FPI MANGEMENT Los Angeles California

Re: Discrimination disability retaliation failure to comply with retaliation I filed a complaint with you yesterday they tower my car today. 

Threats by security (strong arm) denial of service cut of service dangerous common areas denial of service dog, denial use of wheel chair wheelchair ramp a decade long abuse’ 

While there many many many violations laws codes and ordinance violated and broken by you I do believe that the vast majority if them, if not in fact all of them fall squarely under the 

 ADA COMPLAINT Title III Complaint |
under title III of the ADA, which prohibits discrimination based on disability by businesses and non-profit agencies.

 I have sent this 158 page document, plus pictures and letter emails faxes, canceled checks, money orders, certified letters etc, literally totally over the tens of thousands in nature.

US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section – 1425 NYA
Washington, D.C. 20530
Fax: (202) 307-1197
Have also filed complaint by E-mail at ADA.complaint@usdoj.gov.

ADA Information Line: 800-514-0301 (voice) or 800-514-0383 (TTY)

https://www.ada.gov/filing_complaint.htm

 

As I have informed you also have filed several complaints with HUD. Including one on

 

My 6-7-2021 complaint to HUD & The Us Attorney general Title 3 complaint

 

Which triggered *7- 10-2021 retaliatory notice to me. Despite it having the deceitful and misrepresented date of 7- 9-2021, and was designed to be a from of harassment & retaliation)

 

*(Which should be noted by your erroneously dated, *7-10-2021, and served in violation of the law)

 

7-13-2021 I sent an e-mail informing you (sum and substance) of your ADA violations, and your abuse and extremely negligent behavior causing me to be in continued & increasing danger by you and from you, further you decades long failure to comply with reasonable accommodations (amending my 6-7-2021 complaints to Attorney general & HUD)

 

On 7-14-2021 you responded without concern succeeding to extend and to continue your abusive behavior and through omission declining to address any of the ADA violation and reasonable accommodations, Simply you were violating the ADA, Federal laws, et,

 

(Your use of seizure trigger lights, rampant smoking by tenants & employees effecting my rights under ADA, dangerous repair concerns, dangerous common areas, dangerous repairs incomplete repairs, defect repairs within my unit, failure to comply with reasonable accommodations, use of wheelchair & ramp)

 

On 7-17-2021 I did remind you that I filed a complaint with HUD and that we requested that they join us in our complaint to the Us Attorney general.

 

This 7-17-2021 communication (via e-mail) which led you to act of retaliation motivated by a deep and profound anger and violence and to wrongfully have my car towed away on or about 7-18-2010 in an act of vicious and cruel retaliation.

 

(There was truck with a security emblem that was involved, as we thought it was an emergency we accommodated the vehicle)

 

Yours and the “towing” compass report had several glaring “errors” including where my car was located and where it was towed from I also took note, that there were other cars clearly illegal parked that were not towed.

 

It should also be noted that your office has informed me to be my own police man as there exist no external mechanisms to indicate and inform on illegal parked vehicles yet you were able to retaliate against my car and have me towed the day after you found out I had filed a complaint with HUD and The US ATTORNEY GENERALS OFFICE;

 

(Including use of my wheelchair wheelchair ramp dangerous common areas and IRONICALLY PARKING and MANY MANY MANY other issues violations etc. Not a coincidence)

 

 

I have received your message loud and clear not to mess with you otherwise you will have my car towed away despite having reserved parking and a handicap placard. I get the message that you have employed a vehicle with security emblem to impounded my parking. I am also aware that you are willing to relocate my car and or falsify towing records to have my car impounded so that I might end my pursing of legal rights and remedies under the ADA and you will pull out all stops in preventing me from doing so.

 

I will digress and move forward:

 

My complaints are not listed in priority order- and nothing should be inferred from this notices manner of organization and order-

 

It should However, be noted that despite my best efforts, good faith efforts, I will fall short of covering every issues in scope and magnitude as well as compellingly describing all the reinvent issues. . The reality is, despite outward appearances I feel very ill.

 

Which you apparently feel very privileged in exploiting and taking full advantage if, your way si they way of spite and retaliation.

 

Please also take notice, in an attempt to be perfectly clear: is difficult to write as this process is both physically painful for me to do so, and I do so, because once again you have forced my back against the wall. In other words I feel like I have no choice;

 

To be more specific I AM WRITING THIS NOTICE TO YOU WHILE attempting TO MANGE MY SEIZURES, (which as I have informed you, that you have negligently and irresponsible and significantly contributed to and/or caused through your rampant and negligently continued cruelty-through i.e. Your lack of lighting, poorly functioning, inconsistent strobe lighting and permitting wanton use of flashing disco lights by those holding parties in my vicinity)

 

I further I am forced to contend with MY SERIOUS VERTIGO AND PREPUTIAL RINGING OF BOTH OF MY EARS and these unusual discombobulating as well as disorienting headaches, (Not a complete description) etc, (much of WHICH i DID NOT HAVE PRIOR TO you to my fall in your bathroom where you failed to properly keep and maintain--poor flooring, unrepaired leaks--

 

I will also note that in the creation of this notice I am ill and on medication, as a matter of fact I may also have Covid and my breathing disabilities are much worse now. Covid or no Covid..

 

Still I submit this notice to you (and other authorities & institutions) within this spirit of good faith, as my ONLY other realistic option is to not write it at all and that is of course unacceptable and would not be recognized as a valid reason nor relief under the law-- .

 

Instead you will have to contend with the situation you worked hard and long to create.

 

It is accurate to state that You have further contributed to and excelled my deterioration and causation of my condition, and to its degree of seriousness, you have caused and contributed to repeatedly injuring me on your premises.

 

I hope that your rampant and pervasive abuse of me, in-it-of-itself, makes you all proud, because it was clearly a decade long team effort of discrimination & retaliation, assault, battery and mistreatment)

 

Before I go further I know I am not telling you anything that you are not aware of but I am repeating myself (yearly at least) due to these documents going to HUD as Well as The Attorney general for ADA and other violations, criminal (Fire Department, OSHA, CALOSHA) and otherwise. you have failed to meet your obligations to maintain a safe working environment for your employees as well as your tenants, guests, contractors and visitors--

 

As you have been impossible and unreasonable in understating my disabilities I have been forced to continually and repeatedly attempt tpo provide you with an education, but you can not teach folks that simply do not care--

 

You have, by using several means violated my HIPPA and privacy rights-- (I believe you forced me to reveal information I did not have to in order to even attempt to secure my rights under the ADA etc, I have several documents dating at least back to 2012, Yet your lawyer (s) act/acted like an ignorant uneducated moron that knew nothing, AKA the Sargent Schultz Strategy. Which I would argue is discrimination in it of itself--and deliberately made false statements as an officer of the court and indeed committed perjury And as such seized being legal representatives and became co- conspirators. I am forwarding a copy of my complaint to the bar association. As you help assisted or create, directed or lit the path way for your clients to deny me of my ADA and possibly my civil rights)

 

Further, in the many places expressed within this notice, next to such terms as ‘code’, ‘ordinance,’ and ‘criminal violations,’ I have made some notes in some areas, therefore the absences of such ‘notes’ or any commentary means nothing as it impossible for me to list and/or respond to every problem you have created. And nothing is inferred or implied by the absences of such ‘notes’ and/or ‘information’ )

 

Also I have tried to use terms that you are most comfortable with as there is a gap of feigned mis understanding (I.E. Marcello and others asking for a letter for a what they designated as ‘comfort dog’ when I told them expressly I needed a ‘service dog’, when I said ‘service dog’ they keep correcting me telling me “You mean comfort dog right?” Adding “we need a letter from your doctor saying he approves a comfort dog.”

 

Not wanting to have just one more argument I provided what they requested now realizing that this also was subterfuge and designed to bamboozle me. (wow you guys are freaking devious. Always playing word games NOT out of your PRETEND ignorance and “not knowing” but very much from a position of EDUCATING and KNOWING)

 

(though I have Drs letters applying such terms)

 

You should also be advised: that--

 

I have contacted ALL of the various enforcement agencies and requested that they investigate-my legitimate concerns- this includes, but is not limited to, NEW Complaint filed with HUD (6-7-2021, i Have included this document/notice, and more will surly follow.

 

FURTHER, I have FILED WITH the US Attorney General as they may file an action to discover if their office has reasonable cause to believe that there is a pattern or practice of discrimination that violates the ADA. I have requested that HUD join me in this solicitation of the US ATTORNEY GENERAL,

 

Additionally, Allow this to serve notice that Actions filed by the US Attorney General can result in significant fines. To clarify; the US Attorney General may file an action if it has reasonable cause to believe that there is a pattern or practice of discrimination that violates the ADA. I am alos filing against your attorneys and others as being part and parcel to your charade-- as well as with the Bar Association;

 

I will however mildly digress: as some (SOME) of the more serious issue of concerns are as follows-

 

Smoking laws, assault (injury from smoking ADA) , harassment, retaliation, to endure pain agony and suffering it is you have inflicted upon me is beyond too much--

 

no cold water, (can not appriately shower in summer in particualr) dirty smelly water,

 

poor lighting, seizure triggering ligthing (and/or inconsistent, unreliable)

 

I will also note that in the creation of this notice I am ill and on medication, as a matter of fact I may also have Covid..

 

ISSUES OF UNSAFE DOGS-

 

DOGS ARE OFF LEASES AND HAVE CHASED ME AND NEIGHBORS-

 

I am in danger--period--

 

THEY HAVE ATTACKED AND KILLED CATS AND OTHER ANIMALS

 

Proving there are dangerous animals running loose here: and you have been negligent.

 

SMOKE PERSISTENT- (Ada reasonable accommodation et al)

 

-US DOJ OFFICE OF

THE ASSISTANT ATTORNEY GENERAL

DISABILITY RIGHTS SECTION CIVIL RIGHTS DIVISION

PO BOX 66738

Washington DC 20035-6738

202-514-3847

 

 

ADA VIOLATIONS,

(as a true and accurate example: Chapter 6: Curb Ramps and Pedestrian Crossings Under ... - ADA

https://www.ada.gov/

1 28 C.F.R. Part 36, Appendix A, § 3.4. Some people refer to curb ramps as "curb cuts" because most curb ramps cut through the curb. Chapter 6: Curb Ramps and Pedestrian Crossings ... with greater slopes are allowed for pre-ADA curb ramps in the two following instances where space limitations prohibit the use of a slope of 8.33 percent

 

I am effectively trapped on your property, I should not have to place myself in danger of serious arm or death to navigate your property-

 

Commercial County of Los Angeles Department of Public ...

adpw.org/BSD/lib/fp/Building/Title 24 Disabled Access/2011 Code Version/2011 Accessibility - Commercial Plan Review_ADA.pdf

 

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION COMMERCIAL ... and Fair Housing Act (HUD). Where the ADA & HUD requirements exceed those contained in Title 24, Part 2, it is the owners responsibility and consultants to ensure compliance with the most current ADA ... including curb cuts or ramps as needed. (1129B.3 ...

 

ADA Accessibility Survey Instructions: Curb Ramps

https://www.ada.gov/pcatoolkit/app1curbramps.pdf

 

ADA Accessibility Survey Instructions Curb Ramps Page 3 of 6 7 [§ 4.7.8] Curb ramps must be located where they will not be obstructed by parked vehicles. If the curb ramp you are surveying is along a public right-of-way or at a pedestrian crossing, vehicles should be prohibited from parking directly in front of the curb ramp on the street.

Disabled Parking Requirements - Kimball Tirey & St. John LLP

https://www.kts-law.com/disabled-parking-requirements/

There must be curb cuts, ramps, wide doorways, lever door handles, etc. on the routes that a disabled person might take in order to contact a representative of the owner of the property. Under California law, properties with 16 or more residential rental units must have a representative of the owner on-site.

 

Disabled Parking Requirements

Lynn N. Dover, Esq.

 

Revised December 2015

 

PUBLIC PARKING

The federal law called the Americans with Disabilities Act (ADA) requires that any area to which a member of the public is invited, must be “accessible” to disabled persons. There must be curb cuts, ramps, wide doorways, lever door handles, etc. on the routes that a disabled person might take in order to contact a representative of the owner of the property.

 

Under California law, properties with 16 or more residential rental units must have a representative of the owner on-site. If that representative interacts with the public, for instance conducting tours and taking applications from prospective residents, the office (or the portion of the representative’s unit which is used to conduct business) must comply with the ADA. In addition, if a property allows public use of amenities (such as allowing members of the general public who are not residents or guests of residents to rent the clubhouse for activities), the ADA would require those areas to be accessible as well.

 

But what about parking? If there is no parking on the property…or all parking is reserved for residents, then there is no “public” parking and the ADA does not apply to parking on that property. If there is prospective resident or guest parking on-site, the ADA applies and there must be a blue-striped space with the blue wheelchair sign designated for the use of persons with disability placards or license plates. The ADA requires at least one designated disabled space for every twenty-five parking spaces. The ADA focuses only on public parking, so the rule can be interpreted to mean that there must be one designated disabled space for every twenty-five public spaces.  There are few rental communities which have twenty-five or more spaces for public parking. Therefore, the requirements of the ADA should be able to be met on properties which have public parking by establishing at least one designated disabled parking space in each area in which the public is allowed to park. The first designated space must be a van-accessible space. In parking lots with numerous disabled spaces, one out of eight such designated spaces must be van-accessible.

 

Take note that all public places must be made accessible to the extent that it is readily achievable and technically feasible. It is a common misconception that older properties are “grandfathered in” and do not have to comply with ADA guidelines. Many landlords have been sued for failure to comply with the ADA in recent years and have found out the hard way that their properties were not exempt. When considering changes to an older property to make it ADA compliant, a Certified Access Specialist (CaSP) should be consulted.

 

I SEE NO EVIDENCE THAT THIS WAS DONE and if it was done it was done negligently and in error of the law. (but you are the exact people that blocks my walkway literally when I use my cane wheelchair or simple if I exist. You have no respect for the disabled)

 

I am hereby requesting your records in this matter as I do not believe my rights under the ADA have been complied with despite my reasonable, appropriate and lawful requests PRIOR to construction and/or modifications being made--

 

Federal Fair Housing Act, 24 CFR 100.205

This is the law that mandates certain accessibility features for all new residential construction that was built for first occupancy on or after March 13, 1991. With respect to the parking requirements, at least 2% must be made accessible, and be located on an accessible route. Accessible means there are no barriers; in other words, it must be constructed in such a manner that a disabled person could access and use it.  If the development contains different types of parking, such as surface parking, garage or covered spaces, there must be accessible spaces located in each type of parking.  These requirements are distinguishable from the ADA, in that they do not require actual “disabled” (blue striped, and signed) spaces.

 

CALIFORNIA CODE OF REGULATIONS

Title 24 of the California Code of Regulations (CCR) serves as the basis for design and construction of buildings in California and includes accessibility requirements for residential rental property. Unlike the fair housing act, the CCR requires blue, disabled spaces to be located in the private (“resident only”) parking areas of the property. The CCR indicates that disabled spaces located in the “resident only” parking areas can be assigned to specific residents. The code further indicates that all disabled spaces must be painted blue and have the universal disabled (wheelchair) symbol, and that unassigned or guest spaces must also have the disabled parking signage – assigned disabled spaces do not require signage.

 

LOCAL BUILDING CODES

Local government codes may require a greater or lesser number of accessible spaces than what is required by federal or state law. If this is so, the laws which provide the greatest benefit to disabled persons should be followed.

 

CALIFORNIA VEHICLE CODE

The California Department of Motor Vehicles website seems to indicate that anyone with a disabled placard or license plate may park in any designated disabled space. It does not appear to make a distinction between public and private property or between reserved and unreserved spaces. This creates a potential problem for landlords who may assign a disabled space in their “resident-only” parking areas to a particular resident who has disabilities and then discover that another resident who has a valid disabled placard or license plate is parking in that “reserved” space.

 

The “violating” resident may argue that the disabled placard or license plate gives him/her the right to park in any disabled parking space.

 

Complicating matters, landlords may find that their towing companies are unwilling to tow a person with a valid disabled placard or license plate out of such a space, notwithstanding the fact that it is reserved for use by another resident who has disabilities. 

 

 

When assigning a disabled parking space to a resident with disabilities, landlords would be well advised to advise the resident of this possibility (preferably in writing). 

 

If it becomes a problem, work with one or both residents to see if there is a reasonable accommodation (as described below) that would address the problem.

 

NONE of these items were attempted nor performed-- nor complied with--and having taken such a negligent step has left you once again, in non compliance, with the ADA.

 

DISABILITY ACCOMMODATIONS FOR RESIDENTS

Federal and California fair housing laws require that landlords make “reasonable

accommodations” (exceptions to the rules, policies, procedures and services of the community) for residents with disabilities.  The reservation of a space that is close to the resident’s unit is generally considered to be reasonable.  The expense and effort of the reservation of the space is often minimal and usually borne by the landlord.

 

(Which only took my suffering, being psychically and psychologically damaged, for 10 years for you to finally (forced to-as you never ever do anything willingly) comply with MY ADA and other rights But as Marcello and Mario have said this is what ‘Mr. Sucks’ deserves--

 

He and you have enjoyed and thrived on this decade long denial and revenge that was done as retaliation, punishment and as mechanism to get me to vacate my unit. Further you malfeasance was applied as a form of constructive eviction, because that is the the history of Wyvernwood revenge against those that exercise their legal rights-- those that you deem as “uppity” or wheelchair bound folks who as Mario (Marcello) has stated is also ”--your throne-“

 

This was all done, many times expertly and cleverly I might add,, in order to fulfill your long term strategy and/or accomplishment of punishing those that you believe are ’-against you.’

 

The long term gradual and incremental damage and injuries committed against me have been permanently damaging and in its own way further incapacitating me.

 

But I digress:

 

If the property has no reserved parking spaces, a space would be reserved pursuant to the resident’s request, as an exception to the rules. Note that if other residents ask why someone was given a reserved space, the confidentiality of the person with the disability must be maintained. An owner or manager should just indicate that although the reason for the reservation cannot be disclosed, the action was taken in compliance with the law. If the party questioning the action files a discrimination complaint, the documentation regarding the accommodation should support the reasonableness of the landlord’s position.

 

 

If the person needs a wider space or a van-accessible space, you may need to assign the person two side-by-side spaces and have them striped like a van-accessible space, but using white paint instead of blue and without the wheelchair symbol or disabled parking signage. A sign should be installed indicating: “Reserved – Violators Will Be Towed.” As long as your parking lot has the other required signage prohibiting public parking and stating that unauthorized vehicles will be towed, you should be able to have a violator towed out of the resident’s reserved parking space.

 

When a request for accommodation is considered to be unreasonable or impossible, the landlord should attempt to negotiate an alternative accommodation. (I have never been told this so feel free to make it up now like you always do)

 

In the case of parking, if the resident can wait and is willing to do so, he or she can be put on the waiting list for parking (ahead of any non-disability-related parking request). (Further I am requesting, without revealing any personal private information everything related to any disability related ‘waiting list”)

 

If he or she cannot wait for the next available space which would suit his or her needs, the resident should be offered an opportunity to terminate the tenancy without penalty.

 

(EMPHASIS MINE-I was NOT offered this. I was ofgfered however various puntive actiosn By Mario marcell Supported By Roise Casa of Fpi Management))

 

There is much more but I will move on for the attempted purposes of being efficient:

 

It took 10 years of perpetual retaliation before I got 1 parking spot.

 

It took 10 years to make ANY accommodations to my apartment (much is still not done)

 

having to fight through a series of constructive evictions performed by you, including, but limited to shutting off utilities, changing the utilities from my name, performing a lockout, denial of services, denial of access, denial of safe use of common areas, denied use of wheelchair, denied use of wheelchair ramp) (for beyond weeks ONLY had access to my apartment by entering through a window, etc, etc. I have a series of documents to prove all of these facts)

 

I have constantly tried to walk the razors edge of obtaining my rights and not angering you too much so I would be forced to suffer too much by your retaliation or the physical threats of your armed and bull proof vested Para-Military forces. Who have have additionally made such rude discriminatory comments as “do you want your Mommy?” And stealing my cane.

 

For brevity I will move on;

 

I have suffered at your hands:

 

HATE CRIMES,

 

DISCRIMINATION,

 

CONSTRICTIVE EVICTIONS

 

 

(And retalition) for breach of contract and covenant of quite enjoyment, wrongful or constructive eviction, and intentional infliction of emotional distress.

 

If you and your lawyers do not know what that is (as you and they have consistently showed you either do not know much or frankly do not care about the law, or disabilities or disabled people)

 

For your edification:

 

Breach of Contract and Covenant of Quiet Enjoyment: Implied in every residential lease is a covenant of quiet enjoyment, guaranteeing that tenants will be able to peacefully enjoy their homes. Cal. Civ. Code § 1927. Where a landlord has substantially interfered with a tenant’s peaceful enjoyment of a unit, the tenant can sue for back rent. Through use of expert appraisers, the court will determine if, and by how much, the rental value of the property declined due to the harassment.

 

(Speaking of back rent I am well entitled to that for MANY reason including but not limited to forced removal of garbage disposal, that was used as an enticement to get me to sign the lease, many repairs dragging for months sometimes nearly a year including but not limited to no kitchen sink, no bathroom sink, no bathroom window, no kitchen window, no or limited hallway lights, negligently maintained carpeting, negligently maintained floors, no safe heating, no safe stove (multiple red tags for both 5 plus) and now I have no stove period. The cooking Stove, heating, garbage disposal for 10 years plus etc, etc, etc. All of which has caused me pain and suffering and further compounded injury to my disabilities all further exacerbated by bring armed intimidating, abusive, threatening, security with you when you finally did show up to instituted your terrible repairs)

 

I am hereby demanding fair and reasonable, comprehensive and complete, back rent reimbursement from you--

 

 

 In Guntert v. City of Stockton, 55 Cal. App. 3d 131 (1976), for example, the court awarded a tenant back rent where the landlord gave several arbitrary eviction notices. Where a tenant is under constant threat of eviction, receives unlawful eviction notices, is verbally or physically threatened by a landlord, and is not benefiting from timely and proper repairs, the tenant can file a breach of contract claim against the landlord. Id. at 139.

 

Constructive Eviction: If a tenant is forced out of a rent-controlled home because of landlord harassment, the tenant can sue for the cost to replace the rent-controlled home. At least one court has allowed a tenant to recover twenty years worth of increased rent. Where a landlord is motivated by a desire to get a rent-controlled tenant out from under rent control, this rent differential may be trebled (i.e. tripled).

 

Intentional Infliction of Emotional Distress: In cases of particularly outrageous conduct, a tenant may sue a landlord in tort for intentional infliction of emotional distress. The elements of the tort of intentional infliction of emotional distress are “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.” Molko v. Holy Spirit Assn., 46 Cal. 3d 1092, 1120 (1988) (emphasis added), quoting Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, 593 (1979). Where a tenant can prove that harassment is intentional or has a reckless disregard, the landlord will be required to pay actual and punitive damages.

In the San Francisco case Richardson v. Pridmore, 217 P.2d 113, a tenant suffered a miscarriage as a result of being intentionally and wrongfully evicted. The landlord in that case broke into the tenants’ apartment while they were gone for a few days, put all their stuff in a basement, and changed their locks before giving the place to new tenants. The jury awarded plaintiffs a sum of $7,250 ($63,910 in 2009 dollars) as compensation.

 

In Aweeka v. Bonds, 20 Cal. App. 3d 278 (1971), a landlord raised the rent on tenants in retaliation for a repair and deduct against tenants who used rent to repair. The court noted that no physical injury need be present to award damages for emotional distress.
In Spinks v. Equity Residential Briarwood Apartments, 171 Cal. App. 4th 1004 (2009), the court determined that an unlawful eviction may be outrageous despite the “polite and sympathetic” attitudes of a landlord’s agents.

 

A tenant’s particular vulnerability at the time of the eviction, in this case a recent reconstructive surgery of the arm, can make an unlawful eviction outrageous conduct on the part of the landlord.

 

(Now consider ALL the complexities of my situation)

 

ASSAULT & BATTERY,

 

FIRE DANGERS, (you are hereby noticed that if their is a injuries or damaging fire you did not take reasonable & foreseeible steps to mitigate it)

 

i.e. fault wiring, burnt, smoking, electrical sockets,super slow leaks, stress, abuse, criminal threats, hate crimes, smoking as it pertains to the ADA et al, 7 OSHA & CAL OSHA, Workmen’s compensation,

 

(I have already notified the proper agencies regarding these very serious issues)

 

Further there are present: DETERIORATING & faulty REPAIRS,

 

DANGEROUS COMMON AREAS, (NO ACCESS, NO FAIR ACCESS, NO USE)

 

 

CONTINUED FAILURE TO COMPLY WITH ADA, ALL OF WHICH IS LIFE/HEALTH THREATENING,

 

Breech of contract,

 

interference & violation & breeches of my Quiet enjoyment,

 

Warranty of habitability,

 

Fraud,

 

COLLUSION,

 

CONSPIRACY,

 

CRIMINAL THREATS,

 

HARASSMENT, The law states; (sum & substance that) Your landlord cannot physically or verbally harass or threaten you in your home to force you to move out under California state law and most local ordinances. Legally, harassment is defined as occurring when a landlord uses aggressive methods, coercion, fraud, or intimidation to get the tenant to move, disrupting the tenant’s right to the quiet enjoyment of their rental property. There are some common examples of harassing conduct that landlords use to try and force tenants out of their homes which are unlawful:

 

• A landlord cannot lock you out;
•  
• (you have, more than once which “coincidentally” co ensigned with theft from my apartment and utilities being switched in your LLC name, interesting. Fascinatingly I have an e-mail from you stating that you witness a break in- ”--seeing someone run from your apartment--” and crime to my property but failed 1) to alert your own security or 2) to contact the police and you went on to state that you KNOW who this person is--a contractor? an employee?)
•  
• A landlord cannot remove your belongings;
•  
• (you have over Christmas and other times, bikes books etc. I have a complete list. The retail value, as a rough estimate, is perhaps $5.50. The bikes are significantly more and were taken as retaliation)
•  
•  
•  
• A landlord cannot shut off your utilities;
•  
• (you have Gas,water, electricity, and other utilities)
•  
• A landlord cannot forcibly enter your home without notice; and
•  
• (you have, it is how my stuff vanished including legal documents that had no value to anyone but you)
•  
• A landlord cannot harass you into leaving your home.
•  
• (you have drastically deliberately through omission & commission radically upped my misery quotient to force me out, including name calling and denying me my service, use of wheelchair, wheelchair ramp, heat, stove, kitchen & bathroom sinks bathroom window, kitchen window, comfort dog for nearly 10 years)
•  

Under California Civil Code § 1940.2, a landlord cannot unlawfully force a tenant out of their apartment or home using the following methods:

 

• Engaging in forceful, threatening, or menacing conduct;
•  
• Disclosing information regarding the perceived immigration or citizenship status of the tenant or someone close to them;
•  
• Threatening to call immigration authorities to force a tenant out;
•  
• Interfering with the tenant's right to quiet enjoyment of their property;
•  
• (You did this against others cleverly and insidiously using me a proxy, in a devious way to naturalized my influence within the neighborhood you essentially labeled me as a snitched.)
•  
• Entering the rental unit without the tenant's consent in substantial violation of the law; and
•  
• Taking, depriving, or removing the tenant's property from their home without permission.
•  

A landlord only needs to engage in aggressive or intimidating conduct to be found liable, meaning the landlord does not have to successfully force the tenant out of the rental unit for the tenant to be awarded damages.

 

A landlord who has illegal harassed a tenant may have to pay civil penalties up to $2,000 for each instance of harassment, under California Civil Code § 1940.2.

 

Additionally, under California Civil Code §1940.35, a landlord will be ordered to pay damages if they disclose information regarding the tenant's immigration or citizenship status to a government official to harass, intimidate, or retaliate against the tenant.

 

 

 

For each tenant whose status was disclosed, a landlord will be ordered to pay mandatory statutory damages in an amount between 6 and 12 times the monthly rent charged where the tenant resides. (you have used me as a forced proxy against others and, ina manner of speaking, ultimately myself)

 

RETALIATION:

 

(let it be noted that: California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants. It is illegal for a landlord to retaliate against a tenant in California who has exercised a legal right, including:

 

• complaining to the landlord about unsafe or illegal living conditions
•  
• complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions
•  
• assembling and presenting your views collectively—for example, by joining or organizing a tenant union, or
•  
• exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit.
•  

It is also illegal for California landlords to terminate a tenancy based on tenants' (or their associates') immigration or citizenship status.

 

 (The kinds of retaliatory acts covered by California law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. California state law presumes retaliation if the landlord acts in these types of negative ways within 180 days of the date that a tenant has exercised a legal right, such as complaining to the landlord about an unsafe heater in the apartment.

 

(5 PLUS RED TAGS, but not just red tags )

 

California landlords also cannot disclose or threaten to disclose to any government authority information regarding tenants’ or occupants’ immigration or citizenship status for the purpose of retaliating. Landlords who violate this law might be liable to the complaining party for actual damages, punitive damages, and attorneys’ fees. (Cal. Civ. Code § 1940.35 (2020)

 

(You have done all of things and more, and worse).,

 

 

 

 

Denial of services,

 

FALSELY advertising amenities that are not available in whole or in part:

 

Directly from your current advertising as of 5-30-2021-

 

Including but not limited to:

Amenities

Community Amenities

• Computer Center
• Lush Landscaping
• 3 Laundry Rooms
• Playground
• Close To Major Freeways

Apartment Amenities

• Spacious One, Two and Three Bedroom Floorplans
• Refrigerator and Stove Included
• Disposal
• Hardwood Floors
• Ceiling Fan’

 

Substandard and dangerous water quality,

 

You have the fiduciary relationship with the water company it is your due diligence to interact with them in such a way as to keep your tenants safe--

 

(Quick overview of smoking and the law: according to:

  no-smoke.org/at-risk-places/homes/.

• The biggest hurdle to resolving disputes about drifting second hand smoke is misinformation. Your landlord, management company, or owner’s association may be unaware that it is perfectly legal to require that an apartment building or condominium be smokefree. This can include private units, as well as outdoor areas such as patios and balconies. People often mistakenly believe that there is a legally protected “right to smoke” or that a smokefree building policy would discriminate against smokers. However, there is no such legal right to smoke, and people who smoke are not a protected class. The courts have held that protection of nonsmokers against the hazards of secondhand smoke takes precedence over smokers’ desire to light up wherever they choose.
•  
•  

A smokefree building is the best interest of both management and residents.
It protects the health of residents at the same time as protecting management’s investment by saving money and reducing the risk of fire.

 

(Which is already a serious concern as I have stated previous.)

 

 

• I do Recognize that my landlord and property management does not care about my health, but hopefully you “care” about the safety of the building and your economic investment. Therefore I am reminding the management of the significant economic costs associated with smoking. Property management companies and building owners usually choose to make their buildings smokefree to reduce the risk of fire, reduce maintenance costs, limit the cost of repairs and replacements (carpets, drapes, painting) when turning over a smoker’s unit, and reduce vacancy since there is increasing public demand for smoke-free apartments.
•  
• As well as complying with the ADA (which you are currently in violation of) and other rights I as a tenant hold--
•  
• A no-smoking policy is an easy change to carry out: a no-smoking clause can simply be added to all rental agreements, in most cases including existing leases. (similar to the way Marcello kept getting me to sign the lease pretending to discard it and have me sign a new page Back then I thought he was simply continuing his expressed incompetence now I have other concerns) perhaps that explains why there is seemingly 3 copies of the original lease?)
•  
• YOU MUST Then, inform all residents of the change prior to its implementation, and post clear signage. Violations are handled just like any other lease violation.
•  
• YOU AS Property managers also may not be aware (you do not seem to be aware of much when it comes to your profession) of the various legal protections afforded nonsmokers and the legal remedies that can be pursued by someone who is being impacted by second-hand smoke, especially by people who have breathing disabilities. (like me).
•  
• But Ill move on:

 

You have also denied me of proper water services (limited cold water etc, showering bathing, good hygiene is critical in the time of Covid and for my disabilities,

 

This is not good ‘landlording’ let alone complying with the ADA,

 

therefore is also an ADA violation and discrimination, my disability in this regard is a matter of record,) ETC; (I am not attempting to name every allegation but merely to provide some reasonable semblance of an overview)

 

 

all constituting multiple forms and a highly redundant pattern of Constructive Eviction,

California Landlord Tenant Rights

In California, a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property. According to California law (CA Civil Code 1940-1954.05), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more.

 

 

Note: These rights exist regardless of a rental agreement stating otherwise.

 

In addition to the below, check your local county and municipality for additional landlord-tenant regulations.

Landlord Responsibilities in California

California landlords are required to provide a habitable dwelling and must respond to repair requests in a “reasonable” amount of time, which is normally interpreted as 30 days. If they do not, then California tenants may withhold rent or make the repairs themselves and deduct the cost from future rental payments.

 

 

California landlords are responsible for providing a wide number of amenities to tenants.

 

Item

Landlord Responsibility?

Dwelling structures

Yes

Windows and doors

Yes

Water

Yes

HVAC equipment

Yes

Gas lines and fixtures

Yes

Plumbing/sanitation

Yes

Trash cans and garbage removal

Yes

Stairs and railings

Yes

Fire exits

Yes

Smoke detectors

Yes

A locking mailbox

Yes

Phone jack wiring

Yes

Necessary disclosure of hazardous materials

Yes

Mold

Yes

Bed bugs

Yes

 

Landlords are not permitted to evict tenants in retaliation for exercising their housing rights (i.e. filing a health or safety complaint).

 

It is illegal for California landlords to evict a tenant in retaliation or for discriminatory reasons. Penalty if Not Returned on Time – If a California landlord wrongfully withholds rent then they may be liable to pay up to twice the deposit value plus damages.

 

Rent Increases & Related Fees in California

• Rent control. As of January 1, 2020, all of California is subject to rent control provision as outlined in AB 1483 the Tenant Protection act. This law caps rental rates based on inflation and establishes jurisdictions for local rent control.
•  

 

Housing Discrimination in California

 

Protected groups. The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex, religion, national origin, familial status, or disability.

 

This rule does not apply to owner-occupied homes or homes operated by religious organizations.

 

California state extends additional protection to tenants on the basis of ancestry, citizenship status, mental disability, gender identity/expression, immigration status, marital status, military and veteran status, primary language, sexual orientation,

 

and source of income.

 

(just as a side note, as this is NO WAY represents the totality of the matter, I believe NOTHING HERE DOES, Marcello’s attempt to have me evicted because he did not approve, like or accept my ‘source of income’ is also patently Illegal as verified By forcing us to retain Elania Popp (sp) to represent us in this never should have been retaliatory matter..

 

Discriminatory acts & penalties. The California Fair Employment and Housing Act highlights the following behaviors as potentially discriminatory when directed at a member of a protected group:

 

• Refusing to rent, sell or lease on a bona fide offer
• Falsely denying unit availability
• Canceling a rental agreement (Canceling a rental agreement)
• Instituting policies that result in unequal access to housing (amenities, common areas, business center, walk ways, parking etc)
• Offering inferior terms, conditions, or privileges
• Refusing to make reasonable accommodations for the disabled (no safety device were installed in home guard rails safety grips shower Bath etc)
•  
•  
•  
•  
• Maintaining overly strict rules for families with children, including where children can play.
•  
• Mandatory Disclosures in California

California landlords must make 5 mandatory disclosures:

1. Lead-based paint. Landlords that own homes that were built before 1978 must provide information about concentrations of lead paint.
2.  
3. Bed bugs. Landlords must provide written information about bed bugs using language specified in Civ. Code §§ 1954.603. This document must provide info about how to report bed bug infestations.
4.  
5. Mold. Landlords must provide documentation about any known mold.
6. Pests and Pesticides. Landlords must disclose the presence of any known pests and previous use of pesticides. (I believe if any disclosures existed they were incomplete, misdirection or patently false. I therefore demand that you release all pesticides and other protects have been used on this property by you and/or your agents, employees or contractors. )

 

Common Utility Use and Payment. Landlords must disclose how utility fees are applied and must detail how they are divided up.

• Changing the Locks in California
• California landlords are not allowed to change locks unilaterally as a form of evictions (i.e. “lockouts” I have several videos of this)
•  
• Tenant Self-Help Strategies in California
• Courts in California have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as rent withholding, is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what appears in a written lease with tenants, landlords in California are bound by the implied warranty of habitability, a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as repair and deduct, involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
•  

Landlord Liability for Mold in California

 

an apartment building in Santa Rosa, California, had such a level of mold (as well as a rat infestation) that the city ordered several reportedly sickened tenants to vacate their homes. Although the landlord gave the tenants $2,000 for relocation, legal advisers to the tenants believe that recoupable damages are still available under the law. I further make this claim under the protection as defined and provided by the ADA and other applicable laws statues and ordinances.

 

 

 

 

California law requires landlords to provide tenants with a written disclosure, prior to signing a rental agreement, when they know, or have reason to know, that mold exceeds permissible exposure limits or poses a health threat. (Cal. Health & Safety Code § 26147 (2021). I do not believe I have received any such documents and/or if I have that they possess my actual and true signature upon them)

 

Although the law allows for the adoption of permissible exposure limits, the state health department has determined that it’s not feasible to do so. In fact, in a Statement on Building Dampness, Mold, and Health (issued September 2011), the department takes the position that the mere "presence of water damage, dampness, visible mold, or mold odor" in a building poses a health threat.

