Hoarding Research Paper
I. When does hoarding/cluttering constitute a disability for purposes of the FHAA/FEHA?
Hoarding is defined as:
1. the acquisition of, and failure to discard, a large number of possessions that appear to be useless or of limited value;
2. living spaces that are sufficiently cluttered so as to preclude activities for which those spaces were designed;
3. the presence of significant distress (to any concerned party) or impairment in functioning. According to an FAQ sheet published by the Metropolitan Boston Housing Department published in 2009, addressing Federal Fair Housing laws:
“[d]ocumentation is not necessary if a person’s disability is known or apparent. If the housing provider is aware that the person meets the definition of hoarding as stated [above,] then the disability is apparent. If the disability is not apparent or unknown to the housing provider, documentation can be requested from a health care provider. The health care provider can be a primary physician, nurse, nurse practitioner, licensed social worker, counselor, psychologist, etc. The documentation does not need to disclose the nature or severity of the disability. …show more content…
In 2013, the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) was re-written to classify hoarding as a mental disorder in its own right. While Hoarding is an “apparent” disability, a landlord may still requests a letter from a doctor- although courts have accepted a letter from a tenant’s attorney as sufficient to request an RA (Douglas v. Kriegsfeld Corp, 884 A.2d 1109 (D.C. App. 2005). (Douglas, an important case for recognizing the rights afforded to the disabled as extending to hoarders, is the most relevant case I could find of Hoarding being afforded legal protections, and is cited in a 2011 Rutgers Law Review article discussing the legal framework for RA’s for
Hoarding is defined as:
1. the acquisition of, and failure to discard, a large number of possessions that appear to be useless or of limited value;
2. living spaces that are sufficiently cluttered so as to preclude activities for which those spaces were designed;
3. the presence of significant distress (to any concerned party) or impairment in functioning. According to an FAQ sheet published by the Metropolitan Boston Housing Department published in 2009, addressing Federal Fair Housing laws:
“[d]ocumentation is not necessary if a person’s disability is known or apparent. If the housing provider is aware that the person meets the definition of hoarding as stated [above,] then the disability is apparent. If the disability is not apparent or unknown to the housing provider, documentation can be requested from a health care provider. The health care provider can be a primary physician, nurse, nurse practitioner, licensed social worker, counselor, psychologist, etc. The documentation does not need to disclose the nature or severity of the disability. …show more content…
In 2013, the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) was re-written to classify hoarding as a mental disorder in its own right. While Hoarding is an “apparent” disability, a landlord may still requests a letter from a doctor- although courts have accepted a letter from a tenant’s attorney as sufficient to request an RA (Douglas v. Kriegsfeld Corp, 884 A.2d 1109 (D.C. App. 2005). (Douglas, an important case for recognizing the rights afforded to the disabled as extending to hoarders, is the most relevant case I could find of Hoarding being afforded legal protections, and is cited in a 2011 Rutgers Law Review article discussing the legal framework for RA’s for