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NEWS > BUSINESS > TENANTS OUTRAGED AFTER PROPERTY MANAGEMENT COMPANY FORBIDES DEFECATING IN ELEVATORS
TENANTS OUTRAGED AFTER PROPERTY MANAGEMENT COMPANY FORBIDES DEFECATING IN ELEVATORS
November 15 2009
Irvine, CA - A new set of rules set down by a Santa Ana property management company has once again sparked the debate over the ability of landlords to control the actions of their tenants. Amongst standard rules such as throwing out trash in
the trash can and keeping down noise at night, the company has also prohibited defecating in the building’s elevators or anywhere else in the public view. Though the rule is relatively unique the Irvine area, it is bringing up serious concerns that landlords may be exerting too much control over their tenants.
Defecation is, of course, a natural process designed to evacuate undigested food and various toxins from the body. Every living organism uses some form of defecation in order to rid itself of unneeded waste by-product. In humans, like other mammals, such waste is described as feces. For the majority of animals such waste is dropped wherever is most convenient but in humans, as in other domesticated animals, social mores do not permit defecation in any other place but specialized facilities, namely toilets. It is that infringement on such a personal area that has critics up in arms both in the Santa Ana complex and beyond.
“Simply put we felt it was major health hazard to have people defecating in the elevators as well as other public areas. It is quite an overpowering stench and there is the serious risk of disease especially amongst younger tenants and children who are more prone to sticking their hands into their mouths without washing,” said a spokesperson for the property manager. “This new rule was set out at the request of a number of tenants, a number we felt represented the majority of opinions. Obviously the people that are defecating in the elevators will not support this new measure but we feel their disappointment is something worth risking.”
Of course, the defecators don’t feel the same way, many of whom have expressed outrage and protest against the new rules. Those protests have thus far taken the form of defecting in stairwells and in one case in the main lobby of the building.
“Simply put we cannot allow property managers, landlords, to decide on the personal lives and nature of their tenants. Now it is when and where they defecate but soon it will be whom they choose to date, how they choose to live their lives. Tenants pay a fee and included in that fee is a certain degree of privacy which this company is now seeking to infringe upon,” said privacy advocate Cheryl Walter. “Let’s be clear here, these people are not defecating in front of other people and they cannot be held responsible for the actions people take after they have used the facilities. The aroma is also not of their doing and they cannot be held accountable to the various olfactory responses of individual tenants. This is an infringement on their rights and rights of all Americans.”
Similar directives were upheld in a court in Cleveland late last year though the company was stripped of its ability to enforce the rules, resulting in increased defecation throughout the offending facility.
“There’s a very good chance that this company is going to run into some serious legal issues if they try and enforce these new rules. Because things like keeping down the noise are standard there is a great deal of legal precedent that allows enforcement but this is relatively new and could be controversial,” said Scrape TV Legal analyst Gabe Hawthorne. “Of course the land lord also has rights and the real question will be whether or not the court decides that toilet habits are under the purview of law, and which side falls in the best interest of the public.”
Reports of increased elevator defecation have been flooding in from across California and in neighbouring Oregon, though in that state such behaviour is largely expected.
William Ashford, Business Correspondent
NEWS > BUSINESS > TENANTS OUTRAGED AFTER PROPERTY MANAGEMENT COMPANY FORBIDES DEFECATING IN ELEVATORS
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