed to allow plaintiff to remain in his accessible unit. Plaintiff has not pied a valid cause of action for intentional infliction of emotional distress because the conduct of the Housing Authority and its employees could not be found to be so outrageous in character, so extreme in degree, as to go beyond all bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this to the amended complaint of plaintiff, ARE GRANTED. Plaintiff's amended complaint, IS DISMISSED, day of August, 2003, the demurrers of all defendants -16- 02-3841 CIVIL TERM John J. Baranski, Jr., Esquire For Plaintiff Christopher Houston, Esquire For The Housing Authority Allen C. Warshaw, Esquire For Christopher Gullota, Sue A. Wolf, Catherine Mowery and Yvonne Heckler :sal -17- LARRY W. WILKINSON, Plaintiff THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND; CHRISTOPHER GULLOTA; SUE A. WOLF; CATHERINE MOWERY; AND YVONNE HECKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI ,VANIA NO. 02-3841 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Plaintiff above named hereby appeals to the Superior Court of th Pennsylvania from the Order entered in this matter on the 6 day of August 2003. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. BLAKEY, YOST, BUPP & RAUSCH, LLP Attorney for Plaintiff S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Dated: September 5, 2003 ~J3£b- - ~U~uDeriana County Prothonotary's Office Page 1 Civil Case Print 2002-03841 WILKINSON LARRY W (vs~ CUMBERLAND COUNTY HOUSING AUTH Reference No..: Filed ........ : 8/12/2002 Case TvDe ..... : WRIT OF S.0U~0ONS Time ......... : 1:53 Ju~gmeh% ..... ~ Execution Date 0/00/0000 Juage Assignea: BAYLEY EDGAR B Jury Trial Disposed Desc.: Disposed Date. 0/00/0000 ............ Case Comments ............. Higher Crt 1.: Higher Crt 2.: General Index Attorney Info WILKINSON LARRY W PLAINTIFF BARANSKI JOHN J JR NO ADDRESS HOUSING AUTHORITY OF DEFENDANT COUNTY OF CUMBERLAND 11~ NORTH HANOVER STREET SUITE 104 CARLISLE PA 17013 GULOTTA CHRISTOPHER DEFENDANT WARSHAW ALLEN C 44S C STREET CARLISLE PA MOWERY CATHERINE DEFENDANT WARSHAW ALLEN C 3721 SPRING ROAD CARLISLE PA * Date Entries , ............. FIRST ENTRY .............. 8/12/2002 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED 9/09/2002 SHERIFF'S FILE RETURNED FILED. Case TYDe: WRIT OF SUMMONS Ret TYDe, : Reqular ~%qiga5%.: HOUSING AUTHORITY OF COUNTY OF CUMBERLAND Aaares~..: 114 NORTH HANOVER STREET SUITE 104 Cty/St/Zp: CARLISLE. PA 17013 Hn~ To: QAROLYN BAIR, MANAGER Shf/Dp~y.: JASON VIORAL Date/T~me: 09/06/2002 1525:00 , . Costs .... : $31.45 Pd By: BLAKEY YOST BUPP RAUSCH 09/09/2002 9/09/2002 SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SUMMONS Ret Type.: Regular Litigah%.: GULOTTA CHRISTOPHER Address..: 114 N HANOVER STREET Cty/St/Zp: CARLISLE, PA 17013 Hnd To: CHRISTOPHER GULOTTA Shf/Qpty.: JASON .VIORAL Date/Time: 09/06/2002 1525:00 Costs .... : $16.00 Pd By: BLAKEY YOST BUPP RAUSCH 09/09/2002 9/09/2002 SHERIFF'S FILE RETURNED FILED. Case Type WRIT OF SUMMONS Ret Type..: Regular Litigah%. WOLF SUE A Address..: 1 W PENN STREET Ct /St/Z : CARLISLE PA 17013 Hn~ To: ~UDITH BRl%N~NER, SUPPORTIVE SERVICE COORDINATOR Shf/DDty.: JASON VIORAL Date/Time: 09/06/2002 1535:00 . . 9/09/2002 SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SLTMMONS Ret Type.: Not Found Litigant.: HECKLER Y¥ONNE ~ Address..: 114 NORTH HA/~OVER STREET ,~UITE 104 Cty/St/Zp: CARLISLE. PA 17013 Costs .... : $21.00 Pd By: BLAKEY YOST BUPP RAUSCH 09/09/2002 Addl Comments.: HECKLER IS RETIRED A/qD IS NOW LIVING IN FLORIDA. 