More Dirty Deeds By The City
Please look in the comments for the post. This post is dedicated to the other bob "the landlord hater..
posted by Bob at Sunday, January 21, 2007
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Sunday, January 21, 2007
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Previous Posts
- City Council Video on Certificate of Occupancy
- Predatory Lending
- Code Enforcement Officer Steve Schiller Deposition...
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- Rental Inspections Widen
- CODE ENFORCEMENT HELPED SEND MY FRIENDS TO THE GRAVE
- RACKETEERING HEARING NOTICE
- City Attempts To Block Testimony In Racketeering L...
- Prayer For Our Soldiers
- House For Sale Bullet Hole And All
17 Comments:
Kathy Lantry
St. Paul City Council
City Hall - Room 320C
15 W. Kellogg Boulevard
St. Paul, MN 55102
LAW OFFICES OF
MINNESOTRAE GIONAL EGAL
SUITE 200
Ifdi EA..T FOIIRTH STREET
ST PA'Alll.. MINNESOTA ri,lOl
(651) 222-5863
FAX (651) 297-6457
August 11,2004
HAND DELIVERED
LAW WORK MANAGER
STEVENWOLFE
ATTORNEYS
JULIAALTHOFF
BETIYBERGER
PERRYDE STEFAN0
M*R111** EAVES
KATHLEENM. EVESTAGE
JON OEFfEN
KEN GlLCHRi8T
JAP*UL HARRIS
LAUWJELINEK
GEWLDG. ULUZNY
DOLLENE LAMBERM
JAMES LAURENCE
LAURA MELNICK
RON MICWLSON
JENNIFER MUCHEK
REBECCAAOSSOW
RACHEL SIBLEY
VALERIE BSNWER
.JAMES J. STREET
COLLEENWALBW
BENJAMIN LWEISS
Re: 321 Bates Avenue
Dear Ms. Lantry:
Southern Minnesota Regional Legal Services represents the tenant-caretaker, Robert King, in the
above-referenced matter. We DO NOT represent the owner of the property. At the legislative
hearing on August 10. 2004, the hearing officer instructed us to write you a written response and
request as you have this matter on the closed agenda. We would respectfully request that you
read this letter along with the August 5, 2004 letter, which is enclosed herein, into the record. We
have also included a copy of the July 22, 2004 inspection notice, the July 27, 2004 letter from the
owner, the July 29, 2004 letter to the legislative hearing officer from our office and a print out from
the Fire Marshall's office verifying that the inspection notice generated July 14, and typed up July
22, 2004, did not get sent thereby proving that the caretaker did not have notice of the repairs
until the actual hearing on July 27, 2004.
Our office has the following concerns in addition to those noted in the attached August 5, 2004
letter:
1. The neighbors have made repeated false allegations that the caretaker,
Mr. King, is involved in drug activity. As you know, our office has a policy that we do not represent
people if there is credible evidence of drug activity. We checked with Ruth Ann Eide from the St.
Paul Force Unit. There is simply no credible evidence that Mr. King is involved in drug activity on
the premises. Quite the contrary, he has met personally with the Force Unit and Ruth Ann Eide
so that he can learn about tenant screening procedures that the Force Unit of St. Paul
recommends. He has agreed to implement their recommendations. Further, he has agreed to
work hand-in-hand with the Force Unit, the District 4 Community Council and the neighbors to
remedy the criminal activity in the neighborhood.
Mr. King has even agreed to put exterior lighting and cameras on the premises to ward off
the criminal element that is out in the neighborhood. He has no more control over the criminal
activity on the street than the complaining neighborhood residents. I challenge you to find a more
responsive caretaker in the Dayton's Bluff Area. At the hearing, the neighbors even accused Mr.
King of having long grass, not that this is a big matter. However, the point is that this was a
EXHIBIT G STP 018291
Case 0:05-cv-01348-JNE-SRN Document 36 Filed 01/16/2007 Page 29 of 46
completely false allegation as I was personally on the premises on Monday and there is no long
grass on the premises. You know as an officer of the court, I am obligated to be honest and you
know me well enough to know that I am honest and straight forward. Since the neighbors are
lying about that and I question whether they are credible about their other allegations. Although
there are a number of police calls, Mr. King had vacated other problem tenants. He is the only
one there and he is willing and able to work with the Force Unit to prevent other bad tenants from
moving in.
