St. Paul Racketeering Lawsuit #1, Victim Sandra Harrilal

257. Dawkins, Martin and Koehnen participated in similar discriminatorv and
7 3.illegal action directed at St. Paul landlord Sandra Harrilal at her duplex rental propertv
located at 704 East Lawson (“704 Lawson”) in the Citv. Ms. Harrilal is a single Black
mother of two, is employed as a school teacher and has rented to African Americans at her
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rental properties.
258. Ms. Harrilal purchased the 704 Lawson rental property in April 2003, and
registered her home address with the Citv under its Rental Registration propram.
259. In February 2004, Ms. Harrilal discovered that Communitv Stabilization
Proiect (‘CSP”) was contacting her tenants with flvers informinp them of the C&v’s
interest in condemning her 704 Lawson rental proper@. Ms. Harrilal then contacted Rav
Hessler, the prior owner of the rental proper&, and obtained Citv code enforcement
documentation dated December 16,2002, and Februarv 13.2003, alone with a COPY of Mr.
Hessler’s cancelled check for the repair work and a receipt for a new hot water heater.
260. Ms. Harrilal contacted Defendant Martin and was informed that the Citv
was suinp Ms. Harrilal with a TRA over claimed code deficiencies on her 704 Lawson
rentalbropertv. Defendant Martin informed Ms. Harrilal that Martin had mailed a
Correction Notice to her in September 2003. At no time prior to that call had Ms. Harrilal
been provided with notice of the Citv’s code enforcement actions on 704 Lawson or the
City’s lawsuit avainst her.
261. Defendants Dawkins, Martin, Koehnen, Manner and other Citv officials and
74.employees unknown at this time, participated in a fraudulent scheme of no notice and
delaved notice to Ms. Harrilal of Citv code enforcement documents and court papers in
order to benefit themselves to Ms. Harrilal’s deteriment. The illepal actions against Ms.
Harrilal as described herein were accomplished to’ further the racketeeride activitv of
Defendants Dawkins. Maener, Martin, Koehnen, Kelly and others.
262. Ms. Harrilal subsequentlv learned that the Correction Notice Martin had
referred to was dated September 15,2003, and was actuallv addressed to 704 Lawson not
Ms. Harrilal’s home address listed in the Citv’s Rental Registration program. Ms. Harrilal
also did not receive a COPY of the TRA Summons at her home address. However, in the
Complaint. Defendant Dawkins referred to Ms. Harrilal’s Rental ReFistration address.
263. The September 15.2003, Correction Notice on Ms. Harrilal’s 704 Lawson
rental propertv was prepared bv Defendant Martin. This Notice was attached as Exhibit
#l to the Verified Tenant Remedies Action (“TRA”) Complaint prepared and sworn to bv
Defendant Dawkins. The Correction Notice listed 12 items that Defendant Martin claimed
were code deficiencies. Defendant Dawkins claimed in Parapraph No. 6 that the code
violations had not vet been remedied. This was false as items numbers 10 and 12. had been
remedied: the hot water heater had been replaced and the illepal locks had been replaced
before the Citv’s commenced the TRA action against Ms. Harrilal.
264. Ms. Harrilal’s tenants did not ioin in the Defendant Citv’s TRA aRainst her.
7 5.Nevertheless, Defendant Citv, Martin and Dawkins continued the TRA and Ms. Harrilal
was forced to retain an attornev. Douelass E. Turner, to protect her interests in Ramsey
Countv District Court durinp the period of February 2004 through Julv 2Od4. In the TRA,
the Citv attempted to present code violations that Defendants Dawkins and Martin claimed
existed in an emptv rental unit of 704 Lawson: the Ramsev Countv District Court ruled
that the Citv was limited bv the Minnesota TRA statute to presenting code violations in
occupied rental units.
265. During the pendencv of the TRA, Defendants Dawkins and Martin continued
their fraudulent scheme of delaved notice to Ms. Harrilal in an attempt to preiudice her
and penalize her. Followinp a Mav 27.2004, inspection of 704 Lawson, Martin prepared
an additional Correction Notice dated June 1,2004. In this Notice Martin provided
Harrilal until June 14,2004. to correct the alleged deficiencies. The envelope that enclosed
the June 1.2004, Correction Notice is postmarked “June 15.2004.” Martin intentionallv
delaved mailing this Notice to Ms. Harrilal for two weeks after the date of the Notice in
order to preludice Ms. Harrilal in the TRA action that was pendinp in State Court.
266. Defendant Dawkins directed the fraudulent notice scheme apainst Ms.
Harrilal. Dawkins prepared a letter notice to Ms. Harrilal dated June 1.2004. notifying
her that his department (NHPD had conducted an inspection of her rental property at 704
Lawson on Mav 27.2004, and found that she was not compliant with a previous order to
76.repair that propertv. Dawkins stated that Ms. Harrilal was beinp billed $50.00 for the cost
of the inspection in accordance with St. Paul Ledslative Code Section 34.08.4 for excessive
consumption of Citv services. Dawkins stated that Ms. Harrilal’s propertv was scheduled
for a reinspection on June 14.2004, and warned her that if she did not have the violations
corrected by that date. she would be billed an additional $75.00 for additional City
reinspection costs. Dawkins fraudulentlv delaved mailing his June 1,2004, excessive
consumption notice to Ms. Harrilal for over two weeks. The postmark on the envelope
enclosinp Dawkins’ notice is dated June 16.2004.
267. Because of the discriminatory and illepal actions apainst Ms. Harrilal by
Defendants, including Defendants Citv, Martin and Dawkins, Ms. Harrilal has lost tenants
and rental income to pav for maintenance and repairs, utilities, morteaEe payments and
other expenses of the subject property, she has lost her investment in the 704 Lawson rental
propertv, and she is now forced to sell her two rental properties in the Citv.
268. On AuEust 252004, Ms. Harrilal delivered her Notice of Claim to the Citv of
St, Paul alleeine, amon other claims, that Defendants had illePallv discriminated against
her as a landlord providinp housine services to “protected class“ members, had abused
process. had retaliated apainst her, and had continued their racketeerinp activitv against
her and others in the Citv.