9/09/2002 SHERIFF'S FILE RETURNED FILED. 2002-03841 WILKINSON LARRY W (rs! Reference No..: Case Tlroe ..... : WRIT OF SUMMONS Ju~gme5% ...... .00 Juage Assigned: BAYLEY EDGAR B Disposed Desc.: =umDer~ana County Prothonotary,s Office Civil Case Print CUMBERLAND COI~TY HOUSING AUTH Filed ........ Time ......... : Disoosed Date. - Case Comments ............. ~iqher Crt 1.: 1/09/2003 1/09/2003 1/10/2003 1/15/2003 2/04/2003 2/06/2003 2/06/2003 2/12/2003 2/25/2003 3/04/2003 3/04/2003 3/17/2003 3/18/2003 4/08/2003 4/23/2003 8/06~2003 Page 8/12/2002 1:53 0/00/0000 o/oo/oooo Hi~her Crt 2.: ~g¢ Type: WRIT OF SUMMONS Ret Type : Regular ~luzgant.I MOWERY CATHERINE ' Address... 2 W PENN STREET C[¥/St/ZP: CARLISLE. PA 17013 Hn~ To: CATHERINE MOWERY Shf/~ty.: JASON VIORAL Date/Time: 09/06/2002 1530:00 Costs .... : $19.45 Pd By: BLAKEY YOST BUPP RAUSCH 09/09/2002 PRAECIPE TO ENTER APPEARANCE FOR DEFT BY CHRISOPHER C HOUSTON ESQ PP. AECIPE FOR RULE TO FILE COMPLAINT - BY JILL M LASHAY ESQ ........... COMPLAINT - B~ ~ONN J BA~,"~SXI JR ~ .............................. CERTIFICATE OF SERVICE FOR COMPLAINT .- BY JOH~ J B~S~ FOR PLFF P~-AECIPE FOR APPEAR.DR~CE FOR DEFTS CHRISTOPH~ C~THERINE MOWER~ ~m ~VO~E HECKLER - BY ALmEN C WARSAW ESO POR DEFTS CHRISTOPHER C HOUSTON PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFTS PRELIMINARY OBJECTIONS - BY CHRISTOPHER C HOUSTON ESQ OBJECTIONS - BY ALLAN C WARSHAW ESQ SECOND AMENDED COMPLAINT - BY JOHN J BARANSKI JR ESQ FOR PLFF PRELIMINARY OBJECTIONS IN THE NATUR OF A DEMURRER TO PLFF'S FIRST AND SECOND AMENDED COMPLAINTS - BY CH~iISTOPHER C HOUSTON ESQ THE NATURE OP A DEMURRER TO PLPF'S FIRST AND SECOND AMENDED COMPLAINTS - BY JILL M LASHAY ESQ OPINION AND ORDER OF COURT - DATED 8/6/03 - IN RE PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S AMENDED COMPLAINT ~ THE DEMURRERS OF ALL DEFENDANTS TO THE AMENDED COMPLAINT OF PLAINTIFF ~LRE GRA/~TED - PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED - BY EDGAR B BAYLEY J - COPIES MAILED 8/6/03 .............. LAST ENTRY .............. * Escrow Information ~ * Fees & Debits Beg Bal Pymts/Adj End Bal * WRIT OF SUMMONS TAX ON WRIT SETTLEMENT AUTOMATION FEE JCP FEE 35.00 35.00 .00 .50 .5O ,00 5.00 5.00 .00 5.00 5.00 .00 5.00 5.O0 .00 ...... ~T~ ..... ~o.5o .oo PYSS10 Cumberland County Prothonotary's Office Page 3 Civil ~ase Print 200]-03~41 WILKINSON LARRY W (rs). CUMBERLAND COUNTY HOUSING AUTH Reference No..: Filed ........ : 8/12/2002 Case T~De ..... : WRIT OF SUMMONS Time ......... : 1:53 qu~gme~% ....... 00 Execution Date 0/00/0000 ou~ge Assigned: BAYLEY EDGAR B Jury Trial .... Disposed Desc.: Disposed Date 0/00/0000 ............ Case Comments ............. ~ig~er Crt 1.: ~igner Crt 2.: ******************************************************************************** End of Case Information . ******************************************************************************** PYS500 Cumberland County ?rothonotary's Office Page 1 Case Inquiry Dy Litigant Case No. Litigant Case Action Party TyDe 2002-03841 WILKINSON LARRY W WRIT OF SUMMONS PLAINTIFF PROOF OF SERVICE I hereby certify that I am this day causing a copy of the Notice of Appeal to be served on the following persons in the manner indicated: By First Class United States Mail on: Allen C. Warshaw, Esquire Klett Rooney Lieber and Schorling 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 (717) 237-5508 Christopher Houston, Esquire Housing Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 (717) 249-1315 