2. The lnspection Office has set this case up for failure. The record is clear
that Unit 1 was condemned for being over-crowded. The unit has been vacated. Therefore, that
unit should no longer be condemned. Secondly, the inspection notices have not been sent out as
represented in their letters. We proved this at the hearing. One may construe this as either a
misrepresentation or fraud perpetrated by the inspectors office. Based on how this case has
proceeded one could argue this was just another tool which was being used to vacate the
building. We obtained an inspection report dated July 14, 2004. At the hearing, it was brought up
by the building inspector herself, Pat Fish, that this letter never went out either. Thus, there are
two inspection reports during the time this matter was before the legislative hearing officer. The
two letters listed the repairs that were of issue before the legislative hearing officer and neither the
owner nor the received the repair notices until the actual hearing date. Is that fair play?
Additionally, the apartment was supposed to be reinspected by the City Fire Marshall prior
to the hearing on August 10, 2004. Naturally, that never happened as there was allegedly another
mistake by the City lnspection Department. Although we provided proof by pictures that a
majority of the repairs were made, the City conveniently did not reinspect the premises by the
hearing as promised and thus it caused yet another delay. Moreover, if you look at the July 22,
2004 notice, it is defective on its face as it states the reinspection will be on or after July 12, 2004.
That is clearly erroneous as the reinspection date precedes the date of the notice. Again this
notice was not received until the actual legislative hearing on July 27, 2004. Nevertheless,
essentially all the repairs have been completed with the exception of the electrical work as the
caretaker was taking bids from electricians. If the City Inspector had not been negligent in failing
to give proper notice or if they were not trying to sabotage the success of the repairs, the repairs
would have already been made. I was informed by the on-site and off-site caretakers that they
have narrowed down their electrician bids to two prospects. They will be making a final decision
this Friday on which one to choose.
3. I was concerned that the City was using the Building Inspection Department to
vacate a building of disabling and minority people. Every person in this building was a person in a
protected class. They were either minorities or disabled people. Vacating the building by using
the inspection department in this manner did have a disparate impact. I know the City did not
intend to have a disparate impact. We try to collaborate with the City and try to produce win-win
situations. I can easily see that the owner and tenants would have a claim for disparate impact
against the City. Naturally, I do not represent the owner nor would I be bringing such an action
against the city as we have a long history of collaborating together. However, I thought you
should know that as a practicing housing law attorney who knows about discrimination law that
there is exposure to a discrimination claim on this matter due to the way it was handled.
4. I know you would agree it is best to play with an "open hand" when dealing with
the public. The hearing officer ~nformedu s that the decision will be before the City Council but it
will be presented at a closed meeting. She specifically said we were not invited. I can see the
City Council deliberating in closed chambers on matters. However, when there is a actual vote
whether it is on the consent calendar or otherwise, it should be open to the public for comment. I
2
EXHIBIT G STP 018292
Case 0:05-cv-01348-JNE-SRN Document 36 Filed 01/16/2007 Page 30 of 46
will research the Open Meeting Act and fo~lardit to you. I admit I have not looked at the Open
Meeting Act for awhile as I have not needed to.
5. By forcing a vacate of the building by revoking the Certificate of Occupancy, we
will now have a vacant building on a corner where there is criminal activity. As you know, there is
nothing that will blight a neighborhood more than a vacant building on a city corner. There will no
longer be "eyes and ears" watching the criminal activity. Since Mr. King was working "hand-inhand"
with the Force Unit, he would be able to put good tenants in the building. Without having
people in the building there will be no additional "eyes and ears" thereby resulting in an increase
of criminal activity on the corner.
Although the neighbors consistently claimed there are still squatters, there is
absolutely no evidence of that. They have already proven not to be credible. Mr. King assures
me that he has not allowed squatters in, has secured the building and is working with the Force
Unit to prevent squatters. I went over to the building to take pictures for the hearing and I could
not get in.
