Talk Poverty -When McGary lived in Portland, Oregon, a city inspector decided he
had too much debris in his yard and cited his home as a “nuisance”
property under the city’s local nuisance ordinance. McGary, who was
living with AIDS, asked volunteers from a local AIDS project to help.
But before they could clear the yard to the city’s satisfaction, McGary
was hospitalized with AIDS-related complications. His patient advocate
informed the city that McGary was an individual with a disability and
requested more time, but Portland refused. The city issued a warrant for
violating the city’s chronic nuisance ordinance, and charged him
$1,818.83 for the cost of clean-up. When McGary couldn’t pay, Portland
claimed rights to his home — and forced McGary sell it to satisfy his
debt to the city.
McGary is just one of many people with disabilities who lose their homes in the estimated 2,000 municipalities
across the country with “chronic nuisance ordinances” (also called
“CNOs” or “crime-free ordinances”), local laws that punish residents for
behaviors the city decides are “nuisances.” Most encourage or even
require landlords to evict tenants whose homes are declared a nuisance —
and impose fines and fees on landlords if they don’t evict and the
infractions continue. In some cases, like McGary’s, cities fine
homeowners or place “liens” (a debt attached to a property) to
“nuisance” properties, effectively forcing a cash-strapped household to
sell their home.
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