 

Rather than try to measure mold levels or determine specific types of mold, the department strongly recommends taking prompt, diligent steps to remediate mold--

 

and address any underlying moisture issues that might be present in a building.

 

(once more you have failed you have once again violated many of my rights including those protected under the ADA.)

 

 

it should be noted that All of your behaviors perpetuated and committed by your ‘omissionive’ and/or ‘comissive’ activities, making it most times impossible and/or extremely dangerous to navigate and or appropriately and reasonable have access to common areas and promised advertised and contractually promised amenities (False advertising & fraud etc) .

 

Some examples of the problems with your “repair” and unsafe environment you have allowed and/or created are: Dented, damaged floors carpeting, bathroom flooring a super slow leak and various other safety issues, including but not limited to, mold-- all as it related to ADA, reasonable accommodations and other illegalities. (all of these and others constitutes a violations of my rights under a series of laws including the ADA).

 

You also can not decline to fulfill your legal responsibilities because I have serious medical disabilities, that effect my balance and make falls much more likely for one such as me to be wounded by:

 

My likelihood nor my susceptibility of falling does not ameliorate any, (NONE) of your legal obligations; (instead you and your cohorts, including your attorneys have attacked me and discriminated against DIRECTLY (and indirectly) based on my disabilities as defined under the ADA and other laws)

 

For as you well known even the CDC had a Fact Sheet on falling, which in sum and substance, provides the following synopsis:

 

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

 

Risks factors are categorized as intrinsic or extrinsic: INTRINSIC| Factors• Advanced age• Previous falls• Muscle weakness• Gait & balance problems• Poor vision• Postural hypotension• Chronic conditions including arthritis, stroke, incontinence,diabetes, Parkinson’s, dementia• Fear of falling EXTRINSIC| Factors• Lack of stair handrails• Poor stair design• Lack of bathroom grab bars• Dim lighting or glare• Obstacles & tripping hazards• Slippery or uneven surfaces• Psychoactive medications• use of assistive device

 

which I have the vast majority of (in not in fact, I would submit that I have all of these risk factors) and am exposed to on a daily basis by you: : Get with it; you have know since day one that I need a wheelchair, have epilepsy seizure, monocular vision, Todd’s syndrome, stroke or a stroke like event,

 

(You and ALL of your attorneys have used my disabilities against me and my rights directly violating ADA and other laws)

 

I submit that you MUST educate yourselves once and for all how this (my series of very series disabilities) effects balance issues and falling--I have had MANY conversation with many of your employees, staff, contractors, mangers, etc) including but not limited to Marcello, Mario & FPI Management Roise Casa; your team believing and having been deliberately miseducated, having been brain washed and misguided, into believing that they can make observations about me and my disabilities, which leads them to inanely (and illegally and discriminatory) making a medical diagnose of me is far worse then practicing medicine without a license-- (your lawyers have also participated in this)

 

perhaps your folks believing (they flat out told ME this was true. Leading to such prejudicial and discriminatory beliefs as: “you do not need your wheelchair”) has helped greatly to exacerbate your collective, orchestrated and deliberately stargazed, discrimination of me-- such hateful, malicious and slanderous comments have been made in front of others including neighbors workers, contractors, inspectors and other tenants,

 

Severely harming my reputation,

 

You and your people have manufactured and deliberately created a hostile & dangerous environment and flat out lying, distorting, manipulating, and/or slanting, to your workers, employees, employers, affiliates, contractors, mangers and others which has resulted in my abuse and discrimination against me,

 

All resulting in you and your peoples (managers, employees, inspectors, contractors, visitors, tenants, et al) to show incredibly ingrained hostile and hateful discriminatory behaviors and actions,as ALL of you have collectively been and are:

 

according to Disabled World (Highlights are mine)

 

Make certain the next conversation and all conversation (s) i have between you and your representatives, comes from an educated not ignorant point of view as your lawyers, managers, contractors and other constantly and habitually and perpetually display--

(becoming de facto policy * practice)

 

An excellent but NOT the ONLY example of this is my Todd’s Syndrome-- (Diagnosed decades ago)

 

Author: Disabled World “ Todd's paralysis can result in hemiparesis -

 

’--the person will be unable to move their muscles on one-half of their body.

 

Because the occipital lobe, located at the lower-back portion of a person's brain, is responsible for vision, an occipital lobe seizure might result in visual changes or even blindness during the postictal period.”

 

Additionally: ”--seizure is followed by a brief period of temporary paralysis.

 

The paralysis may be partial or complete but usually occurs on just one side of the body. “

 

 

‘-- can even involve severe weakness or even paralysis of a limb or--‘

 

 

The paralysis can last from half an hour to 36 hours, with an average of 15 hours, at which point it resolves completely.

 

(Mine is often times much worse and much more severe)

 

‘Todd's paralysis may also affect speech and vision.’

 

‘Scientists (let alone your employess & agents Et Al) don't know what causes Todd's paralysis.’

 

‘There is no treatment for Todd's paralysis.’

 

‘Individuals must rest as comfortably as possible until the paralysis disappears.”

 

To put a button on it they also state that: ‘The person commonly is experiencing confusion and drowsiness during the postictal state.’

 

I say this again later but it absolutely means that at 1;05 Am on Monday I am fine and walking seeing,whatever, and at 1:06 I am in trouble, can’t walk, limping, can not speak or see, or see well or see functionally, etc, and by (a theoretical) 1:06 Tuesday I am once again, what you ignorant , thinking you are educated folks will perceive as “fine.”

 

In other words your observation of me being “fine and well” and then not fine, is rendered much worse then meaningless as you publicly weaponized it and used it as a hammer of discrimination, prejudice, slander, and defamation.

 

 

 and you and your cronies have fanned the flames of hate and bigotry and encouraged your villainous abusive side to make such invalid and illegal medical observations and diagnoses all of which clearly resulted in my discriminatory, bigoted and hateful behavior against me;

 

Simply you spread your lies and management, employers, contractors, inspectors, code enforcement, agents neighbors and tenants and lawyers believed you--

 

All to my decades long tortuous stay here-all of your medical diagnoses spread within the community flying in the face of doctors letters, other documents and information, you have received to the contrary, (including but not limited to a motorized wheelchair prescribed to me by my neurologist) you deliberately hid and/or worked diligently to discredit this conclusive exculpatory evidence in order to successfully destroy my reputation within the community,

 

 

Perhaps worse; in EFFECT, by PRACTICING MEDICINE WITHOUT A LICENSE-- in effect spreading a false diagnosis; has hampered my ability to care for myself-- (as a limited examples obstructed use of wheelchair, non use of wheelchair ramp, harassment by security for trying to use assistive devices, delaying repairs, unduly influencing inspectors, not provided with disabled parking for 10 plus years, not provided with reasonable accommodations, some for over a decade, some still not yet inacted)

 

 

(Again, demonstrating a behavior of policy and practice of discrimination against me and my ADA rights)

 

TO further expose your incompetence as medical doctors---

 

 

My vision is DIRECTLY effected by several injuries to my eyes suffered when I was child<

 

On June 6, 2013 in JAMA Ophthalmology published their findings by medical lisecne & qualified indivudals,

 

:’--concludes that visually impaired individuals have a significantly greater risk of balance problems.”

 

BALANCE ISSUES! LEARN! GET EDUCATED!

 

 

Unbelievable how you used your ignorance as the tip of the spear to disclamation against me and to ruin my reputation; and its staff to further disable me,

 

 

“The authors also offer suggestions to develop more effective fall prevention strategies for individuals with visual impairment or reduced visual acuity.”

But I digress:

 

For your edification: The JAMA Ophthalmology is an international peer-reviewed journal published monthly by the American Medical Association (AMA), and is part of the JAMA Network of journals.

 

 

SEE well understood MEDICAL principals your property managers and highly incompetent lawyers you!

 

Further, I am providing additional information for you own records and as a public service to educate what has to be some of the most ignorant incompetent legal minds that I have ever encountered: ( But perhaps your cunning is the fact that you have used your Sargent Schultz strategy as a mechanism to discriminate against me and to deny me my rights/ Either choice makes you liable)

 

your chosen ignorance (i , again have informed a serious of your employees representatives etc of this et al) and you have collectively and deliberately chosen to responded with an astounding level lack of caring for my safety does not now not cure of my disabilities- -that they are inconvenient to you and you and your people are so stupid that you do not understand the first things about them is your DELIBERATE and CHOSEN course--

 

You have forced me to file a complaint against everyone involved, including but not limited to, your highly inept attorneys. I have filed out and submitted the;

 

Civil Right Division Online Complaint Form

 

To file an ADA complaint by mail, send the completed ADA complaint form to:

 

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
4CON, 9th Floor
Washington, DC 20530

To file an ADA complaint by facsimile, fax the completed ADA complaint form to: (202) 307-1197

 

Again; All pertinent groups organizations, agencies, contractors and companies have been included--

 

It should be made clear that the discriminatory acts as a whole collective strategy have not been resolved and are indeed on going; all of these conditions have been or are currently are in existence as of my writing this-- the damage you have incrementally perpetuated against me is a bell that can not be unrung,

 

it is not a clock that can be rewound by me, or by you for that matter, as I am stuck with the cumulative damages your Chinese torture of a death by a 1000 tiny cuts has wrought against me.

 

Damages that are both physically as well as physiologically life altering-- But you are free to argue that since you poison was administered in little tiny drops with a small spoon and was administered in minuscule daily increments on a daily basis over the breath of a decade, that my suffering and injury doesn’t really matter;

 

The transgressions that you have committed against me are as if you robbed me of a dollar a day, if one is to isolate a single 24 hour period, (which is what you consistently do, never viewing your abuse and discrimination and the injury you have caused me as a collective) it is unlikely that I would have any real practical, legal recourse

 

as no DA is going to believe it is worthy of their time nor resources to take legal action in such a matter--and I am pointing this out not simply as an analogy but as a way to expose your true intent and goal.

 

To drill down on this; By applying this philosophy, of attacking me in small. consistent ways you do not take the risk that any single, stand alone item seems to be too big, too important or too serious, for if I am to complain about “this little tiny thing” it does make me appear to be a whiner, “Oh look he complains about everything,”

 

Yep it works.

 

And I must applauded your dark villainy as It is a clever form of neutralization;

 

But as with everything you are experts at ”de-contextualizeation”, you know breaking things into so many (less than) bite sized pieces so that the forest is gone and all that remains is the bark of that was blown off of a single twig.

 

 it is like separating a single rain drop from your hurricane of abuse and discrimination and getting everyone to look only at that one single isolated drop,

 

As like a hurricane, the rain collectively, cumulatively perpetual actions are seriously detrimental and damaging.

 

But what is a single independent rain drop? Brilliant. Effective.

 

And I must commend you, your strategy has worked stunningly in influencing just about everyone including, but not limited to, an already weak lack luster very pro landlord inspectors & code enforcers,

 

As I have overheard more then one conservation between managements and Code Enforcement where they flat out made abusive mocking and demonstrated what was clearly discriminatory behavior against me--

 

But what is far more concerning is that it is clear that, from overhearing these conversation that your relationship with them that moves the needle far beyond mere inappropriate favoritism and kronyisim, into full blown discrimination and collusion,

 

 How does a fool like Marcello tell them that ”-- he is not disabled at all, as well as speaking to them of having ”--requested letters from my doctor and having never received none,”

 

But the moron, standing under my kitchen window does not stop there no he doubles down:

 

 

And ”--never seen him use his wheelchair--” and ”--does not believe he needs one--” This was not said outside the earshot of the neighbors-

 

(no accident - this was part and parcel to your larger motivation for having security and management prevent me from using my wheelchair,and my wheelchair ramp, to designed to created a negative discrediting impression of me,)

 

So manipulative, so sinister--

 

You are mastering at creating such public false impressions; and for applying genius nuisances to facility such perceptions, (as even La Esperanza say you have illegal evicted over 300 tenants, that does require a certain set of skills and its mastery) Still, It is difficult to figure out such motives and strategies as it defies human moral comprehension as to how a landlord can facility such absolute cruelty--But money is money and for you money is your absolute god.

 

(And in spite of all of that power & influence, that THEY -the code enforcers-STILL felt compelled to write you up and FORCE you into making a multitude of repairs. Stunning considering how much they favor and coddle you. And of course it is important to note that you never ever do anything unless there is force applied)

 

This is also why your second accompanying strategy--as it is at least a double pronged one-- is to play the ignorance, Sargent Schultz, card, as -any existing problems or violations, must be small and no big deal and if it can not be seen as that it is “gee we did not know, so how can we change, repair or ameliorate?” -

 

I have had too many conversations with your amnesic plagued Mario and Marcello who from not only week to week, but day to day forget all precious conversations you have had with them, that is why I was absolutely forced to record every conversation (telephonically or in person) with all of your employees, management staff etc,

 

As you are excellent and well seasoned prevaricators -- lairs, that hold 9th degree black belt in bull s**t-- experts at spontaneous fabrications, reasonable sounding radical distortions, disjointed nonsensical stories and fill in The blanks, prefabricated covers, that you repeat by rote and revert to paint by numbers machinations when tenants or inspectors get too close to the truth,

 

I believe you folks could go toe to toe, round for round, punch for punch, with any con artist around the world--

 

 

As perhaps what can be seen as your 3rd prong of attack (not including retaliation and using security as your armed threatening enforcers thugs) you and your teams deliberate, chosen as strategy, the path of ‘remaining’ (appearing) uneducated, and ignorant of my disabilities-- but not ONLY as a built in form of denial (as most folks will accept the ‘Gee I didn’t know Sargent Schultz technique) and have spun it in order that you might foster its built in persuasion and power to impune my integrity,

 

 

However its very serious Achilles heel is that under real scientific scrutiny your denial of my being blind will not restore my vision,

 

And you will be left with much to explain:

 

Just in case you did not notice, if you close your eyes it does not make a tree disappear--

 

My goal is not to insult you but to openly and honestly decipher you customs, practices and company policy for dealing with uppity tenants like me that attempt to pursue their rights-- I realize my very existence is an insult to you, but that can not be helped--

 

To be clear: to use your CHOSEN uneducated, ignorant unawareness, is a flimsy defense for you and your cohorts; as while it works as gossip, and as innuendo, (in front of other tenants neighbors and inspectors etc) the brain impulse study on my eye will reveal that I do not see,

 

So your bounty of lies will rapid turn into your famine of truth, and what to do then?

 

to use this as an mock “ignorance” as an faux excuse is to behave irresponsibly, negligently, as to make accusations, predicated upon your chosen deliberate and feigned lack of education (some of the most ignorant & backwards I have ever heard by the way) is untimely not an effect shield against the crimes and violations you have collectively committed.

 

As ignorance may work with your tenants, contractors, employees, and other visitors, but it will not protect you against the weight of the law, but if you happen to still not get it, your FAKE ignorance has only limited appeal and strength and effectiveness,

 

As it was NEVER really ignorance it was a tool or more precisely a weapon used to give you a from and type of cover as your REAL goal, YOUR TRUE intent was to use it as

 

and is a from of, slanderous defamation, BUT more importantly as

 

much much worse is a manner and process of discrimination in it of itself, clever--

 

I doubt even 1 person out of 10 would even understand what I just said or even mean,

 

Perhaps, and likely even you do not;

 

tell you and your team to get educated or to stop lying, because (giving them the MOST credit possible) they are doing one or some of each as I will no longer tolerate your ignorance--chosen, malicious, strategic prearrangement or otherwise,

 

I will digress again:

 

As it is also important that I inform you of another issue that presents a clear & present danger to this entire complex: therefore I am alerting you with what I believe to be potentially serious fire hazards (and other safety issues as dilated above & below) complex wide as well as to a host of other dangerous to me visitors, workers, employers, contractors and other tenants.

This facility display many of the classic signs that sooner or later there will be major fire on these premises-- flicker light, loss of power, smoking power sockets, power sockets that are charred black lights consistently going out and losing power etc-

 

You are hereby placed on notice of the following:

 

(2) [3:21.1] “Substandard” dwelling (Health & Saf.C. § 17920.3): Any building or portion of a building, including any dwelling unit, guestroom or suite of rooms, is deemed substandard under the State Housing Law (and “untenantable” under CC § 1941.1) whenever a proscribed condition (below) exists to the extent that it “endangers the life, limb, health, property, safety, or welfare of the public or the occupants.” [Health & Saf.C. § 17920.3 (emphasis added)]

 

The conditions proscribed by § 17920.3 are exhaustive. By way of example, they include (but are not limited to) inadequate sanitation, structural hazards, any nuisance, wiring defects, plumbing or mechanical equipment not in compliance with applicable law at the time of installation, and faulty weather protection. [See Health & Saf.C. § 17920.3(a)-(o)]

 

As well as others laws, ordnances, and codes.

 

Some of The main issues that forces me (yes, FORCE me, as I find this entire process hyper stressful as well as debilitating-) I do not have the strength nor health to have been made to engage in this already decade long battle with you.

 

(I would further suggest it is people like you that force this country into being so litigious as you are impossible to deal or negotiate with. The choices are to have your rights perpetually stepped upon or to sue. Again feel free to blame yourself and cohorts like you) to submit this to you is that I am tired of living in place that has reduced services and reduced living conditions and does not but produce perpetual fear and misery to me.

 

All the while I continue to pay my entire rent. I have continually tried to maintain an open dialogue with you but you are unreasonable and frankly scary, it is hard to negotiate and come to a just resolution with; 1) someone you are afraid of, 2) ignores you unless an outside agency is involved, 3) even when an outside agency is involved you are always laser focuses on only meeting the most minimal standards of compliance, 4) you circumvent full compliance, 5) you consistently find a way (s) to retaliate,

 

I.e. spreading lies, distortion and deliberate misrepresentations, to tenants that I was reporting to INS using me as a real or imagined proxy to violate other tenants rights as such strategies are strictly against the law--you gained a two for one, made other tenants resentful and fearful of me while being able to hold a sword of Damaclius over their, and perhaps by proxy, my head as well--

If you were to research both state and federal law you know that such threats against tenants are patently illegal, despite your creative application and/or violation of the letter and intent of the law--

 

an excellent disinformation campaign is always essentially in lunching such campaigns against your tenants which according to La Espernaza Wyvernwood has a long history of conducing such campaigns--

 

Using me as your proxy in such a manner is perhaps effective and go the desired result but illegal-- as this is a form of retaliation,

 

Under California Civil Code § 1940.2, a landlord cannot unlawfully force a tenant out of their apartment or home using the following methods:

• Engaging in forceful, threatening, or menacing conduct;
•  
• Disclosing information regarding the perceived immigration or citizenship status of the tenant or someone close to them;
•  
• Threatening to call immigration authorities to force a tenant out;
•  
•  

California landlords also cannot disclose or threaten to disclose to any government authority information regarding tenants’ or occupants’ immigration or citizenship status for the purpose of retaliating. Landlords who violate this law might be liable to the complaining party for actual damages, punitive damages, and attorneys’ fees. (Cal. Civ. Code § 1940.35 (2020)

 

You always make sure I pay a price for me seeking compliance with my tenant, ADA & other rights,

 

More importantly I am tried of living in fear and with all of the hate, discrimination, hate crimes, criminal threats, that you heap upon me: I am virtually held hostage here: as I am 1) scared of you, (including but not limited to management, employees & other agents) 2) scared of your you fire arm tooting security, 3) scared of your contractors, 4) scared of your dangerous and hazardous environment that is difficult or impossible for me to safely navigate,

 

5) scared of the constant, perpetual and never ending retaliation you expose me to no matter how cleverly concealed you attempt to make it,

 

California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants.

 

Tenant Rights Protected Against Landlord Retaliation in California

It is illegal for a landlord to retaliate against a tenant in California who has exercised a legal right, including:

• complaining to the landlord about unsafe or illegal living conditions
•  
• complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions
•  
• assembling and presenting your views collectively—for example, by joining or organizing a tenant union, or
•  
• exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit.
•  

It is also illegal for California landlords to terminate a tenancy based on tenants' (or their associates') immigration or citizenship status.

Types of Retaliation That Are Against State Law

The kinds of retaliatory acts covered by California law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. California state law presumes retaliation if the landlord acts in these types of negative ways within 180 days of the date that a tenant has exercised a legal right, such as complaining to the landlord about an unsafe heater in the apartment.

 

California landlords also cannot disclose or threaten to disclose to any government authority information regarding tenants’ or occupants’ immigration or citizenship status for the purpose of retaliating. Landlords who violate this law might be liable to the complaining party for actual damages, punitive damages, and attorneys’ fees. (Cal. Civ. Code § 1940.35 (2020).)

 

I will start with perhaps much simpler issues and attempt to work to more complex ones. (though it will be ultimately incompletely as there is just too much as I posses thousands and thousands of documents) To be accurate there is so much (And I can never address all of them in a single notice. I can not and therefore I will not. Nor am I intending to (or able to to refer to the volumes of documents, videos, pictures and tape recodings, documents, writing, notes, diary, (literally numbering in the tens of thousands) that are in my possession, in order to reveal, disclose or comment with here every words, phrase or sentence that I have documented that was said to me by you your managers, owners, or in fact everyone or anyone. I have that information that will be disclosed should the appropriate times come. Further I am hoping that reason and good sense and common decency will prevail upon you and these documents become moot.)

 

Though, if I am to be accurate I doubt you really care about me at all as I am just a lowly life from of a disabled tenant. Not worth scum you and your cohort have made that abundantly clear over the past decade. .

 

As I said,To not write this notice at all, is hardly a good nor reasonable option; (like many of the “compromises” in the past you have forced down my throat.)

 

Of course if you were responsible, fair, just and reasonable people waiting on the other end of this, I would not have to write this notice in the first place. .

 

One of only many ironies.

 

However, in spite of this, giant lack of hope, I will begin:

 

It is both shocking and disturbing to me; The callous disregard you continue to demonstrate towards my safety, your behaviors are so serious and hazardous that they can possibly or even likely result in my death.

 

I believe this, in it of itself, amount to criminal threat, discrimination and assault if not worse-- it is literally like you are hoping a(and helping) me to die--

 

I must further admit that your representatives were and are incredibly stupid and ignorant & uneducated as they could were not even able to comprehending the simplest concept of understanding my injuries (and their causes) or the the effects that having monocular vision has on perception and balance, they were so stupid and ill informed they did not even realize that I have had this documented medical condition since I was 10 years old. .

 

That is also the purpose of this notice is to enlighten and incredible (willingly) ignorant) supposedly educated people. Again this ignorant overly simplistic, Sargent Schultz Strategy keeps rearing its ugly head--

 

To clarify how being partially blind or having monocular vision can subject you to increase danger such as walking into items or in fact falling; to make claim that I fall too much is discriminatory contained in the allegation itself, it is like claiming that a mute person needs to speak up more,

 

it, perhaps in its rudimentary application seems to make sense until one drills down on it with some intelligence as well as common sense--

 

According to Bethany K. Laurence, Attorney Total blindness is not required to qualify for disability benefits through Social Security.

 

and here’s why; as I suffer from loss of central visual acuity or loss of peripheral vision,

 

for one it is based on a factors as central vision acuity-- how clearly you can see straight ahead, which mine has been infringing upon and i have had 3 surgeries which support this partial diagnose-- and a decrease in visual field (peripheral vision)

The exculpatory evidence is abundant and well recorded--

 

It also appeared beyond their comprehension to comprehend that I have had property owners asked me to exaggerate my legitimate injuries and provide them with a kick back. instead my honesty has been weaponized against me. But that is also over for you--

 

Such statements always sound potentially dramatic till someone dies and by that time it will be (obviously) too late to rectify or mitigate all the terrible things you cause by omission or commission or some bizarre from of both. But as I am not a psychiatrists (this is not meant disrespectfully) as I may not always be able to explain your behavior but I can observe them as well as suffering the consequences of them.

 

1. Slip and fall accidents constitute the leading cause of hospital emergency room visits, accounting for a colossal 21.3 percent of admissions. (photos of one of my falls again provided to you)
2. Between 1992 and 1996, the Bureau of Labor Statistics (BLS) reported that the number of men fatally injured at work was more than twice the number of women who died from the after effects of a slip and fall.
3. The Centers for Disease Control reports that more than 15,000 seniors over age 65 died as a result of a fall in 2005.
4. Floors and flooring materials contribute directly to more than two million fall injuries each year, according to the Consumer Product Safety Commission.
5. Slips and falls are the leading cause of workers’ compensation claims.
6. In 2002, 22 percent of slip and falls resulted in 31 days or more of missed work, according to the BLS.
7. Every year, one in three seniors over 65 years old will experience a fall.
8. ITT-Hartford Insurance Company reports that falls account for 16 percent of all claims and 26 percent of all costs.
9. The National Safety Council reported in 2003 that costs associated with employee slip and fall accidents amount to about $70 billion annually.
10. Half of all accidental deaths in the home are caused by falls.

 

Further the CDC fact sheet on falls states ” Effective clinical and community interventions exist for the following fall risk factors: Vestibular disorder/poor balance ---

 

“Medications linked to falls Postural hypotension, Vision impairment, Foot or ankle disorder Home hazards CDC’s STEADI tools and resources can help you screen, assess, and intervene to reduce your patient’s fall risk. www.cdc.gov/steadi.

 

I see my risk of potential death as very real as I have all or most of these risk factors-- :

 

As 50,000 people a year die from seizures in the United States alone, according to The Epilepsy network. I think the sins put me into the higher range for risk factors for this danger as well.

 

This is true even if you are saints and perfect, now imagine the risk to me considering your outrageous and highly criminal and negligent conduct and negligence. The injuries you have caused me, knowing many of the risk to me, put my injuries from the accident category into the assault and battery one.

 

A significant portion of these epilepsy deaths are caused by SUD linked to epilepsy --(Sudden Unexpected Death) to summarize what the Cameron Boyce Foundation (who died of the infliction himself) describes, as risk factors, included, but are not limited to: Loss of sleep, sleep deprivation, flashing bright lights or patterns, STRESS, avoiding seizure triggers, manifesting in a seizure pattern or a disruption to it.

 

All of which you have exacerbated, contributed to, or flat out caused.

 

Moreover to seriously exacerbate my seizure condition is that I also have a severe condition of Todd’s disease or syndrome: Todd's paralysis is a neurological condition experienced by individuals with epilepsy, in which a seizure is followed by a brief period of temporary paralysis. The paralysis may be partial or complete but usually occurs on just one side of the body. The paralysis can last from half an hour to 36 hours,

 

with an average of 15 hours, (for me sometimes, many times days, weeks and months have occurred) at which point it resolves completely (for most people but not for me). Todd's paralysis may also affect speech and vision. Scientists don't know what causes Todd's paralysis. Current theories propose biological processes in the brain that involve a slow down in either the energy output of neurons or in the motor centers of the brain. It is important to distinguish Todd's paralysis from a stroke, which it can resemble, because a stroke requires completely different treatment.

 

There is no treatment for Todd's paralysis. Individuals must rest as comfortably as possible until the paralysis disappears.

 

Todd's paralysis is an indication that an individual has had an epileptic seizure. The outcome depends on the effects of the seizure and the subsequent treatment of the epilepsy.

 

What is the practical application of this? One moment I can read a book the next I can not (literally a second later) One moment I do not have a noticeable limp the next I have arm glued to my side and am dragging my leg.

 

In sum and substance, whatever I was doing a moment ago is taken from me in a second and may or may not come back when if ever. For example at 1:05 Am I can read a book at 1:06 I can no longer see the text.

 

At 1;05 Am I am walking reasonably well at 1:06 Am I am dragging my leg as If just suffered a stroke.

 

Moreover at 1:06 PM my walking may have returned to its original state and I can now once again continue reading my book.

 

If you do not get that please seek out the help and guidance of a professional to help you and your staff etc, to better understand what I am talking about; amongst other things you deliberately, intentionally (your pattern) through both negligence and malice, and compounded by acts of omission and commission that is expediting my dark and outrageous journey to the other side.

 

It is (a pattern that repeatedly repeats here under Wyvernwood-(when I say ‘Wyvernwood’ I generally, overwhelmingly, mean this to include, FPI Management and Thruman LLC as well others) and to emphasis this issue with creating, facilitating, participating or causing and or acerbating additional low oxygen levels for me.

 

Let us be clear here:

 

You are not 2 years old, you are grown ups, well trained in managing apartments & property (theoretically) you know the dangers you create or allow, permit or ignore, much better, then the average person or common citizen. You are experts stop speaking (and acting) as if you are naive, Sargent Schultz Hogans’ Heroes, amateurs.

 

As you and your landlord mob well know; a landlord may not shift liability for ADA compliance to its tenants. There are in fact no provision under the law that serves to exculpate the landlord from liability. Landlords, as owners of “public accommodations,” have an independent duty to comply with the ADA and can therefore be liable for ADA compliance on property leased to and controlled by its tenants.

 

 

Further, tenants are not subject to liability for violations in areas that are not under their exclusive control, such as common areas. Additionally, some courts have held that landlords cannot shift the financial responsibility for ADA compliance to architects and builders because to do so defeats the purpose of the ADA.

 

Additionally: Businesses that are “public accommodations” must provide accommodations and access to persons with disabilities that is equal or similar to that available to the general public. Owners, operators, lessors, and lessees of commercial properties are all responsible for ADA compliance.

 

New construction and elements of buildings altered after January 26, 1992, must comply with ADA standards to the maximum extent feasible. But this does not mean that older buildings that haven’t been recently renovated are “grandfathered in.” I would argue that much of what has been performed here at Wyvernwood, “elements of buildings altered” places this onus on you even more clearly.

 

Indeed, even for existing facilities, landlords and property owners must remove “architectural and communication barriers” that are structural in nature when it is “readily achievable” to do so. Examples of such modifications include widening doorways to ensure wheelchair accessibility, retrofitting restrooms, and adding access ramps As an example of one of the accommodations (i requested that the walks ways have a ramp AND/OR A RAMP ITSELF, like exit and entrance for enhanced safe access for me due to my balance issues. Seizures, as well as wheelchair access. Also there has been zero accommodation I.e. Including but not limited to, in the way of hand rails, non slip shower surfaces, in the shower bathroom area, etc) .

 

 

But it was another reasonable accommodation & ADA compliance issue that you refused to do.

 

While you repaired, (after almost 10 years) the incredibly dangerous (broken crumbled, cracked, buckling, dented etc) walkways that injured me numerous times, you refused to create greater accessibility for wheelchairs and my other ambulatory balance issues.

 

In fact, more then once, your terribly neglectful and hazardous walkways caused me to fall over in my wheelchair there are also other dangerous situations were not mitigated by you for reason that I can not phantom.

 

Other then what II call ‘omission relation.’ Meaning that you recognized there were area of danger to me and for me but deliberately decline to repair them out of this need to retaliate and stick it to me. To show and demonstrate who is in charge and who is the boss.

 

I.e. while perhaps you did not create the hole, you were just fine with the reality that I might or did fall into it. AGAIN whit the specific hope and intent that I would suffer from your lack of action.

 

In fact I, for many years had a reasonably significant “dent’ in my wooden floor that even though, Rosie, Marcelo, Mario and others seen and knew about REFUSE to repair and did, in fact end up causing me harm. The danger was easily “foreseeable”.

 

 

As were the plethora of holes crack divots what have you on the walkways I was forced to traverse for nearly a decade.

 

To slightly circle back to your “redoing” of some of the walkways, A modification (ramps, wheelchair, grade improvement) that was “readily achievable” as you leveled the previous walkways anyway.

 

Further, as you well know:

 

Although property managers may not have direct liability for ADA compliance, their actions, as agents of the landlord, can have significant consequences. For example, in a recent Pennsylvania case involving the Cracker Barrel restaurant chain, the court certified a national class action lawsuit covering any person who had visited any Cracker Barrel location nationwide and who had encountered barriers to access.

 

Certainly, there had been no finding that every Cracker Barrel location suffered from ADA violations, but the court nevertheless found that Cracker Barrel’s property managers had evidenced a systemic failure to inspect accessibility standards overtime. Thus, the acts and omissions of property managers can have far-reaching ramifications for landlords.

 

The key for me at least here is: ”-property managers had evidenced a systemic failure to inspect accessibility standards overtime.”

 

As this was clearly one of the many violations that took place here at this property as well as my unit.

 

I believe such standards would also likely prevail here.

 

I have heard that technically the property may have changed hands more then once, while I remain unclear how legal authorities would interpret ownership here, at this property or the transaction invoking it: I would still endeavor to inform you that: If it was to be discovered that such a changing of ownership had indeed taken place: :

 

Let it be understood that Landlords in the business of acquiring existing properties should (still) take ADA compliance seriously. Due diligence should focus not only on the financial aspects of the transaction but on ADA compliance, as well.

 

Further, Failure to do so risks buying not only the property, but serious other consequences, as well. To minimize the risk of purchasing a non-compliant property, purchasers could (a) require that sellers correct any ADA violations as a condition of closing, (b) demand that a portion of the purchase price be placed in escrow until ADA compliance can be confirmed, or (c) negotiate a reduction in the purchase price so that the purchaser can implement remedition efforts itself.

 

ADA compliance is of critical importance. By recognizing the risks associated with non-compliance, and by implementing policies and procedures designed to ensure equal access to all, owners, landlords, tenants, and property managers can minimize the risk and expense associated with preventable violations.

 

“Preventable violations”

 

Bare in mind that, as best as I can determine, that there are 3 copies of the lease shown (at various times spread along the decade) by Marcelo and Mario (2 of which I do not recognize).

 

The first copy I was shown did not reconcile with the 1st I had signed and years later when Marcelo had wanted to make a point (to be cruel & abusive as usual again referring to me as ‘Mr. Sucks’) he showed me what appeared to be yet another copy that was not consistent with the 1st or in fact the 2nd.

 

And frankly the signature did not appear to be mine.

 

He was angry and frustrated and he wanted to emphasis (unsuccessfully) an ‘issue’ concerning and ADA “concern” with my wheelchair and my dog I believe.

 

Yet Wyvernwood, FPI Management and Thruman LLC has always tried to alter and vary reality, so this behavior was consistent with the template.

 

However, one should keep in mind That Title III of the ADA still provides that A landlord, as an owner of a place of "public accommodation," has an independent obligation to comply with the ADA that cannot be discharged by contradictory provisions in a contract with a tenant.

 

 

(Either orally and/or in writing.)

 

 

 

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to that available to the general public. What many property owners do not want to realize is that the ADA applies to landlords, even if the landlord delegates disability accommodation to its tenant. Failing to understand this obligation can create significant liability exposure for a property owner.

 

(In other words, Wyvernwood, FPI Management and Thurman LLC can argue amongst yourselves who is really at fault: the ADA itself does not care and frankly neither do I.)

 

Title III of the ADA applies to "public accommodations" (retail, service, and other businesses) and "commercial facilities" (office buildings, warehouses, factories, etc.) operated by private entities, including owners or landlords.

 

A landlord, as an owner of a place of "public accommodation," has an independent obligation to comply with the ADA that cannot be discharged by contradictory provisions in a contract with a tenant.

 

As to public accommodations, the requirements of Title III can be broken down into three general requirements:

 

1. Existing Facilities. For existing facilities, Title III of the ADA requires that public accommodations remove "architectural barriers" and "communication barriers" that are structural in nature in existing facilities when it is "readily achievable" to do so.

 

• Readily Achievable. Removal is "readily achievable" when it is "easily accomplishable" and able to be carried out "without much difficulty or expense." Examples of barrier removal may include things such as installing a ramp, widening a door, modifying a restroom, or rearranging furniture and display racks to permit access to wheelchair users.
•  
• Maximum Extent Feasible. Compliance with the ADA is not all or nothing. ADA compliance is to be carried out to the "maximum extent feasible." For example, when barrier removal is not readily achievable, alternatives may include in-store assistance for removing articles from inaccessible shelves or providing curb service or home delivery.
•  
• Good Faith. In an ADA action, the court will consider a landlord's "good faith" efforts to comply with the ADA, such as its attempts to remove the barriers.
•  

2. New Construction and "Alterations" in Existing Facilities. Title III imposes technical requirements on both new construction and alterations to existing buildings.

• The ADA requires that new construction of places of public accommodation and "commercial facilities" be accessible for persons with disabilities.
•  
• Any "alterations" to an existing building that could affect the usability of the facility also triggers the technical requirements of the ADA (such as a "path of travel" to "primary function areas," such as lobbies). Such alterations must be made in an accessible manner to the maximum extent feasible.
•  
• (You failed in this with several of your "alterations," including but not limited to, the walkways in and near my unit.)
•  

3. Provision of Auxiliary Aids and Services. Title III requires public accommodations to provide auxiliary aids and services to the disabled (such as interpreters or notetakers for those with hearing impairments, or Braille or large print materials for those with visual impairments, etc.) to the maximum extent feasible without causing an undue burden.

 

• (You failed in this with several failing to even (more than once) altering you type face size of type face, manners in which you provide me notices etc. You did little to nothing to facilitated and or improve communication or in fact the inferior non complaint manner in which you communicate and continue to communicate. None (NONE) of my requests would have placed and undue burden upon you)
•  

Allocation of Responsibility

Most commercial leases contain a provision allocating the risk and cost of compliance with laws to the Tenant. Landlords and tenants may allocate –between themselves –responsibility for complying with ADA's requirements and liability for violations in the Lease.

 

However, any allocation in the lease is effective as between the parties only. Contractual allocation of responsibility has no effect on the rights of third parties bringing ADA claims.

 

Allocation in the lease is important as it may be the basis for the landlord to pursue an indemnification claim against the tenant. Such provisions may also require the tenant to provide the landlord with legal counsel in the even the landlord is the subject of an ADA lawsuit.

