Saint Paul/ Federal Fair Housing Lawsuits, Meet Victim Sandra Harrilal
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posted by Bob at Monday, September 22, 2008
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Monday, September 22, 2008
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12 Comments:
There maybe copy errors.
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Frank J. Steinhauser, III, et aI.,
Plaintiffs,
v.
City of St. Paul, et aI.,
Defendants.
Sandra Barrilal, et aI.,
Plaintiffs,
v.
Steve Magner, et aI.,
Defendants.
Thomas J. Gallagher, et aI.,
Plaintiffs,
v.
Steve Magner, et aI.,
Defendants.
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
Civil No. 04-2632
JNE/SRN
AFFIDAVIT OF
SANDRA HARRILAL
IN OPPOSITION TO
SUMMARY JUDGMENT
Civil No. 05-461
JNE/SRN
Civil No. 05-1348
JNE/SRN
Sandra Harrilal, being duly sworn upon oath, states and deposes as follows:
1. I am a resident of St. Paul, Minnesota. I have owned my own home in St. Paul
at 780 Charles since April 200 I. I am a school teacher. My race is AfricanAmerican.
2. I owned two rental properties in the St. Paul which I bought in 2003. I sold
these properties in 2004 and 2005 due to the City's code enforcement against
my rental property located at 704 Lawson Ave. East. This duplex home I
purchased from Ray Hessler, at the time an owner of many low-income rental
properties in the City.
3. At the time I purchased the 704 Lawson rental property, I registered the home
with the City rental registration office and listed my home address at 780
Charles, where the City should contact me about my rental property.
4. All my tenants in the duplex at 704 Lawson were African-Americans during
the time I owned it. One unit was occupied between May 2003 and August
2004 with an African-American couple with three children. The second unit
was occupied by an African-American woman from May 2003 to March 31,
2004.
5. My second rental property at 476 Lawson Ave, was occupied by an AfricanAmerican
as a qualified Section 8 rental home between April 2003 and April
30, 2004. These two homes were in good condition.
6. My two rental properties were located in the inner ring of St. Paul, where there
is a concentration of minorities. See Exhibit"1" attached hereto, a listing of
addresses of my former properties, census tract information and maps of Saint
2
Paul from City documents showing concentrations of minority groups and low
income concentrations, CDDG Block Group map, Saint Paul Sub-Grantee
Service Areas map, Racial Minority Population map with "children of color"
plotted where more than 50% of public school students, and 2004 Code
Enforcement Sweeps and 2003 Sweeps maps.
7. Starting in early 2004, I experienced increased code enforcement activity on
my rental portfolio, which included exterior and interior inspections, city
orders, shortening of timelines for fixing any claimed deficiency, charging of
fees for excessive use of city services when deficiencies should have been
called at once, interference with my ability to comply with City orders due to
delayed postmarks and actual deliveries of City enforcement orders and notices
of claims for excessive services.
8. In 2003 and 2004, Andy Dawkins, Inspector Lisa Martin, Inspector/supervisor
Steve Magner, and Officer Dean Koehnen participated in City action directed
at me at my duplex rental property located at 704 East Lawson. I did not leam
about this action under early 2004. The neighborhood surrounding my rental
home at 704 Lawson had a significant percentage of minorities residing there.
9. In February 2004, I discovered that Community Stabilization Project ("CSP")
was contacting my tenants with flyers informing them of the City's interest in
condemning my 704 Lawson rental property for claimed nuisance. I had not
had any nuisance at my property since I purchased the property the pervious
year. Exhibit "2" attached hereto, 60179.
3
10. I contacted Ray Hessler, the prior owner of the rental property, and obtained
City code enforcement documentation of December 16, 2002, and February 13,
2003, along with a copy of his cancelled check for the repair work and a
receipt for a new hot water heater installed in the 704 Lawson home. Exhibits
"3",60273-75, and "4", 60267-268 attached hereto.
11. I then contacted Inspector Martin and was informed that the City was suing me
with a Tenant's Remedy Action claim ("TRA") over claimed code deficiencies
on 704 Lawson property. I was shocked by this news. Martin informed me
that she had mailed a Correction Notice to me in September 2003. At no time
prior to that call had I been provided with any notice of the City'S code
enforcement actions on 704 Lawson or the City's lawsuit against me.
12. I learned that the Correction Notice Martin had referred to was dated
September 15, 2003, and was actually addressed to 704 Lawson, not to my
home address that I had registered with the City's rental registration program.
Exhibit "5", 60195-198, attached hereto.
13. I also did not receive a copy of the TRA Summons at my home rental
registration address either. However, in the Complaint, Dawkins referred to
my home rental registration address so it was clear to me Martin, Dawkins and
others knew how to provide me with "actual notice" of important matters
related to my rental property but they deliberately choose not to provide me
with the notices so that Dawkins, Martin, Koehnen and her supervisor Magner
4
could "build a file" against me for further actions against me and my tenants
and my rental home.
