Handling Hoarding

A multifamily challenge

By Erica Rascón on Jul 16, 2012 in News

Hoarding has affected multifamily housing firms long before any reality show.  Also known as compulsive hoarding and cluttering, hoarding is the excessive collection of possession or animals. According to the International Obsessive Compulsive Disorder, it is closely linked with obsessive compulsive disorder, a mental illness that affects nearly 3 million people throughout the nation. As a mental illness, tenants that hoard are protected under the Fair Housing Amendments Act and the Disabilities Act, and must be cared for accordingly.

On-site staff members  face the delicate task of  early detection, fair treatment, and effective recourse against non-compliant tenants to ensure the safety of property, staff and residents.

Nearly 100 task forces and agencies have been established in the US to assist tenants with hoarding issues, as well as provide guidance for property managers. Task forces vary by state with multiple task forces present within some governmental and humanitarian agencies. Public health, mental health, protective services, fire safety, and animal control are just a few agencies that often support hoarding task forces.

The Risks of Hoarding

Many owners and property managers are not equipped with the skills needed to asses and treat compulsive hoarding. It is advisable to request the assistance of a local task force to create a fair and accurate assessment of tenants’ living conditions. These agencies can help to differentiate between a zealous collector of diverse items and someone whose collecting results in dangerous health and living conditions. The later creates an environment that is perilous to the hoarder, neighboring tenants, and the property. Some signs of a hoarding situation:

• Possessions that block emergency exits, hallways, and windows can block access for emergency personnel and may also result in personal injury or even death for the tenant.
• Possessions that block or interfere with ventilation may cause health problems such as mold, mildew, and poor air quality for the inhabitants of the affected unit as well as neighboring units.
• Improperly stored food items will attract and harbor pests. These factors can contribute to the spread of disease and formidable odors.
• Long-term hoarding may cause damages to floors, walls, and furnishings provided by the property; in extreme cases the accumulation of possessions has affected the structural integrity of the unit.

Staff Training

To address hoarding properly, sensitivity training is paramount for property managers and staff members. These training sessions may cover the root causes of hoarding, case studies, and proper legal protocol for extenuating circumstances. In addition to mental illness, the neglect and abuse of elders may also be a cause of hoarding; such considerations should be thoroughly addressed with staff, as elders are a protected group under multiple state and federal laws.

Training may also establish methods of early detection. Regularly scheduled inspections for health code compliance, fire safety compliance, and even simple smoke detector maintenance provide staff with the means of inspecting individual units.  Early detection may prove to be a property manager’s best defense. When tenants are guided toward professional counsel in the early stages of item accumulation, large scale damages to person and property may be thwarted.

A number of firms have successfully revised lease agreements to protect their properties from the adverse effects of hoarding. All lease revisions must comply with FHAA and Disabilities Act guidelines. To ensure fairness and prevent claims of discrimination, it is advisable for all tenants to receive the revised lease agreements in a timely manner.

Recourses for Multifamily Property Owners

Mandatory and involuntary clean-outs are not recommended. Clean-outs do not address the root causes of hoarding, potentially leading to recurrences in the near future. Additionally, The Health Department of Nantucket reported three deaths following clean-outs in 2007, demonstrating the delicate approach needed to assist those with compulsive collecting tendencies.

Staff should first be instructed to consult the guidance of local task forces and service providers for the ill or elderly. Such agencies can connect tenants with the medical assistance and support.

Noncompliant tenants may face eviction if health and safety violations are present, or in cases where the unit has suffered costly damages. Evictions, when possible, prove to be costly. Clutter and odor removal are accompanied by considerable expense, in addition to repairs for the unit and potential legal fees. In most cases, promoting the assistance of third parties (such as task forces, health clinics, and tenants’ family) can cut costs for the property while feasibly posing a long-term solution.

What practices and resources have proven effective for your properties?