 

However, it does not release the landlord from responsibility under the ADA.

 

Landlord's Obligations Not Limited to Compliance in Common Areas Further, tenants are not liable for ADA violations that occur in areas exclusively under the control of the landlord. For example, in many circumstances, the tenant is not held liable for ADA violations in the parking lot or violations in the landlord's business office that is open to the public. But a landlord, as the owner of the property, can be held liable for ADA compliance on property leased to, and controlled by, a tenant. So, if the tenant operates a restaurant, the landlord may be held liable for ADA violations in the restaurant. Thus, the landlord, as the property owner, has potential ADA public accommodation liability for the entire property – including the common areas and any property that is occupied by a tenant.

 

Relief Available to Plaintiff: Injunctions, Monetary Damages and Attorney Fees The ADA may be enforced by lawsuits brought by either private individuals – persons with disabilities –or by the U.S. Attorney General. Generally, an ADA plaintiff may sue the landlord, tenant, or both in an ADA lawsuit. In most states, private plaintiffs cannot obtain monetary damages under Title III; only injunctive relief is available. However, many state laws, such as the California Unruh Civil Rights Act, provide a vehicle for a plaintiff to obtain damages even though such damages are not allowed under the ADA.

 

Alternatively, the US Attorney General may file an action if it has reasonable cause to believe that there is a pattern or practice of discrimination that violates the ADA. Actions filed by the US Attorney General can result in significant fines.

 

Attorney fees are available to a plaintiff who prevails on his or her claims under the ADA, but a prevailing landlord or other defendant in an ADA lawsuit generally cannot recover fees absent a showing that the action was "frivolous, unreasonable, or without foundation."

 

Best Practices for Landlords

Due to the extensive reach of the ADA, landlords have a strong incentive to monitor a tenant's compliance on the leased property. Favorable provisions that landlords should negotiate into any lease include:

• Obligation that tenants comply with ADA (as between landlord and tenant)
• Requirement for tenants to indemnify landlord for the costs of compliance
• Requirement for tenants to maintain insurance that will cover ADA claims and defend such claims on behalf of landlord. If ADA claims are asserted against only landlord, in most situations, landlord should implead tenant as a necessary and indispensable party
•  
• Requirement that the landlord have the right to select defense counsel even if the expense of such counsel is paid by the tenant

 

 

You have or should, certainly by now, have acquired significant experiences in dealing with the disabled and allegedly meeting their needs. And more importantly complying with the law on an expert level.

 

You need to understand that I already see you as threat to my health and to my life.

And the reality is, you are ok with that.

 

And it does beg the question as to how many other tenants life spans have you shortened by your negligence and irresponsibility, by conducts of omission and commission, by your perpetual violation of the ADA and the constant volley of threats you launch at people.

 

People just like me?

 

Specifically involving, including but not limited to: 1. [3:12] Residential Facilities Covered by Warranty: Within residential premises, the warranty of habitability is wide-reaching. It covers each tenant's own dwelling unit, and also all common areas—including hallways, stairways and the common grounds (cf. CC § 1941.1, discussed below). Thus, failure to remedy a prohibited condition on any part of the premises may amount to a breach.

 

 

2. Conditions Covered by Warranty

a. [3:13] Civil Code § 1941.1 “untenantable” dwellings: A dwelling unit “shall be deemed” to be “untenantable” (meaning “uninhabitable”) if it (1) “substantially lacks” any of the “affirmative standard characteristics” prescribed by CC § 1941.1, or (2) is a “substandard unit” as described in Health & Saf.C. § 17920.3, or (3) contains “lead hazards” as described in Health & Saf.C. § 17920.10. [CC § 1941.1; see Hyatt v. Tedesco (2002) 96 CA4th Supp. 62, 67–68, 117 CR2d 921, 925]

An untenantable dwelling pursuant to CC § 1941.1 violates the landlord's duty to render and maintain a residential building “fit” for residential occupation (CC § 1941).

 

(Mold? Smoke? Other hazardous exposures? Breathing dangerous, noxious gas, Fall dangers, defective carpeting, flooring etc I will be very honest and clear about this the cigarette smoke/mold alone is severely impeding my ability to function without great suffering and health impediments, etc)

 

(In 2011, California passed SB 332, a law that heavily regulates smoking in rental properties. The law changes previous legislation that wouldn't allow landlords to regulate smoking in their rental properties. Now, landlords can restrict smoking, along with pets, waterbeds and noise. Smoking tenants may wonder about their rights in light of this new law.

 

Lease Agreements

A landlord can set the conditions on smoking in and around the rental property as long as it is clearly written into the lease agreement. Landlords can be as strict or as generous as they want. For example, one landlord may determine that there will be no smoking anywhere on the property while another allows smoking outside by the pool or in a common area. However, if the landlord does not have these conditions written into the lease agreement, she cannot enforce the smoking rules until the wording is put into a new lease agreement, such as when the current lease expires and needs renewal. The smoking tenant is not guilty of breaking the lease agreement by smoking if the wording is not in the lease agreement he or she signed.

 

Smoking and Discrimination

Smokers are not a protected class under state and federal law, so a landlord can refuse to rent to a smoker. California law is increasingly restricting where people can smoke, such as in the workplace and near public building entrances. As of Jan. 1, 2012, the law extends to rental properties at the landlord's discretion. Smokers have no rights under current state law if a landlord refuses to rent to them because of their smoking habit.

 

Smokers and Eviction

Landlords can also evict smokers who violate a non-smoking lease agreement, just like any other lease-breaking activity. The landlord can serve a three-day comply or quit notice to the smoking tenants. The tenants do have the right to appear in court to share their side of the story, and the landlord cannot take retaliatory measures to force the tenants to leave, such as turning off utilities, entering the property without notice, changing locks or otherwise harassing the tenants. The smoking tenants cannot be evicted from the property before the court orders it.)

 

(1) [3:13.1] Affirmative standard “tenantability” characteristics: The specific affirmative standard “tenant-ability” characteristics are:

(a) [3:14] Weather protection: Effective waterproofing and weather protection of the roof, exterior walls, windows and doors. [CC § 1941.1(a)]

(I.e. Two broken windows 8 months to repair. Retaliation, discrimination, Affirmative standard “tenantability” characteristics )

 

(b) [3:15] Plumbing and gas: Plumbing and gas facilities that conform to state and local law at the time of installation, maintained in good working order. [CC § 1941.1(b)]

 

(c) [3:16] Water: A water supply that produces hot and cold running water and which is approved under applicable law. [CC § 1941.1(c)]

 

(No significant, or reasonable, cold water in the any season especially detrimental to showering in the summer time. Leaving to many issues not limited to, higher utility bills being forced to be nearly completely dependent on hot water.)

 

(d) [3:17] Heating: Heat that conforms with applicable law at the time of installation, maintained in good working order. [CC § 1941.1(d)]

 

(Highger utility rates here as well from use of other heating devices)

 

(e) [3:18] Electricity: An electrical system, including lighting, wiring and equipment, that conforms with applicable law at the time of installation, maintained in good working order. [CC § 1941.1(e)]

 

(Blown fuses, periodic blackouts, smoking or charred outlets, including small ones that likely indicate potential fire hazards)

 

(f) [3:19] Clean and sanitary premises: Building, grounds and appurtenances that, at the inception of and during the rental period, are clean, sanitary and free from all accumulations of debris, filth, garbage, rodents and vermin. [CC § 1941.1(f)]

 

(This never happens here, never)

 

(g) [3:20] Trash facilities: An adequate number of appropriate garbage and rubbish receptacles, kept clean and in good repair at all times, beginning with inception of the rental period. [CC § 1941.1(g)]

 

(h) [3:21] Floors, stairways and railings maintained in good repair. [CC § 1941.1(h); see also Knight v. Hallsthammer (1981) 29 C3d 46, 58, 171 CR 707, 715, holding that it is proper for the court to give CC § 1941.1 as a jury instruction]

 

(No)

 

(i) [3:21a] Locking mail receptacles a locking mail receptacle for each residential unit. [CC § 1941.1(i)]

 

(No, not for over 5 years)

 

(2) [3:21.1] “Substandard” dwelling (Health & Saf.C. § 17920.3): Any building or portion of a building, including any dwelling unit, guestroom or suite of rooms, is deemed substandard under the State Housing Law (and “untenantable” under CC § 1941.1) whenever a proscribed condition (below) exists to the extent that it “endangers the life, limb, health, property, safety, or welfare of the public or the occupants.” [Health & Saf.C. § 17920.3 (emphasis added)]

The conditions proscribed by § 17920.3 are exhaustive. By way of example, they include (but are not limited to) inadequate sanitation, structural hazards, any nuisance, wiring defects, plumbing or mechanical equipment not in compliance with applicable law at the time of installation, and faulty weather protection. [See Health & Saf.C. § 17920.3(a)-(o)]

 

Etc, etc, etc, Super slow leaks from the bathtub, bathroom sink, worn away splash guards, resulting in repeated injury, some small, some serious)

 

As just one small example: Mario in the company of Marcelo, (when I moved in, who audibly laughed) informed me that they ”--knew the heating system was not working-“ and other issues) but declined to ”--repair it without a red tag--“

 

Their reasoning, when LIGHTLY pressed was ”--we just do not do that here--”(Demonstrating custom, practice and policy) Additionally, when I asked them for assistance with my wheelchair they made the same statement: ”--we just do not do that here--” demonstrating their awareness of my disability and their hateful, angry and discriminatory attitude towards my disability.

 

But they did this to punish me (perhaps selectively enforcing policy custom and practice. You know using it only to target those that are perceived to be ‘upitty”)

 

To punish me for stating my ADA reasonable Accommodations as well as pushing back on their punitive demand for red tags and citations by the Department Of Health; in order to (be forced) comply by with laws, codes and ordnances etc.

 

They laid out the rules on day one, you want your rights met? Go Fish.

 

IF you do not get it: To be so openly defiant of the law and in effect confessing, indeed bragging, tells me that it was certainly a custom and practice and the culture here, if not in fact an out right directive from all of you.

 

Again the pattern is clear of policy practice and custom by you.

 

This alone reveals plenty about your Axis of evil, (Wyvernwood, Thruman LLC & FPI Management) and certainly set your standard of treatment by your workers, your security, your management, your contractors and visitors here.

 

Though permit me to momentarily digress as I will not (NOT) attempt to cover all the numerous problems here as again, it would take much, too long to delineate--and cause this notice to you, to be 100’s of pages in length-(rather then simply apx 110) - though, it should be noticed that in submitting this notice to you I relinquish no rights--what-so-ever.

 

As Frankly, the original form, (Submitted to organizations like HUD-and is also greatly impacted by the limits my disability causes) as I was provided with, did not permit enough room, for this frankly, overwhelming list, (no single or perhaps evens series of complaints, nor letters could cover everything, it just can not be done. Not in any way that I can figure out anyway.)

 

In other words (for example) the HUD form doesn’t even come anywhere near close to me being able to list the all of problems listed here. I expected it to take many months and me having to submit multiple letters and notices to them, perhaps in the dozens or even in the 100’s range)

 

So do NOT expect the notice you receive from HUD (Nor anyone else) to be complete.

 

Further It also should be noted that I have already refiled some of my numerous complaints with HUD and other agencies about the horrible treatment i have received here for over a decade now-

 

10 years of abuse. 10 years (and it has STILL not ended..

 

(it takes on a new or ‘modified’ form but it just never ends) - It is my intention that once a new investigation is fully initiated that I can amended it to include each and every violation that I have experienced under the auspices of Wyvernwood and the two other entities listed previously, including but not limited to, that you and your cohorts are guilty of hates crimes; (and perhaps worse) Plural not singular.

 

But let us get back on track here: (If that term can even be used here)

 

Wetting of hallways (on BOTH sides, stress stress, stress), encouraging the growth and breeding of mosquitoes, providing dangerous and slippery common areas, and generally dirty and dangerous property -- inconsistent and unreliable hallway/common area lighting-- etc, (I am being generous here)

 

As for the Mosquitoes they can likely transmit COVID, but we know they CAN transport other disease:

 

As a small example: Zeka Virus, malaria, Yellow fever, West Nile Virus, Dengue Virus, encephalitis, etc. All of which, considering my numerous disabilities, can certainly finish me off if not simply drastically make my disabilities even worse.

 

IF You folks FOUND a man hanging by his fingertips off the edge of a cliff you would initiate your “rescue” pouring honey and red ants onto his digits. And then arguing ‘well we didn’t force him in a position to be hanging off the edge of a cliff.’

 

Yet, when you have the chance and opportunity to mitigate the dangers to me ( as well as to other tenants, visitors, guest, children, employees and contractors, (you either delay, deny or performer highly inferior or inconsequential, and incomplete readies or some ‘Cornucopic’ combination of them all)

 

And worse you do not even comply with even the minimum standards as expressed by law, let alone strive for any sort of excellence that I can perceive regardless of any stretch I may intellectually undertake. .

 

I believe a serviceable example of this is that you have consistently failed to appropriately mitigated pests (mosquitoes,rats, mice, roaches, fleas etc) (i.e. puddles, excessive water) and even the most obvious dangers (trash, refuse, garbage, debris, etc) that they present to any reasonable person, exercising reasonable care, (falling, tripping, sliding, twisting ankles, injuries to ones back).

 

In fact you have allowed and permit and encouraged the growth, the spawning and the proliferation of such disease ridden vermin (simply by allowing these environments to exists, allowing tenants to wet and disrupt the area themselves and assigning your employees and agents to perform and engage in the same kind of behavior, etc) .

 

The number and the danger of these pest, overall, have remained at constant as well as persistent dangerous level, (for the entirety of my time here) particularly in my hallway and in fact in front of my units door.

 

This is and has always been, a huge disruption to my life and is hardly in line with my ‘quiet enjoyment’ as well as potentially a host of other violations (even if we fail to consider my safety) . I have repeatedly pointed out the dangers and hazards that the standing water (and puddles wetness, what have you) in the hallways, (even the stairs and hand railings, etc, at times my mail box) your permissiveness and neglect have allowed, permitted, tolerated and encouraged your workers and residence (and other agents, facilitators) to unsafely ‘wash’ and flood (slick and otherwise wet) the hallways, highly rarely (I believe once in my entire time here) ever posting “slippery or wet” signs.

 

And never In a conspicuous, legible or otherwise accessible way or manner (I would need to turn down the hallway for example, being already in the water, wetness before the sign coming into view (I mean, for that matter why one one sign? So even in your singular success, you failed).

 

But in keep with Wyvernwood’s ET AL, exceedingly low, negligent standards.

 

Moving on; There have been numerous times you have shut off my power and water without adequate notice, or indeed any notices at all, sometimes, well after the fact.)

 

This is, as you know a violation and does once more display your low association with complying with rules laws, ordinance and common courtesy and further spotlights your disdain for all things reality to property ownership and the people that reside here.

 

Or perhaps I am the only one you neglected to inform on a consistent and timely basis?

 

But let us move on, as you know I have vision ‘issue,’ including but not limited too, only being able to ‘see functionally’ with one eye.

(It is called Monocular vision --sight in one eye)

 Experts state ” People can also find that their eyes can become tired sometimes after very little effort as the eyes are trying to work to make the best of the remaining vision.”

(You can not even maintain consistent hallways as well as indoor lighting for me even to this late date. Has this caused me both stress and physical injury? Yes. Multiple times.)

 Experts advise “However, you may find it helpful to take regular breaks from these tasks to prevent your eyes from becoming tired or fatigued” (but dangerously in this stress filled and obstacle ladened property)

(I follow all of this tip with limited benefit): Practical tips

Here are a few ideas that you may find useful to incorporate into things you do every day.

• When putting a drink down, place the other hand on the table or surface, then place the drink next to it.
   
• When pouring liquid, gently rest the lip of the container on the rim of the cup or glass. 
   
• It can be difficult to judge the last step on the staircase. Move cautiously, feel ahead with your foot and keep a hand on the banister or handrail.
•  
• (Adequate sate light, non flooded or slippers and otherwise dangerous common areas i.e. hallways stairs, free of trash, debris and other obstacles, safe hand railing, unwetted railings. Would also obviously help in this.)
•  
• (Though for years there were bolts, nuts and sharp edges hanging out of the railings, also broken defective or in reality would not, could not, function as a safety nor guide out of the darkness mechanisms)
   
• You may find it useful when crossing the road, to stop at the curb for a while to gauge the depth of the curb and the distance of vehicles before crossing. (curb cuts and denying use of my wheelchair and ramp and be permitted to have a comfort, seizure. Guide dog.
•  
• To any reasonable person this of course would have all mitigated my falls and the level of injury I have suffered here because of their denial. In fact you have done everything you could, short of tripping and pushing me, to insure that my environment is as dangerous as possible. No matter how many precautions I endeavor to take. How does the collection of this actions, by co mission and omission not be construed as deliberate? I mean are you folks really THAT INCOMPETENT?)
   
• Experts additionally recommend:
•  

In crowded areas, some people find that walking with a partner or against a wall on their affected side prevents them from bumping into other obstacles.
 

• You may find you have to turn your head more to see things towards your affected side. 
•  
• YEP, My monocular vision is just one more risk factor in making fall risks that much more real for me. Again my attempts to mitigate my risk have been repeatedly and constantly, negligently, discriminatory and in violation of the ADA and other laws, been denied to me on a consistent habitual and discriminatory fashion AGAIN> do you really believe that a comfort, seizure dog would not have assisted me?)
•  
• But who cares I am “Mr. Sucks,” right?
•  
• (Did you admonish him or stop him, punish or fire him for this hate crime and/or violation of your company policy, custom or practice? Of course not and this lack of action WAS indeed a single to others how to treat me.)
•  
• For all intents and purpose you have and did in effect booby trapped my environment.
•  
• I can accurately report, this is by far the dirtiest, filthiest, property I have ever personally seen or been aware of.
•  
•  

I believe it is defined by the state of California, “That you may still be able to drive a car or motorcycle if your other eye has good enough vision to meet the legal standards set by the DMV, and you have adapted to the sight loss in one eye.” Or words and ideas to that effect.

•  
• I do not meet the legal standards (other eye has good enough vision) and am no longer able to adapt to my visual and other issues and concerns.
•  
• But I am not permitted to do so, at this point as I have multiple disability issues that disqualify me from driving.
•  
• If I remember it was in 2001 that my then treating physician told me to ”--not renew my drivers license--“ as If i ”--tried he would issue a notice to the DMV that would legally prohibit them for issuing you (me) a Drivers License.”
•  
• For me, this was in effect, medically suspending my license. My doctors was very serious and I knew he meant-- it was then that I truly started to realized just how ill i really was---
•  
• I fought it and was in denial of its full impact on my life for years--
•  
•  

Further, I will remind you (and insist that you end your largely useless and neglectful) practice) that sending me e-mail is virtually useless, that as I have repeatedly told you and your staff, that I do not have any form of consistent or useful inter net. Therefore sending me any kind of notice there (E-MAIL) will not reach me in any sort of timely nor consequential manner.

 

But to add insult to injury (as you overwhelmingly do), utilize, a size and type of font ‘print’ on your written and/or e-mail notices to me are generally unreadable. (I believe you have only complied with my ADA reasonable accommodation of this request ONCE, So this also documented by letter sent by you to me, many years ago)

 

Again putting on display, your unholy trinities attitude and negligence when dealing with me as simply a tenant but also as a disabled one,

 

as once more your actions convey your scorn for me being disabled..

 

But let us move on: and briefly revisit a previous issue;

 

We also well know the troubles that roaches and rats and others pests (and their feces) can cause, including but not limited to, upper respiratory issues and infections which is of serious concern to me to troubled oxygen levels. (In fact I would describe such issues as widely debilitating)

 

Oh and by the way your non working and dangerous stove did serving as an excellent house for the various vermin that you breed, (On one occasion Marcelo was very angry at my reports of pest, hastily showed himself and pushed 6 mouse glue traps into my hands and told me to “have fun.”

 

He did not even give me my intrusions nor advise on how to be utilize them. Gain refiring to me as ‘Mr. Sucks”

 

Highlighting once more your disdain for tenants and your disdain for me as a disabled person (or do you believe that any tenants especially a disabled one, is best able to set mouse traps on their own? And how exactly is this pest abatement, and how exactly is this my job?

 

But let us progress:

 

Within the last year or so; your maintenance manger Gabriel, along with other workers, did witness them-these various pests- residing and existing there-in your non working paper weight, illegal stored, denied of of an appliance agreed to in violation your lease, stove, rat, roach, mouse hotel.)

 

I hope you charged them rent.

 

To circle back Storage fees for the non working dangerous stove are still owed to me.

 

 

I mean your theory is not that 1) the stove is included along with the rent, even if it is a) red tagged) b) dangerous, c) non functional, d) home for rats, e) home for roaches, f) their toilet,

 

That I should still pay for it right? Despite it dangerous useless to me? Again demonstrating the custom, practice and policy of 1) how you treat me as a tenant, 2) how your treat me as a disabled person.

 

Who would want or need such a dangerous and disease causing giant, no working, non functional paper weight?

 

And you folks stuck me with the vermin and the non forking stove and heating system, (5 times red tagged) Why (again) Because and Of course you do because Marcelo, Mario, and Mrs. Casa wanted to stick it to me, to retaliate against me for filing complaints with HUD and others in a demanded for my legal rights under the ADA and other laws.

 

Think about it, you are not going to flat out tell me that you are going to work hard to make your actions seem reasonable and fair, but I would stress that upon examination that so many events, so my violations clearly delineated an obvious, unavoidable pattern and conclusion.

 

But you can go with incompetence and negligence and fraud and theft and endangering my life and health if you want, and breach of contract, too. As for My beliefs? It was was and is all of these.

 

As you are abusive and discriminatory as you are greedy.

 

Again, and again these serious threats that you create and/or permit constantly and repetitively endanger me where and when I am most vulnerable.

 

Only upping the risks to me, as well as seriously and dangerously impacts my breathing, my balance and makes it, not only much much more likely for me to fall, but in reality has contributed to the falls I have suffered here.

 

These few issues alone have not only resulted in serious injuries to me but have also resulted in repeated and excessive minor injuries; such as, including but not limited to, REPEATED; accumulative, twisted ankles, turned knee, strained injured calf muscles, back wrenching, and injured bruised toes, etc.

 

Which has only significantly accelerated the decline in my health-- simply if your property was maintained, with even a reasonable level of responsibility, and due diligence, my propensity to fall would have been altered-and i believe wholly eliminated.

 

I am saying the unholy trinity in, effect simply, not barring me, for taking my vast safety precautions I.e. Carpeting, use of wheelchair, use of wheelchair ramp, permitted a comfort seizure dog, along with reduced stress, may have ALONE eliminated all of my falls.

 

Now combine that with poor lighting, non working inside and outside, garbage trash, debris, soaked walk ways, watered down hand rails, vermin, filthy common areas, employees and other blocking walk ways etc, it is a virtual certainty I would have not fallen at all.

 

Now I must live with your years of abuse and discrimination, spurned by relation and your obsessive need for revenge.

 

(As How well do you think anyone’s body fair after a decade of sustained and repeated abuse?)

 

Just imagine if rather then being constantly and repeatedly bombard by injuries that you caused that instead I would have been allowed to exercise all of my rights under the ADA (timely and consistently) as well as other rules and laws, where would I be now?

 

and imagine additionally you would have taken good care of your property, and compelled your employees, management and contractors to follow the law and to do the right thing?

 

what would have been my prospect for a good or better life may have been?

 

For me it is impossible to imagine, to conceive in any way, that my life and health would not have been radically, improved.

 

I would tell you allowed such an opportunity to rest, heal, and by extension reduce the number of seizures you forced me to be submitted to I would have significantly experience healing as opposed this steady consist, habitual decline.

 

I am saying it is very possible that not only would I have MAINTAINED my health but in fact very likely IMPROVED my condition.

 

What has your own doctor even told you about proper rest and reduced stress?

 

But no your attitude is that I am disabled anyway, (and ‘uppity’ one at that) so screw me.

 

What you do not seem to understand nor care about is that You can not, through omission nor commission, plant, nor leave banana peels in front of my unit’s door because I “would’ve have fallen’ or ‘likely to have fallen anyway’--

 

And I am saying that EVEN IF IT IS TRUE.

 

This is a sick and demented and highly cynical point of view, Which perhaps not ironically, your behavior has went a long way in depriving me of oxygen has OBVIOUSLY only significantly contributes to my lack of balance, (not obvious, no?) as a lack of oxygen only makes you more unstable, suffering from poor coordination and can and does lead to passing out, (OBVIOUS)

 

Passing out is another way of saying falling down,

 

How is participate in this any better then in the act of cutting a drunk driver’s brake line because he is drunk anyway-- In other words you can not by an act of omission nor commission make my life even more dangerous simply because it is already dangerous--

 

Why not, by this logic and travel to and from various hospital and choke people on ventilators as they are having a hard time breathing anyway or to be even more cynical, will die anyway?

 

That’s the commission part right?

 

But the omission part would be shutting off the circuit breaker so the lights go out in the hospital and by extension the ventilators keeping people alive--or maybe you see it as simple not paying your electric bill as cause the Power Company to discontinue services?

 

I would tell you that you do not have to specifically know, the absolute specifics, of you conduct or lack of it if you realize it will be demonstratively negative and/or damaging or harmful.

 

 We can easily apply the term of ‘foreseeable’ here.

 

(And this is not even considering how Your shared philosophy and practices are both disturbing and bizarre as is your purported logic)

 

The energy demand of me, the time demanded of me, to fight for my rights that I should have without any battle let alone what feel like a literal fight to the death, not have to only exacerbates my condition making it dramatically worse, draining me of my life and energy and manifest great creates stress which makes it harder for me to breath and creates the environment to increase the number and intensity and duration of seizures I have every day--ALL known risks factors associated with SUD.

 

You folks are like people that throws a drowning man a 100 lb rock, no, you did not toss him in the river, no. you did not initiate his drowning, but you sure as hell helped finish him off.

 

Which leads me to ask you this:

 

WHY, WHY? Do you even want this place when you so obviously despise it and are incredibly incompetent at managing it?

 

Is it just so you can exploit and abuse people like me? (I guess so, huh?)

 

But if you insist, on one more time being invested into explaining to you the litany and wild cornucopia of problems here I will endeavor to do so again, knowing I will fail.

 

I am destined to fail in eliciting any change, any movement on your part as you simply do not care. And there is no substitute for giving a d**n.

 

(Hence this why I am once more FORCED, against my will, to file another complaint with the pseudo semi competent, vaguely caring, ‘minorly’ competent, highly pro landlord; of HUD)

 

 Still You miss AGAIN, the obvious that what is not and can not be presumed true is that such vicious negligence, your insufficient and willfully negligent managing, consistent mis-handling and bungling of this property, can and does (DOES) elevate the level and severity of the injury I would likely have normally suffered anyway. “If not but for;”

 

In other words the stuff you do and do not do certainly increases the number of falls I suffer, increases the severity of those falls, increases the number of seizures I suffer from, the frequency of seizures I suffer from and the intensity of the seizures I suffer from.

 

I would likely not be CURED without you BUT I am MUCH worse; “If not but for;” you.

 

As a sliver of an example: some of my many falls, many of which were not your fault, the majority of which, perhaps even were not your fault, it is difficult to gage with all the wear and tear and abuse you have laid upon me.

 

But I ‘minorly’ digress: a few of my falls that you caused ( I am being kind and generous as I wholly believed if you have permitted my ADA and not driven me so crazy and been so wildly abusive causing me seizures setting up boobie traps everywhere, committing to responsible and well executed repairs I very likely would have never fallen. More than that I should have had the chance out find out)) .

 

1) involved you directly flooding my apartment with an external hose directed by your employees into my unit (and substandard non complaint flooring, etc) (these description are not intended to be complete) 2) the other was due to poor repairs (and neglect) to a slow leaking toilet, poor flooring etc. Yet another was a divert in your wood flooring and no carpeting to break my fall.

 

Another fall was due to your denying me the repair of my bathroom window (debris, weather, despite my best efforts), Threats from your security were present, your repair department was contacted and declined repair for over 8 months.

 

Yep 8 months . It was always scary to call for repairs as I knew the threats were coming, the retaliation as coming and security would even show up (hands on their holsters) with and/or without repair personal. And I always, always got the message.

 

Who the hell wanted to call you? As it only got scarier and scarier and often result in losing our rent checks, eviction notices, general harassment, or ineffectual or non existent repairs.

 

Did I REALLY believe I might get shot by security? Sure I did.

 

I know, I know I am absolutely certain you would have been both much braver then me and would have had a sure fire solution to this kind of threat.

 

And I’ll even assume for the sake of argument that you would have, well in this instance call me a coward. I was scared. I retreated.

 

So I take my hat off to you, for your significantly superior solution to mine.

 

But circling back about t these few falls as These do not even consider nor attempt to roughly estimate any injuries that took place on your grounds and property, meaning outside of my unit. In other words, I am only describing a few of the injuries I have had INSIDE MY APARTMENT.

 

And at this moment I feel too sick. too tired, too worn out, that i am not even sure I can remember them all (my falls, my injuries) right now without referring to my incredibly long diary and voluminous records.

 

Still I must remind you that what you folks do is no better logic then putting obstacles in front of a blind person because he is blind (ironically I am partially blind and have had several surgeries to my vision) and then shrugging your shoulders when that person falls and then arguing well “We did not push them down.” Or filing down a persons ice skates, without their knowledge or consent, and then arguing since they accepted the risk of stepping on the ice, as we all know ice is slippery, therefore it is there fault.

 

(To clarify I use these terms as the civil standard; you know the whole of ”--is it more likely than not; you know “by a preponderance of the evidence” probability thing on whether something is 51% ‘true’, right, correct, more likely then not, or whatever--

 

You get the picture.

 

But I will remind you, and underline, (because God knows you need my redundancy) that such ideas and terminology are not intended to express my personal point of view nor belief. As I already stated my personal point of view revolves around a certainty of 100% as well as examining and following your flawed and deeply disturbing thinking pattern and prioritization to to its end)

 

But let us progress as there is so much to cover (and I will only perhaps manage to get to 30 %--maybe)

 

The fear is real, you know, of me leaving my apartment, the threat of falling, it is very tangible that you trinity of evil (Wyvernwood, Thurman LLC, & FPI Management) to participate and contribute to this fear or risk on any level, what-so-ever, is to engage in a very high level of cruelty and something that is elevated far above mere negligence.

 

The FEAR itself, and you creating, fostering permitting, is tantamount to intimidation and retaliation.

 

One might reasonable calls (you know this hodpog of ugliness that you have started and never managed to stopped doing) that this deliberate mental abuse, as 1) it is forceable 2) it is deliberate 3) avoidable, etc.

 

What could possible be the motivation of moving a (as an example) 50-50 risk to a 90 percent risk? What is the benefit of making an injury from abrasion or boo-boo to a gash on my forehead and the need for stitches, with an accompanying concussion?

 

Why do you insist at picking and pushing sticks into at all of my scabs?

 

As all of this does warrant the other elephant on the property, Why make a very difficult life impossible? What could possibly be in it for you?

 

Sadly I am not a psychiatrist, and thankfully the diagnosis of your psychosis is not in my job description, yet if I am forced to I think it is quite simply, nothing complicated, nothing particularly conspiratorial (that is you guys not me), it is simple, and here it is; (ready) you just do not care and you are use to getting away with it.

 

And if i get hurt so? If it is very serious and your fault? So?

 

If I die in one of these “accidents” on that is sad, But again who cares right? I am serious, other then perhaps you feeling like there might be some negative reflection you, I do not believe you care one bit.

 

Still one can more clearly understand your attitude and deportment, one might even say your philosophy of managing property grows apparent If one is to look at your reputation and your on line reviews.

 

Such an exercise acts as a magnifying glass and everything, but everything is consistent with their (and of course your) collective point of view-- No magic, no coincidence here--

 

( I am asking others to join me in what I hope to be an amended, collective, comprehensive HUD complaint. Including both past and present tenants. If i can accomplish such a feat remains to be seen, However, let the chips fall where they may and please Take this as your notice.)

 

The review also inform me as has my own personal experiences with you that You want to make as much money as you can by performing the least amount of work possible.

 

For your tenants are nothing more than an annoyance, a pesky yet necessary evil and something you wish you could get rid of and still cash our checks-- (yes there is prejudiced and discrimination, ALOT, but that it not your first love, that is the what i call the “Lazy green.’ Your motive is perhaps a 49-51% split. Yet either side remains significant and compelling)

 

But let us continue to move forward:

 

Your purported ‘Apartment repairs’ are always suspect as they are deteriorating (Again, again, again) as usual--which defies any logical reasoning. (Except for terrible ones perhaps and again your online reviews bare this out.)

 

I strongly suspect that these issue of ‘deterioration’ that the unit is experiencing is not an issue of workmen ship but indeed, the deliberate constraints imposed upon, by you on your repair personal, as well as the inferiority of the products they are relegated to using-- (that “lazy green” again).

 

I am absolutely certain they (your alleged repairs) meet the absolutely low standards of the minimum allowed by law, but that is the Trinity’s MO isn’t it? To do the least, pay the least, while extracting the most from you tenants.

 

Lazy green. We know slum lords make the greatest percent on margins of profitability. (Beside folks in Beverly Hill can and won’t and have the means to not put up with your crap)

 

Yet, maybe I am wrong, maybe the goods and supplies that you utilized to institute ‘repairs and maintenance’ and the properties ‘upkeep’ as well as safety standards, in my unit, do not, in fact, meet with, nor conform to, the minimum standards, as allowed by law?

 

Well, do they? It would be an interesting issue to explore.

 

Considering the danger they create I suspect that the answer is other than yes. (I mean we do have, what, 5 annoying red tags? Any of which could have easily resulted in my death and definitely making me ill. And I believe they have made me ill).

 

For the air around here and the connecting vents and walls and floors can not adequately, nor effectively, nor without consequence, contain such a toxic brew of leaking or otherwise permeation of carbon monoxide (natural gas) mixed with second hand smoke.

 

As it is well understood that such a noxious stew does not ONLY effect the unit I am in as Carbon monoxide can not be contained by walls nor by vents much like second hand smoke can not be, but you know all of this.

 

In fact experts have reported that such ventilation systems, in fact, as agents of transport for such in door smog.

 

Right?

 

To be clear As I am not only forced to contended with what ever poison I have already taken in by attempting to use the heat and stove (or perhaps even its mere existence in my unit) but also the exposure from the surrounding units located near me,

 

What I am saying is that even though I have been denied safe, effect heat, other around me might not also be “sending” me their toxic fumes, but may be doing so at a level that is in violation and be exhibiting dangerous, though perhaps not immediate lethal dose of poisonous gas, don’t you think?

 

Remember Mario told us the reality, the custom and practice, (the company policies) of all of this didn’t he? “No red tag no repairs doctrine”? So how many folks even thought of requesting such an inspection? I doubt many if any.

 

Most of the people here, and you know this, are not going to make any waves, and yes you well know why.

 

You have zero problem gaming the system everywhere and in every time you can.

 

But that is your custom and practice if not your outright policy, yep there’s the handbook you tell everyone to read and there is the second much darker version which is kept cleverly out of sight.

 

Yes it includes such things as’ (do the bait and switch, discriminatory, not honoring my Reasonable (ADA) accommodations, risking peoples health and lives, creating and allowing physical danger, physical threatening people, intimidation, constructive eviction, invading people privacy, trespassing, and retaliation, threatening to keep deposits, etc, etc, etc)

 

I mean why not? We got 2 leases (actually I believe there are 3 versions, one which was obviously and clearly and poorly altered, one I did not fully recognized and the one we signed and never received a copy of). (further Marcelo & Mario provided 2 lease not one at different times-- sighting ‘corrections’ or whatever both of which was, maybe, signed by me)

 

Further, there were two deposit memorandums, its your pattern.

 

One which Marcelo and Mario tried to pass off and the one they eventually gave us. I did find suspicious that Marcelo and company, from the jump were acting so cagey and suspicious, and were reluctant to write the deposit down and provide a receipt and connected documentation accompanying it,

 

It is also clear, at least to me, that if I did not call them on several concerns, I would have been left with something that was not, well let us be nice, ‘accurate.’ Yet, strangely beneficial to you.

 

I will be very honest with you if I was not feeling so ill during that entire week and feeling so desperate ( your speciality) that entire thing would have assuredly gone down much much differently.

 

My point is: if my state and situation were different--and frankly I blew it, as I was in over my head and did not understands quite what they were doing or why they were doing it.

 

I was swimming with sharks and they rightly smelled blood in the water. Plain and simple’ they won.

 

I am certain that many of your bait and switches are not even documented (based on my experiences) as you know full well how to manipulate folks. You know the whole “Oh I am sorry that I thought that apartment was available but it is not, oh so sorry, BUT you can have this (crappy) apartment here--“

 

And we all know that the overwhelming majority of people (if not, indeed everyone, will say ‘well one apartment is as good as the other’. And case closed, yes just that simple. No documents, no signatures to support anything.

 

(I mean they did try HARD, not to give me anything either--Wyvernwood has always been sketchy with their documents)

 

But as your luck and my misfortune would have it, I had an excess of nasty rude seizures in that time period. (not too unlike now). Both Marcelo and Mario had comment how ‘terrible’ I looked. Which felt more like mocking than concern. (and they tried to use this, to press their advantage, in order not to give me the deposit memorandum, as it was not some rectal small document, but a standard 8 1/2 by 11, document)

 

I thought little of it at them time (I long knew who they were) and just wrote it off as an unfortunate par for the course. You know the deal I had to make with the devil if I did not want to be homeless--(and besides--- I try to give folks the benefit of a doubt.)

