Transcript Hoarding

"Hoarding"
A Legal Analysis
Presented by: Richard S. Porter
Hoarding: General Overview
 Hoarding is the compulsive purchasing, acquiring, and
saving of items that have little or no value.
 According to the International OCD Foundation,
hoarding is a complex disorder that consists of three
connected problems:
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1) Collecting too many items
2) Difficulty getting rid of items
3) Problems with organization
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The Medical Community: "Hoarding
Disorder"
 Although traditionally treated as a form of
obsessive-compulsive disorder (OCD), the
fifth edition of the Diagnostic and Statistical
Manual of Mental Disorders (DSM-5),
released in 2013, recognizes "hoarding
disorder" as a distinct condition.
 Studies have found about 5% of the
population is affected by this hoarding
disorder.
 There are two main types of treatment that
help people with hoarding disorder:
cognitive-behavioral therapy (CBT) and
medication.
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Warning Signs of Hoarding
 Diagnosis: Denial vs. Admission of Problem
 Typical signs of someone who hoards include:
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Avoids throwing away possessions
Has trouble making decisions about organizing possessions
Becomes suspicious of other people touching possessions
Feels overwhelmed or embarrassed by possessions
Has obsessive thoughts about possessions
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Collecting vs. Hoarding
 Collecting ≠ Hoarding
 In general, collectors take pride in their possessions and
enjoy displaying them for others to see. A collector
organizes his or her collection, and feels satisfaction
while adding to it.
 Conversely, hoarders generally experience
embarrassment about their possessions and often feel
uncomfortable when others see them. There is a feeling
of sadness or shame when additional items are
acquired.
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Why is Hoarding a Problem?
 Public health
 Entrapment
 Fire hazard
 Police obstruction
 Structural damage to neighborhood
 Nuisance
 Decrease in property value
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Statutory Definition
 Hoarding is a term that has rarely been defined by
legislative bodies at the federal, state and local levels.
 Outside the context of animal hoarding, the Illinois
General Assembly addressed the issue once, within the
definitions section of the Adult Protective Service Act.
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320 ILCS 20/2: The term self-neglect "includes compulsive
hoarding, which is characterized by the acquisition and retention
of large quantities of items and materials that produce an
extensively cluttered living space, which significantly impairs the
performance of essential self-care tasks or otherwise
substantially threatens life or safety."
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Traditional and Contemporary Legal
Solutions
Traditional
 Public and Private Nuisance Law
 Enforcement of Local Health, Sanitation and Housing Codes and Zoning
Ordinances
 Landlord-Tenant Agreements
Contemporary
 Hoarding Statutes
 Task Forces
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Public Nuisance: Definitions
Common Law
 A public nuisance is an unreasonable interference with a right common to
the general public. Restatement (Second) of Torts § 821B (1979).
 A public nuisance, unlike a private nuisance, does not necessarily involve
an interference with the use and enjoyment of land, but encompasses any
unreasonable interference with a right common to the general public. 58
Am.Jur.2d Nuisances § 31, at 592 (2002).
Statutory
 720 ILCS 5/47-5 of the Illinois Criminal Code defines what conduct
constitutes a public nuisance, and subsection 15 addresses hoarding-type
behavior.
•
"To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets,
cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor
mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive,
injurious, or dangerous to the health of individuals or the public." - 720 ILCS 5/47-5(15)
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Public Nuisance: Code Violations
 It is common for county, city, or municipal codes to include provisions aimed
at the prevention of behavior and practices which the lawmakers classify as
nuisances.
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Example:
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PUBLIC NUISANCE: Includes the following: (1) The physical condition or use of any premises regarded
as a public nuisance at common law; (2) Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned
dwelling units, wells, shafts, basements, excavations, tree houses and unsafe fences or structures,
abandoned vehicles, unsecured and unattended swimming pools, appliances, furniture or other such
items; (3) Any premises which have unsanitary sewerage or plumbing facilities; (4) Any premises
designated as unsafe for human habitation or use; (5) Any premises which are manifestly capable of
being a fire hazard or are manifestly unsafe or unsecured as to endanger life, limb or property; (6) Any
premises from which the plumbing, heating and/or facilities required by this code have been removed, or
from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required
precautions against trespassers have not been provided; (7) Any premises which are unsanitary, or
which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds. Village of
Addison Code, Section 24-202.
