Action against wrongful accusation of housing association?
Questioner
My partner and I have been renting social housing in Breda for 30 years. We recently asked the housing association to take action against a security camera of a fellow tenant that was aimed at the communal fire escape and the back exit of our garden. After some time we were called by the neighbourhood manager who, in short, did not want to do anything and referred us to neighbourhood mediation, the website of the housing association and that of the Dutch Data Protection Authority. He did not think it was necessary to go and see what the situation looked like himself. The neighbour in question with the security camera has caused a lot of nuisance in the past and has expressed himself violently towards us and others in the neighbourhood. He has served a three-year prison sentence for a violent crime. I say this to indicate that we do not want to and cannot have any contact with him in any way. We were under the impression that this was a matter for the housing association. We also very emphatically brought this up to the attention of the neighbourhood manager. Imagine our surprise when we were summoned a few weeks later to report to the office of the housing association for a 'discussion' where my partner was told that she or another person had expressed aggression towards the neighbourhood manager. She was not given any further explanation, was not allowed to say or ask anything and was forced to sign an acknowledgement of guilt, otherwise the housing association would no longer provide any services in the future. We responded to this in writing and stated that no untoward words were spoken in the conversation with the neighbourhood manager and that no aggression was expressed. (In retrospect, we wondered whether the neighbourhood manager did not want or dare to confront the neighbour behind her). In the meantime, we have written a letter in which we point out the unjustified accusation of the neighbourhood manager and the housing association and request rectification and rehabilitation. Following this letter, a conversation was held with the Neighbourhood Team Leader and neighbourhood coordinator. They continue to insist that we must first sign before their services are resumed. That is simply how it is formulated in their policy. We are very indignant and dismayed about this. Apart from the fact that we feel forced to make a false statement, we wonder whether these kinds of practices are legally acceptable. Our justified complaint about the camera is becoming an accusation against us. I hope you can advise us and answer some questions: 1. To what extent can the housing corporation terminate its services on the grounds mentioned? What steps can we take? (We ourselves are thinking of: Rent Assessment Committee, Dutch Data Protection Authority, reporting to the police for libel and slander, and the residents' committee). 2. Is there perhaps an umbrella complaints committee for housing associations where we can submit our complaint? 3. What are the consequences if the services provided by a Housing Association are discontinued? PS: If you need any further information, please let me know.Lawyer
It sounds like you are dealing with a complex situation and I understand that this can be very stressful. I will attempt to answer your questions based on the information you have provided. However, please remember that this is general information and it is always advisable to seek advice from a legal professional to assess your specific situation and rights. 1. Terminating services by a housing association is a serious matter. It cannot be taken lightly and must always be based on reasonable and verifiable grounds. It is important to object to the requirement to sign an acknowledgement of debt in which you admit guilt on points that you do not acknowledge. You do indeed have a number of options that you can consider, such as approaching the Rent Assessment Committee. They may be able to mediate or advise. The Dutch Data Protection Authority can help you with regard to the security camera. Filing a report of libel and slander can also be an option, but it can be a more difficult process. 2. There is a national disputes committee for Housing Corporations, the Housing Disputes Committee. This committee handles individual complaints from tenants about the services provided by their landlord. 3. The termination of the services provided by a Housing Association means that you may no longer be able to rely on their services in the event of problems with your home or something in the management of the association, such as repairs and maintenance, or matters relating to safety and nuisance. It largely depends on what is specified in your lease or the policy documents of the association. I hope this helps to get you started in some way. However, please consider seeking further legal advice as this is a complex issue and the specific outcome may depend on a number of factors that make each situation unique. It is also always advisable to lodge a complaint with the housing association itself as there may be procedures that need to be followed before other options can be considered. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimerNeem de volgende stap
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