 

So, I blew it, I was mistaken again.

 

As neither of them were trustworthy, not even in the minimum, but you live, you learn, but at least I try. (Even Mrs. Casa from FPI management admit this to me in a candid conversation with me)

 

Still I am Not sure what their excuse is. Where, your Holy Trinity, All failed to provide him/them with proper supervision and/or training and it shows and it showed.

 

How to you explain failing to properly supervise them and properly train them?

 

But I, in the minor, digress.

 

As However, I believe it is important to note that your ‘repairs’, past, present and future (?) are overwhelmingly and consistently present themselves as terminally temporary--

 

or one may chose to look at them as something with a much too short expiration date.

 

And on that note it does lead me to the stark reality that It is hard to experience for example: “Quiet Enjoyment,” with such a hostile, dangerous environment of both interior and exterior property as well as common areas, here.

 

You understand that it is impossible to ‘enjoy’ anything here let alone ‘quiet’ or otherwise when you see and experience the danger of this obstacle course turned perpetual and a permanent medieval gauntlet. Or yet indulge in my broken, shattered, warranty of habitability--

 

My apartment complex is not suppose to American Ninja Warrior, nor King John’s castle surrounded by an alligator mote.

 

There is absolutely no way for me to avoid the danger (s) (trust me I always try and will continue to do my level best) , not inside nor outside-- with my highly vulnerable and inflexible body it is generally and overwhelmingly impossible for me to circumvent all of the dangers.

 

Whether I go outside or not.

 

Actually, my being alive proves and demonstrates the effort exerted by me to simply survive on a daily basis.

 

Oh its an exaggeration? The reality is one fall and I am dead, one bad seizure and it is over, my oxygen goes too low and I am done.

 

The danger to me can not be over stated.

 

Sure despite all of this I am strong.

 

But strength is not the qualification here, it is much more important (living on this property) to be able to dodge, to jump to hop, to skip, to have exceptional balance, to have fully function legs, great vision, to be lite on ones feet, or some combination there of.

 

As I have none of these as I am in far more danger here fortunately, then the vast vast majority of your other tenants here--

 

And to be accurate here for most folks a simple to mild, twisted knee or twisted ankle is not great but not that serious either. For me each one, each little injury, inches me closer and closer to the straw that breaks the camels back, because each one of these break one of the camels backs within my stable.

 

Each one moves men closer to that precipices of unrecoverable and possible fatal tragedy.

 

Each wound makes it drastically harder for me to function, to move, to ambulate to get out of bed and less likely and able to avoid the next danger, as each injury makes it far more likely that my next one will be more serious will be more detrimental.

 

But I doubt you folks can grasp such a concept but I am required to tell you anyway.

 

As you have zero right to take a day off of my life let alone a week or a month or a year.

 

And your lawyers are frankly willfully ignorant or completely uneducated, (at best) as far as this concept in concerned, nor do they understand my issues with balance or of falling. For them it is funny, it is a game, it is something to attack me for, to discriminate against me for, to express their bigotry towards.

 

Yes, I am saying your attorney are every bit as engaged in discrimination as you are.

 

As Dr. Do told me, ”--the single best indicator if someone will fall again (and was injured particularly a head injury, I.e. A concussion) IS IF they FELL BEFORE.”

 

I was also told but other neologists that if you had a concussion you are much more likely to have another, etc etc etc. And that goes for a torn shoulder too as you now must over compensate with your good one. You know you can not lift equally anymore so you place to great of a burden on just one side of your body) But some folks are just not that smart.

 

Or simply create fiction to serve their own agenda. Trust me I clearly understand that you and your ilk and breed are master bullshitters and it is exceptionally difficult to defend yourself against the kind of people that you all are.

 

After all your employers and abusive contractors are not going to stand against you, most people do not posses that type of courage.

 

You also do not understand that I survive all that I survived because I am flat out tougher than you, and have more guts then the likes of any such as your kind can comprehend.

 

As that is the typical mistake that your kind of folks make when you look at me, you watch me and tells yourselves that: ‘I could do that if that happened to me’

 

Forgetting, something critical; that I am not you, if fact I am well beyond you.

 

I am certain that people like you wont not have survived 10% of what I have and are frankly envious of what I have been able to achieve and overcome IN SPITE of my life. For you look at me and can not begin to understand how, with all I have been through, how I can accomplish anything that I do.

 

It is a mystery to you--Why?

 

Because all of you look in the mirror and know such feats, such accomplishments, would be impossible for you to achieve if our circumstances were reversed.

 

But this is not a justification of your hate jealousy and discrimination against me. .

 

For you see my success as proof of your failures.

 

It is true that a lesser person would have highly likely died when I fell from the toilet leak (etc) and was left knocked out cold and bleeding profusely.

 

The reality is that while I pursued the treatment of that single injury (the flooding of my apartment with a hose by you) I suffered 2 perhaps much more serious injuries.

 

How tragically ironic that you actually BENEFITED from being wildly negligent., you got away with causing me 3 injuries all for the price of one. Bully for you. Congratulations, I hope you are proud.

 

(The other injury was smashing my knee in the pole in the middle of the unlit walkway at night likely tare my miniscus. A pole which you realize was in stupid idiotic and dangerous location so you removed it. And that is where I also suspect you finally put in much more serious WORKING, FUNCTIONING lights in that walk way.)

 

As you proved that having the truth on your side is MUCH less important than possessing a knack for B-sing. And also proving that Optics can serve you better then reality, which is something you have been very successful in trafficking in.

 

But let us circle back to this very serious issue of SUD.

 

(Remember Jet Travolta, who died due to NO FAULT OF HIS own, fell in the bathroom, also had seizures and died. I am using this example to highlight how dangerous this condition is and how no one is immune from it.

 

Let us be clear this does not now mean, Like Marcelo & Mario (et al) believe, that since I am disabled anyway this is somehow a warped and demented green light that permits you to discriminate against me and make my environment as dangerous as you possible can.

 

As it is not uncommon for me to have to avoid significant amounts of broken glass, beer bottle and liquor bottle tops, collections of cigarettes buts (which is slippery), trash, garbage and debris of all types and kinds.

 

To say it is an obstacle course for me is no exaggeration. So here is another area where you dramatically up the danger quotient for me.

 

But let me digress yet again and circle back to SUD.

 

To remind you SUD risk factor, I.e. frequency of seizures, loss of sleep , as all of these markers are FACILITATED AND EXACERBATED by you 3, only push me into that high risk category of dying by SUD.

 

To expand on this: Sudden Unexpected death when you have epilepsy and seizures, Just as Mr. Cameron Boyce did too. All can be connected to the huge amounts of stress you heap on me and even something as simple as your habitually interference and prevention of my ability to experience “Quiet Enjoyment” etc. Only make me increasingly vulnerable to this fatal condition.)

 

I doubt you care, but it everything i have delineated thus far is still on you 3.

 

Moreover, what must be underlined here is that yet again the poor upkeep of these premises have caused me personal, damage and suffering (both psychological and physical) and has significantly contributed to the decline in my health-- (yeah I said that above but wanted to clarify and frankly restate it so you can absorb it.)

 

But let us us keep moving as there is so much, (too much) to cover:

 

I wont be able to get to it all but I shall endeavor to make the old college try of at least hitting some of the highlights.

 

Let me therefore take this opportunity to admit that I have also incurred physical abuse, and mental anguish because your employees and or contractors, separately and or in concert, located their cars, trucks and vehicles in an irresponsible, inappropriate, dangerous negligent and discriminatory manner --to impeded and/or obstructed walk ways, commons access ways, common areas, etc, that impeded, prevented or created a hazard and/or dangerous environment to me being able to transverse your property safely all of which has resulted in repeated damage and injury to me,

 

(Death by a 1,000 cuts right? Is death by a 1,000 tiny and/or microscopic cuts any less than murder performed by any other means?)

 

When I informed him (one of them in this specific instance) of his violation of my ADA rights he initially ignored me, when I persisted (because he had was prevented me from getting to my unit and otherwise navigating in a safe manner) he became inappropriately and excessively enraged (of course ANY anger would be inappropriate, any cursing, arguing etc, Anything BUT compliance with my rights as a disabled person would be wrong. But I must add that even a fully abled body person would have been well within their rights to ask any of them to relocate their vehicles and cease and desists in their dangerous behavior)

 

TO be clear I specifically said “I am disabled and I can not get past your truck” etc (or words to that effect). This, again, resulted in injuries to me (life threatening no, painful yes. The simple question is why are you and your agents allowed to make me suffer?)

 

Yet, There have been repeated times that I requested they relocate their vehicles and they rudely declined despite being aware and notified as to my disability-- they became belligerent and have chased after me in an attempt to attack me,

 

Seriously? Chased after me? What kind of people do you employee? Are these personal friends? Family members people that you know, and if you do know them, you knew they were like this. Therefore why did you hire them? Why did you bring them here?

 

Yet in in his cruelty, abuse and in his commission of his sanctioned hate crime, criminal threat making he confessed to me that you folks had ‘no problem’ with him doing it and then began to chase and threatening a hobbling disabled, injured me.

 

It is clear this is the custom and practice and policy of the Holy trinity and even your contractors know it. They knew they had the green light to behave this ways, for most contractors and employees would not dare to entertain such sick and depraved thoughts let alone commit them.

 

In fact most sane people would’ve simply apologized and move their vehicles, in fact most folks would NOT HAVE PARKED THEIR IN THE FIRST PLACE.

 

And you doubled down on your abuse and furthered his commission of his hate crime (s), becoming in effect his/their) co-conspirators, and accomplish ion the commission of a crime or one after the fact, In this horrifying events you admonished me instead of your violent, threatening, dangerous, discriminatory, criminal threat spouting, and abusive, hate crime committing contractor.

 

Which only demonstrates your approval and consent of this type of dangerous and outrageous criminal behavior and bigoted discrimination and that it is your custom and practice and policy.

 

Your written notice to me, about your version of these events, only served to further the commission of his hate crime and criminal threats and to confess to your rampant discrimination of me.

 

With the writing of that notice you sealed your position forever as adding and abetting in the commission of a crime (hate) and adding and abetting after the fact.

 

And this is just one of the many of first dominoes that will make it all come tumbling down.

 

Consider this after that atrocious event (s) what was the likely hood that contractor (s) would repeat this abusive and discriminatory behavior?

 

The answer is; 100%.

 

So you see there are no coincidences here, this is who you folks are and that kind of folks you associate with, ducks hang out with other ducks right, but than again-- birds of a feather and all of that, right?

 

The further discrimination that I encountered habitually repeatedly is sick and demented but, yet, tragically, not shocking.

 

(In fact there are MANY events I have documented (deliberately) without reporting them to you as I refused to give you the chance to rewrite, re-characterized and frankly distort and lie about them.

 

Interestingly (and predictably) enough it went down as envision, you said nothing about any of these other attacks and abuses upon me. Not one.

 

Yes, indeed you only spoke of these disgusting, repulsive events when I reported them to you.

 

Which makes zero sense.

 

If you do not understand let me explain it to you; when I report a a discriminatory and/or abusive act, to you, you act solely in order that you can COVER UP said discrimination and abuses.

 

Demonstrating that your machine had/has NO INTEREST in finding the truth, it solely goes into action, in fact launches into over dive, in order to distort and to rewrite events in order that you might cover your own butts.

 

Beyond that you can care less who does what on your property nas such events only further your agenda of keeping me in fear.

 

It is thoroughly documented in my diary that I was not reporting these terribly abusive events to demonstrate that you only made comments on concerns and events I reported (only to create a cover for yourself and your employees/contractors).

 

There is no other legitimate explanation:

 

To reiterate, to be crystal clear: When misdeeds and evils are reported to you Your one and only motivation in responding is to conceal these hideously bad acts.

 

Again this exposes all of you as to your true intents-- as it is mathematically impossible that NOT ONE, not ONE out of over a dozen documented and recorded events did you respond to any other discriminatory or hate crime attack upon me.

 

Maybe someone somewhere will believe you explanation, as you are good at them, but you must admit this will strain credulity more than most. .

 

And what is WORSE; it demonstrates not just you negligence but you complicity and perhaps at best, your tacit approval of these acts of discrimination, abuses and hate crimes.

 

TO be clear. You, Wyvernwood, FPI Management, Thruman, LLC) did nothing to protect my rights under the ADA and other protections provided to me under the law. Not once did you interceded or intervene in order to protected me. How can you (or anyone) reconcile, when I report a vile act you have a response that supports the act of aggression, the act of discrimination, the violations of my rights,

 

but when I do not initiate the report , no one says anything?

 

No one, once, ever.

 

Fascinating. OH and just so you know I do have copy of my diary on premises but I have also sent copies to several others for safe keeping.)

 

But let us continue; Many times I was forced to go around them (your contractor & employess, et al) in ways that was painful, damaging and abusive and an act of deliberate discrimination to me, and also violated my rights under the ADA etc.

 

As that specific contractor and others repeated their practice and continued their custom, practice and policy even after that disgusting and repulsive event.

 

Ultimately turning into Yet, another unwittingly hubristic confession.

 

Your above the law attitude, that sadly is, overwhelmingly correct.

 

I suspect, these contractors behavior was also highly likely a violation of fire codes as well.

 

You should educated them of this very serious issues as it could lead to the loss of life.

 

And also further demonstrates your world of 2 laws, as security, multiple times, did not even allow me to load and unload my groceries and/or laundry and sounded their siren and flash their lights and demanded I move despite having recently told me I could not use my wheelchair in certain, ‘undescribed’ secret location, whatever the hell that is, where I was “allowed” to use my wheelchair and ramp and (as well as have my Dr. Prescribed seizure comfort dog. Remember how you guys denied that the letters from my doctor even existed, despite me repeatedly resubmitting them to you, Yeah the Sargent Schultz Strategy? For me if you were willing to lie about something so easily provable what else are you guys willing to lie about?)

 

Which again demonstrates that your discrimination of me was and is your custom, practice and policy and again reinforces that you utilize security as your armed thugs to play threatening violent armed enforcers and to assist in ‘keeping me in line’ and determine for taking actions and I will tell you it perhaps did not work every time but did work often. I certainly did not feel I had the ability to on day by day exercise my rights. As doing so could have resulted in seriously physical harm coming to me perhaps even a bullet in my back of me head.

 

(You MIGHT be surprise how many people have said to me “Weren’t you afraid of getting shot?” So I would caution you against beveling that there are not others that will NOT fail to recognize this as a part of the reality in dealing with folks like you. In fact, I can tell you, very accurately I was surprised how many times I heard this question with its accompanying sinister acknowledgement).

 

Perhaps better still, I have a very pretty picture with a security guard in pursuit of me with his hand on his holster and--wow, sick.

 

Again, Demonstrating that your support, encouragement, approved and fostered, demonstrated repeated permissiveness, to those inclined (at the very least) to discrimination against the disabled. You certainly let them know that they would be safe and well taken care of in the environment you provided.

 

It also revealers that this behavior, and behaviors like it, is not (are not) an outliner but in reality, part and parcel to the customs, practices and (perhaps) unwritten policies of Wyvernwood and the Axis (FPI MANAGEMENT & THRUMAN LLC) that the unholy trinity of evil have created.

 

(After all we disabled folks can not be allowed to get “uppity” and must be relegated to where we deserve to be; at the bottom of the barrel. Or did we forget that Marcelo more than once referred to my wheelchair as a ‘throne’ and did educate me that “it” and me living in my ‘palace’ did not, in fact, make me “king”.

 

Sweet. It was clear who Marcelo and Wyvernwood and FPI Management realty were and are (Thruman LLC)

 

Oh yes and his favorite ‘Mr. Sucks,’ pretending he just did not understand, despite me having corrected him numerous times, insuring me he understood only to repeated the same abuse again.. He openly laughed about it knowing, full well you had his back.

 

(Well I will give it to you that at least you have been consistent. And yes he and others under you employee and auspices have thus enlightened me.)

 

It is apparent that this is the kind of, discriminatory, bigoted, abusive, hateful, angry spiteful, violent, environment Wyvernwood, FPI Management and Thurman LLC consistently foster-- tolerate and encourage-- as it certainly “trickled down” to your staff and employees as they felt free to violate traffic laws, and other rule breaking and general accept rules practices and customs in polite society, (i.e. going through stop signs, etc, violating right of way laws, parking laws, and blocking common ares walkways and helping to manifest a dangerous environment.) using their fancy golf carts and more then once deliberately impeded and/or prevented me from exercising my right of way.

 

(I mean you think they would give me a break because I am disabled or as a courtesy because I am a resident here, you know not just breaking laws but going out of there way to be rude abusive and discourtesy.)

 

They clearly displayed no concern for my disability--(perhaps even within and outside ADA Laws but all of these actions, successfully demonstrate the culture here. Where after all, where does one begin to draw lines?) ) or one might say a callous disregarded, apathy. One can hardly call this and hostile & toxic environment one that protects the rights of the disabled and other protected classes.

 

The dark reality is n fact, more then once I was forced me to take serious evasive action while on foot and/or in my wheelchair, (which is insane) and further goes a long way in demonstration this culture, policy and practice in, well you know, committing discrimination; violating my ADA, quiet enjoyment and all of that other stuff.

 

When you start to hate it is so hard just to stop. Unless you want to alleged you guys were hateful and discriminatory but it was a highly controlled, highly disciplined hate and a controlled discrimination that went right up, to, indeed, tippy toed right to the line but never, ever crossed it. Ok yeah go ahead.

 

Perhaps that is a story that will be believed. (Who really knows what people will believe these days.)

 

But clearly your employees, contractors and others, did not practice, understand nor care about something called Right of way. Remember that? Right of way? Umm no, there is no such thing here in ‘The Kingdom of the 3.’

 

Yes and maybe folks will believe you broke a whole bunch of other rules and laws but never discriminated against me based on my disabilities (and other protected class status). Yeah maybe. But of course, maybe not.

 

These events have been so serious that it is easy to see how they could/did (their rude and incompetent and illegal driving) have resulted in serious injury and could have resulted in a loss of life--and what did you do to mitigate or eliminate such dangers to me?

 

Nothing, zero zip zilch, Nada, because who cares? (and this is even after I informed you folks multiple times)

 

Right? For I am not just a tenant but rather an “uppity” crippled one right? Ok fine, you are entitled to your opinion.

 

But then ask yourself: do you think that the folks that work here, and work for you, and with you, can see how you handle such situations and people and it does not impact them?

 

Or do you Think that other people looking in will not accept that they instead they (your employees, contractor etc) minored your behavior and engaged in high stakes game of follow the leader?

 

(Yeah you get it the whole customs practices policy thing. While its not a certainly I do believe one option is much more likely than the other)

 

So pursing my rights as defined under the law leads you to say--

 

F- him! (I can see folks accepting this truth) Nice, classy and constantly back up with your actions from cutting reducing of services, to invasion of pricey threats & ADA violations by security, & management, ET AL, criminal threats, committing hate crimes, failing to conduct proper and safe repairs, breaking traffic laws, failing to properly abate mold, forcing me to purchase my own smoke and carbon monoxide detectors, delaying several repairs for 8 months plus, bait & switch, failing to comply with reasonable accommodations, allowing me a doctored order, prescribed, seizure/ comfort dog, causing me several serious falls multiple injuries, causing me to have seizures, etc, etc, etc)

 

(I mean we know you do do not ‘believe’ it, for you do not even accept that the sky is blue, but that is the wrong question, the question is what will other folks believe?)

 

And then you go ahead and do what you always do (which is quite believable, it is really) SOP BABY! (you know standard operating procedure) Claim your own human perfection, (The Holy TRINITY never, ever do anything wrong, EVER. Just saints, absolute saints.)

 

I mean it is not what any of your online reviews speak of your sainthood, but what the hell, (pun intended) you are, according to you, entitled to your own reality, and perceiving yourselves as beyond any reproach. But when folks hear what you say about yourself and then see the online reviews, well then what else that you are going to say, will they end up believing? (again nothing is certain in this world, but what is more likely then not here?)

 

But--but, ah well--let us-- move forward with your self profession of your absolute saint hood as you launch into you standard operating procedure of deny, deny, deny and than proceed to blame, blame, blame the victim:

 

So, you one again, launch in with your blatant falsehoods, (but fortunately this is the age of cell phone video. And One does not have to count on your singular point of view. People can look and make their own decisions and you can ask em to believe their lying eyes and lying ears as well. Who knows maybe it’ll work. Maybe but you must ask how certain do you feel)

 

(And you should make note to yourself that you are currently and have been for years speaking within your own echo chamber, I have found no one on the outside that did not believe that your actions were hostile, discriminatory, abusive and illegal.

 

In other words of course you employees and contractors and management staff are in agreement with you, but will other normal, every day people share this view?)

 

In My, and others, opinion is that it sure looked like he was WAY too close to me and the act was deliberate and what would be the purpose here? For driving in such an erratic and unsafe manner?

 

The kindest remark was that he was driving too close to you and even just to be respectful should have yielded to you.” When pressed he did believe your ”--driver, violated traffic laws”)

 

I mean, He did have plenty of room .No real traffic for example.

 

But hey if this is how you react to a demented, enraged, violent contractor and/or employee--well that’s the bottom isn’t it (The bottom of acceptable behavior) I mean why do any differently, why act any differently with me as your tenant, when let us say, it comes to making repairs or honoring, for instance the ADA, or reasonable accommodations? Or preventing anyone from discriminating against me, from threatening me?

 

All of these behaviors are similar and consistent with one another. Part & parcel to everything else you do and have ever done.

 

Practice, custom practice, policy anyone? Why am I posing these question to you? Because it would be nice for one for you to admit your culpability-- as I am sick of being your whipping post.

 

It is you that wants to battle it is you that endeavors to prolong this unnecessary conflict between us.

 

Just as when Mario and Marcelo asked me to to be responsible, to show my cooperative spirit, to be willing to compromise on my reasonable accommodations issues and rights.

 

When I finally “agreed” (I told them to do what they were willing to do)--- as they would only agree to having one room carpeted they said (nope cheered with an exuberance that I did not understand) “that is what I am talking about, now your showing that you are reasonable.”

 

“Being reasonable”? I still have no idea what they are talking about.

 

As They battled and fought (beyond my comprehension, what the hell was in it for them?)) and bickered to steal my rights from me, couching our ‘negotiation’s under being “reasonable” and cooperative” while I informed them that it was not about being fair, but about me being safe, and doing what I needed to function and exist with my disabilities.

 

The looks on their faces went blank. I specifically bought this up to Marcelo individual and with Marcel, but they acted as if I was asking for an escalator to be installed. Again they reiterated that I must demonstrate my spirit of cooperation and (i mean I still can not be sure but both of them seemed obsessed and frankly high-- and this was not the only time where I suspected such.)

 

As Marcelo made comments later about me playing my non existent tuba and throwing Coke cans into (INTO) the walls. Their comments made me nervous and I frankly felt threatened by their behavior.

 

So please go ahead and continue to knowingly fabricate reality (and making bizarre comments) as it will only be, and always has been with you, a strategy that is par for the course. .

 

The other reasons I am posing these question to you is that this time I believe you also run the very real risk that you might find that you encounter that one HUD investigator,

 

that recently hired young hot shot, who actual cares, that does not, well. Let us say, simply, believe you and can see through your well crafted and outwardly seemingly reasonable demeanor and explanations, hopefully this time they will scratch far further than simply just the surface of things.

 

It does appear that time the stakes are higher as it is much more likely you will not prevail this time.

 

Then there is option 3 here:

 

you can go ahead and be unique in this situation and accept responsibility for this singular hazardous driving , event and I would agree to drop and all legal recourse in this singular matter.

 

You can open up a dialogue and lay everything to rest.

 

My mission in such a meeting, in such a scenario, put everything behind us would be to LISTEN and not speak, and permit you to create the environment for peace and following and abiding by the law.

 

I would be listening for real resolution and true and actual restoration of all the things that have gone and here. So my bar would not be set low.

 

(Her is your opportunity to step up to the plate, as I have never experienced Wyvernwood ever accepting responsibility for anything. EVER.

 

Why would you? Personal responsibility? That is for tenants and poor people only.

 

But, I will offer this to you, to let you know I am a reasonable soul and their is an opportunity here.)

 

But I will digress: (sort of)

 

It has been and still is incredibly difficult and frustrating to deal with Wyvernwood Et al as it is like trying to deal with the absolutely perfect ‘person.’

 

As it is never at fault and you are never to be blamed for anything, ever-ever, ever.-for you are the perfect people and the perfect Property Managers.

 

 It is so bad that it is as if I am dealing with people that believed that they should be canonized and relegated to nothing but sainthood. This is not a joke, but it does make a point, it is as if I am left wondering if the Pope will come and wash your feet soon and declare that you have performed your 3 required miracles)

 

And this is exactly what I mean by Wyvernwood, FPI Management and Thruman LLC encouraging And permitting your contractors employees to also engaged in this hubris drenched discriminatory, hate crimes, and generally abusive behavior.

 

As it has this air and representation that you are above all reproach.

 

And that is part of my point too, as such a hubris attitude can not help but get passed on to all you deal with (employees, contractors, whoever) As the old adage goes, what is good for the goose is good for the gander and you are lock stepping in your collective goose stepping.

 

And what exacerbates all of this is that your folks are well trained to follow like little paint by number drones. I mean if I am afraid of you perhaps they are too? As there is no way for all of these discriminatory events and actions have been committed with out it coming from the top down.

 

For it is as simple as: “Why not, my boss does it right?” Thinking, SO it does become part of your Policy, practice and custom to treat me in such a harmful, abusive and discriminating manner..

 

Yet another example of this (and there are SO so many)

 

One of your own personal repairing my mail box called me an “M-Fer” for reason (s) that are still unclear to me today, as all I told him was to provide me with a key before finalizing the repairs as last time you repaired my mailbox and THEN you mailed my keys to me.

 

Which is of course ridiculous. But I’ll try to make it clearer as last time I explained this to Marcelo (his eye were very blood shot and he mumbled at times when he spoke. Yes I have been there too after a bad night of seizures or having had fallen recently)

 

He did not get my point and did not see what was wrong with fixing (locking) my mail box and THEN mailing my key to me.

 

If you STILL do not understand that; here it is, you can not change the lock to the mail box and then mail me the key as I would need a key to get the key. Understand?

 

(i) [3:21a] Locking mail receptacles (residential hotels):-- a locking mail receptacle for each residential unit. [CC § 1941.1(i)]

 

As last time this pointed seemed lost on you and apparently remained lost on that employee and NOT just Marcelo, making those repairs.

 

I guess after all as I am an “M-FER!” He went onto be discriminatory and to make criminal threats.

 

Though it appears this person was rightfully terminated-- (but of course I can not know why he no longer remains under your employee nor am I asking). A situation that is reminiscent of your (one of many) golf cart irresponsible dangerous driver that came so close to me, as if we were engaged in some Mad Max Beyond The Wyvernwood Dome game of chicken.

 

(Thankfully I stopped texting before entering the road,) He drove so hazardously, violating my rights as a disabled person and a pedestrian) forcing me to take pathetic evasive action that barely did any good at all. (again resulting in both psychical and mental injury to me and I believe assault and attempted battery and a hate crime)

 

When I expressed myself to him, he stopped his cart and engaged and created a road rage incident began to come towards me in a violent aggressive manner that forced me into physical retreat as (it was clear to me) he was ready to strike me (his hands were clenched into fist, his face was red and it was clear he was angry. This is a criminal threat and a hate crime.)

 

Why did he do this? Because you spent a long time building up the hate for me with everyone here and he KNEW you would back him up, he KNEW he could.

 

Just as I have heard the rumor that I had contacted various authorities about residents here, and in effect, turned them in, sweet, now why would they trust me?

 

I’ll give it to you, you guys are smart, master manipulators, the smartest, the best, the brightest that I have ever seen,

 

It is obvious why you folks act the way they do, training, conditioning, --no one wants to cross their boss, everyone wants to keep their job.

 

I will make this clear to you there was no (logical sane) reason, nor is there every any reason why one of your employers, contractors should yell, scream, berate threaten or to come at me to have me EVEN concerned or suspicious that there will be violence.

 

There was nothing that he did that was right nothing.

 

(It is obvious to me that all of these incidence were hate crime and I have reported them to HUD as such. As I informed you before an exact copy of this letter has been sent to my congressman, Senator and to Hud and others. Maybe it is time to call in that favor for the donation you gave them?

 

The police are useless in such matters as they love security and the management at Wyvernwood 2) I have called them in the past and they take more then 24 hours to arrive on scene. By then, who will still be here waiting for them? I can recall some of these occasions, I ended being at the doctor’s office after such incidence or otherwise unavailable.

 

Quite sometime ago when I was present at the local PD (who may have been the watch commander) I was told I needed’-- indisputable proof-‘ of it being a hate crime and they expressed great ”--reluctance--“ in taking such a report. Of course I do not believe this is accurate or true but that was how it went down.

 

Though retaliation and harassment for such events have has resulted in security (and other employees) following me off sight in order to engage in intimidation-- including but not limited to the Dollar Tree as well as Star bucks. All part and parcel tot his environment of terror retaliation, abuse, criminal threat, hate crimes, discrimination, retaliatory, etc ploy you employed.

 

(Which I will confess was largely effective)

 

It should be noted that these were NOT during lunch hours. (I would also suggest to you that filming your employers in such instances is not a privacy violation as they were involved in illegal activity at the time. And as such i have the right to document their harassment and intimation of me. Further I have not disseminated this information to the general public or knowingly or deliberately violated their privacy rights. Nor any of your other employees, contractors or management.)

 

This was ONLY done To verify their behavior and intent and to legally protect my own rights. Further it should be noted that I went out of way to deliberately traveled in one direction and then altered it to another, all to verify what I already knew as true; (submitting them with black bars)

 

I was being stalked and intimated and MY privacy was in fact being violated and clearly as a means of intimidation. Just like when I was out taking pictures of your poorly and dangerously kept and non complaint discriminatory property, I was accosted, harassed and threatened, by security where they d demanded I turn over my camera and then SCREAM into their walkie talkie for “BACKUP! I NEED BACK UP NOW!” When I simply declined to turn over my property to (camera) them despite their threats and engaging in a chase of me.

 

He told me I “shouldn’t cause trouble’-- and more Bs.

 

(And let us remember the now infamous cane incident where security guards confiscated my cane and then demand I “prove it was yours (mine)”. Besides I am unsure how one goes about ‘proving’ a cane they use on a daily basis is “there’s, what I should always carrying a hydrated now crumbling, illegible receipt with me from CVS? I personally believe they were counting on being to escalate a situation so that they could take express excisable physical violence against me. Oh yeah I want my bikes my cane and my books and legal documents returned to me. It seem Wyvernwood has a habit of confiscating my property. )

 

Returning to the camera “need back up incident” They were so stupid (thankfully) they believed I had somehow ‘escaped’ them in a manner and way in which I was “roaming the property.’

 

it would be hysterical in its overreach and ‘patheticness’ if it wasn’t so frightening.

 

However, several guards were on the hunt for me and that is the famous security guard images I have with his gun remaining on one of their holsters and they searched for me. Constantly moving their hands from the left side of the holsters to their right, pausing frequently on their firearm in a highly threatening fashion.

 

Any normal average person would have been rightfully frightened--

 

Was he going to challenge me to a duel when he caught me? You know my blue camera VS his 9 mm?

 

I am only glad he did not say “Draw Partner.”

 

But I digress, let us go back to your employees, contractors following me off property: as I starting going to one place in one direction to mitigate any possible coincidence, and yes, they continued to follow me, despite making several, what I would describe, as off beat turns--(it is also a violation of my privacy etc)

 

Still this was also not a one off--no singular event, nor only involving a single employee and/or contractor; as you know I have also had security follow only me into common areas and demand that only I move my car despite loading and unloading groceries and or laundry, which I would argue is a legitimate and appropriate use of such locations; and would also fall under the heading of ‘reasonable accommodation;”

 

Or perhaps simply common sense or common decency; this was not a one off but a common practice on your/their part.

 

Which is only further reinforced by the fact that others were permitted to engage in the very same behavior without any warning nor penalty, meaning other tenants, renters, and visitors,

 

And as I said and I will underline; This happened many times-these abusive and threatening events and incidence have occurred repeatedly and continue to negatively impact me even to this day--

 

Which might lead you to ask. “If it is so terribly here, why not leave?” Where of course the obvious answer is a lack of resources, Firstly, I am not a Genie nor do I posses a Magical lantern where my wishes are issued and then proclaimed true by a wayward but well meaning (and interestingly dressed) entity.

 

Secondly, its your job to engage in appropriate business practices and to follow the law--I know, I know, but you really, really want to blame the victim; Oh well, can’t always get what you want; now can you?

 

Thirdly, of course as landlords you also full well that people are highly dependent upon getting a good reference from a prior landlord-- (I have never personally applied to any apartment was not part of the application process or indeed know anyone who did)this was also applied as another hammer to your well placed anvil;

 

But let us explore slightly deeper--

 

Within one conversation Marcelo assured me, in no uncertain terms, (his eyes again bloodshot, glazed and he had a certain smell, what was he doing? I do not know) that I would not receive such a recommendation-- ever--(when he hell freeze over or something like that, he) and I took him at his word, he said it would never happen or words to tat effect,

 

(he has never failed to follow through on any of his threats yet) we also know that attempting such endeavors (to apply for another apartment) has costs attached to it, application fees, credit check etc.

 

But you know this don’t you and you allow it to be ‘weaponized.’

 

You also are aware that failing -to pass all the requirements to secure another apartment, is incredibly detrimental to a renters reputation And any credit inquiries lowers your overall score)

 

this highly inappropriate (and wholly unnecessary) encounter, with your manager, like so many of ‘staff, affiliates, associates and partners (what have you), has also had a lasting detrimental and frightening impact upon me,

 

‘Fourthly’ (or is that “fifthly” for who can keep track of all of this?). As Wyvernwood’s reputation for spitefulness has been well earned and having had 10 years of experience with you, I put nothing past any of you. As your personnel is always itching and up for a fight. Especially with anyone they perceive as standing up for their rights and being (how dare they?) “Uppity”.

 

Be proud of yourselves for having succeed in having me live and exist in a constant state of fear, stress and intimidation, but that was and has always been the intent. But his is all Part Wyvernwood’s SOP (Standard operating procedure) to up the misery quotient to cause self eviction or at least to punish me of daring to pursue what I am legally entitled to.

 

Still, the fact remains, whatever you goal, I have consistently informed you of your tenants and employers and contractors smoking in common areas, including, but not limited to parking lots, stair wells, hallways and playgrounds, all of which is outside the laws here in Los Angels and in California, not to mention federally. (I have previously sent you copies of these laws codes and ordnances, which you have in a cowardly and abusive act chosen to avoid. Besides even If I did not send them so what, it is still your job to know and to comply with them.)

 

And it all is abusive, isn’t it? As, (at a minimum) it is a chance to hurt me harm me and to cause damage to me physically while not having to directly act yourself.

Right?

 

As everyone knows the dangers of second hand smoke and anyone with even a fraction of common sense can determine that exposing me to second hand, if damaging to average person, is that much worse for someone in my health condition.

 

Isn’t it now?

 

Right Wyvernwood? Right FPI Management? Right Thruman LLC? Screw him? Screw me, Who cares, let him suffocate right? Let him suffer.

 

As you have deliberately and calculatedly ignored ( or allowed, permuted or caused) all of this highly avoidable dangers and all knowingly and foreseeable to my detriment-- yet you claim you do not wish nor are you contributing to my falls.

 

(I mean you are claiming that aren’t you?)

 

Yet I have have serious breathing issues, and this second hand smoke seriously contributes to the disruption to my balance which absolutely not only increases the likely hood of falls, but in fact, guarantees them.

 

(For what happens when people do not get enough oxygen Come on, it is common sense now, average people would get it stuff. Right not enough oxygen and the world goes dark.)

 

So there is the fingerprints of Marcelo, along with the assistance, participation and the tacit approval of Management, FPI Management and Thruman LLC, continue his retaliation against.

 

For it never went undeterred and nor unabated. You are the co-conspirators and enablers. (But that is the condone and permissive culture that you live in and abided by.)

 

Such an action, for all intents and proposes is the close to, or indeed the equivalent of choking me or, at a minimum, allowing me to be choked. For you violence and threats of violence (as your history shows) are acceptable.

 

Merriam-Webster Dictionary defines violence as “the use of physical force so as to injury abuse, damage or destroy,”

 

”-- injury by or as if by distortion, infringement or profanation--“

 

“intense, turbulent or furious and often destructive action or force, ”

 

“clashing or jarring quality.’

 

I believe several of these definitions fit, perhaps even all.

 

So let’s try it another way in hope of crystallizing my previous explanations; :(I feel compelled by your willful or just simple straight forward inability to comprehend; to constantly, perpetually repeat myself)

 

As even people like you can understand this, (if you want to) as what happens when a person’s oxygen level drops too low? Come on now, think about it--Do they not start to pass out or perhaps, in fact, do indeed, pass out? And what Happens when you get dizzy or do, in fact, do black out?

 

Do you not fall down? Come on I will count to 10 and give you a fair chance to understand I mean it has been 10 years of deliberate feigned (Sargent Schultz) and ugly negligent ignorance.

 

See now you are getting it. (maybe);

 

So by this alone you have caused and/or participated in a multitude of my injuries and also the falls in-it-of-themselves. But yet this is not the singular method that you have employed, and I would suggest that it does not matter if it is either omission, commission, nor through negligence or any combination thereof or perhaps in some unique perhaps yet to be discovered method.

 

It is still on you.

