Law-Forums.org

[spengler]

The case is in Florida. The management of the HUD building where my aunt lives has requested to raise the rent by 3.2% or $16. They raise the rent every year. The bulk of the raise would go toward increasing the pay and benefits of the staff - the same as last year.

No one has challenged them because the seniors – among them many elderly – are not educated enough and are generally too occupied with their health to be able to challenge the management. The management knows this and is taking advantage of the situation. I classify it as financial abuse of the elderly. The percentage of spendable income of the residents is decreasing every year whereas the pay and benefits for the staff increases.

The legal notice that the management posted informs the residents that they may retain a lawyer and they may submit comments. In order to submit informed comments, one would have to be knowledgeable of the facts. Last year, I submitted 20 questions inquiring about the facts: the management and HUD took seven days to reply, as which time they informed me, in writing, that they do not answer questions. They informed me that I could submit comments, but they would not answer questions.

Based on the information that I had, I presented an argument in opposition, but to no avail. HUD evidently rubber stamps the wishes of the management. This year, I wrote a letter to the management asking them if their policy of not responding to questions pertaining to the rent-increase proposal was the same as last year. They would not even respond to this question. The on-site manager simply sent me another copy of the notice that they posted with the passages pertaining to submitting “comments” highlighted in yellow.

On page two of the HUD brochure entitled Residents Rights and Responsibilities it states: “As part of its dedication to maintaining the best possible living environment for all residents, your HUD field office encourages and supports the following: 1/ Management agents and property owners communicate with residents on any and all issues.”

In my opinion, refusing to answer questions on the issue of a rent-increase proposal is not encouraging and supporting communication with the residents; as a matter of fact, it is doing just the opposite: it is refusing to communicate and stonewalling.

How can I file a motion with the court to compel the management and HUD to respond to my questions? This would be a motion to compel discovery.

[gerard]

There is nothing you can do. Since you don't live there and you are not a lawyer retained by a person that does live there you have no standing to do anything.

[aldric13]

A motion to compel discovery is only applicable if you've already filed a lawsuit.

In order to file a lawsuit you must allege damages and a theory of liability.

A proper theory of liability requires that HUD did something wrong. Based on your facts it doesn't look like HUD has committed a violation.

What you need is a legal basis which forces HUD to answer your questions. I'd suggest looking at Florida Public Housing Laws and the Freedom of Information Act. Also try a Google search for phrases like "right to disclosure public housing" or "HUD claims procedure" etc...

[ailwyn]

You would not do this. Your attorney would do this, after you had filed suit. And you would probably not have standing in this case, since you are not a resident and your interest is for your aunt and not your mother or grandmother.

I would contact the Florida Department of Elder Affairs (http://elderaffairs.state.fl.us/) and see if they have any advice for you that does not involve your aunt retaining an attorney.