6. I was informed by the legislative hearing officer that I would be informed of her
decision by noon today so we could send you written comments. It is now 1:30PM and I was
never called regarding her decision.
If you have any questions or comments, please do not hesitate to contact me and I hope
the City Council will allow Legal Services to collaborate with the District IV Community Council,
the Force Unit, the Fire Marshall, the caretaker and the neighbors to rectify this situation as it is
not common that we are able to obtain a cooperative caretaker who works for an alleged problem
landlord. I would hate to lose the opportunity to collaborate together on this case as it does
appear that we have got the owner's attention and were making great progress despite the "hide
the ball" tactics that were being played by the inspectors office.
ss
encs
cc Robert King
Debbie Montgomery
Dave Thune
Pat Harris
Jay Benanav
Lee Helgen
Dan Bostrom
EXHIBIT
I am not trying to start an argument with you Bob but I am just wondering where you are getting all this stuff that you are posting about property owners and lawsuits I want to see all of it. Where can I get it? Is it available on the web?
Looks like business as usual by the city of St.Paul.
It's public information... ANYONE WITH A FEW BUCKS CAN GET IT!!!!!
Would all like to see how they fix the courts? HUH? !!!!!!
Of course he wants it, all of it, trying to do damage control are we? You're so smart, you figure it out.
No, No, I think I will drag all this out real slow over the next YEAR!!!
Unit 1 condemned for over crowding. Like the landlord is suppose to stand out front of his property and count heads as they come and go.
I know people are over crowding PHA, those units are never condemned.
Let me tell you people something. They throw women, children and babies out on the street . They don't care if it's cold, raining, whether you have someplace to go or not . Big deal!
Better you freeze to death lose fingers and toes than to have a warm place to stay. Thats the way the City looks at it.
They figure if they can make life as miserable as possibile for low income people of color we'll leave.
Thanks for standing up to these people Bob.
That's just exactly what the City Council has in mind. They make it so miserable for some people to live here that they jsut go somewhere else where they don't have to deal with this crap. These city people are very "street smart." They know the poor not only doesn't have the money to fight them, but they are used to getting kickce around that they either just put up with it or they move on, and "movin on" is the name of the game in St. Paul. They know if they keep at them, that eventualy the poor will leave. Get rid of the nest and you get rid of the critter.
Just want to let everyone know there is a lot more to this story.. I'm saving it...:-)
I just heard good news.A older lady who has a couple bucks to her name that got screw balled by the city has offered the plaintiffs funding to see these cases through the courts no matter if it takes 4 years.She has been heard saying she wants justice and for the city and state to see all the evidence.
She didn't know anything about these lawsuits until Bobs postings of the case.Thanks Bob for what you do.
Wow! Just about every story you ever posted here Bob.
Did someone say Ademocracy was a grain of sand?
Read the shit below I copied from the story Bob posted here.! hell even attorneys not affiliated with the RICO suits are telling the City they are fucked!
Legal aide attorney said- I was concerned that the City was using the Building Inspection Department to
vacate a building of disabling and minority people. Every person in this building was a person in a
protected class. They were either minorities or disabled people. Vacating the building by using
the inspection department in this manner did have a disparate impact. I know the City did not
intend to have a disparate impact. We try to collaborate with the City and try to produce win-win
situations. I can easily see that the owner and tenants would have a claim for disparate impact
against the City
What do you got to say about that little bo the landlord hater? Oh, ya you don't address issues, you just run your mouth. Find a little brain capacity.
Their a bunch of CROOKs in this City!
Legal aide attorney said- one may construe this as either a
misrepresentation or fraud perpetrated by the inspectors office. Based on how this case has
proceeded one could argue this was just another tool which was being used to vacate the
building. We obtained an inspection report dated July 14, 2004. At the hearing, it was brought up
by the building inspector herself, Pat Fish, that this letter never went out either. Thus, there are
two inspection reports during the time this matter was before the legislative hearing officer. The
two letters listed the repairs that were of issue before the legislative hearing officer and neither the
owner nor the received the repair notices until the actual hearing date. Is that fair play?