 

Let us now consider yet another decades (DECADES) long diagnosed disability; namely my epileptic and non ecliptic seizures--and Gee what happens to folks that have epilepsy? And then have actual seizures?

 

Think about it. Go On, I’ll wait: (I have been waiting 10 years what’s a few more years? Decades? We all live forever don’t we?)

 

Do I not pass out lapse into unconsciousness, and/or lose or have impaired balance, with my seizures?

 

For crying out loud I could find no one that did not posses a general understanding of seizures and epilepsy, every person, EVERY PERSON< acknowledge, in their own way, that they understood that folks ended up on the floor. I will underline that is the ONE reality that they all understood, so then why didn’t don’t you?

 

Right? Right? Epilepsy folks, We have issues with their Umm, I do not know, ‘balance,” right (you know folks with seizures, correct? (WOW the terms, these themes just keep repeating and repeating themselves, don’t they? I sense a pattern emerging, with clear and convincing evidence, that there a hostile and negligent Wyvernwood, Fpi Management & Thruman LLC, Et al, pattern--)

 

Not good people. Not good.

 

Just the ‘heapings’ of stress (my seizures are triggered and amplified by stress) that you have smothered me under have caused so much harm.

 

But you were and are not done, yet--their is more torture to be committed by you-- More contractors and employers that remains to be abuse, to create fire and safety hazards to block fire truck and emergency vehicle access ways, no? (Yes, yes etc etc, sorry if I left out one of your favor ties.)

 

Let me also point out that the years of rodents and unabated roaches, and misquotes have also contributed to this hostile cruel discriminatory environment. As We all know that such vermin cause and specifically impacts upon my upper respiratory system. I mean you did learn this in landlord tenants school did you not? You are not claiming that in all of these years neither exterminators nor The Department of Environmental health have had these conversations with you right?

 

You are not alleging a co- conspiracy or negligence on their part, are you? Because if they did not tell you, that is negligence on their part.

 

Come on look it up if you are, separately or in concert, committing negligence or alleging negligence, (and so much other crap I am sure) with/against LA Housing, The Department Of Health, The Department of Building and Safety, Et Al, committing negligence again by not knowing. I mean you guys did exercise your own due diligence, didn’t you? Go. I’ll wait.

 

Oh back already? Ok then. So now you know that that is also true let us try to move forward. But before we do let me know if you want me to file complaints regarding this very serious allegations, against these departments that you are making.

 

I mean think about it, you are not telling me that you all think being exposed to them (you know rats & roaches, mosquitoes, fleas, etc) and being exposed and breathing in their waste and being contaminated by them, their waste, has somehow, miraculously benefited my serious breathing issues? (Go on just say it-- you know you want to. )

 

Again, we all this environment that you have created and/or allowed, by omission and commission and through negligence and or in concert with other agencies and contractors, separately and in concert with other parties, caused me and is causing me, as well as increasing my likely hood and probability (and I’d say actually) getting dizzy, falling, having more seizures and being seriously and repetitively, and consistently injured.)

 

 

To come to any other realization would be like denying cause and effect or maybe even gravity?

 

But you have always, always been unreasonable only doing the bare minimum, that you were forced to.

And dragging your feet, going kicking and screaming and retaliating every chance you got.

 

Your abuse and willful & clearly strategic ignorance is rampant and has been disastrous for me, you are attitude of “he has seizures anyway, ‘

 

‘he falls any way’ (when the layers peeled away it is nothing more than a abuse discrimination allowance strategy. Perhaps even a retaliatory one, I mean if the dangerous are foreseeable and you leave them in place, and you are upset that I filed disclamation complaints against you, Hmm, why not?)

 

And frankly “who cares”? This is a demonstration of your hubris (which you have barrels full of)as you are well accustomed to pushing people around and generally getting your way.

 

(Just ask La Esperanza right?)

 

As all of this has aided and abetted your philosophy to allow and encourage your injury, pain and suffer of me.

 

It is also well understood by anyone that comes into contact with you and this community as all neighborhoods have reputations from Beverly Hills to South Central. Everyone knowns what any community is all about or more simply people talk.

 

As, for all intents and purposes, all of this separately and in concert, has been both a literal and figurative (continual and repetitive) pushed to the ground.

 

Again reinforcing the reality that your discrimination (my disabled status)

 

legal rights has never stopped) but of course you understood that a long ago, didn’t you?

 

(Sargent Schultz anyone?) Always playing the fool saying “I known nothing,” right?

 

Additionally, I see nothing in your behavior, nor history that qualifies you to run such a property, to deal with the public or to, in fact, manage tenants--(yes all three of you) and again the online reviews and other research that I have conducted, supports my personal experiences with you. Further it exposes what is either your gross negligence, your malicious indifference, or your collective gross incompetence, and frankly, in concert with being bigoted and discriminatory and having deliberately set about manifesting such an environment.

 

As I previously, previously, stated (I find that I must habitually repeated myself whenever I communicate with you) I do not care which it is or if in fact it is some collage nor some bizarre cornucopia and percentages of each.

 

As the damages you have inflicted upon me is undeniable whatever your motive or intent can be ascribed to, let’s say something like insanity., perhaps as you started doing it 10 years ago and never stopped since and that is the very definition of insanity isn’t it, to keep doing the same thing over and over again and expecting different results.

 

(Yea, I agree it wasn’t insanity, it was planned, thought out, stargazed, discrimination)

 

Also, you should understand that just because you discriminated against, let us say as an example: people of Mexican descent, does not necessarily mean you are not willing to discriminating against people fro other reasons, let us say being perceived as a different, race or ethnicity or Marcelo and Mario and Rosie Casa discriminating against me not simply because I am disabled but because of my race (or perceived or otherwise) as well.

 

As having listened to a lecture on by someone that prosecuted hate crimes he did state clearly that it does not matter what I really am, what matters is what you all BELIEVED I was.

 

I think you will agree it is difficult to explain the number of peoples behavior applying any other metric, or any other analysis, as even simply going with gross incompetence straddled with gross negligence does not really move the needle of the responsibility you bar much.

 

California’s hate crime laws are codified in Penal Code Sections 422.55, 422.6, 422.7, and 422.75 PC. These statutes make it a criminal offense for a person to commit a hate crime and also impose enhanced penalties when a person commits an offense (such as vandalism) and does so while motivated by a bias towards the alleged “victim” (for instance, because of the victim’s race).

 

(You folks screwed up my apartment when you worked to constructively evict me by trashings my unit & causing my property to vanish, But you can read my notice to you in fill in the rest of the blanks, after all you did not expect me to do all fo the work for you, did you now?)

 

Penal Code 422.55 PC is the California statute that defines a hate crime as a criminal act committed because of the victim’s actual or perceived:

• disability,
• gender,
• nationality,
• race or ethnicity,
• religion,
• sexual orientation, or
• association with a person or group with one or more of these actual or perceived characteristics.

Penal Code 422.6 PC is the California law that makes it a stand-alone crime for a person to commit a hate crime.

Penal Code 422.7 PC is the law that imposes an additional penalty on an accused whenever:

1. he/she is convicted of a misdemeanor, and
2. that misdemeanor is also proven to be a hate crime.

Penal Code 422.75 PC imposes a sentencing enhancement on an accused whenever:

1. he/she is convicted of a felony, and
2. that felony is also proven to be a hate crime.

 

(I believe I fall into more than one of these protected classes and you have attacked me because more than one of them. As the law states “association with a person or group of persons with one or more of these actual or perceived characteristics.1” It does not matter what I “am” but what you all thought I was or am.)

 

1.What is the definition of a hate crime, per Penal Code 422.55?

California Penal Code 422.55 PC sets forth the definition of a “hate crime.” According to this law, a “hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

• disability,
• gender,
• nationality or national origin,
• race or ethnicity,
• religion or place of worship,
• sexual orientation, or
• association with a person or group of persons with one or more of these actual or perceived characteristics.1

Questions often arise under this statute on:

1. the meaning of an “actual” characteristic,
2. the meaning of a “perceived” characteristic,
3. when a crime is committed “because” of a characteristic, and
4. whether a person must commit an underlying crime for criminal charges to be filed.

1.1 “Actual” characteristic

“Actual” means that a person acts with some type of ill will, or bias motivation, because of the victim’s real status regarding disability, gender, nationality, etc.2

In other words, people commit hate incidents if they perform some offense simply because of that person’s characteristics.

1.2 “Perceived” characteristic

Under state law, “perceived” means that a person can commit a hate crime even if it turns out that the victim did not have one of the characteristics listed above. This is true as long as the defendant believed, or “perceived,” that he/she did.3

Consider, for example, a case where a person commits an armed robbery against a couple whom he believes to be Jewish. The person commits the crime solely because of the couple’s religious affiliation. As it turns out, the couple is not in fact Jewish. Nonetheless, because the offender perceived the couple to be Jewish, he committed a hate crime.

1.3 Crime committed “because” of a protected characteristic

For purposes of this statute, an accused is considered to have committed a crime “because of” the victim’s protected characteristic if he/she acted either wholly or partially because of that characteristic.4
To prove that this is the case, a district attorney must prove that:

1. the defendant was biased against the victim because he/she had (or he/she perceived the victim to have) one of the characteristics listed in PC 422.55, and
2. that bias is what caused him/her to commit the alleged crime.5

1.4 Need for an underlying crime

A person cannot be convicted of a hate crime unless there is some type of underlying offense.

 

This means that while a person may show ill will or hatred towards a specific race, there is no hate crime unless that person commits some unlawful act against a person of the given race.

2. What is a hate crime under Penal Code 422.6?

A prosecutor must prove the following to prove that a defendant is guilty of a hate crime:

1. he/she used force to willfully interfere with another person’s civil rights or constitutional rights,
2. he/she did so in whole or in part because of the other person’s actual or perceived disability, gender, nationality, race or ethnicity, religion, or sexual orientation, and
3. the defendant intended to interfere with the other person’s legally protected rights.6

The policy behind PC 422.6 is to protect the physical integrity of every person from unauthorized violence.7

A violation of this law is charged as a misdemeanor. The crime is punishable by:

• custody in county jail (as opposed to state prison) for up to one year,
• 400 hours of community service, and/or
• a fine of up to $5,000.8

 

People convicted of hate crimes in California receive an enhanced penalty.

 

Do not underestimate the reason why I tell you this (as I am certain people like you have zero capacity to understand people like me) however I will endeavor of taking on the impossible task of having you comprehend. It is as simply, and as complicated, to take I will take the guess work out of it, I am sick and tired of when I am able to leave my prison ward of feeling in perpetual danger by your staff, your security your employees and your contractors.

 

 

Nor does it going to explaining Wyvernwood”s, FPI Managements, Nor Thruman’s LLC repeated and excessive violations of my civil rights, and my ADA rights and simply my rights as a tenant.

 

It is also make little sense why you would not take some level of action on this issue of 2nd hand smoke and encouraging through your permissiveness and other behaviors violating my rights not to smoke. In effect, you are FORCING me to smoke, and to add insult to injury this is despite it being ESPECIALLY dangerous for me.

 

I can recall no one in my immediate area smoking when I first moved in, so outwardly there appeared to be no problem. Why you would have such little foresight such little consideration to allow and encourage others that smoke to move so close to me, that do smoke, and smoke so heavily, is beyond negligence and in fact cruel as well as discriminatory and not complaint with my needs as a disabled person or perhaps reasonable accommodations. .

 

It further makes no legitimate sense (but again is consistent with your pattern of behavior) why you are so ridiculously resistant and uncooperative in issues spanning from a comfort seizures dog, to the use of my wheelchair, free use of my portable ramp, to security threatening me, to violating my privacy by breaking and entering my premises under false pretenses, committing constructive eviction, changing utilities out of my name into yours, 5 dangerous red tags, bait and switch, altering deposit memorandums, issuing 3 leases, making fun and abusing me, creating/ allowing dangerous common areas, creating dangerous environment inside my unit, violating my quiet enjoyment, “losing” my rent payments, retaliating by ‘postponing’ several repairs for months at a time, trying to evict under false pretense

 

(WHEW! Wow! What a non exhaustive list!)

 

And then heaping such things on to that huge pile by exposing me to smoke and other gases (CO2 and likely Radon, mold & black mold))

 

Moreover Legal precedence does demonstrate that smokers do not have any unchallenged legal rights to smoke at all (as part of their tenancy) , let alone constantly violating the previously referenced, state and local statues.

 

I would also add that it make no sense that a smokers rights superseded a non smokers (or a disabled or ills person’s) as that theory would state that I am unable to compel a smokers to stop smoking but yet a smoker can compel and force me to smoke?

 

I have serious doubts about this philosophy withstanding legal serenity even if we do not consider my protection under the ADA and my disability or other laws codes ordinances and statues.

 

Certainly this point of contention has been already decided and the ground work laid in restaurants and night clubs as well as on plane trains and all forms of public transportation the disgusting and dangerous addiction has already been banned, barred or regulated.

 

To crystallize my clarity on this subject matter -this second hand smoke seriously impacts my health and medical conditions, as a courtesy and for purpose of edification, I have sent you and your organization all the laws (codes statutes, regulations, ordinances, customs & practices) etc) that deal with the rights of smokers, non-smokers, and such precedents within as well as under the law.

 

I will not allow this or any of my other rights to be undermined.

 

As you well know that second hand smoke and its detrimental effects are clearly understood in 2012, and have been for decades prior--so ignorance to its dangers and the regulations regarding it is not a defense. Therefore, Your standard Sargent Schultz defense will not abide here.

 

It is also amply clear that you have the power and authority to designate this complex and perhaps sections of this complex (to be divided into smoking non-smoking sections). Even Hotels have smoking and non smoking areas and sections and unfits and rooms.

 

This is after all, old news.

 

If you did not wish to make it, your entire property, you know, wholly non smoking-- wonderful, you are under no legal obligation to make this facility a smoker’s paradise, wild west, free for all, as you have done all to my detriment.

 

Further my issues of concern are much more center on another ADA compliance failure on your part as well as a failure to create a safe work environment for your employees (a absolutely have documentation that demonstrates some fo your employees smoking contrary to this philosophy while simultaneously effecting me::

 

As you should know; There is a growing body of law indicating that employers may be liable under state and federal discrimination laws for permitting smoking in the workplace. Most states prohibit discrimination on the basis of disabilities. In many states, nonsmokers sensitive to tobacco smoke are considered “handicapped” and entitled to effective or reasonable accommodation. Smoking in the workplace must be completely eliminated if that is the only effective means of protecting nonsmokers.

 

In a case involving two employees of the County of Fresno, California, the court ruled that the county violated the law in failing to eliminate smoking in the nonsmokers’ work area (County of Fresno v. Fair Employment and Housing Commission, 1991). In Hinman v. Yakima School District No. 7 (1993), the Washington State Court of Appeals reinstated a claim brought by a nonsmoker under the state’s handicap discrimination statutes. And in 1996, a court refused to dismiss a plaintiff’s claims alleging violations of the Americans with Disabilities Act of 1990 (ADA) and the Illinois Clean Indoor Air Act (Bell v. Elmhurst Chicago Stone Co, 1996).

 

The Americans with Disabilities Act (ADA) provides plaintiffs with a powerful new tool to achieve protection from passive smoking (ADA, 1990). Title I of the ADA is similar to the stronger state employment discrimination statutes in that it requires employers to accommodate nonsmokers with documented sensitivities to tobacco smoke by prohibiting or restricting smoking in the workplace (Gottlieb, et. al., 1994). The ADA is currently in force for employers with 15 or more employees.

 

Use of the ADA requires nonsmoking employees to demonstrate that they have an unusual sensitivity to tobacco smoke, such as acute asthma, and that banning smoking is the only way to accommodate their disability. In Harmer v. Virginia Electric & Power Company (1993), an employee sued his employer under the ADA after his employer retaliated against him for requesting a smokefree workplace by reducing his job authority and failing to promote him. The courts recognized Harmer’s disability, but dismissed the claim, saying that he “must still show that he is entitled to a complete smoking ban as a reasonable accommodation to his disability.”

 

Negligence for Failure to Provide a Safe Workplace

 

There is a well established rule under common law that employers must provide a safe, healthy workplace (McCarthy v. Department of Social and Health Services, 1988). In one landmark case, injunctive relief was granted, and the employer was required to provide the nonsmoking employee with a smokefree environment (Shimp v. New Jersey Bell, 1976). The theory that permitting smoking constitutes negligence is supported by cases in several states (McCarthy v. Washington Department of Social and Health Services, 1988; Smith v. Western Electric Co., 1982).

 

Wrongful Discharge

Employees who are fired for seeking a smokefree workplace may also have a claim for wrongful termination. In one case, an employee was fired after complaining about tobacco smoke in his office. An appeals court held that he was protected from a retaliatory dismissal for “complaining in good faith” about unsafe working conditions (Hentzel v. Singer, 1982). In 1992, the Suffolk County, NY Supreme Court granted summary judgment to an accounts payable supervisor who was terminated by her employer shortly after filing a complaint with the Suffolk County Department of Health. The employee had complained that her employer failed to maintain a smokefree work area. (Bompane v. Enzolabs, Inc., 1994).

 

Disability Benefits

Employees who are disabled by exposure to tobacco smoke at work may be entitled to disability benefits (Weir v. Office of Personnel Management, 1986; Imamura v. City and County of Honolulu, 1993). In a key case, the court found that a federal worker who is hypersensitive to tobacco smoke is “environmentally disabled,” and therefore eligible for disability benefits (Parodi v. Merit Systems Protection Board, 1983). Individuals seeking to prove they are disabled must show they are unable to do their job because of a work-related injury.

 

Unemployment Compensation

Employees who must leave their jobs due to an allergy or hypersensitivity to tobacco smoke may be entitled to unemployment insurance benefits. Employees who quit due to exposure to tobacco smoke have “good cause” to quit, and are therefore eligible for benefits (Alexander v. California Unemployment Insurance Appeals Board, 1980; McCrocklin v. Employment Development Department, 1984; Lapham v. Commonwealth Unemployment Compensation Board of Review, 1987).

 

Assault and Battery

There is growing legal support for assault and battery claims against employers for exposing employees to environmental tobacco smoke. Although assault cases, like common law negligence claims, are usually not permitted under state workers’ compensation laws which provide the exclusive remedy for workplace injury, at least one court has allowed a tort claim (McCarthy v. State of Washington, 1987).

 

In a recent case in California, the plaintiff experienced serious medical problems due to ETS exposure at work. She claimed that tobacco smoke was not an essential part of the job, such as lighting, and therefore the workers’ compensation statute does not bar an assault and battery action. In October, 1993, a Superior Court Commissioner denied a defense motion to dismiss the lawsuit (Portenier v. Republic Hogg Robinson, 1993). In March, 1994, the defendant agreed to pay a substantial settlement in both the workers’ compensation and assault claims in the case.

 

Discrimination in Public Accommodations

Title III of the Americans with Disabilities Act prohibits discrimination against the disabled in “public accommodations.” As with the employment provisions of the ADA, nonsmokers who have a documented sensitivity to tobacco smoke are protected from exposure to environmental tobacco smoke in public accommodations. Virtually all businesses which serve the public are considered public accommodations, including hotels and motels, restaurants, bars, retail stores, public transportation depots, amusement parks, recreation facilities, and so on. Individuals covered by ADA are entitled to “the full and equal enjoyment” of public accommodations (ADA, 1990). To sensitive nonsmokers, a cloud of smoke may pose as great a barrier to use of a facility as a physical barrier.

 

Several test cases concerning nonsmokers’ access to public accommodations under ADA are currently pending. Several cases have been filed in Federal District Court in Connecticut by a state legislator and attorney on behalf of three mothers of children with asthma. The suits name McDonald’s, Burger King, and Wendy’s as defendants (Staron v. McDonalds, 1993). Although a Magistrate Judge dismissed the case, the U.S. Court of Appeals reinstated it on appeal in 1995.

 

In November of 1993, a group of sixteen state Attorneys General issued preliminary recommendations regarding smoking in fast food restaurants. In part due to potential legal liability, they recommended that “fast food companies actively encourage all of their franchise operators to adopt a smoke free policy” (Attorneys General, 1993).

 

In early 1998, three Maryland women who suffer from asthma filed suit in U.S. District Court in an effort to force the Red Lobster and Ruby Tuesday restaurant chains to ban smoking in their Maryland restaurants. The lawsuit alleges that the restaurant chains are violating the ADA (Castaneda, 1998).

 

Nuisance

Several nuisance cases have been filed by nonsmokers over tobacco smoke drifting from an adjacent residence, typically apartments in a single building. The outcomes of these cases have varied. In one case, the court held that the smoke from three to six cigarettes a day did not constitute a significant “annoyance,” and that “injury to one who has specially sensitive characteristics does not constitute a nuisance” (Lipsman v. McPherson, 1991). However, another case against a landlord found that smoke drifting from an apartment below the plaintiffs’ violated the warranty of habitability (Fox Point Apartments v. Kippes, 1992). More recently, nonsmokers living in an apartment above a bar were sued by their landlord for failure to pay rent. The tenants argued that the smoke seeping from the bar into their apartment deprived them of their right to the quiet enjoyment of their apartment. A Boston Housing Court judge agreed, ruling that “the evidence does demonstrate to the Court the tenants’ right to quiet enjoyment was interfered with because of the second-hand smoke that was emanating from the nightclub below” (50-58 Gainsborough St. Realty Trust v. Haile, et al., 1998).

 

Federal Housing Act

The Fair Housing Act (FHA), amended in 1988, provides protection against housing discrimination for those with disabilities. Reasonable accommodation must be made to afford equal opportunity in the use and enjoyment of dwelling units and common areas. The Act has been successfully extended to those with sensitivities to tobacco smoke. In an unreported case in California, a nonsmoker requested that smoking be eliminated in the clubhouse and other common use areas of a private mobile home park. She filed a complaint with the Department of Housing and Urban Development. After an investigation, the facility agreed to eliminate smoking in the common areas (Chen, 1994).

 

Prisoners

In Helling v. McKinney, the Supreme Court held that exposing a prisoner to environmental tobacco smoke may violate the Eighth Amendment to the Constitution, which prohibits “cruel and unusual punishment.” The case also established that prison officials may not, with deliberate indifference, expose an inmate to ETS levels that pose an unreasonable risk to future health (Helling v. McKinney, 1993). As with other areas of potential liability, prisoners’ Eighth Amendment claims are judged on the facts of each individual case.

 

May be reprinted with appropriate credit to the American Nonsmokers’ Rights Foundation.

Copyright 1998 American Nonsmokers’ Rights Foundation. All rights reserved.

 

REFERENCES

• Americans with Disabilities Act of 1990, Public Law 101-336, 42 USC12101 -12212, 1990.
• Attorneys General Working Group on Tobacco. Fast Food, Growing Children and Passive Smoke: A Dangerous Menu. New York, NY: New York Attorney General’s Office. November, 1993.
•  
• Castaneda, R. Women sue restaurants over smoke. Washington Post. Page M01. February 19, 1998.
• Chen, S. Public Affairs Officer, American Lung Association, Alameda County, personal communication, 2/28/94.
• Gottlieb, M.A., Daynard, R.A., Lew, J.B.. Second-hand smoke and the ADA: Ensuring access for persons with breathing and heart disorders. Saint Louis University Public Law Review. 13(2): 635-644, 1994.
• Sweda, E. Summary of Legal Cases Regarding Smoking in the Workplace and Other Places. Boston, MA: Tobacco Control Resource Center, Inc., September 1998.

 

 

These strongly overlap with my rights under the ADA.

 

 

It is also possible and likely that you are in violation of :

 

Anti-Smoking Ordinance Enforcement
California Labor Code 6404.5

 

If a business owner does not comply with the California Anti-Smoking Ordinance, they will be cited and scheduled for an administrative hearing. Likewise, a customer or non-employee may also be cited for smoking in a banned location. For the business, fines are a maximum of $100 for the first infraction, $200 for the second infraction and $500 for the third. Cal-OSHA may then step in, issuing up to a $7,000 fine.

 

Be once more advised that I filed a complaint with the appropriate authorities.

 

It can possibly be interpreted that you are also in violation of:

 

• Post permanent “No Smoking” signs in your outdoor dining area that
  comply with the requirements set forth in the LAMC 41.50 B 18 b.
•  
• Another not uncommon practice here at Wyvernwood is:
• (Which i ahve already informed you of multiple times:
•  
• SMOKING IN ENTRANCES OR DOORWAYS
  California Government Code Sections 7596-7598
  
  Smoking is prohibited:
• In an outdoor area within 20 feet of a main exit, entrance, operable window, or inside of a public building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district.
•  

HOOKAH SMOKING

“California state law prohibits smoking tobacco in any form, flavored or unflavored, in a water pipe, cigarette, or cigar, unless the venue is proven to be owner operated, or is bona fide retail or Tobacco Shop.”

 

Be advised it is legal to adopt a smokefree policy.

 

Some housing providers are hesitant to adopt a smokefree policy because they mistakenly think it is illegal or discriminatory to do so. However, they have the right to set reasonable rules that protect the property and its occupants. Typically, a smokefree policy can be adopted for all current and future residents in the same manner as other rules that regulate activities that present a risk to the building or impact other residents, like loud music or pets.  Your housing provider may not know about the benefits of having a smokefree property, including cost savings and reduced risks.

 

I do have the support of:

nonsmokersrights.org
protectlocalcontrol.org
smokefreecasinos.org
smokefreemusiccities.org

American Society Etc.

 

 

But this outrageous behavior goes again to your general and overall disregard (pattern practice & custom) you have for your tenants as you do not see them or me as people.

 

It is all simply a means to an end for you (and please spare me the whole perfunctory “our tenants safety and well being are of the highest priority” nonsense as I have tons of videos and photographs, and a ruined body, which demonstrates otherwise. You know talk is not only cheap, but indeed is worthless. Besides, what else are you going to do, confess? Talk is cheap as the saying goes.)

 

But again you have yet another opportunity to do the right thing and to take action;

 

However here is a list of California Laws Etc, you are violating in this regard: (I submitted these to you previously only be once gain ignored)

 

The California Indoor Clean Air Act of 1976[i] declares tobacco smoke as a health hazard for the general public.[ii] Section 118910 of the California Health and Safety Code states the Legislative intent as not “to preempt the field of regulation of the smoking of tobacco.”  The local governing body can completely ban or regulate the smoking of tobacco in a manner consistent with the laws relating to tobacco smoking.[iii] The legislature of California also recognizes that “nonsmokers have no adequate means to protect themselves from the damage inflicted upon them when they involuntarily inhale tobacco smoke.”[iv] The legislature understands the necessity of regulating smoking in public places to protect the health, safety, welfare, comfort, and environment of nonsmokers

 

 

 

 

Section 118885 of the California Health and Safety Code prohibit smoking of tobacco in designated areas of publicly owned places while a meeting is in process. According to section 118885, in indoor rooms, indoor chambers, or indoor places of public assembly in publicly owned buildings conducting public business and where public participation is required, there should be a contiguous area of not less than 50 percent of the total area of the room declared as a non-smoking area. Such area should have sufficient number of signs posted which can readily be seen by everybody stating that smoking of tobacco is prohibited while a public meeting is in progress.[vi]

 

Section 5148 of the California Code of Regulations prohibits smoking in workplace. The Rules prohibit an employer from permitting any person from smoking tobacco products in an enclosed space at the place of employment.[viii] Employers who permit non employee access to the place of employment on a regular basis should also take reasonable steps to prevent smoking by such non employees. Such steps include posting clear and prominent signs, stating that smoking is prohibited throughout the building or structure. A sign stating “No smoking” should be posted at each entrance to the building or structure. In cases where smoking is permitted in designed areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure. The employer should also request a non employee who is smoking to refrain from smoking in the enclosed workplace.[ix]  

 

 

However, for the purpose of § 118885, “reasonable steps” does not include physical ejection of a non-employee from the place of employment or any requirement for making a request to a non-employee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee.

 

In workplaces, the restriction on smoking extends to lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.[x]

 

 

In California, any violation of the smoking rules is an infraction punishable by a fine not exceeding one hundred dollars ($100) for a first violation, by a fine not exceeding two hundred dollars ($200) for a second violation within one year, or by a fine not exceeding five hundred dollars ($500) for a third and for each subsequent violation within one year.[xxix] 

 [i] Cal Health & Saf Code § 118875

[ii] Cal Health & Saf Code § 118880

[iii] Cal Health & Saf Code § 118920(b)(2)

[iv] Cal Health & Saf Code § 118920 (3)

[v] Cal Health & Saf Code § 118920 (c)

[vi] Cal Health & Saf Code § 118885

[vii] Cal Health & Saf Code § 118885

[viii] Id

[ix] Cal Health & Saf Code § 118885

[x] 8 CCR 5148

[xi] Cal Health & Saf Code § 118890 (a)  

[xii] Cal Health & Saf Code § 118890 (b)  

[xiii] Cal Health & Saf Code § 118890 (c)

[xiv] Cal Health & Saf Code § 118895

[xv] Cal Health & Saf Code § 118895

[xvi] Cal Health & Saf Code § 118900

[xvii] Cal Health & Saf Code § 118900 (a)

[xviii] Cal Health & Saf Code § 118915 (a)

[xix] Cal Health & Saf Code § 118915 (b)

[xx] Cal Health & Saf Code § 118925 (a)

[xxi] Cal Health & Saf Code § 118930

[xxii] Cal Health & Saf Code § 118935 (a)

[xxiii] Cal Health & Saf Code § 118935 (b)

[xxiv] Cal Health & Saf Code § 118935 (b)

[xxv] Cal Health & Saf Code § 118940

[xxvi] Cal Health & Saf Code § 118905

[xxvii] Cal Health & Saf Code § 118905

[xxviii]1998 Cal App LEXIS 716

[xxix] Cal Health & Saf Code § 118945

 

 

Workers’ compensation laws vary somewhat from state to state. However, it is well established in most states that workers may receive benefits for injuries caused by workplace smoking exposure (Schober v. Mountain Bell, 1980; Thorensen v. U.S. Air, 1989; Kufahl v. Wisconsin Bell, 1990). One notable example is the case of Avatar Uhbi, settled in 1990. Uhbi, an otherwise healthy, vegetarian nonsmoker, suffered a heart attack. It was determined that his heart attack was caused by passive smoking exposure while working as a waiter in a restaurant which permitted smoking. In an out-of-court settlement, the California Compensation Insurance Fund covered Uhbi’s $85,000 in medical expenses associated with his secondhand smoke induced illness (Uhbi v. State Compensation Insurance Fund, 1990).

 

 

More recently, a worker’s compensation judge in New Jersey ruled that a physical education teacher’s tonsillar cancer was caused by exposure to secondhand smoke; the teacher had shared an office with a chain-smoker for 26 years. On July 23, 1998, the judge awarded the teacher $45,000 in temporary disability benefits and ordered the Middletown, NJ Board of Education to pay his outstanding medical bills, provide future treatment, and restore sick time that he had used up (Magaw v. Middletown Board of Education, 1998).

 

In other words you have a multitude of options available to you but you need to make a decisive decision that will help protect me as. I am also further informing and giving you notice to you (and your trinity of counterparts) that failing to act on my specific situation is clear a violation under the American With Disabilities Act (reasonable accommodation etc) as well as other federal, Local and state, Statues, ordinances and laws.

 

If you unilateral chose not to exercise any of the choices before you the consequences and repercussion remain solely upon you should anything happen to me.

 

As not assisting me in this very serious matter (s) will have clear, obvious and readily apparent detrimental and Foreseeable, and preventable dangers.

Dangers that you continue to negligently, punitively callously, Discriminatory, choose to by conduct by grievous acts of omission and omission to continue to create and/or leave and/or permit these hazards in place.

 

At a minimum, your egregious acts of negligence, as well as acts of omission and commission could very realistically lead and or significantly contribute to my untimely death-(there is no joke here) -where, at a minimum, part of the responsibility will be resting with you,

 

This situation alone is enough to put us at serious odds. If only, if only it were just this single issues rather then dozens and dozens and dozens.

 

But, sadly, tragically, this is only skimming the surface;

 

THE BREIF & NOT ALL INCLUSIVE OVERVIEW

 

But let us delve more into HOW DID WE GET HERE?

 

Why does the past matter (simply because it does and more importantly the past has not ended. All of this has operated on a continuum as opposed to a past present concept, We have-simply only -moved along this abusive journey along your preselected continuum. In others words nothing has ended, nothing has changed, beyond the exceptionally mundane and the vastly superficial. (A fact that is obvious if one wishes to so apply themselves).

 

The reality is that There has been an extended history of significant loss of service during my time here at your complex; ranging from a habitual loss of water, loss of lights, and as you know I have had no stove nor heat for over 5 years and 10 years respectively.

 

(Again, this is not intended to included all the voluminous issues that i have had here, that all really began with your bait and switch and your attempt that I can only describe as your attempt to defraud me of my deposit etc, but more on that later.)

 

To be clear I have never had any safe, lifer preserving, health maintaining heat within my unit--ever--

 

Ever--

 

It would not be too large of a stretch to demonstrate this as a from of constructive eviction (no stove, no heat, etc. As it is well document in the annals of legal precedent within landlord tenants cases that shutting, delaying or impeding of utilities and/or denying services is patently against the law)

 

Your personal--failure to capitalize on your attempted abuses does not delineate, nor negate your motive, nor your intent, as an example, there is not only murder but attempted murder as well,

 

Your failure to achieve your goal does not forgive nor negate your attempt.

 

Right? People that TRY and fail to kill other people do not achieve a “pass” as the attempt in it of itself is illegal.

 

As I have explained before you did not get 3 strikes to remedy this situation but 5 strikes in the form of the stove and heating unit being red tagged habitually--due to deadly carbon monoxide gas-- Unless you believe that somehow the Gas company, Building and Safety and the Department of Health were all conspiring against you?

 

(And though you may never say it out loud though I am sure you do. As you believe everyone is out to get you. Cruelty and unfairness to you is folks exerting their legal rights or being “uppity”. )

 

As Mario said in Marcelo company that asking for BOTH rooms to be carpeted was “unreasonable” but compromising (WHAT????) was if I agree to only have one carpeted, as that would show MY GOOD FAITH and MY REASONABLENESS, wow insane.

 

But then again you have to have a crazy abusive philosophy to behave crazy and abusively.

 

Once your management team decided to go down the wrong road with me it set our relationship in stone, one that wholly is based on your abuse--of me-- this philosophy germinated from Mario and Marcello’s bait & switch of apartments and amenities and forcing us to accept an apartment or to lose our hard earned deposit(s)-- Talk about taking advantage of the poor? Wow actually resorting to flat out what extortion?

 

Theft?

 

And if they did it to me so causally I am forced to ask the question (you know the one) how many other have they done this too? It would be a very interesting experience to thoroughly, forensically explore your accounting practices.)

 

 

Their absolute insistence and inflexibility of their position has always puzzled me;

 

After all why were Your people were smiling from ear to ear when they informed me of this (take this POS apartment or lose your money) and positively giddy.

 

What was the possible benefit here? Well if we take a moment to consider it we came to them interesting conclusion That by doing this Marcelo Mario gambit you do not have to repair folks apartments, paint, re carpet, whatever.

 

So they did not have to spend the money on paint carpeting plumbing electricity, heating, stoves--that money (with perhaps the help of others, I am not suggesting it is a wholly uncomplicated process, but people engage in complicated thefts all of the time) could be diverged--

 

So, you get it right? All of that getting ready to move in, budget can be pocketed. Ahh Sweet deal! No?) And this also explain why Your management would be so hell bent on negotiating me down from two carpets to one (and other compromises) because I was potentially eating into their cut of the money.

 

Meaning lets say there is a $1,000 budget that you alot to prep each unit, so they show a “model” apartment and then tell folks ”--sorry it is no longer available” and then give them a unit that has not be prepped, they can pocket the cash.

 

That is why they said take a non peeped non repaired apartment so they could potentially keep the cash.

 

Further when I would not play along they wheel and ‘dealed’ and negotiated so harshly that I felt like they were was closing on a lemon of a used car.

 

That is why they never painted our apartment, never repaired the heat, replaced the bathroom heater the garbage disposal and refused to carpet both rooms, they were trying to hang on to as much of the “budget’ as they could, I had apparently eaten into their 100 % so they were now trying to salvage their deal and perhaps hang on to 70% 80% or soothing like that.

 

And perhaps and I suggest likely infiltrated their other repairs as well. You also well know that the poor people you folks deal with are much less likely to complain to any authority.

 

It is a terrific way to exploit the poor and if you did not know perhaps you as well.

 

 

But if you do not like that theory we can stick with the bigoted discriminatory practices, refusing for nearly 10 years to provide me with any reasonable accommodations or comply with the ADA ect, we can go strictly with that if you wish.

 

You get to tell people sorry that apartment is gone

 

More over, you have had dozen upon dozens, perhaps 100’s or 1000’s of opportunities and 10 years to rectify and appropriately, and in its totality, comply with the ADA and other laws.

 

So you allowed, (through custom and practice or what?) permitted reinforced, tolerate accepted approve of your mangers abusive and discrimination of me.

 

The truth is you have not failed to comply with the law but you simply decided to ‘get out of it.’

 

Why?

 

Because there can not simply be 10 years of incompetence at work to accomplish such a feat of vicious negligence. . Further there was also a pay for play attempt on FPI Management and Wyvernwood’s part as I told Mrs. Casa I had a Portable Ramp and did not wish a fixed one, but when all was said and done I was permitted use of nothing else but a fixed one which I would have been forced and compelled to pay for.