The Honorable Edgar B. Bailey Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6294 Pamela Sheaffer Court Reporter 1 Courthouse Square Carlisle, PA 17013 (717) 240-6294 Taryn Dixon Court Administrator Cumberland County Court 1 Courthouse Square Carlisle, PA 17013 (717) 240-6:200 BLAKEY, YOST, BUPP JotL, fgT'Baranski, Jr. Attorney for Plaintiff S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 · ]. A15038/04 LARRY W. WILKINSON, Appellant : 2004 PA Super 252 IN T~IE SUPERIOR COURT OF PENNSYLVANIA THE HOUSING AUTHORITY OF THE COUNTY Of CUMBERLAND, CHRISTOPHER GULLOTA, SUE A. WOLF, CATHERINE MOWERY, AND YVONNE HECKLER, ; : Appellees : No. 1431 MDA 2003 Appeal from the Order entered in the Court of Common Pleas of Cumberland County, Civil Division, No. 02-384~: BEFORE: BENDER, McCAFFERY and TAMILIA, OPINION BY TAMILIA, 3.: FILED: .luly 1, ;!004 ¶ i Larry W. Wilkinson appeals from the August 6, 2003 Order granting the defendants' preliminary objections in the nature of a demurrer and~ dismissing his amended complaint wherein he alleged negligent infliction of emotional distress caused by housing discrimination on the part of appellees. Appellant also avers appellees' conduct resulted in: (1) breach of covenant of quiet enjoyment; (2) breach of warranty of habitability; and (3) violation of the Americans with Disabilities Act, Fair Housing Amendment Act, PA Human Relations Act, and various HUID Regulations,z The facts underlying appellant's complaint follow. ~ While jurisdiction arguably lies in Commonwealth Court, no party has objected, and this Court has exercised its discretion and assumed jurisdiction and resolved the matter on the merits. See Pa.R.A.P. 741, ]. A15038/04 '11 2 Appellant, who is permanently disabled by Bi-Polar ! Disorder2, leased from appellee Housing Authority of the County of Cumberland (Housing Authority), a federally subsidized apartment at a facility for elderly and disabled people. The apartment in question was a specially equipped unit designed for individuals in wheel chairs, and appellant's lease incorporated a specific provision, set forth in the tenant handbook:, that stated persons who are not mobility-impaired may be required to transfer to another unit if an eligible person applies for such a unit. Tn May 2000, appellee Catherine Mowery, manager of appellant's apartment complex, informed him that she had received a request from a mobility-impaired tenant for appellant's ground floor unit and he would be required to transfer to another apartment. Appellant complained to appellee Christopher Gullota, Executive Director of Cumberland County Housing Authority, that the move would be too stressful, but no relief was offered. After appellant's request that he not be held to the transfer provision of tenant handbook wa..; denied, appellant filed complaints with HUD and the PA Human Relations Commission, alleging that Waiver of Objections to 3urisdiction; see also Lara, ~nc. v. Dorney Park Coaster, -~nc., 534 A.2d 1062 (Pa. Super. 1987). 