It's fair in St. Paul, an you know what. The people that live there deserve exactly what they have. It is those people who have been on the blogs for over a year defending this kind of action and not giving a shit just because it is not happening to them. It is those people that elect scewballs like Kathy Lantry to run the city, and it is those poeple who hopefully will pay the judgements the court hands down when this thing gets to trial. It is their newspaper that knows exactly what is going on but will say nothing because they are in bed with the city. I feel sorry for the people that had the guts enoguh to stand up and say enough is enough, and the rest of them can go to hell. What goes around came around and now it'ds time to pay!
The wee bob has been on here since this blog started. He will remain here telling us our faults and pointing out spelling errors because he can. He likes to point out who we are and what we do.
Here's what I think: Little bob, is going through a mid-life crisis, earlier than usual. His biggest beefs are his expanding mid-section and the balding spot that is growing each year along with his pocket book. He lives in the more affluent part of saint paul and loves his city government with a passion, that we have all seen. He is a weekend handyman and jock. He flies to Mexico or the Bahamas every year with his equally professional wife and 1 child. They volunteer and give to charity and think they are humanitarian for doing so. They drive a Honda or Subaru. Bob also has a motorcycle because he's trying to recapture his youth, but doesn't want a hog because that would attract the wrong sort of indivual or group. So it is also a Honda. He is for humanitarian aid to Africa and other suffering nations and thinks America has caused most of it.
Bob has degrees and continues to work on over-achieving to please his boss, and he does have a boss, which is why he comes here as he thinks he has control.
Bob doesn't like non-saint paulites coming here and expressing any opinions, "because you don't live here". Bob secretly despises any different culture and skin color than his own, but his charity makes up for that.
Bob has a cabin, maybe in Brainerd, and goes up to it and uses their natural resources, and voices his opinion to all the yocals there of all his vast intelligence, but that is okay because afterall he is "Bob".
Bob if you would have more than 1 child, you could re-populate the world with your own kind. Bob won't because that would put a strain on the earth and global warming.
He likes using words like Xenopheobia and words starting with a. Bob, please correct my spelling if I'm wrong.
Bob, bobobobob has been here all along. I've seen his style, his intellect, his wry sense of humor.
You, yes you out there are under Bob's skin. Bob is crying out for help, he's losing it. How long do we expect him to carry the Artesian water bottle? Bob needs our help! If you know Bob, tell him, he needs friends like you and I. I don't think he's being fed properly and you should always feed a guy like Bob properly.
I think all the picking on who's who and who has what has kind of got us off topic for what the real issue is here. The issue is there are a lot of St.Paul citizens unhappy with the way the code officials are fabricating there work orders making it impossible for the home owner to complete either due to financial difficulties or time deadlines or both. Officials are also using tenants behaviors and damages to condemn theses properties. I do property management and no I do not put the damages into these rental units prior to the tenant moving in, the tenants handle that part of the job very well. Anyone that has been involved in rental property would know that tenants cause damages and behavior issues not the property owner, so why is it that the property owner is being punished? And yes I do background checks.
Also I keep hearing some poster refer to this blog and its people not accomplishing anything. What do you call the Federal court hearing this afternoon then? What do you call the depositions that have been taken? And my biggest question is why are some of the city officials not willing to give a deposition under oath... could it be they have something they would prefer not to speak the truth about?
I am one of the individuals that was threatened and lied to and about by city officials so I feel others are also speaking the truth about the allegations as well. It has happened to way to many people all with basically the same story and no these people had never met prior to having this happen to them.
Nancy
The city council does not want to go to depositions because they know they cannot tell the truth. A good Attorney does not ask you anything he does not already know. They just ask it in ways so you do lie and then they have you by the balls later. Seems the city council is a little too slick for these landlords.
The city council should be asshamed of themselves. If they received this notice from Southern MN Regional Legal Services they should all be fired. This is wrong. I had to read this several times before I really understood what Mr DeStefano was telling the City.
Very bad City.
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