Raleigh woman says she faces eviction for reporting assault incident to police

Wake County News

RALEIGH, N.C. (WNCN) – A Raleigh woman, her disabled husband and 12-year-old son fear they are facing imminent eviction from their apartment because she called 911 to report an assault.

Angela Brown says she walked out of her apartment on April 3 to deal with what she says was the bullying of her 12-year-old son in the Aurum Falls River apartment complex in Raleigh.

“I started walking to tell the kids just leave my son alone and he’ll leave you guys alone,” she said.

Instead, it resulted in a chaotic confrontation between her and another woman, a good portion of which she recorded on her smartphone.

“She didn’t even try and talk to me,” said Brown.

She says the woman just came charging towards her.

“I didn’t say one word to her. I didn’t hit her or even touch her,” said Brown.

As the confrontation escalated, Brown called the police.

That encounter with Raleigh police generated an incident report which shows officers took no action.

“No charges were pressed,” said Brown.

Even so, Brown reported the incident to the management firm of the complex where they’ve lived for the last 14 years.

The management firm responded on April 17 with an eviction notice claiming she engaged in “criminal activity” and that she had to be out by April 30.

“It doesn’t state what criminal activity I was supposedly involved in,” said Brown. “It just says…criminal activity occurred on the premises.”

Her lawyer says the eviction notice is nonsense.

“What they’re suggesting is criminal activity is her being a victim in an assault,” said attorney Justin Osborn.

Brown says given management’s attitude towards her family in response to the incident, she wants to move out of the complex but needs additional time to find the right place.

“I’m my husband’s full-time caregiver,” explained Brown. “I feed him. He has no use of his legs. I get him out of bed. I do everything.”

She says the April 30 eviction deadline is impossible because her wheelchair-bound husband suffers from MS and they just can’t pick up and move on a moment’s notice without finding a place that can accommodate his needs.

“We think we can stave off eviction until they can find reasonable accommodations elsewhere—a place that not only suits their needs but also deals with accessibility issue her husband has given his debilitating issues,” said Osborn.

Brown’s lawyer also says the complex’s management is violating the state’s Fair Housing Act and the Americans with Disability Act with their immediate eviction demand.

The complex’s attorney, Charles Gibson, released the following statement to CBS 17 after the original story aired on April 29. 

Mrs. Brown is not currently under eviction, nor has she been served an eviction notice. Following the alleged physical altercation and subsequent lease violation, the management company elected to serve her with a notice to vacate. Both tenants involved in the incident were cited on the premises for Simple Assault, which is a lease violation; however, instead of filing an eviction, both parties involved in the altercation were given the opportunity to vacate the apartment on their own accord.  Further, the management company offered to release them from their lease obligation without penalty.   
 
Our client is committed to complying with all required ADA and Fair Housing standards and to providing a positive living experience for all of its residents.  As was communicated with Mrs. Brown, we are more than willing to work with her and her family to provide an extension on her vacate date; however, we have not received a request for an extension from Ms. Brown or her attorney. Should Mrs. Brown request an accommodation, we will work with her to resolve this matter amicably.  

In the meantime, the Brown’s have started a GofundMe page to cover the expenses generated by their anticipated moving expenses and legal defense.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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