Fair Housing and Compulsive Hoarding

What is Compulsive Hoarding?

Compulsive hoarding is defined as the acquisition of, and failure to discard, a large number of possessions that appear to be useless or of limited value. Features of compulsive hoarding include living spaces that are sufficiently cluttered so as to preclude activities for which those spaces were designed and the presence of significant distress (to any concerned party) or impairment in functioning caused by the hoarding (Frost & Hartl, 1996). Compulsive hoarding is not the same as collecting. Collecting generally involves the accumulation of objects that are generally considered interesting and valuable (Steketee & Frost, 2007).

How does compulsive hoarding relate to fair housing?

Persons who meet any of the following definitions are protected against illegal discrimination under fair housing as a person with a disability:

a physical or mental impairment which substantially limits one or more of such person’s major life activities (seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, or working),
a record of having such an impairment, or
being regarded as having such an impairment

Hoarders, as persons with disabilities, are protected against illegal discrimination in almost every type of housing transaction, from advertising, screening, terms & conditions, amenities as well as reasonable accommodation. Please see the “Fact Sheet: Fair Housing for Persons with Disabilities” for more general information on disability and fair housing.

How can a person who is hoarding prove that they have a disability?

Proof of disability can only be requested if the disability is not apparent or is unknown. For example, someone who uses a wheelchair would not need to prove they have a disability. However, an individual with a psychiatric disability may need to submit healthcare provider documentation if their disability is unknown to the housing provider. Once the disability becomes known through the provision of healthcare provider documentation, then further proof of disability should not be requested.

A healthcare provider may submit a letter stating their patient is a person with a disability and due to the disability, a reasonable accommodation/reasonable modification is needed. Only the information that is absolutely necessary should be provided to connect the disability to the request. The nature and severity of the disability should not be disclosed. The health care provider can be a primary physician, nurse, nurse practitioner, licensed social worker, counselor, psychologist, physical therapist, occupational therapist, service provider, rehab counselor etc.

What is a reasonable accommodation?

A reasonable accommodation is a change or waiver to a policy, practice, procedure or service to allow equal opportunity in housing for persons with disabilities. Please see the MBHP “Fact Sheet: Reasonable Accommodation & Reasonable Modification” for more detailed information. A reasonable accommodation that is made verbally is sufficient. While a housing provider may offer their own reasonable accommodation request forms, they cannot assist that the person with the disability use them. A letter from the person with disability is also sufficient.

What is an example of a reasonable accommodation that could assist a person whose housing is at risk due to compulsive hoarding?

If the housing provider is considering eviction of a person with a disability due to compulsive hoarding, a remedy plan can be offered as a reasonable accommodation to prevent eviction. The plan could include support services plus an individualized schedule for cleanup and inspections.

Must the housing provider approve a reasonable accommodation request?

The request must be approved as long as it does not cause an undue administrative and financial burden or change the basic nature of the housing program.

Can a reasonable accommodation in a hoarding situation be beneficial to the housing provider?

A reasonable accommodation could remedy the hoarding situation as well as avoid the costs of the eviction process and screening applicants for that unit. If one of the support services secured for the individual is the actual cleanup, then the housing provider could be spared that expense.

What types of protections does a person with a disability have under fair housing laws?

Hoarders, as persons with disabilities, are protected in almost every type of housing transaction, from advertising, screening, terms & conditions, amenities, reasonable modification but most importantly the right to request reasonable accommodation. A reasonable accommodation is a request for a waiver or change in policies, practices, procedures and services to provide equal access and opportunity in housing for persons with disabilities or for those associated with persons with disabilities. There must be a direct connection between the person’s disability and the reasonable accommodation request.

What is an example of a reasonable accommodation that could assist a person whose housing is at risk due to hoarding?

If the housing provider is considering eviction of a person with a disability due to the hoarding, a remedy plan can be offered as a reasonable accommodation to preserve the tenancy. This remedy plan could include support services plus an individualized schedule for cleanup and inspections.

Must the housing provider approve a reasonable accommodation request?

The request must be approved as long as it does not cause an undue administrative and financial burden or change the basic nature of the housing program.

Can a reasonable accommodation in a hoarding situation be beneficial to the housing provider as well?

Depending on the actual request, a reasonable accommodation could remedy the hoarding situation as well as avoid the costs of the eviction process and finding a new tenant for that unit. If one of the support services secured for the individual is the actual cleanup, then the housing provider could be spared that expense.

If there was a reasonable accommodation in place that initially remedies the situation but the hoarding reoccurs, is there any recourse?

All reasonable accommodation requests must be carefully evaluated. Due to the nature of hoarding, it would be practical to make it flexible enough to accommodate any future set-backs. While fair housing laws do not limit the number of times a reasonable accommodation can be requested, if it causes an undue administrative and financial burden to the housing provider or results in a fundamental change to the basic nature of the program, then it can be denied. Failure to meet the sanitation and/or building codes could be interpreted as an undue financial and administrative burden for the housing provider as well as a fundamental change to the basic nature of the program.

For help with fair housing matter please contact the Fair Housing Project by email at fairhousing@metrohousingboston.org or call (617) 425-6681.