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CRT Decision | Gervasi | 15-VFN-2

Date: 
01/01/2015
Author: 
Dominic Gervasi, Esq.

Resident present: Yes

Counsel Present for Resident: No Representation

Vendor: Vinfen

Counsel Present for Vendor: Redacted

Hearing Officer: Dominic Gervasi, Esq.

 

The resident had signed the occupancy agreement where he agreed upon different rules, in order to be a resident. However, they have violated the provisions which are paragraphs B, C, H, K, L, and N of the lease. These violations could lead to eviction of the resident. The resident has had multiple violations of the occupancy agreement, where he received several notices of possible eviction from Vinfen.  The resident refused to engage in supportive that are required by the lease. Vinfen has presented the violations to the resident numerous times, starting in 2014 lasting up until 2015.

The resident violated paragraph B of the lease, when they didn’t engage in the supportive services. The resident violated paragraph C, when the housing unit they lived in wasn’t safe or clean and not create or maintain situations that result in health, fire, or other safety hazards. This occurred when the program supervisor was performing random checks of rooms and asked the resident if he could enter his room. The resident allowed him to, however the program supervisor had noticed something wrong in the unit. Paragraph H was violated, and K where the resident hadn’t been respecting the rights of his neighbors. Paragraph L was violated when the resident damages the property, and finally the resident had violated paragraph N on numerous occasions on the property. The evidence of these violations are substantial enough to meet the requirements of the Community Residence Tenancy Act and if the resident is able to continue, in spite of reasonable accommodations is like to impair the emotional or physical well-being of other occupants, program staff or neighbors. The proposed eviction is confirmed.

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