Discovered tenant we inherited in the purchase of a 32 unit apartment building - tenant for 25 years - is a hoarder. We filed for an eviction in September 2018. Tenant lawyered up using Judicare. Tenant was diagnosed, after being served with eviction, with hoarding disorder with his a recognized disability. The basis for our eviction is health and safety of tenants in the other 31 residential units and 6 commercial spaces. He is 3rd floor center of the building. After mediation and several reschedulings, we were in front of the judge last week. Judge deferred ruling. Wanted 10 days to research and would rule. Today we received a letter from the judge requesting 3 things and giving us 15 days to respond. I can handle 2 of the 3 requests. Here is the 1 I am stuck on and would appreciate feedback, guidance, direction, anything to help me navigate this item:

Any legal authority that goes to the question of whether alleged discrimination under the Federal Fair Housing Act, the Wisconsin Fair Housing Act of the Americans with Disabilities Act is actually an affirmative defense to eviction or whether it merely creates an independent cause of action in the form of a lawsuit by a victim of discrimination under one of the previously mentioned pieces of legislation.

Under ADA, you are merely required to offer a "reasonable accommodation" to his disability.

What if you allow him to stay provided that his tenancy meets certain criteria? Regular inspections, frequent satisfactory cleanups, health dept inspection, ...?

You can probably set things up so that if he fails to meet the agreed upon criteria, then he confesses judgement to eviction.

I and other landlords had hoarder's as tenants. So I had to "play the game".

First I did a scheduled inspection. To test the smoke alarms, etc. I told the tenant that something needed to be done because there was stuff piled to the ceiling and the walkways or paths were only 9 inches wide. We had to walk sideways. So after the conversation I sent the tenant a letter asking for their help and please clean up. I told the tenant that I would be coming back in 30 days.

A month later the tenant did zero work. I then told the tenant that I was willing to help. Provide trash bins, trash bags, gloves, trash bags, vacuum, cleaner, towels, etc. I'll even get helpers to assist.

I rented a 3 yard dumpster and gave the tenant supplies. Again a month later nothing was done.

I then gave the tenant a 30 day notice. To either make the unit safe and habitable or move!

I then had a fire inspector review the unit and issue an official notice to the tenant.

I then issued the tenant a 5 day notice to perform or quit.

I then had the tenant meet with my attorney to try to work things out. We offered official help. We then took the case to an eviction court.

We won.Why? Because this tenant put other tenants in the apartment complex in danger. It was a fire trap, unsafe, etc.

The judge did not give me possession, but issue the unit not habitable and the tenant could not sleep there. The tenant was limited to work in the unit from 8 AM to 7 PM. After that he could be arrested.

I don't understand how a judge can allow a person to stay living in those conditions. Someone who is willing to compromise their own health and safety should be in a hospital or treatment center where they can get counseling for this type of thing. Having a cluttered house is one thing, but to the point of unsafe/unhygienic conditions is a different thing.

The guy had a live-in live-out girlfriend that also used this apartment for storage. Between the two of them and their cat that used the entire apartment as it's litter box -- the comedy unfolded like this.

I rented a storage place a few blocks away. I piled the stuff to the ceiling of the storage place. Around half of the stuff inside the apartment was junk. Other peoples trash. So long as I took a pictures before throwing half of the stuff out, I was okay. Like a typewriter that had six broken keys and no paper roller -- trash.

The tenant had a month to move his stuff out. Since he hadn't left the Judge, fire inspector and Housing issued a RED Tag, not to be lived in. He kept on sleeping there at night so I just allowed the Sheriff to do a lock out a month later. I then moved all of the stuff (half of the stuff) into a local storage rental -- getting the first month free and paying for the next two months in advance.

I have no authority to cite, but it has been my understanding that if a T claims a mental disability as an affirmative defense against eviction, the Court may require the LL to allow a reasonable accommodation on a trial basis (test basis), and continue the hearing for 30 days or so to see if the accommodation has resolved the problem.

In one hoarder case, the judge continued the hearing for 30 days, and the T agreed to get a storage unit and moved much of his stuff out of the apartment. The problem: The hoarder then re-stocked his apartment with even more new stuff and the place was just as filthy, unhealthy and dangerously over-packed 30 days later.

I think I would ask a insurance adjuster to quote the increase of this unit is to be used as a hazardous storage and raise the rent to allow hazardous habitibility for this tenant, what has a fire department inspector said about this, that is what is happening in the suburbs around me, city rules unit is unsafe, 45-90 days then the city comes and cleans out so the stretcher can get thru. Lots of seniors on the news holding aluminum pie plates from kids birthday parties 30 years ago.

Thanks for the follow-up Robert J. Interesting to read that you were able to throw out stuff the was literally trash.

Hoarding is an emotional thing - hoarders attach great importance to what most of us would view as "junk". It's troublesome to me that a landlord would have such a hard time getting someone out who has created a fire hazard.