BROOKLINE MANAGEMENT HIDDEN VALLEY TOWNHOMES Failure to repair upkeep premises continues but scumlord protected Grand Rapids Michigan

Brookline Management seems to have a pattern going, but beware. The scumlords are protected by the judges. Be prepared for a battle against big companies and high paying lawyers. Don't give up your battle though. Business practices like these need to be exposed and the average citizen protected. Copied is a letter I have sent to the Attorney General's office. Good luck to anyone who must endure this from Brookline, and for anyone who wants to rent....find out who owns the property before signing the dotted line.

Dear Mr. Cox:
Last year I wrote Governor Jennifer Granholm while she was the Attorney General on this matter. My situation was not reviewed because Ms. Granholm stated it was "being handled by the court". This matter has been going on for a year and I believe someone needs to intervene at this point. Although I had written Governor Granholm because Hidden Valley had breached their contract with me and violated the Consumer Protection Act, and the court was handling issues of back rent and damages, I entrusted in Governor Granholms direction to let the court handle it. How disappointing that has been!
Briefly, I lived at Hidden Valley Townhomes for four years as a model tenant when Brookline Management took over. When they took over, the tenants could not get repairs done, the premises was not kept up, they violated health/safety and fire codes, the safety and welfare of the tenants decreased and it came to our attention that what they were charging for a third bedroom to hundreds of tenants that did not meet state code to be called a bedroom.
In January 2001, I supplied a four page list of needed repairs to the site manager and district manager of Hidden Valley with the stipulation they would make these repairs promptly in return for me renewing my lease.
By October 2001, none of my repairs had been completed after multiple requests. My personnel property was being destroyed or stolen, and the premises had deteriorated so much it was a safety issue. I sent notification that I would be withholding my rent until the repairs were completed. Again the district manager got involved, promised they would repair but nothing was done.
Instead, Hidden Valley chose to wait until my lease ended and then not renew it. I felt this was retaliation but have learned our laws are set up to protect the scum lords and not the tenants. Only a tenant with a month to month lease can claim landord retaliation for complaining about lack of repairs, etc. The tenant with a fixed lease cannot? What sense does that make? When I moved out on March 14, 2002 only a few repairs were completed on that four page list. Forty seven other tenants there had signed a petition stating they had the same issues with lack of repairs and/or failure to upkeep the premises.
Hidden Valley filed a claim for the rent I withheld as well as damages. I answered the complaint and counter complained. The matter went before Judge Servaas in the 63rd District Court on December 19, 2002.
Unfortunately, I had hired an attorney who had not prepared for my case. I have filed a grievance against her since. Therefore, Plaintiff's attorney cited MCL 554. 612 stating that since they had mailed a statement of deposits to my previous attorney, he sat on in for nine days before mailing it to me to respond, and I then responded two days after I received it from that attorney, that the statute said I had seven days to respond, and I responded in sixteen days. Actually,I had responded within the seven days of my receipt as the statute outlines, but Judge Servaas stated that since my previous attorney had received it on the 1st of April and I didn't respond until the 13th and Hidden Valley had mailed it on the 29th of March that I was barred from any defense whatsover and awarded everything on Hidden Valley's statement of deposits above and beyond my security deposit. An amount over $4800.00. My security deposit was $300.00 My attorney said nothing. I asked the judge to speak and he denied me. Judgment was entered.
I researched the matter and learned that you cannot add or delete ANYTHING from these statues. That statute states, "the tenant upon receipt has seven days...". I met that criteria. I also learned that Hidden Valley had violated many of the statutes in that Landlord Tenant Relationship Act. I also found three cases that supported my position. Oak Park Village v. Gorton clearly defines that these statutes are to be interpretted as written and not be used as a statute of limitations. That I clearly was not prejudiced from arguing my counter complaint nor arguing for my security deposit.
I attempted to have my attoney resolve the mistakes she made, but she kept foot dragging. I fired her. I wrote a letter to Judge Servaas asking him to reconsider his decision and outlined all these issues in the letter. I even cited the Oak Park Village Case in my letter. Judge Servaas read my letter and scheduled a hearing "based on the Defendent's letter". That hearing was held on January 30th, 2003 and was a disgrace to the American justice system.
At the hearing, Judge Servaas instructed me to begin. I read approximately four lines of my opening statement and he cut me off. He continued to cut me off whenever I attempted to speak throughout the remainder of the hearing. He was condescending to me, he yelled at me, and he repeatedly attempted to embarrass me. The whole time, he would allow Plaintiff's attorney to speak without interruption and even ask Plaintiff's attorney for advice, "so Mr. ...., what do you think?". I was never allowed to present my case, and every attempt was interrupted by the judge. I felt like Judge Servaas was the Plaintiff's attorney and the Plaintiff's attorney was the judge.
I was able to get the Judge to read one of the three cases that supported my claim. He took a great deal of time to read it, then asked the Plaintiff's attorney how he felt about the cited case. Of course Plaintiff's attorney did not want to acknowledge the relevance of the case, but Judge Servaas had to. He then stated that that particular case law did show I had the right to argue my usual tenacy issues but that I had to pay Plaintiff's attorney's time or he would not allow me to do that. He ordered I had to pay almost $800.00 to pay for Plaintiff's attorney time in fourteen days. If I did not pay in fourteen days, he would uphold his previous judgment. My constitutional right to a trial is being held ransom by Judge Servaas!!
That hearing was called by Judge Servaas based on the letter I wrote citing the laws, statutes and case law supporting my case. The Judge reviews the letter and determines it has merit and orders a hearing. Plaintiff's attorney and I are notified to appear. Although I was not allowed to present my entire case, one piece gets in and the judge decides I have a point. Then turns around and tells me he'll only allow my legal rights based on that point if I pay for the Plaintiff's attorney's time? What type of Justice system is this?
I am an average American citizen who works full time, goes to school and is raising two children by myself. This matter is important to me and many other residents. I am not made of money, but shouldn't have to be to exercise my legal rights as a citizen under our Constitution. Now I'm suppose to pay more money to go back in front of the judge who is obviously biased against me, doesn't let me speak and will not admit his errors. My other option is to shell out more money to hire another attorney, post bond and appeal the obvious misinterpretation of the law. And then if I win my appeal, get sent back to this same judge????????
What Hidden Valley/Brookline Management is doing is wrong. I recently found out they have these same issues in several other properties across Michigan. They take over properties, run them down, don't make repairs and have increased police calls in Lansing, Ypsilanti and Kentwood.
I can't even get a fair trial to express my issues!! Is this what the average Michigan citizen can expect? I had a love for the law and now I'm disgusted by the system.
I respect that Ms. Granholm felt that the local courts should resolve this matter, but they are NOT! There are hundreds of citizens across the state induring the unsafe and unhealthy practices of Brookline Management and those practices are being protected by our judges!
I respectfully request your office intervene in this matter. The Michigan people need to believe their government is there to protect them and their judges are fair, safe and sound. Your office needs to intervene to assure that happens in this matter.
I have file upon file of information, witnesses, case law, etc that I am willing to share. I also have copies of the court transcript although they do not show the tone of the Judge. I would recommend requesting the tape of the hearing. I have written a letter to the Grand Rapids press regarding my trial being held ransom and sent copies to other newpapers and news stations.

This is the justice system in Michigan? I think it's time someone stops looking the other way and protects the people who voted for them.

Please feel free to contact me for anything.

Sincerely,

Concerned Tenant/Voter
Grand Rapids, Michigan
U.S.A.

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