is harassment by neighbor discrimination?

[RitaFH]

Have I been cut off?  I am not getting any response here.  I just read the HUD investigative report and I am furious,  Despite the neighbor mentioning to the investigator that he doesn't think my son is disabled and has taken pictures of him,  called the police on him and written down license plate numbers of my son't friend, claims my son started numerous barn fires,  (there are no barns to burn)
 the investigator still found the neighbor to be a victim.   Poor neighbor,  All he has to say is I don't like them people there,  they scare me,  they bother me and walla,  he gets his way.   If that is what fair housing means every protected person out there is left with no help or hope.  If we leave these decisions up the to neighbors how does this protect our rights?    Investigator talked to the neighbor and his friends like 6 times,  did not make contact with even one of our supporters.  So skewed.   I have lost all faith in the fair housing system,  It does not work.  This neighbor who is a sex offender, child rapist, and convicted of other assault charges is the victim?   Does HUD have it's heads in the clouds or buried so they don't have to deal with things?  It is outrageous. This particular ivestigator would not know discrimination is it slapped him in the face,  which it did and he missed it.  so sad.

[Lynn Clark]

I am sorry about the lack of a response. I did not notice the update.

There is not much more you can do if your lawyer has filed requests for reconsideration. You could try to sue the neighbor for harassment (not under the fair housing laws) for the numerous phone calls to the police, etc. Locally a person did that and got a better result through the local court than through the fair housing commission. You could try filing a complaint against the local board for a fair housing violation, not failing to enforce fair housing laws. The details that you provide in the complaint should make it clear that it is not the neighbor who violated the law but the board for failing to provide an accommodation. You could point out that they should not consider the neighbor's complaints unless there are specific instances of violating the zoning or housing codes. Ask the board to produce all of the actions they have taken in regards to neighbor complaints so that you can find out if they have targeted people with disabilities for denials of accommodations. If they have taken none, then you can ask why they are doing so in your case. If they acted in other cases, have make sure to get a count of how many complaints did not involve a person with a disability to compare the numbers.There may be a disproportinate number wich implies a violation of the fair housing act through a disparate impact theory.

Lynn

[RitaFH]

Thanks for the reply,  Things are so bad I am thinking of moving my son out onto the streets.  The neighbor continues to lurk on the property line in the dark,  watching and making nasty comments.  No one will help.  They say you can't file in civil court for harassment in Delaware,  it is a criminal matter, the police say it is a civil matter.  The lawyer doesn't want me to make waves against the neighbor.  He will be deposed in the federal case.  If my son moves for his safety the lawyer will drop the case.  It is really hopeless and I thank you for listening to me.  It is the one thing I have really needed through this is someone who doesn't just want me to shut up and go away.  Any ideas what else I could file in civil court besides harassment? 

[Lynn Clark]

Any ideas what else I could file in civil court besides harassment?

I do not know Delaware law so I can not advise you on that issue.

Lynn