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Public Nuisance: Inadequacy
 Although violations of the county, city, or municipal
ordinances or codes can be defined as a public
nuisance, courts in Illinois will usually not allow a private
cause of action based on such violations unless a
private cause of action is expressly authorized by the
ordinance or code.
• See e.g. Thompson v. Tormike, Inc., 127 Ill. App. 3d 674 (1st Dist. 1984) (Holding
that a private cause of action is not necessary to achieve the aim of the city
ordinance. The fines provided in the ordinance could be substantial and in all
probability would deter the commission of the offense.)
 As a result, citizens are forced to rely on local authorities
to enforce the codes at their own discretion. (discussed
in later slide)
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Private Nuisance
Common Law Definition

A private nuisance is a substantial invasion of another's interest in the use and enjoyment of his or
her land. The invasion must be either intentional or negligent, and unreasonable. Willmschen, 362
Ill.App.3d at 553, 298 Ill.Dec. 840, 840 N.E.2d 1275.

The Illinois Supreme Court has frequently stated that a nuisance must be physically offensive to
the senses to the extent that it makes life uncomfortable. In re Chicago Flood Litigation 176 Ill.2d
at 205, 223 Ill.Dec. 532, 680 N.E.2d 265.
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An invasion constituting a nuisance can include noise, smoke, vibration, dust, fumes, and odors
produced on the defendant's land and impairing the use and enjoyment of neighboring land. In re
Chicago Flood Litigation, 176 Ill.2d at 205–06, 223 Ill.Dec. 532, 680 N.E.2d 265.
 There are no private nuisance decisions in Illinois specifically
addressing the behavior that falls under the umbrella of
hoarding. However, there is nothing in the private nuisance
jurisprudence that would prevent such cause of action.
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Violation of Health, Sanitation and
Housing Codes & Zoning Ordinances
 The most common conditions that result from long-term
hoarding violate laws and ordinances that were created
to ensure the health and safety of the public and the
preservation of property.
 Health, Sanitation and Housing Codes and Zoning
Ordinances:
• Most state, county, city, or municipal health and housing codes define number of
specific conditions on land or premises which might endanger the health or safety
of the public. These include, inadequate plumbing and heating, improper garbage
disposal, rodent and insect infestations affecting public health, unburied dead
animals, accumulated animal waste, and certain other hazards.
•
The codes also sets forth procedures for inspections, notices, abatement,
hearings and appeals.
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Specific Violations
 Is this a code or zoning
ordinance violation?
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Garbage = YES
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Weeds = YES
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Example: All exterior property and premises, and the
interior of every structure, shall be free from any
accumulation of rubbish or garbage. Melrose Park City
Code, Section 307.
Example: Weeds. grasses and undergrowth are not
allowed to exceed 8". Weeds, such as jimson, burdock,
ragweed, thistle, cocklebur and other similar species are
a nuisance. It is unlawful to allow these weeds on your
property. Batavia City Code, Section 4-4-2 .
Outdoor Storage = YES
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Example: Outdoor storage is prohibited in all residential
and business districts. Aurora Municipal Code, Section L.
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Hoarding: Firefighter Safety and Fire
Code Violations
 Many fire departments are experiencing serious fires,
injuries and deaths as the result of compulsive hoarding
behavior.
 Responding firefighters can be put at risk due to
obstructed exits, falling objects, and excessive fire
loading that can lead to collapse.
 Hoarding makes fighting fires and searching for
occupants far more difficult.
 Violation of Fire Codes.
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Blocked exits prevent escape from the home.
Storage of flammable objects.
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Enforcement of Codes and Zoning
Ordinances
 Each county, city, or municipality has a procedure in place to ensure
compliance with the codes and zoning ordinances intended to
improve and protect the health, safety, and welfare of the general
public.
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Common enforcement responsibilities include conducting
inspections, issuing noncompliance orders and overseeing the
correction of any violations.
 Although public officials are responsible for the enforcement of
health, sanitation and housing codes and zoning ordinances,
enforcement is discretionary, selective, and often unorganized.
