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Good Samaritan Code to avoid eviction Housing Homeless person

Discussion in 'Eviction, Recovery of Premises' started by careerswah, Feb 26, 2020.

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  1. careerswah

    careerswah Law Topic Starter New Member

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    So I have a female staying with me. She is middle-aged, homeless, with mild to major disabling conditions, such as major depression, Borderline personality-non violent except during her divorce with her ex... She was high on pot and alcohol. She also has a heart murmurs condition. She got charged with pot possession domestic abuse, in the last 2 years. Also 3 evictions, 1 as recently as 5 years ago. Also other charges in past all misdemeanors.



    She is only working part-time at a $9.00 hr job about 12 hours weekly. I am violating my lease with federal public housing apartment rental. by letting her stay with me until she gets enough money to move out on her own with a good enough job. The one public shelter is full of about 15 sex offenders, drug addicts, and alcohol abusers and untreated mentally ill. She has been raped twice in the past and does not want to go there. They are overcrowded also.



    Are there grounds for a legal argument that I am following The Good Samartin Principle of trying to save someone's life Housing someone homeless and there should not be a judgment against me for this due to the homelessness epidemic? I am breaking my lease with public housing apartment rental. Live in US,, IA
     
  2. army judge

    army judge Super Moderator

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    You are jeopardizing your ability to rent/reside in safe, clean, housing IF an eviction proceeding is launched against you.

    Your motives are commendable in theory, but unsound in practicality.

    If you don't cure your default by unlawfully allowing the woman to reside in your rental unit, the homeless population could increase by two people.

    If that happens, you'll probably never be allowed to reside in subsidized housing again, and you'll likely not receive any section 8 assistance.

    You'll also find that most legitimate landlords will also refuse to rent to you.

    Choose wisely, the world has rules and laws that we must obey or risk it's wrath.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    I'm sorry, but as noble as it is to help others, doing that won't save you from being evicted from public housing if you are in violation of your lease by doing it. There is no Constitutional principle that says the government must guarantee everyone a home — if there was, we wouldn't have nearly the homeless population that we do. So you won't get a judge to deny eviction just because you are helping this person. Keep trying to find resources to help her get into some other living situation because if she stays with you and the public housing authorities discover what's going on, you both might be out of a place to live.
     
  4. flyingron

    flyingron Active Member

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    There is also no "good samaritan principle." Some states have specific "good samaritan" statutes that protect those who help in good faith in an emergency situation from civil liability. This is NOT one covered by Iowa's (or any other state's that I am aware of) Good Samaritan law.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    And as an aside, there is a compelling argument that what most people understand as the lesson from the parable of the good Samaritan in the New Testament is wrong.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Gotta love Wikipedia:

    Parable of the Good Samaritan - Wikipedia
     
  7. P1776

    P1776 Member

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    No grounds for her to stay with you. I very cynical about peoples' motives, so I'll not comment further about the wisdom of her staying with you
     
  8. sandyeggo

    sandyeggo Member

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    If you decide it's in your own best interest to tell her to leave so you aren't kicked out yourself, what are you going to do when she refuses to go?
     
    justblue likes this.
  9. justblue

    justblue Well-Known Member

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    Which is very likely to happen.
     

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