 

She bought me the paperwork despite me repeatedly telling her and others that It would be impossible for me as I could not afford it and I would stick to using my portable, take it with me highly temporary, ramp (seconds to perhaps 1 minute. That would in no way impeded anyone else-)

 

For there she insisted on wanting to inspect it, which was preposterous and ridiculous as I have ever ever received such a discriminatory demand from any landlord or manager --ever.

 

This ramp was a recent replacement very similar replacement for me and Marcelo (and I believe also Mario likely & Mrs. Casa definitely ) had seen it, while other workers and employees, security etc had already witnessed me using it by this time (that certainly at the time I perceived as late in the game)

 

In other words this was old news (my use & attempted use of the wheelchair & ramp) .

 

 

 

In fact the several times that each of them had come over to my unit it was in conspicuous location and in unobstructed view and in what might be referred to as ‘plain sight.’

 

Indeed Marcelo had snidely comment on the ’--convenience--‘ of it (the ramp) or words to that effect.

 

So of course, it was very easy to perceive this as just an attempt to inappropriately extract money from me (it frankly felt like I has to bribe them in order to use my ‘assistive device’) and also to prevent me from having effect and free use of my wheelchair.

 

Your security has always been down right frightening and made little sense in making such comments as “you can not use your wheelchair here.”

 

Physically blocking and obstructing my path forward yelling at me when I asked “where I could use it” threateningly calling me a “wise a*s’ for asking such a question, etc. while deliberately encroaching upon my personal space and, in fact, making strong physical contact with my chair and me.

 

Of course it makes no sense they would coincidentally reinforce Wyvernwood’s wishes without knowing them, and even if, by some wild shocking coincidence, they did, so what? I complained you did nothing and it is still disclamation, no matter how you slice it.

 

And yes it worked. I would avoid them whenever I possibly could and many times was too afraid to go outside.

 

So congratulations.

 

But let me circle back, as landlords certainly posses all of the advantages as these organizations are much more often then not are an arm of the property owner and at in most worse case scenarios only provide temporary annoyance at best.

 

At most a tiny bark and no bite, often managing to find some way to strongly slant their reports in the owners direction. (I have overheard my share of conversation between Marcelo etc and the “inspectors and Marcelo’s “requests’ of them, it was clear they were on one and the same team)

 

As anyone who understand these organizations and government intuitions are created in manner in which they demonstrate great flexibility and forgiveness to property owners--

 

In other words if even they rule against you it is incredibly bad. If even they RED TAGGED you that is a red tag from your buddies, your pals, your comrades in some figurative arms)

 

But of course, Yes, yes of course you are the victim here. (i mean aren’t you always?)

 

If only we would learn, we peasant tenant underlings, (many any tenants past and present I have spoken to feel this way so in that sense I am not unique) , Still if we could but learn that you are the Gods and we must accent whatever abuse you have to offer-- for what have you ever done without a filing of a complaint? You only do whatever you are forced or compelled to do, you are never reasonable nor cooperative, not with me.

 

You demand absolute subservient, abusive compliance and absolute acquiescence.

 

As you know (as I have provided you with a multitude of reliable statistics from authoritative sources previously) some experts have reported that there are over 100,000 injuries and a slew of deaths resulting from carbon monoxide poisoning, and these numbers do not even take into consideration the much higher number of long term, lower dose exposure of extended toxicity,

 

(432 people die, 50,000 people go the the ER--- in fact as per the Centers for Disease Control (CDC) 2,244 deaths in the period of 2010-2015--

 

Further more malfunctioning stoves and home heating heating systems contribute to the reality that 60 percent of home fire deaths involve missing malfunctioning smoke alarms as per Safety and Health magazine. Which has also been a serious issues here, If one considers Red Tagged heating systems, red tagged cooking stove, questionable Co2 and Smoke Detectors separately and in concert is an incredibly frightening cocktail.

 

https://www.cdc.gov/co/default.htm

 

https://www.cdc.gov/niosh/topics/co-comp/default.html

 

Carbon monoxide (CO) is a colorless, odorless, and toxic gas, which is predominantly produced by incomplete combustion of carbon-containing materials. Incomplete combustion occurs when insufficient oxygen is used in the fuel (hydrocarbon) burning process. Consequently, more carbon monoxide, in preference to carbon dioxide, is emitted. Some examples of this are the following: vehicle exhausts, fuel burning furnaces, coal burning power plants, small gasoline engines, portable gasoline-powered generators, power washers, fire places, charcoal grills, marine engines, forklifts, propane-powered heaters, gas water heaters, and kerosene heaters.

 

 

 

Exposure to carbon monoxide impedes the blood’s ability to carry oxygen to body tissues and vital organs. When carbon monoxide is inhaled, it combines with hemoglobin (an iron-protein component of red blood cells), producing carboxyhemoglobin (COHb), which greatly diminishes hemoglobin’s oxygen-carrying capacity.

 

Hemoglobin’s binding affinity for carbon monoxide is 300 times greater than its affinity for oxygen. As a result, small amounts of carbon monoxide can dramatically reduce hemoglobin’s ability to transport oxygen.

 

(EMPHASIS MINE)

 

”--Small amounts---can dramatically reduce hemoglobin’s ability to transport oxygen.”

 

In other words it does not take much and may not even set of Carbon Monoxide detectors.

 

“Common symptoms of carbon monoxide exposure are

 

headache,

 

nausea,

 

rapid breathing,

 

weakness,

 

exhaustion,

 

dizziness, and confusion.

 

(Think any of this can contribute to losing balance or falling? AND I have suffered and am suffering from every single symptom listed here. AGAIN, even IF, I am already suffering from these symptoms and conditions you do NOT get to make it WORSE)

 

 

Hypoxia (severe oxygen deficiency) due to acute carbon monoxide poisoning may result in reversible neurological effects, or it may result in long-term (and possibly delayed) irreversible neurological (brain damage) or cardiological (heart damage) effects.”

 

 

”--may result in long-term (and possibly delayed) irreversible neurological (brain damage) or cardiological (heart damage) effects.”

 

 

(EMPHASIS MINE)

 

I already have brain damage so this risk factor is GREATLY INCREASED, So thanks again for risking my life and health-

 

 

One time the leak was so bad I was ordered by the GAS COMPANY to evacuate my unit

 

Carbon monoxide exposure can be dangerous during pregnancy for both the mother and the developing fetus.

 

NIOSH Manual of Analytical Methods (NMAM)
NMAM is a collection of methods for sampling and analysis of contaminants in workplace air, and in the blood and urine of workers who are occupationally exposed.

 

Or what might be deemed is long term repeated exposure at lower levels.

 

I get it, you might not have been scared but I was, For crying out loud 5 red tags, was frankly 5 too many especially considering I was a new disabled tenants and Mario and Marcelo told me they knew there was a problem but forced me to get it red tagged.

 

Being told by the Gas company “get out or you may die--“

 

Of course it under lined the obvious concern if you were killing to do this to a protect class what was the likely hood that you did this to others as well including for example my neighbors?

 

As the vents are closely linked and all of the units are in close proximity to one another--it seems it is highly likely that I was experiencing off gasing problems or leakage from other unit that pervade mine Just as the smell and toxicity of cigarette smoke has also dangerously infiltrated my unit.

 

(We scientifically know even cigarette smoke can go through floors, walls and air vents)

 

I can factually state this that my C02 detector (one I had purchased on my own) has gone off many times with out any seeming explanation, even in the middle of the night. And I am not talking about a few random times, which in it of itself would be alarming)

 

Again, again, again, knowing I experience breathing issues,. low oxygen issues, falling issues, blacking out issues you again have the devil may care attitude towards this red tag siltation and C02 poisoning.

 

We also know that the resilience here are likely to complain nor summon any authority no matter the danger. So you were all accustomed to getting a pass from more of your residence and you had zero problems exploiting that.

 

 

As I stated before and in the past, I asked, in sum and substance, (more than once) if you know it is broken, (heating & gas stove) why not fix and the only reply they could give me (the brightest of their collective answers was) “We don’t do that here.”

 

You do not do what here? What does that mean exactly? A) You do not follow the law here? B) You do not accept your responsibilities here? C) That you do not fix things that you know are broken until forced to?

 

I would say D) yes, to all of the above.

 

The message was received and loud and clear 1) screw you, 2) everything will be a fight from now on,

 

(If you refuse to fix what you already know is broken what hope is their for anything, but anything else to be remedied?)

 

I would say none, nada, zero.

 

They knew the rules and so did I. I did not matter, I did not count.

 

Yet, what we failed to discuss is the serious impacts on long term health-that. Lower level, long term exposure to Co2 poisoning can cause- Included, but not limited to, memory problems and difficult concentrating, vision and hearing loss, dull headaches, weakness, dizziness, nauseous or vomiting, SHORTNESS OF BREATH, confusion, loss of consciousness)

 

https://www.sciencedaily.com/releases/2004/09/040906083815.htm

 

Source:

University Of Pennsylvania Medical Center

Summary:

Later this fall, emergency-medicine physicians enter into what they call the "CO season" – a time when faulty furnaces and other mechanical mishaps lead to a spike in cases of carbon monoxide (CO) poisoning. CO poisoning is the leading cause of injury and death by poisoning worldwide, with about 40,000 people treated in the U.S. annually. Brain damage occurs – days to weeks later – in half of the patients with a serious case of CO poisoning.

 

 

FULL STORY

 

Philadelphia, PA –- Later this fall, emergency-medicine physicians enter into what they call the "CO season" – a time when faulty furnaces and other mechanical mishaps lead to a spike in cases of carbon monoxide (CO) poisoning.

 

CO poisoning is the leading cause of injury and death by poisoning worldwide, with about 40,000 people treated in the U.S. annually. Brain damage occurs – days to weeks later – in half of the patients with a serious case of CO poisoning.          

 

The physiological causes of this delayed decline were not well understood until now. A team led by Stephen R. Thom, MD, PhD, Professor of Emergency Medicine and Chief of Hyperbaric Medicine, at the University of Pennsylvania School of Medicine, report this week online in the Proceedings of the National Academies of Sciences, that CO causes profound changes in myelin basic protein (MBP) – a major protein constituent of myelin, the protective sheath surrounding neurons. Using an animal model, they showed that the CO-induced changes in MBP set into motion an autoimmune response in which lymphocytes, triggered to eliminate altered MBP, continue to attack normal MBP.

 

Specifically, the researchers found that by-products of CO metabolism in the brain alter the charge and structure of MBP. "These changes in MBP have also been demonstrated in multiple sclerosis, which is why we paralleled the study along those lines," says Thom.

 

To link acute CO poisoning to long-term brain injury, the team conducted tests on normal versus CO-poisoned rats, comparing their abilities to navigate and memorize a maze. "CO poisoned rats don't learn," said Thom. "But if you render their immune systems tolerant to altered MBP, by feeding them normal MBP before CO poisoning and thereby short-circuiting the lymphocyte response, the rats learn normally."

 

Thom says that overall this work suggests that the 50 percent or more of patients who develop brain damage following severe CO poisoning may do so, in large part, due to an autoimmune reaction. The body simply does not know when to stop attacking what it now views as an invader. "This opens up a lot of possibilities, such as treatment with immunosuppressant agents, in conjunction with standard hyperbaric oxygen therapy," he says. "Until our study elucidated this immune response, we had no motivation to think along those lines."

 

Penn colleagues on the paper are: Veena M. Bhopale, Donald Fisher, Jie Zhang, and Phyllis Gimotty. This study was funded by the National Institutes of Health.

 

All issues that, amazingly, I already suffer from. But that is it isn’t it, well he has it anyway who cares if we make it a little bit or indeed a lot worse.

 

Beside then, now, you have plausible denibility, don’t you?

 

So who cares right?

 

But I digress; Complications: of C02 poisoning; permanent brain damage (already go that) , damage to your heart (that too i’ve been too) , possible life threatening cardiac complications, (source The MAYO CLINIC)

 

 

Yet, it is true that you can poison someone in one day or stretch it out over decades, yet what is the difference if the end result is the same?

 

Meaning what is the difference if your actions led (lead) to my death in a second or you do so in such a way that it takes decades?

 

Is not murder, murder? But you wish to argue (at best, at most) process and technique, not end result, not blame nor responsibility.

 

So the risks that you demanded, that I ‘accept’ (by threats of harassment and violence) were not even ones of inconvenience or discomfort but in fact, highly likely life threatening, or at a minimum life shortening and/or health damaging.

 

Nice, sweet, and oh yes, In no way discriminatory, right?

 

As you repeatedly failed to provide, appropriate, effective. competent and safe repair, (despite on numerous occasion having your armed security militia attended these ‘repair” parties.

 

Your security forces were there, to do as intended, to be a physical threading and intimating.

 

For who wants to try to get repairs or file complaints when armed threatening thugs that won’t let you use your wheelchair, nor wheelchair ramp show up to stand there as enforcers?

 

Your people that voluntarily chose to be your ‘enemy,’ the bad guys the haters, the discriminators are now given even more authority over you despite your complaints about them?

 

How exactly does that come off?

 

(and remember I have addressed this with you in the past and your written, documented response is now a matter of record, so there can be no changing it, altering it nor improving upon it now. Suffice to say I could find no one who thought your previous response was, well let us just say ‘good.’

 

(Yeah I knew I could not count on my own point of view alone so I solicited the assistance and opinions of others, and I could only muster minor very marginal unimportant, let us call it sympathy for you. Some were calm in their disapproval others were not quite as level headed, though disappointing others weren’t nearly as upset as I was but I could find no one that agreed with you, nor your conduct.)

 

Your manipulating behavior perhaps was not 100% successful but did largely had and has the impact you desired, planned and intended as there abusively were;

 

These vicious, cruel and abusive memories that you implanted through your wildly abusive behavior caused me to substantially alter my decision making process.

 

Yep, I was unquestioningly emotionally hobbled and did significantly and substantially modify my behavior to account for your threats,

 

(For who endure such history of fear and walk away unscathed? And who would not be and not have been impacted?)

 

It is not only a risk to my health and safety, but in fact ALL of your behaviors constitutes (the perhaps less serious) an interference with my quiet enjoyment-- as well as seriously impacting my warranty of habitability--

 

After all who can live in such a repugnant hostile environment, with dangerous common areas, the bait and switch and denial to access of your Business Center (I have many times gone there to find it closed, to find it in disrepair or otherwise non functional? And there was a similar circumstances with your laundry center while the areas are filthy and dangerous and often the machines turn on (not always) but are highly inferior in performance if they perform at all, (these are also inducements and described as amenities and not providing them constitute failure to perform, breech of and on your contract and collateral esspottple)

 

But such subjects are complicated as they have deep and profound societal and social impacts upon the person forced to navigate such difficult circumstances. But I will not tip my hand and arm you with an opportunity to create or resort to yet another permeative or canned response. Should the time arise my evidence is in place.

 

I know that all 3 of the associated corporations view as dirt beneath your feet and the scum of the Earth and this goes a long way in explaining why you and you staff and too many of your contractors behave in such a notorious way--leadership start from the top down and this of course tell us everything we need to now about you--

 

And it makes everything that has transpired tragically wrong and illegal but it also becomes clear as to how such horrendous behavior is encourage and permit to perpetuate-- and one might say even rewarded--

 

It has been 10 years after all, a decade--

 

As you also know that your conduct of omission and commission forced me to deny you the continued storage of your stove within my unit, (after 9 plus years)

 

I am not and never was responsible, for what was in effect, a paper weight-- I still await your payment for money owed--

 

as you do not work for free and neither do i--

 

Let us be clear about your dangerous and life threatening stove ( I have had 3 while on these premises).

 

Culminating in you FPI Management and Thruman LLC commandeering My gas utility and again engaging in an serious act of constructive eviction: (Yes I still posses the copy of the gas bill with your name on it, one that was years into my lease here at Wyvernwood.)

 

This illegally placing my utility in your name is universally recognized as being patently contra to law and part and parcel to a constructive eviction, full stop, period.

 

You further, intentionally caused the gas company, through a formulation of deception and fraud to enter illegally and to join you in your illegal trespass adding this to reveal your intent of constructive eviction.

 

(BTW a ‘Mrs. C’-full name withheld out of privacy and retaliatory concern) verified your rather elaborate deception and dishonesty)

 

Also as another ‘coincidence’ with your illegally trespassing on my property (and not surprisingly) personal possessions of mine; specifically paperwork, documents, photographs etc, concerning FPI management, Thurman LLC, and Wyvernwood, had/have going missing.

 

No, normal humans could care less about such financially worthless items going to opportunity and motive. (Further several Christmas gift (of very low cash, monetary value also went missing about or on this same time.)

 

But that is Wyvernwood always taking an already terrible situation and making it much, much worse.

 

Through this entire process I was again denied a useful and safe working stove which is a violation of my (1st & second) lease (s), I was also denied safe and reliable heating unit which is also a violation of my lease’s--

 

As you have well established that the risk to my health and life meant little to you-- sadly such a dangerously “functioning” gas appliances (heating & stove) was also seriously, negatively impacting my troubled breathing; and has unequivocally made everything worse even greatly increasing my likely hood to 1) have seizures for the physical and metal stress, 3) as well from the lack of oxygen going into my system which is already low,

 

So who is to blame for this? I am certain according to the angelic and saintly Wyvernwood et al not them, never them. Fort never once have they ever done anything even remotely bad wrong mistaken nor incorrect.

 

It is ‘interesting’ to note that various people I have spoken with who are familiar with the business practices of your 3 corporate entities, believe these, in their totality and individually actions are clearly retaliatory in nature.

 

they further felt that you imitated these actions as a from of retaliatory behaviors for me filing complaints with Wyvernwood, FPI Management, Thruman LLC, HUD, Building And Safety as Well as the Department of Health Et al-- (so it is not based solely on my opinion nor point of view)

 

If you have forgotten already I will remind you; that I have been repeatedly & continually denied both 1) safe heat for over 10 years and the use of safe stove for over 5 years-- leaves you are nearby noticed that you are in a total of 15 years -- in arrears--

 

But that is the double standard is it not? If I were in arrears to you I would have been evicted long ago but you folks get to do whatever you want with a total and complete disregard for fairness equity and the law.

 

This impromptu focus group of previous tenants Et Al were even stunned to learn that you denied additional legal rights by declining to honor my ability and legal right to have a seizure & comfort dog.

 

We also, as even novices understand how such denials can negatively impacted and epileptics health and in fact can either lead to or contribute to SUD, which is when someone with a seizure condition can suddenly die.

 

In fact, I would argue that all of you behavior has moved my own personal Atomic Doomsday Clock closer to encouraging my demise.

 

https://www.cdc.gov/epilepsy/about/sudep/index.htm

Sudden Unexpected Death in Epilepsy (SUDEP)

”--people living with epilepsy, the risk of Sudden Unexpected Death in Epilepsy (SUDEP) is an important concern. SUDEP refers to deaths in people with epilepsy that are not caused by injury, drowning, or other known causes.1 Studies suggest that each year there are about 1.16 cases of SUDEP for every 1,000 people with epilepsy, although estimates vary.2

 

Most, but not all, cases of SUDEP occur during or immediately after a seizure. The exact cause is not known, but these are possible factors:1,3-5’

 

Now follow this if you can and see if it reminds you of anyone you may know:

 

Breathing. A seizure may cause a person to have pauses in breathing (apnea). If these pauses last too long, they can reduce the oxygen in the blood to a life-threatening level. In addition, during a convulsive seizure a person’s airway sometimes may get covered or obstructed, leading to suffocation.

 

• Heart rhythm.  A seizure may cause a dangerous heart rhythm or cardiac arrest.
• Other causes and mixed causes. SUDEP may result from more than one cause or a combination involving both breathing difficulty and abnormal heart rhythm.
•  
• Of course my fear of death and risk of death from hits is dearly exacerbated by you negligence your propensity for being retaliatory and your culture and acceptable of abuse of and discrimination towards me as a disabled person.
•  
•  

Risk factors for SUDEP

 

The main risk factors for SUDEP are:

• Uncontrolled or frequent seizures
• Generalized convulsive (also called tonic-clonic or grand mal) seizures

Other possible risk factors may include

• Seizures that begin at a young age.3
•  
• Many years of living with epilepsy.3
•  
• https://www.epilepsy.com/learn/challenges-epilepsy/moods-and-behavior/mood-and-behavior-101/stress-mood-and-seizures
•  

Emotional stress also can lead to seizures. Emotional stress is usually related to a situation or event that has personal meaning to you. It may be a situation in which you feel a loss of control. In particular, the kind of emotional stress that leads to most seizures is worry or fear. One study found that in some patients, anxiety—another term for worry and fear—

 

 

led to hyperventilation (overbreathing) and an increase in abnormal brain activity and seizures. Other emotions that have been linked with stress and seizures are frustration and anger.

 

Sometimes the stress is a ‘major' event, but most often people report a build up of daily hassles or stress. 

 

Is my condition your fault? No. Is my decade of decline largely your fault? Yes. Have you made things much much worse for me? It is not any single act (perhaps) or one single episode of abusive behavior (maybe, as some are much worse than others) your have engaged in but the --- merging, the totality of your abuse,

 

It is the cumulative of injuries. Punch after punch, kick after kick--

 

Your own personal version of a death of by a thousand tiny cuts, as it is both cunning and evil and we both know why. But we know this typical of your various organization always pushing the limits of what you can get away with to its absolute edge.

 

You know the law does not permit nor substantially provide you tiny with true meaningful recourse to and for a singularity of seemingly insignificant injuries. So you 3 have maximized and fully exploited your ability to hide behind such loop holes just as you maximized my poor balance, instability and my epileptic seizures to shield your wanton negligence and cruel acts of commission and compounded by your omission.

 

So you get a free ride by knowing how to game the system.

 

As an example not only did you not exercise the logical additional care due to my disability induced balance issues, but you instead took my health vulnerablities as a chance to go to your default position of maximizing your abusive of me,

 

Just as your previous lawyer who essentially said: “who cares you fall a lot anyway.” And you have fallen a lot in the past anyway haven’t you--?” (poor balanced Mr. Epilepsy?)

 

How absolutely astute of you. Have you also learned that the sky is blue too?

 

But what can one expect when you abusively declined and you made it incredibly challenging (if not impossible) to safely have and obtain the medically necessary use of a seizure comfort dog?

 

It is all par for the course, is it not?

 

 

You built as many obstacles as you could,

 

Pathetically, You have habitually denied the existence of these letters despite me repentingly submitting them to you and you denying the absolute reality that my doctors has copies of them on file--Despite me providing you with 2 doctors letters. Leading to another interesting point that if you are willing to lie about something so easily provable what else have you and are you willing to distort to serve your own self interests?

 

And if you can and have denied them, (something so easily provable) what else can and will you deny?

 

For what rules and laws will such as your 3 organizations comply with?

 

You also dispatched you hench men, armed disturbingly with a noose to confiscated the dog I was caring for, all in an act of perverted spite and revenge.

 

He was tiny dog of perhaps 5 or 6 pounds but your armed bullies came to hurt and manhandle him--(All of which I reported to “Deputy B” of Animal control.).

 

Marcelo, the bully, (the unobstructed & encouraged one I might add) made it clear that my dogs life was in danger for which you also dispatched a 3 days notice--Why not? You seen this as your chance.

 

You can ‘weaponize’ your no pet policy (which you changed exactly due to this event, rewire history if you want the dates, the time line supports this coincidence , nope did not do it out of of the goodness of your heart but instead, out of the belief that you would once again take an action that would provide you with adequate legal cover to and for yourselves. Due to your prior violation of the ADA and robbing me once again, of my legal rights)

 

I was forced to take ‘my’ cat who was also targeted for abuse (his tail had been cut off a rock thrown at his eye, etc) and to relinquish them both to a no kill shelter--

 

I did this for the safety to save both of their lives because I do and did, absolutely believe that you were ready, willing and able to hurt and or kill them both, Marcelo did indicate that my animals might end up ”--in the Los Angels river-“- or using words to that effect.

 

Something which of course you accepted and approved of as you took no action what -so-ever.

For if one of my employers engaged in such outrageous behavior they have at a minimum been removed immediately.

 

But no not you, Never Wyvernwood, Nor FPI Management, Nor Thurman LLC. For it fit with your goal of intimidation and the increasing my misery index. To fulfill your ambition of self eviction or at least of being retaliatory and punitive.

 

Well bravo, mission accomplished.

 

Denying me my seizure comfort dog increase my rate and intensity and frequency of seizures? Yes.

 

Did it accelerate, increase the number the severity and frequency of my falling and injuries sustained? Yes it did.

 

So one can not argue that your deepest goals and aspiration have not been achieved.

 

Any one of those falls and/or seizures, individually and in combination could have ended my life--

 

And the fact remains I have been permanently diminished because of them all.

 

So congratulations.

 

So I folded, I gave in, I mean, what else could I do?

 

A threat of anything less then tot heir safety and of their lives that would have resulted in a legal Battle but I did not wish to play Russian Roulette with their precious lives. I was not willing to risk their lives just to be right. And let us be honest even if I would have prevailed in such a matter 1) would they be safe and alive 2) how many years would have gone by adding to my stress and suffering any ways.

 

But you went on with your standard of utilizing this bizarre ‘Hogan Heroes Sargent Schultz’ strategy of always purporting to know nothing--

 

However none of these a) Negligence, b) incompetence nor 3) spite 4) or worse- gets you off the hook-

 

But let us get back on track with intention and motive and simple history here:

 

Yet there is a greater and connecting point here you facilitated, promoted and encouraged (one can even argue trained)

 

This created, designed supported, directed and ‘unhalted’ philosophy germinated from and into Mario and Marcello’s bait & switch of apartments and amenities and forcing us to accept an apartment or to lose our hard earned deposit-- an apartment unit that full filled significant parts of my reasonable accommodations request--

 

Your management staff was smiling from ear to ear when they informed me. That the unit we had place our deposit on as no longer available-- he took great joy in showing me an alternative unit that was dirty filthy, unpainted had only hard wood flooring bad had no garbage disposal etc.

 

And the disturbing observable concern here is that they had no fear nor concern of being prevented or stopped nor discouraged, nor fearing any repercussion or reprimand in engaging in such monstrous conduct-- Something I believe is very revealing here--

 

Even once you repeatedly discovered this outrageous abusive and illegal behavior no outrage came from ANY of the 3 organizations involved while any reasonable employer and/or property owner should have been outraged in any of the conduct underlined here ANY, let alone witnessing them and allowing them in combination to continue in an unhinged manner for over a decade now--

 

YOUR reaction is every bit as confessing as what your people actually did-- as they say your silence, your utter acquiescence you’re utterly weak, you’re pathetic permissiveness has made ever single abusive action against me easily predicable and acceptable-- and destined to happen-and this is at a minimum, as some people have told me that it sounds deliberate and planned to them,

 

All of these behaviors including but not limited to your bait and switch orchestrated to deny me reasonable occadamation (and perhaps outright theft?) are wholly contrary to my requirements as described and permitted under the ADA, (one I will underline to state) required no further short term nor immediate action on your part-- which makes this conduct all the more perplexing and that much more difficult to massing any reasonable motive for this-- (I am being nice of course)

 

For if it was a mistake it was wholly yours.

 

If it was a mistake why refuse to offer me an equally ‘accommodated’ apartment.

 

If it was simply a mistake why was your management so hateful, so spiteful in sticking to me,

 

Why tell me take a dirty filthy unit that did not suit my disability?

 

Why be so rude and ungracious and so unapologetic?

 

Nah, they were glad, they were happy, I was there you were not so I am not interested in your conjecture as we already know what you will say--and your statement will posses not an once of courage nor truth--

 

Cover up, hide deflect and blame the victim;

 

It is indisputable that for all intent and purposes, it (the apartment) was “ready to go.”

 

As Of course, in case you were not paying attention this (the one you cheated me out of) apartment took into consideration my disabilities and provided the much need carpeting, in order to ease the burden of pain to my feet and to blunt my inevitable (inevitable) falls as well as to mitigate blunt or prevent, the multitude of injuries resulting from me dragging my feet from my inferior bio-mechanics- -But who cared? It did not matter to either member of your management team that carpeting was in fact a safety measure for me and also greatly reduces my suffering, they reveled in my misery--

 

Nor at any point did FPI MANAGEMENT, Nor THRUMAN LCC, properly supervise nor train their employers to prevent this from happening or to properly repair this horrible and destructive behavior once it did occur--

 

(You failed to consider nor improve, nor correct in an equitable manner) And instigated and perpetuated a suction that never had to occur was easily available and equally as simply to correct and repair, for after all how much reasonable could the accommodations have been when that unit was already carpeted? And how much easier could it have been to carpet both rooms as was in the the unit we in good Faith put my deposit on;

 

(Collateral estopple, no?)

 

OF course you must not only accept responsibility for simply whatever injurious falls I have sustained with out the benefit of carpeting but also the wear and tear that increased much more and caused me to become that much more unstable and to increase the level of falling I have already previous experienced--

Not to mention that the most serious and damaging of my falls and injuries were created by your negligence, including but not limited to inferior falling you flooding my apartment, the toilet backing up, leaking, sinks leaking in disappear, poor carpeting, Bath tub trim coming losing and creating a striping and falling hazard poorly lit, forcing me to fall on hard wood floors, poorly kept and maintained common areas, including but not limited to consistently trash filled stairs wells etc, etc, etc,

 

In other words not only did you deny me the benefit of falling on carpeting but caused me greater wear and tare on my body by forcing me to ambulate on hard surfaces that actually INCREASE and /or causes my excessively high fall and injury rate--not to mention to deny me any consistent ability to use my wheelchair, to use my ramps, to travel over dangerous and Wyvernwood neglected property *broken sidewalk, trash garbage, threatening (Uneducated about the ADA) security guards, employees etc.

 

When I repeatedly asked for both room to be carpeted I was treated as if I had asked my apartment to be paved with gold--the end result is that I was denied my ADA valid reasonable accommodation.

 

Yet you decided to knowingly deny me with planned and deliberate fore thought and protections and did so with the malicious intent of denying me of the reasonable accommodations that I sought,

 

Your ultimate, final offer was to ’--take the highly sub-par apartment or leave your deposit with us--’ which you knew I could ill afford because I told you so, none of this can be constructed as an an accident-- unless you are either completely dishonest or delusional,

 

But let me take a step back and clearly highlight something critical here:

 

As Marcelo and Mario were, at this point, (the take it or leave it part) and positively, inexplicably giddy.

 

Marcelo enjoyed twisting my last name and calling me ‘Mr. Sucks’ despite me correcting him he would continue to mock me. HE always laughed when he called me names. He was thrilled to tell me he would not be helping me, nor would he permit any of employers to help me get my wheelchair over the doorway threshold of my unit.

 

Stating many things, including, “we don’t do that here.”

 

From there we engaged in a long punitive and unnecessary battle with your management-he was sure I would fold like everyone else did and allow him to violate the law--

 he grew angrier and angrier as I continued to “defy” him and Mario. From here he was hell bent on finding anyway to get me back--

 

But I will skip ahead as you should be well acquainted with the events of that time period-- but I once again digress- -by now-- within days the garbage disposal malfunctioned and was not replaced but instead inappropriately removed by you- Marcelo relished telling me he would neither repairing nor replacing it -this is analogous to having leased a brand new car and the dealership removing a broken car charger and refusing to provide a new one or to institute repairs, it, But your management staff has been consistently petty-- and vindictive Perhaps this should be expected as they are use to being abusive with impunity,

 

I believe this was in violation of our contract-- while the car of course still function, they have removed part of the inducement of me signing the contract-- deleting a section and inducement of my legal consideration-

 

However failing to do either is both acting in bad faith and in fact breech of contract--

 

But Wyvernwood, FPI Management and Thruman LLC was not done with me yet, not by a long shot--as their desire for revenge would not, could not be assuaged so easily-- having not been satisfied by violating my lease as they now sought to inappropriately terminate my lease because I had simply ended my relationship with my former employer-- --

 

Yes, it sounds like it make no sense because it does make no sense--

 

But relevance to reality is not a central concern to Wyvernwood and your Trinity of involved corporations, as the factual reality was that rent was continued to be paid in a timely fashion--the only motive here--to pursue such nonsense was and is simply spite-- But no Marcelo, Et Al was insistent on pursing this nosiness as they believe they had finally seized upon their opportunity for revenge that they had sought since I prevented them from stealing my deposit money--

 

Yes, to defend against this incredibly weak and preposterous position we forced to attain the assistance of an attorney to again. This situation informed you of all you needed to know about Marcelo and your team--

 

Sadly, pathetically we were a only able to resolve another pointless angry triad caused by Wyvernwood and the fueled by the insecure Marcello and his side kick Mario-

 

It should also be noted that within a candid conversation with Rosie Casa of FPI management she did express concern about Mario’s involvement in this matter--

and was clear to me that she did not abide by his behavior, and I felt also expressed Mario’s history of such discriminatory behavior--

 

However, the damaged of the past was not mitigated nor resolved nor did our relationship improve with Wyvernwood- -simply by revolve this situation that should have never existed in the first place--

 

Therefore Mrs. Casa’s words and sentiment proved truthful but ultimately hollow--

 

But let me circle back to the inauspicious beginnings of our relationship: It was then that Marcelo and Mario doubled down on the abuse declining to help me with my wheelchair and informing me that they would not fix the heater in fact any other problem unless it was red tagged or they were in fact, compelled by an outside agency--

 

(eventually I was told to evacuate you by the gas Company and informed if I did not do so immediately it could result in the death of myself and other ultimately in I believe 2013 this was documented some form to, some extent in a local newspaper, and i have, to the best of my knowledge and recollection, 5 red tags--, which is fascinating in it of itself because the gas and local utility companies as well as Local enforcement agencies such as the Department of health consistently heavily favor landlords- -therefore ANY sort of action taken against a landlord needs to be magnified as to its serious by a factor of at least 10. In other words that LA Housing Department, the gas Company or The Department of health took you to the littlest bit to task speaks volumes to the actual reality of the wrong you have committed)

 

I asked, in sum and substance, that if you know it does not work, if repairs are required, why not simply do that.”

 

Your management teams response was words close to: “we do not do that here.” I had never heard such a requirement nor demand in my entire life--

 

They further threatened me that they acted punitively by throwing people belongings in the trash or by simply confiscating them--never to be recovered-- as you know I have had other property disappear without record--

 

I believed this, at the time, to merely be toxic male bluster-- as both men appeared to be particularly insecure-- and were constantly acting in an arrogant way to consistently make a point of establishing their power and authority over me--

 

Nearly everything they said was intended to convey the message of ‘do not mess with us or you be sorry’-- their body language and tone of voice reinforced anything they put Forth--

 

They were threatening, menacing, but not completely stupid--

 

They took great joy in telling this news-- meaning they were grinning, their body language and tone of voice were both vindictive and celebratory--

 

throughout this history here, though not necessarily with every employee I have encountered, there has been a pattern of abusive, abrasive and unprofessional behavior that has extended, but is not limited to, constant harassment by your employees and security in order to prevent me from utilizing the apartment and complex’s legal and appropriate use. Interfering and preventing my quiet enjoyment-- violating my warranty of habitability and much of your behavior is a serious and clear from of constructive eviction--

 

I will revisit these details in a minute--

 

As you know several of my bikes etc, which were being moved to be donated to the local charity on Soto Blvd was stolen by your workers-- (as well as documents and items that only Wyvernwood would have an intrest is. Simply it is a serious issues whether your employees or agents committed them or ALLOWED them to be committed. As I do have that e-mail that acknowledges your awareness of an attempted robbery of my unit)

 

This is clearly in violation of this and other legal concepts including but not limited to; e. [3:31] Security against crime: Other than statutory requirements for locks and security devices (see ¶ 3:21.5), a tenant's right to security against crime is not dealt with in the codes as an incident of the warranty of habitability.

Some older cases handled landlord-tenant security against crime issues under the warranty of habitability umbrella—either as an affirmative damages claim or a defense to an unlawful detainer (below). But that approach has waned in favor of an apparent uniform treatment of the subject under tort law (¶ 3:38).

 

(1) Warranty of habitability claims

• [3:32] The implied warranty defense to an unlawful detainer was recognized where Tenant alleged that, despite written promises, Landlord did not provide full-time security guards. “A landlord's duty to provide security measures to protect tenants against crime ... can be a part of the implied warranty of habitability.” [Secretary of Housing & Urban Develop. v. Layfield (1978) 88 CA3d Supp. 28, 30, 152 CR 342, 343]

 

• [3:33] The warranty of habitability was also held to protect a tenant who was raped and robbed in a dimly-lit apartment building lobby. The incident occurred after other tenants had complained to Landlord about a defective doorlock following a recent attack on another tenant. The court held that landlords have a duty to protect tenants from foreseeable criminal acts of third parties because of the “special relationship” between landlords and tenants and the warranty of habitability implied in the rental agreement. [Kwaitkowski v. Superior Trading Co. (1981) 123 CA3d 324, 333, 176 CR 494, 500]

[3:34–35] Reserved.

 

I am illustrating this to point out to you that such treatment, is constant with a consistent methodology, custom, practice, and/or policy, (one of discrimination and maltreatment) as is all of the behavior (within this notice and in every other notice i have submitted to you) and this has always been the culture of this facility for as long as I have had contact with it-- and you--that has created, fostered, encouraged and stoked a constant hostile environment here--as a vehicle, tool, mechanisms to be applied as a weapon against those you believe are oppositional to the real goals and agenda-of upper management-- as well as owners-

 

This machine that you have created and to elevate the misery index in hopes of having me and others self evict--and also created a space between you and your employees to ride out the few bad apple theory rather than to acknowledge that you are all involved in pulling their strings--

 

All the while you retaining this veneer of plausible deninability--

 

It should be further noted that there is well beyond my impression only as even our local tenants association has informed me that over 300 people, that have made the decision to stand up for their legal right here at Wyvernwood have been unfairly and likely

 

Illegally evicted- -recognizing that you have long history of retaliation and behaving putatively-

 

We also know that it is part of our documented records that you attempted to apply the same strategy to me including one you posted on my door and Dated December 25, as a very personal Merry Christmas to me, and yet another instance where our money order (not check) was mysteriously lost by you for which I received a form of an eviction notice from you only once pressing you you magically discovered that your accountant in fact had it in their possession.

