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Exterminating Pests When Resident Denies Access to Unit

March 26, 2009

Q A unit at the site I manage has roaches, but the resident will not allow the exterminator to come into the unit. The resident says that she has respiratory problems; she claims that it would be too much of a hardship for her to leave for any length of time, and she does not want anyone in her unit when she is not there. She also doesn't want to breathe the chemicals the exterminator would use. What should I do?

A Bramlet advises checking with fair housing experts in your area if the resident claims a disability. While the low-income tax credit (LIHTC) program doesn't provide guidance on this type of issue, the Section 8 model lease says that a resident must give the owner access to the apartment. However, as manager, you have legal issues and health issues to deal with. The resident must work with management in some way to allow the owner to treat the unit. For example, a representative of the family could remain in the unit while the treatment occurs. Because there is not a simple answer, Bramlet suggests checking with your attorney on the best way to handle this situation.

 

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Liz Bramlet: Affordable Housing Consultant; (800) 784-1009; liz@lizbramletconsulting.com.

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