Brief of my defense case regarding apartment manager's county civil lawsuit
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This is a brief display of my defense case regarding my apartment manager's county civil lawsuit in July, 2015. It began as an outline of my discrimination complaint against the HUD representatives that handle my 'Section 8' housing assistance. I was sent a rent increase demand letter directly to me after the lease term had already begun. The housing program insists on at least a six-month leasing term. The letter had a different name other than the one on my lease agreement and the $120 increase would have priced me out of the unit - over my allotted limit with the voucher. The arbitrary increase was intimidating to me and I'm sure was meant to be and I reported as such to the HUD representatives. They sent me an 'Interim Reexamination' notice with an adjusted rent portion amount for me. It also included an offer to meet them for an informal hearing at their office which happens to share the same office space as the mental health center which where they were formally employed; and the proximty and the records they can hold against/over me negated any possible way I could get out of them a crucial admittance of impropriety on their part.
The following month I paid the former amount to show where I stood. In my interim the city held its *annual housing inspection of rental properties during which time the management actually had the boiler heat system shutdown for the benefit of the upper level units while my gardern-level unit (which location also is shaded on the south) wouldn't rise above 65 F°. (This was usual, but I never knew before I earnestly researched it that their actions violated C.R.S. 38-12-505d since the system was rendered into an unworking condition.) I distictly recall calling the HUD representative that usually does thier annual inspections that the heat was shut down and she replied that they couldn't get involved in disputes. I asked her she could resubmit thier report to the state that at the time it couldn't pass their usual inspection. I'm suspecting that was never done.
Documents
There is (circumstantial) evidence in a Facebook post to prove the manager committed perjury (a nieghbor's comments):
The plain text of the comments. (One person is anonymous.)
Scott H
April 28, 2014 - Westminster, CO
oh thank God - they broke down & turned my baseboard heat back on!
Like - Comment - Share
Duane Danford, Alisa McManaman Powell and 2 others like this.
Anon -
Who's "they"?
April 28, 2014 at 9:18pm
Scott H -
lol - my neighbor with the key to the boiler room
April 28, 2014 at 9:20pm
Anon -
Lil chilly there?
April 28, 2014 at 5:20pm
Scott H -
yep - 45° out now - this is my "heat transitional period" lol - my place tends to be cooler than everyone elses - more shaded - people upstairs run their AC and I'm running a space heater - haha
April 28, 2014 8:25pm
Scott H -
my baseboard heat is great though - in the dead of winter I can open my windows for fresh air
April 28, 2014 at 9:24pm
Brenda H -
great
April 28, 2014 at 9:44pm
Christy G -
It was freezing upstairs too. I can't imagine what it felt like downstairs!
Aprl 29, 2014 at 6:24am
Scott H -
Ive learned to be kinda prepared for it Christy - I never say nothing about it 'cause I don't want them thinkin' a wimpy white guy and all !
haha!
April 29, 2014 at 10:46pm
Christy G -
Ha! That's hillarious! I've been here going six years and it surprises me every time!
April 29, 2014 at 11:34pm
The plain text of the letter (with the mental health center's letterhead).
From what the booklet said in a "plain language" statement (image beneath) this isn't true.
COMMUNITY REACH CENTER
John Laratta, 7/7/2015
The rent increase you requested for Scott H -, effective 6-1-15,
was requested within the time frame allowed per Housing
Assistance Payment Contract guidelines of 60 days.
Jodi V -
HUD Clinician
The plain text of the page 77 from HUD Section 8 voucher orientation booklet.
(I inserted the text of the historical quote at the bottom of page.)
Step Six: The Lease and Housing Assistance Payments Contract
If the lease and unit are satisfactory, SHHP will enter into a contract with the landlord
and you will sign a lease agreement with the landlord.
The Lease - The lease is an agreement between the Tenant and Landlord. The length of
the lease term must be at least 6 months. The Tenancy Addendum (pages 63-68 of the
briefing packet) will be attached to the lease.
Please refer to the Tenancy Addendam included in your Briefing Packet with more deailed
informaton about the process of the HAP Contract and lease.
HAP Contract- The HAP Contract is an agreement between the landlord and Supportive
Housing and Homeless Programs. This contact is to be signed for the same term as the
lease.
---..: text of pasted-in small image of relevant section of HAP contract ..: -------
(4) The HAP contract terminates automatically 180 calendar days after the last housing assistance payment to the owner.
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----------- ..: text I inserted ..: ----------------------------
His Majesty the King requires that the Royal Chancellery
in all written documents endeavor to write in clear, plain
Swedish and not to use, as far as possible, foreign words.
~Karl XIT 17 June 1682 - 30 November 1718
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Page 65
Other Details
(All links open in new window)
*I have a video of the inspectors where I talked to them outside informing them that the heat was shut down at that time. The inspectors defended the management with an impromptu excuse.
I also have scans of the documents in a brief graphical display to help for my original discrimination complaint against the HUD representatives that I sent into the U.S. Dept of Housing & Urban Developement in May. The most relevant are also listed here:
*Here is a copy of the review request I've submitted.
In plain text format. Exact place/names removed. - (paragraphs may not line break in a web browser)
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