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Mother Faces EvictionMother of autistic boy faces eviction Neighbors say the boy is too noisy. Article Last Updated: 10/29/2007 09:29:22 AM EDT  Reggie Knight, 9, is autistic, and his cries or... (DAILY RECORD / SUNDAY NEWS - KRISTIN MURPHY At bottom:
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Oct 29, 2007 — Shelly Spann is looking for a new place to live for her three children.She said she's tired of fighting with her neighbors who have pushed to get her evicted from Monarch Mills Condominiums in York because her autistic 9-year-old son, Reggie, screams, cries and has loud outbursts. "I didn't realize people would react this way, especially to a child with a disability. It's sad. I'm shocked people are so insensitive," Spann said. The Condominium Association filed eviction proceedings with York County District Justice Richard Martin Oct. 19. After returning from a day of searching for a new place to live, Spann was served with the paperwork Thursday by a constable. Spann has filed a discrimination complaint with the city's Human Relations Commission, alleging her disabled son is protected under the federal Fair Housing Act. The case is pending, said Stephanie Seaton, the HRC's executive director. Speaking in generalities, Seaton said the Fair Housing Act prohibits discriminating against someone with a physical and mental disability.
Spann moved from Baltimore in June. She wanted better schools and a better quality of life for her and her three children, she said. She found a condominium at Monarch Mills in the 600 block of North Hartley Street, which she subleases from Towanda Taylor and David Pipkin of Maryland for $1,150 a month, according to the eviction filing. York attorney Gilbert Malone, who represents Taylor, Pipkin and the condominium association, said Spann is being evicted because several neighbors have complained about Reggie's outbursts, which include hours of "intense screaming" at any time of the day and night. Malone, who has practiced since 1967 and specializes in landlord-tenant law, said Spann's discrimination claim has no merit. "The law is clear that people who are autistic or who have any disability may not be excluded from housing because of a disability. But you may exclude their conduct," Malone said. Malone likened the situation to a mentally retarded man exposing himself or sexually attacking people in an apartment complex where he lives. "You don't have to tolerate that behavior," said Malone, who was speaking on behalf of Taylor and Pipkin. Spann also owes $1,300 in back rent, Malone said, something Spann said she has started to address. Spann said she believes the problem was avoidable. She said the condominiums were built inside the former Bluebird Silk Mill in the city's west end without much sound-proofing for the exposed brick walls and hardwood floors. "The walls are so thin you can hear the neighbors pass gas and go to the bathroom," Spann said. Several offers have been exchanged in an attempt to settle the dispute. Since Spann has an end unit, Malone suggested she move her child's bedroom to negate the noise. She refused. Spann suggested the owner install sound buffers, including rugs. Malone said Spann is responsible for that expense. Spann offered to move if she received her security deposit and $5,000 in moving expenses and the back rent was forgiven, Malone said. The offer was rejected, he said. Spann said the owner offered to let her get out of her lease, return the security deposit and offer a good reference if she leaves by Oct. 31. She said she is trying to find suitable place so she can accept the offer. "I just pray to God some type of miracle comes and I can be done with this," Spann said. "I'm tired. I don't want to continue to fight. I want it so I can relax and my son can relax. This is so stressful." Spann said her neighbors have been openly hostile, including yelling, banging on her door and telling her to get the child out of the building when he throws a tantrum or to sedate him. She says one of her strongest critics is downstairs neighbor Matt Jackson, who is also the city's economic development director. Jackson has touted Monarch Mills as a part of the city's renaissance efforts. The city and school district forgave more than $300,000 in back taxes to spark a $4 million investment into creating 27 condominiums and redeveloping an empty, blighted building. Spann wrote Mayor John Brenner to ask for help and to complain about Jackson's behavior. Jackson said he is frustrated about being unable to work out the problems with Spann, Taylor and Pipkin. He said he wants the owners to put down carpet and rugs as required in the association agreement to mitigate the noise. "All I ask for is peace and quiet. This is nothing personal against Ms. Spann," Jackson said. Brenner said Jackson has suffered health problems because of his inability to sleep. While the mayor said he is sympathetic to Spann, he said Friday the noise is disrupting multiple tenants and a solution must be found. "This is a very difficult situation for everyone involved," Brenner said. Reach Mike Hoover at 771-2088 or mhoover@ydr.com. GLANCEWhat: Shelita "Shelly" Spann is being evicted from Monarch Mills Condominiums, 600 N. Hartley St. Why: Because her 9-year-old autistic son, Reggie, cries, screams and disturbs the neighbors. Her response: Spann has filed a discrimination complaint against the landlord. Her plans: Spann said she is tired of fighting and will move if she finds a new place. That is so sad! This is the part that really torqued me off: Malone likened the situation to a mentally retarded man exposing himself or sexually attacking people in an apartment complex where he lives. How dare he? Yes ZachsMom....how dare he! [QUOTE] Malone likened the situation to a mentally retarded man exposing himself or sexually attacking people in an apartment complex where he lives. [/QUOTE] Loud outbursts are like sexual misconduct? What an idiot! |
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