2 According to the Diaqnostic and Statistical Manual of Mental Disorders, the essential feature of Bipolar ! Disorder is a clinical course that is characterized by the occurrence of one or more manic episodes (a distinct period during which there is an abnormally and persistently elevated, expansive, or irritable mood), or mixed episodes (a period of time lasting at least one week, in which criteria are met both for manic episodes and for major depressive episodes nearly every day). _Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition at 350, 328, 333 (American Psychiatric Association, 1994). ]. A15038/04 the Housing Authority had unlawfully failed to make reasonable accommodations for his mental health disability (bi-polar), and therefore had discriminated against him. Those complaints were denied as unfounded, but nevertheless HUD ultimately entered into a settlement agreement with the Housing Authority whereby appellant was permitted to remain in his housing unit despite the fact he was not mobility-impaired. The agreement, however, was not to be construed as an admission that the Housing Authority had violated any federal housing regulations. ¶ 3 In February 2003, appellant filed his initial complaint alleging discrimination on the part of appellees and seeking damages. Appellees filed preliminary objections, and appellant was granted leave to file two amended complaints. Appellees again filed preliminary objections in the nature of a demurrer, and by Order dated August 6, 2003, the complaint was dismissed, the court finding appellant had failed to state a valiid cause of action.3 ¶4 Appellant argues the trial court erred by granting appellees' preliminary objections in the nature of a demurrer, as he pled sufficient facts constituting wrongful acts and breaches of duty by the appellees. Appellant's brief at 49-50. Appellant contends he suffered compensable emotional distress as a result of the underlying legal proceedings which caused him to suffer, "hopelessness, despair, weight changes, anti-social 3 Defendant Sue A. Wolfe is identified in appellant"s complaint as the Senior Housing Property Manager of the Housing Authority, and defendant Yvonne Heckler is identified as the Director of Operations of the Housing Authority at the time in question. .1. A15038/04 behavior, suicidal depression, physiological thoughts, increased alcohol use, sleep disturbance, mania, aggressive behavior, reclusiveness and other problems[.]" Xd. The gist of appellant's argument is that appellees' failure to immediately concede to appellant's request that he be allowed to remain in his apartment constituted a "failure to accommodate" entitling him to compensation for emotional upset allegedly endured as a consequence. ¶ 5 Tn its thorough Opinion penned in support of its decision to grant appellees' preliminary objections, the trial court addressed each legal claim asserted and concluded, inter alia, that appellant had failed to establish appellees' actions were contrary to any common law or federal or state statute. We agree. ¶ 6 In reviewing whether a trial court properly granted a party's preliminary objections in the nature of a demurrer, all material facts pleaded in the complaint, as well as all inferences reasonably deducible from those facts, are deemed admitted. The demurrer may be granted only where, upon application of this standard, it is apparent that the plaintiff is not entitled to relief as a matter of law. Any doubt as to whether demurrer is appropriate should be resolved in favor of overruling the demurrer. Theodore v. Delaware Valley School Districl?, 575 Pa. 321, , 836 A.2d 76, 83 (2003). ¶ 7 We agree appellant is not entitled to relief as a matter of law. The record supports the conclusion that at all times appellees acted lawfully and -4- 3. A15038/04 in compliance with state and federal regulations, following the regulations included in the tenant's handbook and seeking to accommodate and resolve the competing interests of all tenants at the facility. '11 8 Order affirmed. -5-