Disabled, applying for asst. but landlord’s evicting

By MLB

I am disabled, and suffer from a severe PTSD (Post Traumatic Stress Disorder) and a TBI (Traumatic Brain Injury: from a 3 yr really bad relationship in which abusive ex-boyfriend was beating me in the head frequently, and then almost every day during over the last year we were together, culminating in a vicious attack that broke my nose & ribs & fractured the base of my skull, as well as left me w/a ruptured spleen and collapsed lungs). I also constantly battle anxiety, depression, and terrifying traumatic (and psychotic) nightmares. I am on Social Security Disability and SSI, but my income isn’t enough to pay rent on my own.  So I found a 2-BR Apt. and a roomate, who signed a sub-lease to pay 1/2 rent and bills for the duration of my two-year lease ending in March 2014.  We moved in May 12, 2012 and had no problems, paying rent on time every month. Meanwhile, my best-friend turned boyfriend was downsized from his job in Sept. after the tourist season (the city where we live has a winter population of 15,000 that grows to 150,000 during the summer) and could no longer afford his place, so he moved in with me.  Then Hurricane Sandy hit…my boyfriend and I stayed home and rode out the storm since we live on the second floor.  The devastation was incredible, but slowly things returned to almost normal.  Or so I thought…

Around the middle of November, the roomate owed me money for bills, so I was knocking and knocking on his door one day. Nobody continued to answer, so I grew concerned that he was o.k. (he’s diabetic), so I finally opened the door…to find the room completely empty.  He moved out with no notice and refused to honor the lease he had signed.  I had to track him down at his Mommy’s house to collect some of the money he owed me multiple times…he wasn’t even man enough to come give me what he owed on his own.

So suddenly, I’m without the money for half the bills and rent, and my boyfriend is unemployed, still job-searching but not having any luck because of our town’s seasonal business, and might not get hired until spring.  Fortunately, I had participated in a study that paid $275, and we received that check just in time to combine it with my SSD & SSI pay December rent.  However, that  took every penny we had, and December was a really bad struggle for us both: we were broke and couldn’t even pay any bills.  I don’t even want to tell you about Christmas…it was really sad and there’s not much to tell…at least we have each other.

When January came, we were unable to pay rent because we had to catch up on all the bills we couldn’t afford in December, and the same thing happened in February.  It’s really difficult to support two people on less than $760/mo, which is what I get for SSD & SSI.  I told the landlord I was going to apply for rent assistance, but needed an eviction letter to do so.  Emergency Rent Assistance won’t even consider helping until you are in danger of being homeless, so the landlord gave me the letter.  I tried multiple times to apply, but needed a mountain of paperwork and verifications.  One day when I came back from dealing with Social Services, I got the mail and was shocked to find that the landlord had filed for eviction in court!  I rushed to get all my documents together for Rent Assistance, but was not able to get everything I needed until the day before my court date, and Social Services was closed that day for President’s day.  So I got up extra early the day of court to get all necessary paperwork to apply for help to Social Services.  We rushed to get my application completed before court, and I made it just in time.  However, I do not yet have a definite answer if I’m going to receive the assistance because it takes them 7-15 days to process it.

 When I met with the landlord and his wife in pre-court mediation on 2/19, they refused to allow me the 7-15 days it would take to get approved for assistance, and incorrectly stated that we’d be right back in court again.  I informed them that Rent Assistance pays for up to a whole year, plus covers back rent, which would satisfy the terms of my lease.  I asked for just enough time to get an answer from Social Services so that I did not have to be forced from my home, but the landlords refused, stating that I had already had two months.  I tried to explain to them that I applied for Rent Assistance as soon as humanly possible, but they wouldn’t listen at all, and I was told to expect the Sheriff by Fri. 2/22 or Mon. 2/25.  They said it was a "business decision", but I’d like to point out that I am not a business, I am a Disabled human being, and the fear of being evicted is substantially worsening my PTSD, TBI, anxiety, depression, & nightmares.

I also suffer from Sjogren’s Disease, Arthritis, Fibromyalgia, Carpal Tunnel in both hands, have a protruding disk in my lower back and nerve impingement at C7.  Daily life and function are painful and difficult for me: having to move in the middle of winter is basically physically impossible and definitely presents undue hardship.  Do I have any additional rights because I’m disabled? I feel like I’m being discriminated against because of my Disability.  It is not my fault I’m on a limited fixed income and was deserted by the renter I was counting on.

The Sheriff came today 2/22/13, and served the Warrant of Removal, which gave us 3 days to get us and our stuff out.  The problem is we have no place to go and no way of moving all our furniture and belongings, especially in that tiny amount of time.  The paper attached to the warrant said that I could receive a hearing to stay the warrant if I paid $1,824 to the court, which I do not have.  HOW DO I STAY THE WARRANT IF I DON’T HAVE THE MONEY?

WHAT DO I DO TO KEEP FROM GETTING KICKED OUT OF MY HOME?  I’m just waiting for approval from Social Services Rent Assistance, (SSRA) and then the landlords will be guaranteed their back rent and rent for the next year.  I just need more time for SSRA to process and approve my application.  The woman who took my app. said I should call Tues. 2/26, but the warrant says I’ll be removed from the property between 8:30 a.m.-4:30 p.m on Wed. 27th.

HELP!?! I DON’T KNOW WHAT TO DO OR HOW TO DO IT! Can Social Services pay the court directly? HOW DO I GET MORE TIME SO THAT MY RENT ASSISTANCE CAN BE APPROVED?!? HELP!!!!!!!

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