Putting a Face on the Homeless
HAP Volunteers Help a Hoarder and Clutterer Keep A Roof Over Her Head
By Joel Liberson & Jason Wolford, Liberson & Wolford
Diana Taylor has lived in her San Francisco apartment for 36 years. In February 2006, her landlord initiated eviction proceedings because she had accumulated too many possessions in her apartment - commonly referred to as "hoarding and cluttering." The Eviction Defense Collaborative, an agency in San Francisco that assists tenants who are facing eviction, referred Taylor to VLSP's Homeless Advocacy Project (HAP). HAP contacted our firm, Liberson & Wolford, and we accepted the case pro bono.
During our initial client meeting in February, Taylor presented herself as someone who might be suffering from a mental disability. Unsure as to whether there was any connection between this potential disability and the condition of her apartment, we contacted HAP social worker Abby Westbrook for a consultation. Westbrook believed that Taylor might be suffering from Obsessive Compulsive Disorder (OCD), which might have resulted in the "cluttered" condition inside her apartment.
Our next step was finding a doctor or psychologist who could consult with Taylor and determine if she suffered from OCD. Taylor could not afford to pay for the services of a qualified mental health professional, so we raised this issue with the San Francisco Superior Court and her landlord. We explained that we were contacting numerous medical clinics and the Court granted Taylor's request for a brief extension.
We were finally able to schedule an appointment with Dr. John Moranville, a psychiatrist who is affiliated with the Native American Health Center. After his consultation, Dr. Moranville told us that Taylor likely suffered from OCD, but that he needed to schedule a follow-up visit to confirm the diagnosis and formulate a treatment plan. The soonest appointment we could schedule was one month later.
In late June 2006, at Taylor's second appointment, Dr. Moranville confirmed his earlier diagnosis of OCD, and further explained that her medical condition resulted in her inability to remove the "clutter" inside her apartment. The doctor began formulating a detailed "accommodation plan" to remedy the situation in the apartment. However, Taylor was running out of time; her trial date was July 10, 2006.
On the morning of July 10, we discussed the disability issues triggered in this case with the landlord's attorney and the Court. Even though the landlord was notified of the doctor's diagnosis and impending treatment plan, the landlord refused to agree to continue the trial date for the purposes of finalizing Taylor's treatment plan. Therefore, we had to proceed to a jury trial in order to save her tenancy.
Wolford conducted the weeklong trial, during which Taylor presented evidence that she was disabled, and that the disability resulted in the "cluttered" condition inside
her apartment. She also presented evidence that the landlord had failed to provide the legally mandated "reasonable accommodation" prior to initiating the eviction lawsuit. In a unanimous verdict, the jury agreed with Taylor, and judgment was entered in her favor.
Currently, Taylor is still working on her treatment plan, and has assistance in cleaning her apartment. Thanks to the team effort of Abby Westbrook and Dr. Moranville, we preserved Ms. Taylor's tenancy, keeping her from becoming added to the ranks of the homeless in our community.
Joel Liberson and Jason Wolford are partners in the law firm Liberson & Wolford LLP. They have been volunteers with VLSP's Eviction Defense Project and Homeless Advocacy Project since Fall 2003. For more information on how you can get involved with VLSP's eviction defense work, please contact us at vlsp@sfbar.org.
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