The Trainer

Dealing with Graffiti and Noisy Residents

In our feature article on dealing with graffiti on site property, we discussed how important it is to view graffiti as vandalism, not art. Remember, graffiti creates property damage that you have to spend time and resources to fix. In addition, sometimes graffiti is gang-related, and, if so, it's a warning sign for you to investigate immediately.

Dealing with Graffiti and Noisy Residents

In our feature article on dealing with graffiti on site property, we discussed how important it is to view graffiti as vandalism, not art. Remember, graffiti creates property damage that you have to spend time and resources to fix. In addition, sometimes graffiti is gang-related, and, if so, it's a warning sign for you to investigate immediately.

In another article we discussed what you need to do to build an effective eviction case against noisy residents. As we pointed out, when owners or managers have been successful in having a noisy resident evicted, the evidence against the resident was well documented, and often there was a problem with disruptive behavior on the part of the noisy resident as well. The bottom line: While it's not impossible to get rid of a loud resident, it's not all that easy, either.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

If a resident's dog barks at all hours of the day and night and the resident makes no attempt to control the dog, the situation could constitute a “noisy resident.”

  1. True.

  2. False.

QUESTION #2

Keep documentation in your management office that includes specifics of the noise issue, including:

  1. Time of day.

  2. Source of the noise and whether it was prolonged.

  3. What steps you took to advise the resident of the noise complaint.

  4. All of the above.

QUESTION #3

If a judge hears your case against a noisy resident, she will want to know the number of residents affected by the noise. True or false?

  1. True.

  2. False.

QUESTION #4

Fill in the blank: If you need to evict a noisy resident, you must provide at least _______ days' notice to the resident.

  1. 10

  2. 30

  3. 60

QUESTION #5

In general, HUD considers the presence of graffiti at your site to be a minor problem. True or false?

  1. True.

  2. False.

QUESTION #6

When cleaning up graffiti, it's best to do so:

  1. Within 24 hours, if at all possible.

  2. Within a week.

  3. Only after you've found out who is responsible for the graffiti.

QUESTION #7

When trying to find out who is responsible for the graffiti, you should:

  1. Restrict your search to residents.

  2. Always call the police.

  3. Consider all possibilities, including residents, guests, or people hanging around your site.

QUESTION #8

If the child of a resident is responsible for the graffiti, you should:

  1. Seek action in juvenile court.

  2. Hold the parent accountable.

  3. Give the child a stern warning.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: a

The inability to control a dog at any time is a chronic situation that consistently affects the quality of life of surrounding residents. An incessantly barking dog is, therefore, no different from an incessantly loud and noisy resident.

QUESTION #2

Correct answer: d

Documentation is the key to success in any action against a noisy resident. Always put in writing, in a letter to the resident, that noise is a problem, that it has to stop, and that, if it does not, there will be repercussions, including possible court action and eviction.

QUESTION #3

Correct answer: a

The judge wants to know how the noise has affected the lives of other residents. And the more residents who are affected, the better. It's best, experts say, when there is support from a number of residents, around the one who is the source of the noise, who would be willing to testify about the problems resulting from the noise.

QUESTION #4

Correct answer: b

If you find that you need to take your case to court to evict a noisy resident, the court will expect that you've complied with HUD's lease termination notice requirements, which mandate at least 30 days' written notice before you terminate a lease. In addition, the HUD Handbook requires that you give the resident sufficient information about the cause for termination “to enable the tenant to prepare a defense.”

QUESTION #5

Correct answer: b

HUD considers the presence of graffiti at your site to be a serious issue. REAC inspectors will cite you for the presence of graffiti in common areas of the building and/or site exteriors. Graffiti in just one location can cost you points. If it's found in six or more locations, it's a level 3 violation, the highest level infraction.

QUESTION #6

Correct answer: a

You should clean or cover graffiti within 24 hours. Have touch-up paint handy and cover the surface as soon as you can, experts say.

QUESTION #7

Correct answer: c

In general, you need to seek out the source behind the graffiti damage. If it happens in the same place at the around the same time—for example, 3 p.m.—the vandals may be kids on their way home from school.

QUESTION #8

Correct answer: b

Let the resident know that if it is his family member or guest who is responsible for the graffiti, he is accountable and could lose his home.

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