 To enforce the codes, public officials must first determine whether the
occupant is not in compliance. After making such determination the court
will issue an order requiring corrective action. Failure to correct any
violation can result in fines as provided by the code, abatement orders and
contempt of court.
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Inspections: How Code and Zoning
Ordinance Violations are Discovered
 Local codes and ordinances contain inspection
provisions outlining officials' authority and
procedures to be used.
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Example: In order to safeguard the health, safety, and welfare of the public, inspectors of the Building and
Inspection Department and Fire Department are hereby authorized to make exterior and interior
inspections of all dwellings, dwelling units, rooming houses, rooming units, hotels, motels, multiple
dwellings and premises... If any owner or occupant of a dwelling unit fails or refuses to permit free
access and entry to the structure or premises under his control…the Building and Inspection Department
or Fire Department may petition and obtain an Administrative Search Warrant as provided within
Section 5.8 of Article 5 of the Revised Code of Ordinances. Mt. Vernon Revised Code of Ordinances,
Section 10-15(b)
 Violations are often reported by neighbors, and
accordingly most local websites provide contact
information to the proper inspection authority
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Inspections of Private Property–
Unconstitutional?
"The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized." – U.S. Const., amend. IV
 The courts have interpreted the Fourth Amendment to include the
right to privacy in one's home. As such, any warrantless search of
private property without proper consent is a violation of the
Constitution.
 In Camara v. Municipal Court, 387 U.S. 523 (1967), the U.S.
Supreme Court held that an administrative search occurred when a
municipal official entered a private dwelling to inspect the home for
health code compliance.
 RULE: Without consent or emergency, any official must obtain a
warrant.
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Landlord-Tenant Lease Agreements
 It is legal for landlords to include in lease agreements
provisions requiring the tenant to comply with local
codes and zoning ordinances.
 In the event of noncompliance, the tenant is often left
with the option of remedying the violation or having the
lease agreement terminated.
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Example:
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The tenant shall comply with all obligations imposed upon tenants by provisions of the
codes applicable to the dwelling unit. City of Evanston Residential Landlord and Tenant
Ordinance, Section 5-3-4(1).
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If there is a material noncompliance with the rental agreement or subsections 5-3-4-(1) of
this Chapter…the rental agreement will terminate within 30 days of receipt of notice,
unless the breach is remedied by the tenant. City of Evanston Residential Landlord and
Tenant Ordinance, Section 5-3-6(1).
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Creative Solutions: Hoarding
Ordinances and Hoarding Task Forces
 Hoarding Ordinances
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Although many state, county, and municipal statutes and
ordinances address health, sanitation and safety hazards in
general, there are very few laws on record that specifically target
hoarding. However, in the past few years, several municipalities
have enacted legislation for the purpose of combatting hoarding.
 Hoarding Task Forces
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To efficiently counteract the problems created by hoarding, many
communities establish task forces which are commonly
comprised of members from both the public and private sectors.
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Example of Local Ordinance
 Orange Village, Ohio
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On February 8, 2012, the Orange Village council revised the
Unsafe Dwellings and Structures section of the village's housing
code to address the issue of hoarding. Orange Village Code
Chapter 1331.
Section 1331.05, titled "Prohibited Conditions," mandates that
each dwelling be maintained in a fit and habitable condition for
human occupation. The code defines an uninhabitable dwelling
as "a dwelling containing conditions that result in, or reasonably
may result in, serious health and safety hazards to any person
residing in the dwelling."
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Example of Local Ordinance
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Pursuant to Section 1331.05 the Orange Village Code,
an uninhabitable condition may include the following:
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Excessive garbage and refuse within the dwelling;
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Many unkempt pets in need of care;
Kitchens that are unusable due to cluttered stoves, sinks, and tabletops;
Beds and bathtubs holding or containing items to the extent that there is room
for sleeping or bathing;
Large amounts of combustible materials blocking walking paths and fire exits;
Human and/or animal waste; and
Insect and rodent infestation.
Basically, the ordinance prohibits any dwelling that
looks similar to…
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Violation of Orange Village
"Hoarding" Ordinance
Picture from training.mmlearn.org
Picture from corvallisadvocate.com
Picture from blogs.houstonpress.com
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Example of Local Ordinance
 Orange Village, Ohio
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According to the ordinance, if a dwelling is found to be
uninhabitable, no person shall reside in such dwelling until the
condition is abated or removed. Section 1331.06.