 

(Again, a local lawyer had to assists us with this fake manufactured problem)

 

Reinforcing that anyone wishing to pursue their human or legal rights on this property gets a target painted on their back for their troubles. As the years went on that target only grew bigger-- and much more apparent-- it is obvious to anyone paying attention to the pattern of events that occurred here----as to what their apparent intention-- Further it was clear to me that your security operatives were now much more included in that I was an enemy of you owners.

 

I mean come on, having an armed security guard screaming (as if he were under attack) “I need back into their walkie talkie” is a bridge that is much too far to cross for any sane individual.

 

Fortunately, for that poor desperate despondent soul I was only taking pictures of the multitude of violations on your property. I truly hope he received psychological counseling after, what apparently was an incredible traumatizing experience.

 

It has been a horrible and damaging experience to have security included into a personal vendetta conducted and orchestrated by Marcelo and company; I have been perceived and categorized by you as “uppity” and more specifically targeted relates of having unencumbered use of my wheelchair and ramp-- as they were also incredible abusive when it came to me exercising my legal rights as described and permitted under California State Law and The federal law titled American With Disabilities Act.

 

As it is clear, that and your security team engaged in discrimination of me, because of my disabled status-- one that was so extreme that I felt physically intimated and endangered. Even one discrimination attorney advised me that there was ”--a serious risk of (me) being shot--

 

(We know you are doing this in the guise of creating plausible deniability, the less you claim to know the better right? After all what can you do about a satiation that you do not know about? Well, does this work --umm, No, not really. But apparently you believe it does. Gain the pervasive mind set and long standing culture of your 3 cooperating organizations)

 

If only you would accept your legal as well as moral responsibility-- as power should not be wielded so carelessly--

 

I will underline that Your retaliation has also manifested in the the temporary loss of electricity, I have also suffered the loss of use of the refrigerator and now permanently no longer having a stove and loss of safe use of heat not having safe use of one exceeding 5 years. Several times I was left to me own devices.

 

Resources, to our own remedies as you have decline to, more often then not, declined to even replace blown fuses-- despite circumstance or responsibility--I will remind you of a non working kitchen sink for over 8 months as well as smashed kitchen and bathroom window for around the same duration--(just like the garbage disposal, the stove the heating system, the bathroom heater, lights, pattern, pattern, pattern)

 

I will also remind you that penitence referred the matter to security without EVER see any of the damage-- as I stood inside, and spoke to them through my kitchen window they demanded my Drivers License, of course such a demand was unreasonable as I did not posses a license as such a government document as it did not exist due to medical reason as prescribed by my doctor-- that further I had no such ID as they request and had not had one for well over a decade--

 

They only contained to threaten me, stating, “no ID, no repairs-” and added that I could ”--you can call your Mommie-” or words to that effect. They Never once asked me any other questions, nor did they file a police report--

 

The NO ID request crosses over into requesting someone’s immigration status and other similar laws and is patently illegal and discriminatory; plus it violates my privacy and status as a disabled person;

 

They were deliberately acting in a discriminatory abusive and threatening manner-- and once again acted as your muscle violates intimidators- that was trying to amongst other things scare me into NOT reporting it to various regulatory agencies--

 

I will NOT describe all of their conducted but it did include (but was not limited to)

 

They would periodically position their hands close and or on their holsters-- (in at least one of these incidence I do have a picture where you can clearly see the security personal manuring to draw his weapon from his holster-NOT untypical behavior, and what exactly is the purposes of this and the subconscious effect of this behavior?)

 

(They are not stupid they know EXACTLY what they are doing)

 

So was I interested in a repeat performance? They were certainly willing to say and do whatever they had in justifying whatever action they were postponing themselves to take--

 

Suffice to say it was clear they were ready willing and enable to engage in violence to drop my request for repair and, in that temporary, immediate instance, I did--

 

Nope, I did not wish to get shot-- and killed--

 

They realized I was disabled and did not care they were nothing a threatening and menacing force that was dispatched to most effectively intimidate me--

 

And incredibly disturbing way to apply armed thugs to enforce your on hand--this pattern has been a constant one--as My seizures are triggered by stress- you can inform them that mission accomplished--

 

All of which, this poor and illegal behavior has severely impacted my health and caused my condition to become ever increasingly worse--

 

They simply left assuring me that nothing would be done and they delivered-- it was only after the depart of Health inspected the premises that you were once again force to make said repairs-- Neither security nor management, followed up in writing as such a situation would demand--

 

But this and other types of radical abuse are par for the course here at Wyvernwood, FPI Management, and Thruman LLC, as it has all been part of a larger plan-- to deny me my rights and also to apply

 

A frightening and intimating, destructive combination of strategies of brilliantly applying both omission and commission processes to achieve maximum effect..

 

By engaging and applying such a doctrine it is rather effect as it is the one small straw at a time seeking to explore at which point my back will be broken or worse--

 

Let me commended you at how effective you have applied your techniques -- often applying them in such a way to at least create some level of plausible definability-- as your behavior has been so outrageous that that only would create and foster doubt in the average observer-- as the are so beyond the normal experience--

 

why you wish to conduct in this torturous experiment of a thousand tiny cuts it is beyond my ability to explain--- I can not explain nor am I interested in explaining why people do bad things--

 

Just as I can not explain why you explained that your personal had witness a person either try to rob or in fact rob my apartment, and you refused to take appropriate action (yes I still have your notice to me)

 

For your edification the appropriate response would have been to contact law enforcement not acknowledge your witnessing of the event only after being prodded and pursued by me--

 

The abuse and overt and covert omissive (omission * commission) and ‘comissive’ retaliation is perpetual in nature--

 

IT can not be stressed enough that These issues greatly limit my ability to traverse the common areas safely and unencumbered. This refusal to accept personal as well as professional responsibility has resulted in an denial of me to consistently leave the apartment and the complex itself posses unavoidable and insurmountable hazardous in others words because the property is so portly and dangerously maintained must locate each and every time I walk out my front door as to what level of danger will I face upon this journey--

 

I am hope you are not going to suggest I never level my apartment if I feel it present a psychological danger as that would involve me being held against my will--

 

You have in effect create a figurative mote, though in many way real, by having surrounded my premises with rusty nails, broke glass, bottle tops trash cigarette butts, water hazards-- cactus, your employees and contractors obstructing walk ways, exit and entrances to pathways and common areas and denying me access both on foot and wheelchair

 

not crocodiles but lose dogs own by your tenants that are allowed to threaten me other people and kids and in fact has result in the death of animals on the premises--

 

Short of being to build a bridge or to levitate there is no safe way to navigate this complex for me, as my health, disabilities and my ability to ambulate with the lack of care given to the Wyvernwood property is a poisonous combination to say the very least. You are already well advised of my issues with my balance and that since I was very young fall far more frequently then the average person, my challenges with eyes site, my partial blindness as well as my seizure and other numerous disabilities.

 

The tragedy here is that standards of care of exercised on this property is in fact sub standard, I can accurately say I have never lived at or known of anyone (that I can recall) that resided at such a poorly run and dangerous property. With your disinterest in marinating these premises I can not even comprehend why you would wish to remain in a field you so apparently, at worst, detest and at best have no interest in.

 

I will attempt to lay out the central issues of concern in no particular order:

 

1) Misquotes are a rampant problem here as you must be aware that there still is Zika, malaria, West Nile Virus and other very serious disease that can be spread by these insects (and even possibly Covid-19,) the the hallway and common ways are a manufacturing facility for these pests.

 

(f) [3:19] Clean and sanitary premises: Building, grounds and appurtenances that, at the inception of and during the rental period, are clean, sanitary and free from all accumulations of debris, filth, garbage, rodents and vermin. [CC § 1941.1(f)]

 

Further, the tenants. Et al, need to cease and desist (both which endure with your approval and acquiesces, tacit and otherwise) in flooding the hallways and causing them to both dangerous and impassable, it is another cause of redundant injuries that I have sustained and again the problems are so large and so consistent the only way to avoid them is to never leave my premises, ever.

 

Additionally, it is critical that any remaining standing water be removed immediately as it too frequently exists on both sides of the stairwells, which makes it many times, impossible for me to chose another route in or out of the premises and my unit. Of course, to be obvious, choosing alternative routes is not my responsibility and often frankly not within my ability. However, While I do endeavor to avoid such issues, to the best of my bodies functionality,

 

(f) [3:19] Clean and sanitary premises: Building, grounds and appurtenances that, at the inception of and during the rental period, are clean, sanitary and free from all accumulations of debris, filth, garbage, rodents and vermin. [CC § 1941.1(f)]

 

(g) [3:20] Trash facilities: An adequate number of appropriate garbage and rubbish receptacles, kept clean and in good repair at all times, beginning with inception of the rental period. [CC § 1941.1(g)]

 

(h) [3:21] Floors, stairways and railings maintained in good repair. [CC § 1941.1(h); see also Knight v. Hallsthammer (1981) 29 C3d 46, 58, 171 CR 707, 715, holding that it is proper for the court to give CC § 1941.1 as a jury instruction]

 

it is simply not my responsibility to do so and only compounds my physical pain and suffering and mental anguish.

 

As for me it is apparent, for each extra, unnecessary step I take leaves me with hours of added on pain and fatigue to my already worn out and injured body.

 

It can not be emphasized enough that you have consistently failed to maintain even a minimal functional and practical safety standards, for it is a rare event that I even witness your employees sweep and clean the hallways and the stairs which is a central point of repetitive injury causation for me.

 

To sum up this area of concern--It should be clear to you that creating and permitting such an environment, that This mere existence of standing water is threatening and dangerous as it is a breeding ground and comfortable and inviting environment for these variants of insects-as well is ripe for slip and falls. -It should also be obvious to you by now that twisting your ankle on a consistent and habitual basis, stubbing your toe, pulling you hip, spraining muscles, wrenching your back on these puddles, trash litter debris, cigarette buds and other alien objects is cumulatively destructive for the average person let alone someone in my already precarious position.

 

When might be able to view this as habitual negligence or it can be easily seen At the reality that you are committing and involved in systemic discrimination. As you by now realize through common sense and with practical experience in dealing with my disabilities--

 

Further, It is not uncommon for me to delay or alter my schedule to accommodate these consistent and overwhelming obstacle course of hazards as simply, it is impossible to avoid them all.

 

It is also within the norm for me to twists my ankle my knee etc, or to stumble only magnifying my injuries bit by bit, little by little as the accumulation of injuries moves closer everyday to permanently becoming the straw that breaks the camels back.

 

As of November 21, 2020; I assessed the parking lot and stairs nearest to my unit and both were markedly unsafe Which makes it apparent it is scary to live in Wyvernwood, and especially frightening for me.

 

To provide clarity there is also no doubt it is hard to live in an abled world as a disabled person,

 

but there is also no doubt that Wyvernwood, FPI management, and Thurman LLC, in a combination of behaviors through omission and commission, makes it significantly more dangerous then it has to be.

 

I have take a multitude of video and photographs of them--as well as the filthy and dangerous common areas, particularly our parking lot where it is not uncommon to find a multitude of beer bottle cans, newspapers, junk food packaging and an abundance of slippery cigarettes buds- etc--

 

As an important but quick side note The lights work inconsistently in hallway-etc-and that presents an obvious danger--to me and others.

 

As far as the unit itself these frequent third world water shut off and electrical ‘shut offs’ are not just an inconvenient , easy uncomfortable but also present an unsafe living environment-- we must be able to wash our hands and be properly and timely informed of any water emergencies, you should commit to doing real long term repairs to prevent this issues of redundancy--

 

Yet, we are offer no adjustment on our rent for these consistent denials of service. It is clear considering all of this a pro rated refund for the years of loss of service are in order and a lower of rent as we do not have these promised amenities, of a consistently working laundry facility, an availability of a business center and computer room, the garbage disposal the years of loss of heat and use of a safe stove, broken and dangerous side walks and common areas, a lack of curb cuts, denial of a seizure dog, denial of use of wheelchair ramp, denial of use of a ramp, 8 months of no kitchen sink, 8 months of a smashed kitchen along with a bathroom window making it dangerous and excessively cold will a threat to break in and other security issues, (maintenance reported it to security and security told me that they needed my driver license in order to institute repairs, huh?) multiples flood in the bathroom resulting in a serious head injury and multiple slip and falls, etc etc.

 

As for the Your ‘repairs’ within the unit itself are degrading and are predictably temporary. As this is the Wyvernwood way- to band aid everything in hope of running out the clock or to exhaust those with legitimate complaints and grievances. A merciless battle of attrition.

 

So you can expend a minimum possible while you put on a circus for the outside world and inspectors-

 

And it is also worth nothing that these repairs only happened after nearly a decade of complaints and following a repot by the department of health. -

 

It does not appear that these rapid erosion and detestation issues are not from workman ship but for the lowest quality products available- -proving that more often than not, being frugal can demonstrate itself to be more expensive in the long run.

  TO list some of them randomly the Shower cover border lining, (caused me injury) is coming off the Bath tub, mold has returned in the bathroom with a vengeance (no surprise I warned you of this-this the 4th incompetent tying the hands of your repair people method, combined with stalling for time, delay and cancel legitimate repairs to save yourself trouble and expense) everywhere which is not surprising having studied proper mitigation efforts and your lack of compliance with them--

 

It is also again bizarre and disturbing to note that mold is medically know to interference with the upper respiratory system and can seriously impact health and acquiring healthy oxygen, again directly participating in seriously contributing to my serious balance issues, my seizures, and my low oxygen levels.

 

Here is what our research tells us:

 

From: https://moldsafesolutions.com/cdc-report-says-mold/

 

(Don’t click on my links I accept nor responsibility for their safety. Simply use a search engine to find them. Do the work yourself. Where is the exercising of your due diligence?)

 

It is entitled: CDC Report Says Mold Can Cause Various Illnesses and Diseases Such as Cancer

 

(Reprinted or released on or about Dec 2, 2018) The report was originated by the National Center for Environmental Health, Agency for Toxic Substances Disease Registry, Howard Franklin, MD, Director, and the Division of Environmental Hazards and Health Effects, Michael A. McGeehin, PhD, Director.

 

Who I have contacted perhaps we can bring him in to talk about it?

 

“The report is interesting because it details the serious health effects that wet buildings and mold can cause to humans. Various diseases, infections, and illnesses such as asthma, an immune-mediated disease known as hypersensitivity pneumoniti, and long-term ingestion of aflatoxins (produced by Aspergillus species) which has been associated with hepatocellular cancer.”

 

Well let see how it can be transmitted ( as I have informed you repeatedly for years)

How Persons Are Exposed to Mold

 

Mold exposure can produce disease in several ways. Inhalation is usually presumed to be the most important mechanism of exposure to viable (live) or nonviable (dead) fungi, fungal fragments or components, and other dampness-related microbial agents in indoor environments. The majority of fungal spores have aerodynamic diameters of 2–10 µm, which are in the size range that allow particles to be deposited in the upper and lower respiratory tract (5).

 

 

Inhalation exposure to a fungal spore requires that the spore be initially aerosolized at the site of growth. Aerosolization can happen in many ways, ranging from disturbance of contaminated materials by human activity to dispersal of fungi from contaminated surfaces in heating, ventilating, and air-conditioning (HVAC) systems. Fungal spores also can be transported indoors from outdoors. “

 

Again I have told you and your repairs supervisors, your contractors etc. It is not ignorance is bliss but chosen ignorance is bliss.

 

To further the conversation one exposure: “Persons can be exposed to mold through skin contact, inhalation, or ingestion. Because of the ubiquity of mold in the environment, some level of exposure is inevitable. Persons can be exposed to mold through contact with airborne spores or through contact with mycelial fragments.”

 

It also adds: “Skin contact or exposure by inhalation to either spores or mycelial fragments also could occur in a dusty environment, if the components of dust include these fungal elements.’

 

 

So thank you for taking anemic and reactant action (forced, mandated) at best over the past decade.

 

“For the majority of adverse health outcomes related to mold exposure, a higher level of exposure to living molds or a higher concentration of allergens on spores and mycelia results in a greater likelihood of illness”

 

So thank you for playing very high stakes Russian Roulette with my health and my life. So sweet of you.

 

It goes on to discuss: Factors That Cause Disease from Mold

 

Numerous species of mold cause infection through respiratory exposure. In general, persons who are immunosuppressed are at increased risk for infection from mold (11).” (LIKE ME) “Immunosuppression can result from immunosuppressive medication, from medical conditions and diseases that cause immunosuppression,”

 

“Infections from mold might be localized to a specific organ or disseminated throughout the body.”

 

Many of the major noninfectious health effects of mold exposure have an immunologic (i.e., allergic) basis (6). Exposure to mold can sensitize persons, who then might experience symptoms when re-exposed to the same mold species. (like my 10 years living here)

 

For sensitized persons, hay fever symptoms and asthma exacerbations are prominent manifestations of mold allergy (6). Although different mold species might have different propensities to cause allergy.”

 

In addition, exposure to beta glucans might have an inflammatory effect in the respiratory system (12). (but IO guess you are just willing to take that risk with my health and my life, just like with my falling and my seizures and epilepsy right? right? My poor, ok TERRIBLE balance)

 

Thanks again.

 

(But there’s more)

 

Ingesting toxins that molds produce can cause disease. Longterm ingestion of aflatoxins (produced by Aspergillus species) has been associated with hepatocellular cancer (14). In addition, ingestion of high doses of aflatoxin in contaminated food causes aflatoxicosis and can result in hepatic failure (11).

 

(There’s more)

 

For the Public Unable to Use PPE or at High Health Risk from Exposure to Mold (hmm Who uses PPE at all till Covid?)

 

The effect of exposure to mold varies widely. Persons who might be affected to a greater extent than the majority of healthy adults include (5,6,9):

 

(Now pay attention because here comes a very important part)

• persons with respiratory conditions (e.g., asthma) or allergies, and
• persons with weakened immune systems (e.g., patients receiving chemotherapy, organ or bone marrow transplant recipients, or persons with human immunodeficiency virus infection or autoimmune diseases).
•  
• (Most , if not all of the above applies to me)

 

Persons with special health concerns should consult their health-( I have) care provider if they are concerned about mold exposure. Symptoms that might seem related to mold exposure might have other causes, such as bacterial or viral infections or other allergies.

 

The level of risk associated with exposure activities and the potential benefit of recommended PPE are unknown for pregnant women, persons aged >65 years, and children aged <12 years; exposure-reducing behavior and respiratory protection might be difficult for children aged <12 years.

 

(Again who wears PPE indoors particularly pre pandemic?)

 

Oh and besides the CDC recommends:

 

“Using respirators or other PPE might increase health risks for persons with underlying health conditions. Persons who have trouble breathing while using a respirator should stop working and contact a doctor or other medical provider (1).”

 

Further just to make everything even worse for me:

 

“Although this report focuses on potential health effects of fungal contamination, other exposures are also of concern. For example, dampness favors proliferation of dust mites and microorganisms such as bacteria (44,45) and nontuberculous mycobacteria (46). Endotoxins (components of the cell walls of Gram-negative bacteria) have strong inflammatory properties (6,44,45,47–49). Moisture also can release chemical constituents from building materials (6).”

 

(Hmm, more likely then not?)

 

Standing water supports rodent and cockroach infestations (15,44,45) and proliferation of mosquitoes (30). Fecal contamination of the environment raises concerns about protozoal and helminthic parasites (50).

 

 

Overview of Fungal-Induced Diseases

Fungi can cause a variety of infectious (52–58) and noninfectious conditions (6,44,45,47,59,60). Several basic mechanisms can underlie these conditions, including immunologic (e.g., IgE-mediated allergic), infectious, and toxic (6). Several of these mechanisms contribute to pathogenesis of a fungal-induced disease.

 

The types and severity of symptoms and diseases related to mold exposure depend in part on the extent of the mold present, the extent of the person’s exposure, and the susceptibility of the person (e.g., persons who have allergic conditions or who are immunosuppressed are more susceptible than those without such conditions). Molds produce a variety of volatile organic compounds (6,7,60), the most common being ethanol (61), which are responsible for the musty odors associated with fungal growth.

 

 

Exposure to moldy indoor environments is also associated with a variety of upper and lower respiratory tract symptoms (6).

 

(Highlights are mine)

 

 

CDC commissioned the Institute of Medicine (IOM) to perform a comprehensive review of the scientific literature in this area. The resulting report (6) was published in 2004 and remains the most current and authoritative source of information on this subject. The IOM categorized its findings into four categories:

• sufficient evidence of a causal relation,
• sufficient evidence of an association,
• limited or suggestive evidence of an association, and
• inadequate or insufficient evidence to determine whether an association exists.
•  
• Sufficient evidence links upper respiratory tract symptoms (e.g., nasal congestion, sneezing, runny or itchy nose, and throat irritation) to damp indoor environments and mold (with exposure to mold often determined by self-report). Similarly, sufficient evidence exists for a link with the lower respiratory tract symptoms of cough and wheeze.
•  
• Sufficient evidence also was found for a link between damp indoor environments, mold, and asthma symptoms in sensitized persons with asthma.
•  
• Evidence also is sufficient for an association between mold exposure and hypersensitivity pneumonitis in a small proportion of susceptible persons, invasive respiratory and other fungal infections in severely immunocompromised persons, and fungal colonization of the respiratory tract or infection in persons with chronic pulmonary disorders.
•  
• (So at minimum you have (knowingly, deliberately, negligently, ‘retaliatorly’) amped up my level of suffering, at worse, you have shortened my life, given and caused me a disease (s) and ruined my quality of life.)
•  
• As a TINY TINY example:
•  

Asthma is a disease characterized by episodic, reversible airways obstruction and eosinophilic airways inflammation (45,47–49,62,63).

 

Over time, chronic asthma can lead to airways remodeling and irreversible airways obstruction (45,47–49,62,63). (Irrevisible!)

 

Persons with asthma often have symptoms such as chest tightness, wheezing, dyspnea, or cough (45,47–49,62,63).

 

 

(Highlights are mine)

 

The onset of symptoms while in damp moldy environments, especially while wearing PPE, should be an indication to leave the area and to seek appropriate medical care.

 

 

Humidifier fever is characterized by fever, respiratory symptoms, and fatigue with onset within hours after exposure to contaminated humidification systems (6,17,45,47)

 

Thermophilic actinomycetes; other bacteria, including species of Legionella and Pseudomonas; and protozoa have been associated with humidifier fever (17). Aerosolized endotoxin derived from Gram-negative bacteria has an important role in this condition.

 

Humidifier fever is thought to represent a nonspecific inflammatory response to exposure (17,47).

 

Etiologic exposures that cause ODTS are often a poorly defined mixture of substances, including fungi, bacteria, and microbial constituents such as endotoxin (67–69). ODTS is characterized by fever and influenza-like symptoms, including general weakness, headache, chills, body aches, and cough occurring 4–12 hours after heavy exposure to organic dust (67–69). Dyspnea also is sometimes present.

 

Results of chest auscultation and chest radiographs are usually normal (67,68). The peripheral white blood count is often elevated during attacks. Accurate patient history is critical for making a correct diagnosis. Although the symptoms resemble those of acute HP, they are not caused by response of the immune system to a specific antigen in the environment (67,68). ODTS poses a risk for workers performing renovation work on building materials and is a realistic concern for workers handling heavily contaminated materials in the aftermath of major hurricanes or floods. ODTS is best prevented by minimizing exposure through engineering controls, administrative controls, and respirators (69). For agricultural workers handling organic dusts, CDC recommends using the most practical respirator with the highest assigned protection factor.

 

 

Toxic Effects of Fungi

Certain common molds can produce metabolites with a wide range of toxic activities such as antibiotic (e.g., penicillium), immune-suppressive (e.g., cyclosporine), carcinogenic (e.g., aflatoxins), emetic, and hallucinogenic (e.g., ergot alkaloids) (6,11,17,59). Mycotoxins are fungal metabolites that poison humans and animals. Although ingestion is the most common route of exposure, inhalation and dermal contact also are exposures of concern (6,11,17,59). Mycotoxin production is dependent not only on species and strain of mold, but also on environmental conditions (e.g., temperature, water activity, light) and growth substrate (11,17).

 

Certain case studies of agricultural and remediation workers have described adverse health effects such as skin irritation, skin necrosis, cough, rhinitis, and bloody nasal exudate after inhaling or touching materials with heavy fungal contamination (73–76).

 

 

 

Because of the lack of information about noningestion mycotoxin exposure and adverse health effects in humans, precautions should be taken when handling heavily contaminated building materials.

 

A. elegans belongs to the Zygomycetes class of fungi. Infections are most commonly seen in immunocompromised and diabetic patients

 

Severely immunosuppressed persons, such as solid-organ or stem-cell transplant recipients or those receiving cancer chemotherapy agents, corticosteroids, or other agents inhibiting immune function, are at much higher risk for locally invasive infections of the lungs, sinuses, or skin and systemic infections (52,53). 

 

Aspergillus spp., zygomycetes, and Fusarium spp. are particularly important problems (52,53,56).

 

These serious infections are often fatal, even with aggressive antifungal therapy (52,53,56).

 

(Emphasis mine) we do not permit drunk driving not because it is CERTAIN some injury or fatally will result but because of the POTENTIAL of harm it can cause. You do not get off because you TRIED to rob the bank and failed. Or you ATTEMPTED to kill someone and it did not turn out for you.

 

So we can and do judge behavior here whether the consequences were what you wished them to be or they did not.

 

Obstructive pulmonary diseases such as asthma, cystic fibrosis, and COPD, might predispose persons to airway colonization with Aspergillus spp. (6,17,45,47–49).

 

(So you see you had no right to potentially predispose me to such exposures)

 

Inflammatory host responses to colonization can lead to ABPA (6,17,45,47–49,52). Aspergillus spp. also can cause invasive or semi-invasive infection in persons with COPD, especially in those being treated with corticosteroids. Chronic necrotizing pulmonary aspergillosis is an indolent condition observed in persons with underlying lung disease (53).

 

Colonization of lung cavities (e.g., tuberculosis cavities or emphysematous blebs) by Aspergillus spp. can cause pulmonary aspergillomas (fungus balls) (6,52), which are conglomerations of Aspergillus spp. hyphae matted together with fibrin, mucus, and cellular debris. These often do not cause symptoms, but they can be associated with hemoptysis (52,53).

 

“However, despite unknown benefit, persons with clinically significant obstructive pulmonary diseases (e.g., asthma, cystic fibrosis, COPD), and persons with cavitary lung disease from conditions such as tuberculosis should avoid airborne exposure to materials--“

 

(Even the CDS highly conservative point of view (which is why I chose them due to their conservative views, erring on the side of an abundance of caution point of view) Say such risk, as Wyvernwood, FPI Management and Thruman LLC took with me should be AVOIDED-- due to the POTENTIAL risks inherently accosted with mold. But no you insisted on playing Fungi Russian Roulette with my health and life)

 

(Also note that I have a letter to you Dated on or about Dec 9, 2012 referring to my already previous concerns about mold infestation in my apartment).

 

They even go on to state that “normal” people” are at risk: “Persons with normal host defenses also are subject to fungal infections (52,53) (Table 5), “

 

Adding the obvious that: ’--and persons with impaired host defenses can acquire any of these, often with greater severity.’

 

There are also many times we have had sewage water back up 1) from the toilet, 2 from the bathroom sink 3) from the kitchen sink, 4) from the bathtub (some of these flooding to 3/4 or so of my bedroom (that was NEVER cleaned or remedy by you- which made it much more dangerous from to navigate for years and did result in injury to me. Carpet buckled curled wrinkled etc)

 

The CDC report states: “For example, Scedosporium apiospermum (Pseudallescheria boydii) can be recovered from polluted water, sewage, swamps, and poultry or cattle manure (52,53,55,58).”

 

It took you many years to even consider replacing that filthy carpet.

 

”--this organism can cause a soft tissue infection called Madura foot, a mycetoma --“

 

‘This organism also can produce septic arthritis or osteomyelitis after penetrating trauma. Sporothrix schenckii is a dimorphic fungus that produces soft tissue infections after traumatic inoculation from a contaminated environmental source (52,53),’

 

Potentially making ones feet and legs weaker and more prone to losing ones balance and falling seems logical to conclude.

 

But again, if nothing else failing to meliorate or contain the risk and allowing me to assume 100% of the potential dangers and risk to myself and my health.

 

Even if none of this existed in the black disgusting looking smelling sewage water was present I guess you can argue that sewerage water, in certain circumstances can be good for you--?

 

And for years the exceptionally slow leak was permitted, negligently to remain by you which result in one of the worst falls I suffered here and perhaps ever to occur. I guess along with that you can argue that the damage from falls and other injuries are never accumulative? Maybe, I don’t know.

 

Besides I’ll remind you stress alone is destructive, stress alone damages ones health. Besides I doubt moldy carpeting meeting budding and safety codes, the Environmental health department nor other codes ordnances or laws or other similar things as applicable. .

 

 

 

“Many persons develop no symptoms when exposed to H. capsulatum in an endemic setting.”

 

‘Alveolar infiltrates, mass lesions that mimic bronchogenic carcinoma, and fibronodular interstitial infiltrates are the most common radiographic findings (52,53). Disseminated blastomycosis often appears as ulcerative skin lesions with multiple necrotic bone lesions in the vertebrae, skull, or long bones (52,53).’

 

I admit that the chances are LESS that I have contracted such a disease (but not proof that i did not) , I do not appreciate you subjecting me to the risk, no matter how small. Beside people that manage apartment complexes do not have the right to make their tenants live in the continuously, year after years exposures to sewage water breeding in their bedroom carpeting for years.

 

But feel free to argue that you had the right to punish me in this way. (because it was a punishment just the stink alone was suffering)

 

And in the end whether it is causational or not (all the BS that you have done) I would tell you that 1) you are responsible for mold abatement anyway due to its POTENTIAL to do harm and 2) You have stressed me out to no end having to worry about it for over a decade now; 3) we KNOW that STRESS is causational in causing more seizures, disrupting seizures patterns, increasing frequency, duration and intensity; and failing to abated it was negligent and retaliatory--

 

And that that leads to poorer balance, more falls and more serious injuries from such falls-- it is also very simple the less well you are the more you can protect yourself 1) from falling 2) mitigating the damage when you do fall.

 

This of course is discrimination and retaliation against the disabled (if not something even much worse), violation of the ADA, and other local state and federal laws statues and ordinances.

 

But yet you always claim you have no responsibility, none, zero, and always seek to get out any injury you know and understand that you have contributed to and or caused me. Yes yes you are all in on accepting personal responsibility EXCEPT when it comes to you, typical.

 

The height of hubris.

 

Assisting in creating and marinating a dangerous environment (and again not appropriately nor completely complying with the ADA and reasonable accommodations, ever, that ironically that where we started we remain) for me.

 

Let us fast forward: The “new” floors you installed are so weak (and dangerous) as they are unable to cope with the use of my wheelchair which I will inform you is a violation of the ADA and reasonable accommodations, nor can you move the refrigerator to clean behind it as it is so pathetically weak it rips and tears from even the most careful and cautions attempts to move it.

 

As such to be able to clean so poorly leaves it a breeding ground for bacteria and a breeding host for vermin. Both of which are terrible fro my health and specifically my breathing.

 

This weak flooring (carpeting and all) and already buckling carpeting (and did so immediately) present an injury and slip and fall threat which has already happened to me. But ha ha it is so hysterical that I have a terrible balance disability and tend to fall anyway.

 

I can barely consider what could possibly be more amusing then that.

 

Flat out all at once disturbing and hysterical. Was this deliberate on your part or just the absolute height of negligence and incompetence?

 

It is like throwing a punch at me and then blaming me for not being fast enough to duck. Which is what FPI Management Thruman Llc and Wyvernwood has always done to me.

 

The inferior and dangerous Carpeting has developed seriously ‘curling’ and ‘bumping’ which offers serious snagging ripe for continued tripping, falling, twisting pain causing environment that you have cremated, caused and maintained- -and your newly installed floors have similar issues, again it appears not to be a workmanship issue but a quality of products used issue-- installing products that are patently and clearly unsafe for any sustained use which is necessary to the very essence of apartment living.

 

That quality is in fact, so poor it can not handle the the easiest of uses nor normal wear and tare.

 

To repeat and hopefully clarify my quick example I can not even move my refrigerator (or have it moved) as the the newly floor immediately rips, tares and snags. So No I have NOT being able to even clean behind my refrigerator--

 

Poor flooring amps up the dangers for me doesn’t it?

 

The 3 leaning causes of accidental death are : (HEALTHLINE)

 

Number one is falling.

 

 

The CDC say that falling for people of a specific age category is the leading cause of injury related death:

 

The NHS also tell us the risk for falling are the following:

 

https://www.nhsinform.scot

What is a risk factor?

A risk factor is something that increases your chances of developing a problem, disease or injury. Risk factors relating to your health and wellbeing, activities and surroundings can contribute to a fall.

 

The more risk factors you have, the greater your risk of falling. Falls prevention is about recognizing, and where possible, taking action to reduce the risk.

 

If you experience any, or a combination, of the following you could be at an increased risk:

• weak muscles, especially in the legs
• poor balance, causing unsteadiness on your feet
• dizziness or lightheadedness
• black outs, fainting or loss of consciousness
• foot problems – including pain and deformities
• memory loss, confusion or difficulties with thinking or problem solving
• vision and hearing problems
• taking medication that makes you dizzy or drowsy
• drinking too much alcohol, especially with medication
• some bladder or bowel conditions
•  
• Oh crap, I have all of these. Of course you folks interpreted all of this to mean as giving you free reign to tossing volumes of banana peels in front of me creating floods in my unit, giving poor & dangerous flooring and creating not only obstacle course and medieval gauntlets, nice attitude. F ME!
•  
•  
• Further, now while I do not have typical muscle weakness I do have it areas that effect my ability to climb stairs and to navigate debris on the floor ground and common areas.
•  
• Give me a weight and I can likely throw it into space. Throw a few peas on the ground in front of me and I am likely to crack my skull open.
•  
• Lifting crap is hardly my problem; in other words in a weight lifting contest you want me on your team, (maybe even AS the entire team) doing America Ninja Wyvernwood, you want me on the bench permanently where you freely put any preschooler to perform a FAR superior job to me. To be clear lifting equals awesome (perhaps even phenomenal), balance, coordination standing, any significant walking =TERRIBLE, LOUSY, PISS POOR, even dangerous,
• 
  Which of course does lead to the reality that you and yours security harassed and discriminated me for years in using my wheelchair and ramp forcing me to be where I was absolutely the least qualified to perform, mainly being in an upright position. Of course this caused me to fall where I would not have (I would not have been standing to fall down from)
•  
• And caused me to injury my self from many causes including being forced to stand up, walk up right and move in a poor and damaging inferior bio mechanical format.

 

There is nothing here that you have “repaired” and or replaced that is immune from these rampant concerns. Accumulation of minor repetitive injuries unleashed their destructive forces’

 

Additionally I am not your employee and it is not my job to monitor parking (even my own spot for violations) if you wish to pay me to perform such services you can as I charge 35 an hours plus full medial benefits with a minimum payment of a 40 hour work week.

 

if this not acceptable do your job or hire someone who can.

 

The common areas are still unsafe with too much debris junk trash and things that can easily waylay me--I have been overwhelming on a form of lock down and curfew since my first days living at Wyvernwood--

 

Wyvernwood has been my own personal Covid-10 (2010), since I have moved here.

 

And now with our neighbors fence have planted prickly thorn laden laden cactus along the perimeter of their fence offers a clear and present danger to my safety--Why Cactus were allowed to be installed and planted OUTSIDE the perimeter of the yard with so many children and people like myself is only begging for problems to arise--

 

(If you do not know what I am referring to, inspect your premises to ensure that you are well aware of what is happening on your own property.)

 

 I do not understand if you commissioned the installment of these dangerous plants or they did so unilaterally, I am still disturbed that you have failed to recognized the danger to me as well other old and disabled people as well as to children that can easily fall and seriously injury themselves--

 

I also continue to request a disabled street level parking space as I did not and do not seek to only benefit myself-it is simply, you know how many disabled person reside here, creating the spaces to match that number accordingly.

 

Curb cuts are also required through major and minor cross walks and cross ways as all of the above discourages me from going out said and/or utilizing my wheelchair due to the extreme dangers that it poses--I am not here to compete with on coming traffic and delivery trucks my wheelchair is not a car it is not designed for surface streets nor highway traffic.

 

Every time I use it you are taking my life into your hands.

 

You are your representative have gone out of your way to slander and defame me and mock me because since a very young age I have had severe vertigo and balance issues, which is exacerbated by my sometimes extremely low blood oxygen level, you have exploited and take advantage of my long standing medical condition to pursue your advantage all to my extreme determent--

 

Now it is not your fault that I have this propensity to fall but it is your fault if you insist on keep placing figurative banana peels in front of me.

