Denver homeless hotel upholds right to ‘quiet enjoyment’

Management at Fusion Studios, the Colorado Coalition for the Homeless community where I live, is making the rules very clear.

I have written at length about the chaos at Fusion, from noise to violence. Management has been taking steps in recent weeks to improve living conditions at Fusion, and I am incredibly grateful.

What it really comes down to are enforcing simple rules. Some people who live here haven’t lived inside for a long time. They’ve become used to being surrounded by litter, for example, and don’t take out their garbage.

As a result, Fusion has faced an infestation of roaches, bed bugs, and mice. The roaches are now gone. The bed bugs are isolated to certain rooms which are being treated. The mice are still around, as they reproduce faster than people can trap entire populations of them. However, the situation is not as bad. I don’t hear them frolicking in my room at night anymore. And for the record, my room is always clean minus candy I occasionally drop on the floor. And yes, the candy may be attracting the mice. So, I am mindful to vacuum up every crumb.

But the biggest problem at Fusion is the noise. People bang on the walls day and night. Others use power drills at 3 a.m. or make a ruckus that sounds like they’re making jewelry. Many blast their stereos at all hours.

I have been told that I may be on the autism spectrum or suffered a brain injury due to my extreme sensitivity to noise. Doctors have raised these theories. I did suffer a head injury in a car accident once, but there was no evidence of a brain injury.

Management put fliers on our doors last week outlining what is acceptable tenant behavior and what isn’t. I was delighted to see “quiet enjoyment” listed as a right. “Resident shall not create any noise or behave in a loud or obnoxious manner, interfere with, disturb, or threaten the rights, comfort, health, safety, convenience, quiet enjoyment, and use of the community by owner or owner’s agents or their employees.”

No criminal activity

The flier also warns about “criminal activity,” defining it as “any crime regardless of felony or misdemeanor classification, conviction, or penalty and includes but is not limited to any criminal activity that has as one of its elements the use, attempted use or threatened use o physical force, against the person or property of another; any racial, hate or discrimination related crime; any sex related crime; the manufacture, sale, distribution, use or possession of a controlled substance or any other illegal drug, as defined by federal law, or defined by any other law, regardless of amount; or the possession of any illegal drug paraphrenia.”

That’s pretty clear. No drugs.

While it may be unrealistic to think drug use in the building will stop, these regulations are common sense requirements that one would hope would result in people being more discreet about their use. That would result in a better living environment for everyone. Discarded fentanyl foil in elevators and stairwells is a haunting reminder of what can go on in these places.

Drug use, noise recurring events

If tenants are allowed to bully others, disrespect their space in some way and generally act out, it creates an unsafe situation, especially when they are refusing substance abuse and/or mental health treatment. Most residents I’ve talked to are glad management is getting a little stricter with the rules. The noise has been unnerving for many tenants, as well as the rampant drug use. Some residents have asked whether they will be punished if caught smoking marijuana. I guess to be safe they should just blow the smoke out the window.

But don’t throw garbage out the window. That’s a no-no spelled out in the rules that were distributed. Don’t leave it in the stairwell, either, for the custodians to dispose of. They are not your parents, management warned. Rummaging through garbage containers at Fusion also is prohibited.

Tenants must be prepared for and allow admittance for unit inspections. Those failing for sanitation or other reasons are given 10 days to comply. There is also a tenant conference. Those living in “hazardous conditions” will receive a memo to comply and supportive services will intervene. Repeated violations can result in a notice to quit or a mutual lease recission.

Pre-meditated assault results in eviction

What will get a tenant thrown out immediately? “Egregious, pre-meditated act posing safety risk to individual or community including act of physical assault resulting in bodily injury.” When I was assaulted July 2, my assailant was never allowed to return. He beat me with a lead pipe as I was waiting for the elevator. He remains in jail and possibly faces prison time. I wish the whole thing had never happened. It showed me that you are never completely safe.

I am grateful to the property manager at Fusion for finally making some headway with enforcing the rules. We all deserve to live in a peaceful environment, even when creating that environment is difficult.