Failure to comply results in a misdemeanor of the fourth degree
for the first offense and a misdemeanor of the third degree for
any subsequent offense. Section 1331.99.
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Fourth degree misdemeanor = fine
Third degree misdemeanor = fine and/or jail time
Abatement: the ordinance also provides that if the occupant fails
to remove or abate a condition within the time specified by the
ordinance, the Mayor may cause such condition to be removed or
abated. Section 1331.06
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Hoarding Statute – Constitutional?
 To date there have not been any constitutional
challenges to the hoarding ordinances recently enacted.
 Potential Constitutional Arguments:
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Violation of constitutional right to privacy based on a warrantless
search (4th Amendment)
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Section 1331.09: "nothing contained in this chapter shall be deemed
to confer a right of entry upon the Village, its officials or employees,
without a warrant or probable cause."
Illegal government seizure of property (4th Amendment)

Section 1331.06 Abatement Clause? Need warrant.
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What is a Hoarding Task Force?
 Task forces are teams consisting of both public and
private agencies and individuals which are responsible
for providing a coordinated response to cases of
residential hoarding.
 Hoarding task forces often include human service
professionals from diverse disciplines such as public
health, mental health, elder services, housing providers,
animal services, and emergency responders.
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Task Force Goals
 The common purpose of all task forces is to provide a
directed and managed response to hoarding cases.
 Task force goals include:
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Education
Coordination
Identification
Removal and sanitation
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Task Force Data
 Over 75 communities across the nation have formed
Task Forces.
 Currently there is one quasi-hoarding task force in the
state of Illinois, the Self-Neglect Task Force created by
Aging Care Connections in LaGrange, IL.
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This task force addresses the problems of self-neglect among the
elderly which often include hoarding.
 For a general overview of hoarding task forces visit:
http://www.hoardingtaskforce.org/
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How a Hoarding Task Force Functions
 Each task force is different but below is a general flow
chart for how a hoarding case is handled:
Complaint or
inquiry received
Case referred to proper
agencies within task
force
Case reviewed by task
force
If consent acquired, meetings will be held with the
hoarder and/or other interested parties or family
members to obtain resolution of health or safety
threats, neglect or abuse issues, or code violations
OR
If hoarder is uncooperative, citations are
issued to obtain resolution of violations.
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Agency
investigates report
to determine
appropriate
intervention plan
Animal Hoarding
 Animal hoarding is a distinct subset of hoarding, and creates a problem
which has been addressed separately by legislatures and humane
societies.
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Stat: According to the Anxiety and Depression Association of America,
40% of object hoarders are also animal hoarders.
 Problems:
• Inhumane treatment
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Overpopulation
Unsanitary Conditions
 Result: Major Health Risks
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Illinois: Humane Care for Animals Act
 In 2001, Illinois became the first state to define and
address animal hoarding in the enactment of the
Humane Care for Animals Act. (510 ILCS 70/1, et seq.)
 The law proscribes the cruel and inhumane treatment of
animals.
 Penalties for violating this Act can include the following:
animal removal, fines, Class A misdemeanor, Class 4
felony
 Anyone convicted under this law who is determined by
the court to be an animal hoarder is required to undergo
a mental evaluation and appropriate treatment.
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Aurora Man Guilty of Hoarding Birds
Chicago Tribune November 18, 2013
Picture from the chicagotribune.com
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An Aurora man who was living with hundreds of birds in his townhouse pleaded guilty today to misdemeanor
hoarding and mistreatment charges and was sentenced to probation.
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Issue reported to city officials in October 2012.
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City brought in air quality testing company which deemed the residence not habitable.
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Birds removed:
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359 live birds
120 dead ones.
Rescued birds sent to a human society.
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Questions or Comments?
 Questions or Comments?
 If you think of any legal questions or concerns about
hoarding, please contact me at:
•
Richard S. Porter,
Hinshaw & Culbertson LLP
100 Park Avenue
Rockford, IL 61101
Telephone: (815) 490-4920
Email: [email protected]
 Thank You
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