 

As I have also been diagnosed with end stage neuorpathy-- (this is also why, it is highly likely, that i needed the carpeting as it hurts my feet to walk on hard surfaces,. Yes, I told Marcelo & Mario where they gave me nasty looks over)

https://www.mayoclinic.org/diseases-conditions/peripheral-neuropathy/symptoms-causes/syc-20352061

 

  “Overview

Peripheral neuropathy, a result of damage to the nerves outside of the brain and spinal cord (peripheral nerves), often causes weakness, numbness and pain, usually in your hands and feet. It can also affect other areas of your body.”

 

 

I experience all of these symptoms but will highlight the ones you should pay most attention to:

 

‘Symptoms

Every nerve in your peripheral system has a specific function, so symptoms depend on the type of nerves affected. Nerves are classified into:

 

• Sensory nerves that receive sensation, such as temperature, pain, vibration or touch, from the skin
•  
• Motor nerves that control muscle movement
•  
• Autonomic nerves that control functions such as blood pressure, heart rate, digestion and bladder
•  

Signs and symptoms of peripheral neuropathy might include:

• Gradual onset of numbness, prickling or tingling in your feet or hands, which can spread upward into your legs and arms
•  
• Sharp, jabbing, throbbing or burning pain
• Extreme sensitivity to touch
• Pain during activities that shouldn't cause pain, such as pain in your feet when putting weight on them or when they're under a blanket
•  
• Lack of coordination and falling
•  
• Muscle weakness
• Feeling as if you're wearing gloves or socks when you're not
• Paralysis if motor nerves are affected
•  

If autonomic nerves are affected, signs and symptoms might include:

• Heat intolerance
• Excessive sweating or not being able to sweat
• Bowel, bladder or digestive problems
•  
• Changes in blood pressure, causing dizziness or lightheadedness
•  

Peripheral neuropathy can affect one nerve (mononeuropathy), two or more nerves in different areas (multiple mononeuropathy) or many nerves (polyneuropathy). Carpal tunnel syndrome is an example of mononeuropathy. Most people with peripheral neuropathy have polyneuropathy’.

 

‘Causes

• Trauma or pressure on the nerve. Traumas, such as from motor vehicle accidents, falls or sports injuries, can sever or damage peripheral nerves’. (Also both of my grand parents and some uncles and aunts also had it.}
•  
• And Again refusal to submit to ADA compliance by you, unbelievable.

 

• ‘Complications

Complications of peripheral neuropathy can include:

• Burns and skin trauma. You might not feel temperature changes or pain on parts of your body that are numb.
• (Have experienced severe burns)
•  
• Infection. Your feet and other areas lacking sensation can become injured without your knowing. Check these areas regularly and treat minor injuries before they become infected, especially if you have diabetes.’
•  
• AND THE BIG ONE?
•  
• ‘Falls. Weakness and loss of sensation may be associated with lack of balance and falling.’
•  
• But who cares about the King, Mr. Sucks and his portable throne, and his what did he say? Palace?

 

The level of trash and debris and lighting have only escalated I.e the parking lot in my area is gross disgusting and dangerous on a habitually basis I can safely say I have never seen common areas so poorly managed and kept it is over run with beer bottle beer can and cigarettes-

 

I also have report the excess and inappropriately delayed of repairing the kitchen sink considering the greatly heighten importance of having running water the delay was excessive abusive and inappropriate-

 

I am also still waiting for an adjustment to my back rent to be made from being denied heating, stove and cooking facilities due to your negligence incompetence and insisting on endangering me and many others--

 

I believe the multitude of issues and concerns I have cover as I have seemed to experience the vast majority of them, if not in fact all of them:

 

Landlords are not automatically liable for all injuries tenants suffer at their rentals. In general, landlords are responsible for tenants’ injuries only when the landlord’s action (or inaction) was careless and caused or contributed to the injury. (Sometimes landlords are also liable for injuries to guests or other people visiting the rental.)

When a Landlord is Negligent

Under the legal concept of negligence, when a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable to the tenant—even if the landlord didn’t intend any harm. An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question.

 

negligence, proximate cause of In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable.

 

 

Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug.

 

 

Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries.

 

Likelihood of serious injury (with the broken walk ways as an example:) Failure to take reasonable steps to prevent accident.

 

reasonable care, likely hood of serious injury negligence per se violating codes, ordiances, state habitability laws vary, landlords who fail to follow their state’s bare minimum health and safety standards are likely responsible for injuries their tenants suffer as a result. Injured tenants seeking to hold their landlord liable would have to demonstrate that their landlord violated the implied warranty of habitability—perhaps by showing that the city had cited the landlord for code violations or other tenants had complained to a local health and safety board—and that the inferior living conditions caused their injuries

 

However, when a landlord has notice of criminal activity and doesn’t take reasonable measures to prevent harm to tenants, a court might find the landlord liable when a tenant is injured. As described by your contractors (IF that’s what they are/are) certainly not your employees) as you also did nothing to end their discrimination against me. Renters, in general, are not on the hook for issues that arise with plumbing, electricity, roof leaks and heating and cooling. (where my falls resulted from.)

Duty

Landlords and property managers have a duty to keep a residence habitable and livable for renters.

Breach of duty

Tenants who file a lawsuit against a landlord have to prove that the landlord somehow breached their duty. This is typically done by a contract or rent violation. For example, if a tenant complains about a leaky roof, then the landlord has a duty to fix any and all leaks. If the landlord fails to do this, it is a breach of duty on the part of the landlord or property manager.

Causation

Causation, in the case of landlords and property owners, is a failure to act on a problem that makes the property unlivable. When this lack of action. There are several situations that can ignite an apartment fire. Apartment managers and landlords are responsible for installing adequate fire safety systems. When this duty is not met, the landlord may be held liable for any resulting injuries or death.

 

Common reasons landlord negligence leads to apartment fires include:

• Faulty wiring
• Overcrowding
• Building code violations
• Lack of smoke detectors
• No fire extinguishers
• Heating equipment
• Smoking
• Defective smoke alarms
• Blocked fire exits
• Pest infestations
• Lack of fire alarms
• How Does Faulty Wiring Lead to Fires?

Faulty wiring and other electrical problems account for 6.3 percent of all residential fires and 11 percent of residential fire fatalities. The U.S. Fire Administration reports that Americans experience 25,900 electrical fires every year. In addition, electrical fires are responsible for the deaths of up 1,300 people each year. Electrical wires are some of the most preventable.

What causes faulty wiring?

The U.S. Fire Administration also reports that faulty wiring is the number one cause of electrical fires. Faulty wiring occurs for a number of reasons, including:

 

• Age. Buildings older than twenty years are at a higher risk of having faulty wiring.
• Rodents. Critters such as mice, rats, and squirrels find their way into homes and chew on cords.
•  
• Roaches. A less common occurrence, however, roaches are attracted to insulation when they are on the hunt for food. Roaches also may be attracted to outlets, lighting fixtures, appliances and circuit breakers. When they dine on wiring insulation, your home can experience faulty wiring.
•  
• Shoddy installation. Cutting corners to save time or money is common among home builders, including electricians.
•  
• Overloading the electrical system. Older homes, with older electrical systems, may have a difficult time handling modern-day electrical demands. This can lead to damage in appliances, wiring and the breaker box.
•  
• In each of these situations, landlords or property owners are responsible for updating electrical wiring or maintaining it.
•  
• age is a huge indicator of wiring safety hazards. That is not to say that all older electrical systems are dangerous, however, there are commonalities in outdated wiring that may lead to fires.
•  
• (Though I had very serious issues here with power outages- and continue to do so, and fuses going out, lights going out, my hallway light is gone again, you failed to respace all of the issues I was and am seriously concerned about)
• When is Outdated Building Wiring Dangerous?

As mentioned above, age is a huge indicator of wiring safety hazards. That is not to say that all older electrical systems are dangerous, however, there are commonalities in outdated wiring that may lead to fires.

 

Ungrounded wiring

It wasn’t until the 1960s that the electrical code began to require a ground rod and third circuit wire. Up until that point, the lack of this system was a nuisance and led to shocks, electrocutions and electrical fires. Grounding protects sensitive equipment from power surges. Renters in older homes with an ungrounded electrical system may experience the following:

• Flickering lights
• Shocks when touching a wall or lamp switch
• Frequent blow fuses (houses with ungrounded wiring usually have fuseboxes, not breaker panels)
• Overheated outlets
• Switches that can melt or ignite
• Power surges

Aluminum wiring

Electrical systems installed in the 1950s through the early 1970s may include aluminum wiring, a known hazard. These hazards can lead to overheating and a real possibility of one of them melting or bursting into flames.

Worn outlets

Sockets that can’t hold a plug are particularly dangerous for children and pets who might make contact with the exposed prongs. Not only that, but anything touching a prong, such as a curtain can ignite. The current code requires GFCI outlets in kitchens bathrooms, laundry rooms, and outside.

Exposed wires

Wires sticking out from walls or an unused electrical box are obviously dangerous. However, sometimes tenants may be unable to see them. These wires may protrude from an unfinished ceiling in the basement or the garage. In some cases, these wires are partially hidden by a wall—making them even more dangerous.

 

Any of these situations can lead to an apartment fire. Property managers and landlords have a duty to ensure that the homes they are renting to tenants are safe.

Knowing the signs of faulty wiring

Because faulty wiring is one of the five most common causes of electrical fires, tenants should be aware of what signs to look out for. There are several warning signs that can indicate a faulty wiring problem. Tenants and landlords should keep an eye out for the following:

• Dimming or flickering lights
• Frequently blown breakers or fuses
• Charred or darkened outlets and switches
• Hot ceiling fixtures or light switches
• Outlets that emit shocks
• Burning smells
• Electrical wiring is a skill that requires knowledge and expertise. In an effort to cut costs, negligent landlords and property managers may attempt to address faulty wiring themselves. However, unless they have the proper electrical experience, they should hire qualified electricians to repair faulty wiring. In addition, landlords and property owners should do their part to inspect the quality and condition of the wires in their properties.
•  

Overcrowding poses a significant problem for several reasons:

1. Increases the amount of combustible fuel for a fire. This has the potential to change the behavior of fire and lead to a more intense and more aggressive fire.

 

1. Increases the risk of ignition because of a greater number of electrical appliances and excessive use of appliances like washing machines and dryers. In addition, the use of multiple power boards to power this increase in appliance use and lack of space for heat dissipation can lead to fires.
2. Obstructs the safe evacuation of occupants.

Limits of access for firefighters can exacerbate the number of deaths and injuries.

1. Compromises the fire protection systems, particularly smoke alarms.

The reason the amount of families or people who can live in a certain sized apartment or dorm is limited is that overcrowding can be a very dangerous fire hazard.

 

I.e. Your contractors and employees in appropriately parking blocking and restricting access. In violation of laws codes ordnances and common sense.

 

Landlord negligence: What is the Duty to Tenants?

In general, a landlord is required to keep their property habitable and safe. Landlords can be held responsible if:

 

• They could have prevented the fire; or
• There is evidence that the landlord knew there was a chance a fire could occur.

They owe this duty to not only tenants but also guests and potentially even the public—if common areas are accessible to guests and the public. However, in order to be held liable, a landlord must notice poor conditions or the conditions must’ve existed long enough that a reasonable landlord should have or would have noticed and corrected the condition.

 

There are typically three major reasons why a landlord can be held responsible in an apartment fire:

 

First, landlords have a responsibility to ensure that the apartment building is up to code. The chances of fire increase when a building is not up to code.

 

Second, sometimes landlords fail to install working smoke detectors. There were time I had to by both smoke and Co2 detectors on my own due to Wyvernwood refuse to install working ones) Federal, state and local levels of government have adopted the National Fire Protection Association (NFPA) 72 in the United States. The NFPA 72 specifies “the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, fire warning equipment, and emergency warning equipment and their components.” Cities often adopt revisions of the code and make local fire codes specific to their governing authorities.

 

And, lastly, another form of landlord negligence is when landlords attempt to control the temperature of units. This may leave tenants no choice but to resort to other methods of heating. (and I would suggest cooling as I have serious health issues with over heating)

 

I also believe, at least on some levels you have created and or allowed a form of Urban blight.

 

The environment here is both dangerous and welcoming and not conducive to have peace of mind or conforming to any standards that meet even the lowest standards of the implied warrant of habitability;

 

I will quickly mention there are no curb cuts here, anywhere in the apartment complex, which has definitely caused me injury and presents a clear present and obvious danger as I am forced to ride my wheelchair in traffic competing with FED EX and other delivery trucks and, as we know, not even your own employees nor consorters abided by traffic laws let alone common courtesy, when I go into the street I literally am taking my life in my own hands.

 

This is clearly a foreseeable and highly avoidable danger. There is so much more to say on these issue but I will move on to other things that make it dangerous for me to exist here at Wyvernwood, Thruman LLC, & this FPI Management Property:

 

The dogs here are allowed to be unleashed and roam freely to constantly create a consistent disturbance along with the incessant fireworks and uncontrolled dog barking interferes with my quiet enjoyment as well as my warranty of habitability-- despite, the undue duress I was under when this lease was provided to me no such condition existed. As a matter of fact dogs were excluded from the premises--

 

Now that you are the benefactor of this change it falls to you to enforce the rules and to provide me with relief-- we also know this was to attempt to perform a level of immunization from your obstructing me and violating my rights under the ADA and reasonable accommodation by preventing me from having a seizure comfort dog .

 

Again, displaying how I am singled out treated differently and in reality discriminated against as a disabled person.

 

As a quick review of just a few issues of serious concern and threat: I should certainly be, at a minimum, be provided with a, prorated refunded for many years of denied heating and stove cooking services- one should not have to chose between risking their health safety and their life just to have a stove or heat-- -

 

This is also certainly linked to your discrimination of me and your retaliation for speaking up to defend my rights as well as retaliation for me filing so many legal complaints against you-- (as Per Mario and Mareclo’s request (Their mocking bluff) . They erroneously believed, that like so many residents here, that I would not do it.

 

 

Further, the bait and switch and reduction in services and false adverting, misleading and fraud, came in the additional form of poorly maintaining and neglecting your advertised & promoted Business center.

 

Which, in effect, was not available and or safe and or usable as intended. In fact, many times I sought to utilize its services and the doors were locked in defiance of the disclosed hours and days of operations.

 

Just another example of luring me to sign my lease with you as you laid in wait planning and intending to bait and switch amenities, like your incredibly poorly maintained laundry facility (every time I went there it was dirty filthy unsafe and in disrepair) are also maintained poorly-- both of which (Business center laundry facilities) are amenities included in the payment of our rent which leads me to the water here.

 

as is the water The shower pressure on the cold water is so low you are forced to excessively use the hot water which only elevates our rental costs, I wonder of this was done deliberately as some form of kick back to the power company or is just another example of terrible maintenance at this complex--

 

Further, you have fiduciary responsibility to me and your other tannest to provide us with clean and safe water most of the time the water literal smells like feces-- it is your responsibility to keep your tenants safe YOU are the direct consumer of the water which is also part of our rental cost. Is been months since I have smelled any chlorine in the water which to me is a danger signal especially in this time of great serious and deadly disease--

 

Also long ago you removed the garbage disposal which was another incentive on me accepting this as my second choice of a unit in this complex, due to your bait and switch and attempt to cheat me out of my despot, another deceptive sales practices and failure to perform as per the lease your advertisement, your inducement, etc to me.

 

Not to mention a denial of services with having to live with two broken windows the bathroom and kitchen for nearly a years while concurrently having to contend with a non working kitchen sink--

 

As I currently present symptomatic to my great disappointment no repairs can proceed safely.

 

To many people that I have consulted it was shocking to the conscience that I was prevented from fair use of my ramp nor FPI Management insisting that I not be allowed to use my temporary, non permanent, removable, portable, wheelchair ramp.

 

 

It is clear that after 10 years of emotional psychological damage, what has happened to me cant not be repaired nor reverse, nor this bell ‘unrung,’ but it is possible, with due dalliance on your part to at least mitigate, and highly likely to prevent any further injury from occurring to me;

 

From day one deliberate bait and switch, the instantaneous denial of my reasonable accommodations As Once your management team decided to go down the wrong road it set our relationship in stone, The path perhaps inextricable considering your commitment to what you perceive and defined as ‘winning.’

 

As no management staff can continue in such outrageous behavior without at least the tacit look the other way approval of the collective upper management as well as owners-

 

As it is impossible to believe that they collective read none of the in house records nor on line reviews or could not comprehend what the tents rights association was telling them,

 

Even as a primitive sedimentary example consider; what steps have you taken to ensure my safety or in fact the land mines, the cornucopia of trash & pitfalls all over your property?

 

It is the most poorly kept disputing property I have ever lived on or known about.

 

You, your cronies are my if but for, while it is true as an example I have fallen 100 times in my life ( It is much more) I believe, as an estimate that 6 of those falls were fully the responsibility of someone else-- (not considering any of my falls or injuries here)

 

I do not understand that you have zero right to elevate that rate to 20 or 30 or more % points., nor do you have ANY right to hold me responsible for ANY of my disabilities.

 

That, in it of itself, is discrimination against my protected status as a disabled person. It is zero percent my responsibility that I have ever fallen, zero.

 

Further 6% is a very low percentage and hardly outrageous (if even that high this is an example) . I will further add that, while on these premises (inside of the unit) I have ended up on the ground about 26 times or more, while at least 3 of those are very clearly 100% your fault.

 

And to be accurate there are quite a few times when my falls and injury were someone else’s fault but I still declined to make a claim.

 

This has been an exhausting difficult and painful process for me, creating this formal notice to you and it is an absolute tragedy, and presents tremendous an undue burden (especially considering my wide ranging disabilities, that in this day and age such a notice is even required, however I repeat each and every allegation presented in this notice to you, and is true to the best of my knowledge I will briefly summarize the main body of the violation that you must correct, as, for a decade they have either continued perpetual or fall into a state of perpetual redundancy.

 

This list is not meant to be all exclusive nor exhaustive; Brief and incomplete examples can be found throughout the lower portions; Again they are meant only as example and are not designed or intended to be complete nor exhaustive.

 

1. [3:12] Residential Facilities Covered by Warranty: Within residential premises, the warranty of habitability is wide-reaching. It covers each tenant's own dwelling unit, and also all common areas—including hallways, stairways and the common grounds (cf. CC § 1941.1, discussed below). Thus, failure to remedy a prohibited condition on any part of the premises may amount to a breach.

 

All of these remain in a constant state of danger in particular to me and my disabilities but also for a typical resident as well. Including but not limited to the parking lot. This resulted in injuries ranging from a twisted ankle to actually falling down the stairs.

 

2. Conditions Covered by Warranty

a. [3:13] Civil Code § 1941.1 “untenantable” dwellings: A dwelling unit “shall be deemed” to be “untenantable” (meaning “uninhabitable”) if it (1) “substantially lacks” any of the “affirmative standard characteristics” prescribed by CC § 1941.1, or (2) is a “substandard unit” as described in Health & Saf.C. § 17920.3, or (3) contains “lead hazards” as described in Health & Saf.C. § 17920.10. [CC § 1941.1; see Hyatt v. Tedesco (2002) 96 CA4th Supp. 62, 67–68, 117 CR2d 921, 925]

 

An untenantable dwelling pursuant to CC § 1941.1 violates the landlord's duty to render and maintain a residential building “fit” for residential occupation (CC § 1941).

 

(1) [3:13.1] Affirmative standard “tenantability” characteristics: The specific affirmative standard “tenant-ability” characteristics are:

 

(a) [3:14] Weather protection: Effective waterproofing and weather protection of the roof, exterior walls, windows and doors. [CC § 1941.1(a)]

 

This was violated multiple times including when both the kitchen and the bathroom window were refused repair by you, your maintenance department as well as your security personnel. Both windows remained SMASHED for a period of approximately 8 months.

 

 

To add insult to injury tactics of fear threat and intimidation were apply to deny me repair and in the commissions a hate crime as well as criminal threats. This was also used putative as retaliation for me filing previous discrimination complaints against you.

 

I believe in multiple instances the elements have been met:

 

California Penal Code Section 422 PC: Criminal Threats

1. Definition and Elements of the Crime

While people are afforded broad freedom of speech rights under the First Amendment to the U.S. Constitution, this right does not include the right to threaten other people with violence and put them in fear for their safety. Under California Penal Code Section 422 PC, it is illegal to make criminal threats. This offense was previously called “terrorist threats,” however it can involve any threats of violence or harm.

 

To prove that someone is guilty of making criminal threats, a prosecutor must be able to establish the following elements:

 

1. The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to another person
2. The defendant made the threat orally, in writing or via electronic communication
3. The defendant intended that his or her statement be understood as a threat

 

1. The threat was so clear, immediate, unconditional, and specific that it communicated to the other person a
2. serious intention and the immediate prospect that the threat would be carried out
3. The threat actually caused the other person to be in sustained fear for his or her own safety or for the safety of his or her immediate family
4. AND the other person’s fear was reasonable under the circumstances.

Someone who intends that a statement be understood as a threat does not have to actually intend to carry out the threatened act, or intend to have someone else do it. An immediate ability to carry out the threat is not required.

 

1. Brandishing a Weapon or Firearm - California Penal Code Section 417 PC
2. (i.e. hammers, wenches other tools and instruments including but not limited to fire arms)

 

1. Domestic Violence – California Penal Code Section 243(e)(1) PC

 

5. Penalties

Making Criminal threats is a “wobbler” offense that can be charged as either a felony or a misdemeanor, depending on the defendant’s criminal history and the factual circumstances surrounding the offense. A conviction for felony criminal threats can be punished by up to three years in prison with an additional year added if the defendant used a deadly or dangerous weapon in making the threat.

 

 

 

This offense is a “strike” under California’s Three Strikes Law that can be used to enhance the penalties on future convictions.

 

 

(b) [3:15] Plumbing and gas: Plumbing and gas facilities that conform to state and local law at the time of installation, maintained in good working order. [CC § 1941.1(b)]

 

As only One example the kitchen sink was not repaired for apx 8 months. To add insult to injury tactics of fear threat and intimidation were apply to deny me repair and in the commissions a hate crime as well as criminal threats. This was also used putative as retaliation for me filing previous discrimination complaints against you.

 

 

Five elements need to be present in any threat of violence you make against another person to be charged with a crime:

1. You willfully threatened another person with the intent of seriously injuring or killing that person
2. The threat was made verbally, in writing or through electronic communication
3. You meant for your statement to be understood as a threat, regardless of if you were able to or intended to carry the threat out
4. You had the present ability to carry out the threat
5. A reasonable person would have feared for his or her own safety or the safety of his or her immediate family if you made the threat to him or her

 

 

I believe more then once these elements were met; and I do not mean some or most--

 

Where the weapons ranged from a gun to a golf cart and at times hand held tools.

 

(c) [3:16] Water: A water supply that produces hot and cold running water and which is approved under applicable law. [CC § 1941.1(c)]

 

The cold water, particularly in the shower has always run SUPER weakly, causing me to rely on the hot water excessively.

 

EVEN in the summer time.

 

(d) [3:17] Heating: Heat that conforms with applicable law at the time of installation, maintained in good working order. [CC § 1941.1(d)]

 

(e) [3:18] Electricity: An electrical system, including lighting, wiring and equipment, that conforms with applicable law at the time of installation, maintained in good working order. [CC § 1941.1(e)]

 

 

(f) [3:19] Clean and sanitary premises: Building, grounds and appurtenances that, at the inception of and during the rental period, are clean, sanitary and free from all accumulations of debris, filth, garbage, rodents and vermin. [CC § 1941.1(f)]

 

(g) [3:20] Trash facilities: An adequate number of appropriate garbage and rubbish receptacles, kept clean and in good repair at all times, beginning with inception of the rental period. [CC § 1941.1(g)]

 

(h) [3:21] Floors, stairways and railings maintained in good repair. [CC § 1941.1(h); see also Knight v. Hallsthammer (1981) 29 C3d 46, 58, 171 CR 707, 715, holding that it is proper for the court to give CC § 1941.1 as a jury instruction]

 

(i) [3:21a] Locking mail receptacles; a locking mail receptacle for each residential unit. [CC § 1941.1(i)]

 

(2) [3:21.1] “Substandard” dwelling (Health & Saf.C. § 17920.3): Any building or portion of a building, including any dwelling unit, guestroom or suite of rooms, is deemed substandard under the State Housing Law (and “untenantable” under CC § 1941.1) whenever a proscribed condition (below) exists to the extent that it “endangers the life, limb, health, property, safety, or welfare of the public or the occupants.” [Health & Saf.C. § 17920.3 (emphasis added)]

 

The conditions proscribed by § 17920.3 are exhaustive. By way of example, they include (but are not limited to) inadequate sanitation, structural hazards, any nuisance, wiring defects, plumbing or mechanical equipment not in compliance with applicable law at the time of installation, and faulty weather protection. [See Health & Saf.C. § 17920.3(a)-(o)]

 

(3) [3:21.2] “Lead hazards”: Any building or portion of a building, including any dwelling unit, guestroom or suite of rooms, that contains “lead hazards” is also deemed to be in violation of the State Housing Law (and “untenantable” under CC § 1941.1). [Health & Saf.C. § 17920.10]

For this purpose, “lead hazards” means “deteriorated lead-based paint, lead-contaminated dust, lead-contaminated soil, or disturbing lead-based paint without containment,” if one or more of these hazards are present in one or more locations in amounts equal to or exceeding established regulatory limits (see 17 Cal.C.Regs. § 35001 et seq.) and “are likely to endanger the health of the public or the occupants thereof as a result of their proximity to the public or occupants thereof.” [Health & Saf.C. § 17920.10(a)]

 

b. Additional Civil Code standards relating to “tenantability”

(1) [3:21.5] Security devices: The Civil Code also requires landlords (or their agents) of “buildings intended for human habitation” to install prescribed door and window locks or security devices, as follows (CC § 1941.3):

 

• specified industry standard dead bolt locks on each “main swinging entry door of a dwelling unit” (CC § 1941.3(a)(1));

 

 

 “operable window security or locking devices” for windows designed to be opened (CC § 1941.3(a) (2));

 

• locking mechanisms meeting fire and safety code standards on exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily developments (CC § 1941.3(a) (3)).

 

(a) [3:21.6] Breach of warranty of habitability remedies: Section 1941.3 does not expressly state the prescribed locking devices affect the “tenantability” or “habitability” of a dwelling unit. But that conclusion is implicit in the statute's remedies, which parallel those available when a rental unit lacks any of the CC § 1941.1 “affirmative standard characteristics” (¶ 3:80 ff.)—including an aggrieved tenant's right to raise the violation as an affirmative defense in a nonpayment of rent unlawful detainer and to keep possession conditioned on paying the adjusted “rental value” rent (CCP § 1174.2, ¶ 3:82 ff.). [See CC § 1941.3(c)]

 

(b) [3:21.7] Landlord's duty of care unaffected: A violation of CC § 1941.3 does not “broaden, limit, or otherwise affect” the landlord's duty of care—including the duty to maintain the premises in a safe condition. [CC § 1941.3(d)] Consequently, tort remedies may exist where a tenant's injury is causally linked to inadequate security on the premises quite apart from any rights and remedies under the warranty of habitability (see Ch. 6).

[3:21.8–21.9] Reserved.

 

(2) [3:21.10] Compare—telephone jacks and wiring: Another section of the Civil Code regulating rental housing makes landlords responsible for the installation of at least “one usable telephone jack” and the placement, maintenance and repair of inside telephone wiring “in good working order” (in compliance with National Electrical Code standards). [CC § 1941.4; see also Pub.Util.C. § 788(b)(1)—telephone corporation that is provider of local exchange service has duty to notify tenant subscribers of responsibilities of subscriber and corporation, including landlord and tenant obligations]

 

Section 1941.4 was enacted to clarify the responsibility (as between landlord and tenant) for inside phone wiring installation and maintenance in the aftermath of the Federal Communication Commission's deregulation order. Stats. 1991, Ch. 1001, § 1—statement of legislative findings and declarations the subject matter does not appear in CC § 1941.1 (standard “tenantability” characteristics, above), it is unclear whether a landlord's violation of § 1941.4 might be implicated in the warranty of habitability (see ¶ 3:39 ff. re establishing breach).

 

c. [3:22] Other Code standards: State and local housing, building, and health and safety codes establish further standards implicit in the warranty of habitability. For example:

(1) [3:23] State Housing Law—in general: The State Housing Law regulates and sets standards of habitability for all apartment houses and dwellings in California. The list of prohibited conditions is exhaustive (see Health & Saf.C. § 17910 et seq.).

 

(a) [3:24] Prohibited “substandard” and “lead hazard” conditions as breach of warranty: See discussion at ¶ 3:21.1–21.2.

 

(b) [3:25] Enforcement: The State Housing Law is enforced initially at the local level through designated agencies (health department, building and safety department, etc.). Among its powers, the enforcement agency may (i) order the landlord to make necessary repairs or “retrofits” to bring the unit or structure up to local building standards, (ii) obtain appointment of a receiver to remedy the substandard conditions, and/or (iii) having found the substandard conditions to constitute a nuisance, abate the nuisance on its own by “repairing, razing or removing” the dwelling. [Health & Saf.C. §§ 17980.6–17980.11 (substandard conditions generally), 17980.1–17980.5 (seismic safety hazards)]

 

The agency's decisions are enforceable by court order which, among other things, must require the landlord to provide relocation benefits (including relocation compensation and moving and storage costs) to all tenants displaced by the substandard conditions. [Health & Saf.C. § 17980.7; see also Health & Saf.C. § 17980.3(b)—receiver appointed to remedy seismic safety hazards must arrange for temporary housing of tenants required to relocate and pay them specified relocation costs]

 

Cross-refer: The State Housing Law remedies are discussed in detail at ¶ 3:66 ff.

 

(c) [3:26] Implementing regulations: The Department of Housing and Community Development has enacted extensive regulations and standards to implement the State Housing Law (see 25 Cal.C.Regs. § 1 et seq.). These regulations are required by law to impose substantially the same requirements that are embodied in several industry codes (below). [Health & Saf.C. § 17922]

 

1) [3:27] Resident caretaker: One of the most important “implementing regulations” requires every apartment building with 16 or more units to have a resident manager, janitor, housekeeper or other responsible person. [25 Cal.C.Regs. § 42]

[3:27.1–27.4] Reserved.

 

(2) [3:27.5] Carbon monoxide detection devices: Under a separate provision of the State Housing Law (not tied to the statutory list of “substandard” conditions), landlords (or their agents) are required to maintain state-approved carbon monoxide detection devices in residential rental units as prescribed by Health & Saf.C. § 17926. The device must be operable at the time the tenant takes possession of the unit; but the tenant is responsible for notifying the landlord if the tenant becomes aware that the device is defective or not operational. [See Health & Saf.C. §§ 17926 (1/1/13 compliance deadline for multi-unit residential structures) & 17926.1]

 

 

 

It is unclear whether this requirement is meant to affect the “habitability” of a residential rental unit and to be embraced within the warranty of habitability. Section 17926 contains its own enforcement remedies (criminal infraction fine, statutory damages) but also states it is “not intended to affect any duties, rights, or remedies otherwise available at law.” [Health & Saf.C. § 17926(d)]

 

(3) [3:28] Industry Codes: Various industry codes also set “habitability” standards. These are found in the Uniform Housing Code, Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the National Electrical Code.

 

The Uniform Housing Code requirements are particularly detailed in scope—for example: adequate room size, lighting and ventilation; proper bathroom fixtures; specific standards for electrical outlets, light fixtures and wiring; and use of fire resistant materials.

 

=> [3:29] PRACTICE POINTER: Landlord and tenant counsel need to be familiar with all of the industry code regulations—and especially those in the Uniform Housing Code. Copies should be made a part of your reference library; or, at a minimum, they should be within easy reach.

[3:29.1–29.4] Reserved.

 

(4) [3:29.5] Employee Housing Act: The Employee Housing Act (EHA, Health & Saf.C. § 17000 et seq.) prescribes health and safety standards for employee housing. Every person (or his or her agent or officer) who constructs, operates or maintains employee housing (as defined in Health & Saf.C. § 17008) must comply with the EHA requirements and with building standards published in the State Building Standards Code relating to employee housing. [See Health & Saf.C. § 17037; Reyes v. Kosha (1998) 65 CA4th 451, 464, 76 CR2d 457, 464—EHA applicable to farmworkers' makeshift encampment]

 

(5) [3:30] Unspecified conditions—maintenance of appliances: Neither the state codes nor court decisions specifically address maintenance of cooking, refrigeration, laundry and other major appliances that are furnished with the unit. Sometimes, however, defects in these facilities are implicitly covered—e.g., if the claimed defect is in wiring or plumbing installed by the landlord, there is a code violation.

[3:30.1–30.4] Reserved.

 

d. [3:30.5] Section 8 government-subsidized housing standards: Federal regulations establish detailed housing quality standards for rental units participating in the Section 8 government-subsidized tenant-based assistance program (see 24 CFR § 982.401; and ¶ 12:153 ff.). The public housing authority is required to “inspect the unit ... at least annually during assisted occupancy, and at other times as needed,” to determine compliance. [24 CFR § 982.405(a)]

 

 

 

 

Failure to maintain the units as prescribed may result in recovery of overpayments, abatement or other reduction of housing assistance payments, termination of housing assistance payments and termination of the landlord's Section 8 contract. [24 CFR § 982.453(a)(1),(b)]

 

Cross-refer: The Section 8 housing program is discussed in detail in Ch. 12.

 

e. [3:31] Security against crime: Other than statutory requirements for locks and security devices (see ¶ 3:21.5), a tenant's right to security against crime is not dealt with in the codes as an incident of the warranty of habitability.

 

Some older cases handled landlord-tenant security against crime issues under the warranty of habitability umbrella—either as an affirmative damages claim or a defense to an unlawful detainer (below). But that approach has waned in favor of an apparent uniform treatment of the subject under tort law (¶ 3:38).

 

(1) Warranty of habitability claims

• [3:32] The implied warranty defense to an unlawful detainer was recognized where Tenant alleged that, despite written promises, Landlord did not provide full-time security guards. “A landlord's duty to provide security measures to protect tenants against crime ... can be a part of the implied warranty of habitability.” [Secretary of Housing & Urban Develop. v. Layfield (1978) 88 CA3d Supp. 28, 30, 152 CR 342, 343]

 

• [3:33] The warranty of habitability was also held to protect a tenant who was raped and robbed in a dimly-lit apartment building lobby. The incident occurred after other tenants had complained to Landlord about a defective doorlock following a recent attack on another tenant. The court held that landlords have a duty to protect tenants from foreseeable criminal acts of third parties because of the “special relationship” between landlords and tenants and the warranty of habitability implied in the rental agreement. [Kwaitkowski v. Superior Trading Co. (1981) 123 CA3d 324, 333, 176 CR 494, 500]

[3:34–35] Reserved.

 

• [3:36] Compare: Tenant who was assaulted by nontenant intruders in the hallway of his apartment building could go forward with a negligence cause of action against Landlords. But Tenant could not state a cause of action for breach of the warranty of habitability where he did not allege that bare living requirements were not maintained, that Landlords did not comply with applicable housing code standards, or that he relied on a rental agreement promising a certain level of security that later was reduced. [Penner v. Falk (1984) 153 CA3d 858, 868–870, 200 CR 661, 667–668]

[3:37] R.

 

 

 

 

Additionally: It should be noted that it is the esteemed opinion of such organizations Housing and Community Investment Department, for instance, as well as websites for fair housing and tenant advocacy groups, such as the Housing Rights Center. We spoke to the experts at both of those groups to put together a quick primer on 10 rights all tenants should know.

 

 

1. All tenants have a right to clean, habitable housing, and landlords are required to maintain livable units—ones in which doors and windows are not broken; the roof and walls keep out water; plumbing works and dispenses hot and cold water; and there are no vermin running free in the building and unit. There are more legal qualifications, but this is the gist. “Basically, tenants have a right not to live in slum housing,” a rep for the Housing Rights Center says.

 

2. If a unit is not habitable, the landlord is supposed to remedy it immediately, but technically the landlord is also forbidden from collecting rent for that unit. That does not mean that tenants should forego paying rent on their own initiative.

 

The Housing Rights Center says that, unfortunately, a tenant’s best move in a situation like this is to continue paying rent. Doing so allows the tenant to continue to have the upper hand: They can always point to the fact that in the landlord-tenant compact, they’re holding up their end of the bargain.

 

Which I have done.

 

(2) [3:38] Compare—tort damages for premises liability: More commonly, a landlord's alleged failure to take reasonable security precautions for the safety of tenants finds its way to court in a premises liability suit pleading tort causes of action for damages (including, in an appropriate case, punitive damages).

 

The pivotal issues in these cases turn on whether a duty was owed under the facts; if so, whether the landlord's failure to take various security measures to protect tenants (and others) from criminal conduct breached that duty; and, if so, whether the breach was a legal cause of the injury. [Sharon P. v. Arman, Ltd. (1999) 21 C4th 1181, 1188, 91 CR2d 35, 39, cert.den. (2000) 530 US 1243]

 

Let us finish this way I am open to any meeting that will resolve this in some sort of equitable, intelligent & reasonable manner, where my audience will consist of a recording device and me being a reasonable, fair receptive listener.

 

Prepared to put the past behind him.

 

SINCERELY,

 

ZAYBASTIAN XOSS

 

NOT aka “Mr. Sucks.’

 

My previous ending, my current on is you must end your vicious hostile retaliation against me your must conform to reasonable accommodations and follow all laws ordinance state and federal and local.

 

You must reimburse me for all issues loss of service as well as make rental adjustment for the last 10 years as you violated your lease agreement (which you created 3 of)

 

And reimburse all fee an cost associated with towing me as part of your retaliation and discrimination against a disabled person