14. The September 15, 2003, Correction Notice, Exhibit "5" prepared by Martin
was attached as Exhibit II I to the Verified TRA Complaint prepared and sworn
to by Dawkins. The Correction Notice listed 12 items that Martin claimed were
code deficiencies. Dawkins claimed in Paragraph No.6 that the code violations
had not yet been remedied. This was false as items numbers 10 and 12 had
been remedied; the hot water heater had been replaced and the illegal locks had
been replaced before the City's commenced the TRA.
15. My tenants did not join in the City's TRA against me. I was forced to retain
attorney Douglass E. Turner to protect my interests in Ramsey County District
Court during the period of February 2004 through July 2004.
16.After the City started its TRA lawsuit against me in early February 2004,
Inspector Martin continued to issue me frequent Code Orders on my 704
Lawson property: on February 25, 2004 (Exhibit "6", 60219-221) and May 5,
2004 (Exhibit "7", 60226-27) and she wrote letters on May 11, 2004, and May
27,2004 (Exhibits "8", 60230-31 and "9", 60248-49 attached hereto.
17. This caused me further distress and expense of workman and attorney's fees to
defend against this continued action against me that was not justified.
Inspector Martin wrote her code orders so vague that I and my workman did
not know what Martin was saying needed to be fixed. My attorney had to
write letters to Martin seeking clarification, which caused me further expense.
5
18. During 2003 and 2004, many homes and garages in the 704 Lawson
neighborhood were in similar condition as my rental home. Quite a few homes
and garages around 704 Lawson were in bad condition with significant
deterioration - not like my propc11y at 704 Lawson.
19. My garage was in better shape than Andy Dawkins' garage for 2003 through
2005, and my home was in better shape on the exterior than Councilmember
Dave Thune's home during that same time. The City did not enforce its code
against its officials and employees, but came after me and my AfricanAmerican
tenants and raised my costs of providing housing to both Section 8
renters and others who were in need.
20. I received no offers of assistance from the City, Dawkins, Martin, Koehnen,
Magner or anyone else to help me with complying with the City's heightened
standards during 2003 through 2004.
21. During the time the City's TRA lawsuit was in Court, Dawkins and Martin
continued their scheme of delayed notice to me in an attempt to prejudice me
in the Court action and hurt me further. Following a May 27, 2004, inspection
of 704 Lawson, Martin prepared an additional Correction Notice dated June I,
2004. Exhibit "10", 60276-278 attached hereto. In this Notice, Martin
provided me until June 14, 2004, to correct the alleged deficiencies. The
envelope that enclosed the June I, 2004, Correction Notice was postmarked
"June 15, 2004." Martin intentionally delayed mailing this Notice to me for
two weeks after the date of the Notice. I believe she did so in order to
6
prejudice me in the 'I'RA action because I had hired an attorney and hc and I
were defending my right to rent to African-Americans in my community and
because we were standing up to her bully tactics. Martin delayed the mailing to
me shortly after she and my attorney had been writing back and forth and there
had been vigorous arguments in court. I received Martin's Code Orders days
after her June 15, 2004 deadline. I was shocked by Martin's continued dirty
tactics. My attorney again had to continue to defend my interests and this
caused me further expenses.
22. Dawkins also sent me a letter notice dated June I, 2004, notifying me that his
Code department had conducted an inspection of my rental property at 704
Lawson on May 27, 2004, and he claimed the City had determined that I was
not compliant with a previous order to repair the property. Exhibit"11",
60279-281 attached hereto. Dawkins stated that I was being billed $50.00 for
the cost of the inspection for excessive consumption of City services. Dawkins
stated that my property was scheduled for a re-inspection on June 14, 2004,
and warned me that if I did not have the violations COlTected by that date, I
would be billed an additional $75.00 for additional City re-inspection costs.
He also threatened to revoke my rental registration if! did not pay his bill.
23. I didn't receive Dawkins' important letter and notice by the June 14, 2004
deadline he had set because Dawkins delayed mailing his June I, 2004, and
excessive consumption notice to me for over two weeks. The postmark on the
envelope enclosing Dawkins' notice is dated June 16, 2004. Again, I had to
7
contact my attorney and seck his advice to protect my interests. This caused me
further expense and fear that a government official would be so underhanded
with me, even while the City was in Court.
24. Due to the way the City inspection department had treated me by not providing
me with important City notices, Orders and legal proceedings, I knew I could
not survive as a landlord in the City and it would only be a matter of short time
and Martin, Dawkins, Magner, and Keohnen would find a way to run me over
and devastate me financially. I did not have the money to continue to have an
attorney constantly by my side every day to protect me from the City while I
continued to provide housing for renters in the City.
25. Because of the way I was treated by Andy Dawkins, Inspector Martin, Steve
Magner and Officer Keohnen, with harassment and dirty tricks, and the great
expense I had to incur on my rental property, I knew I could not stay in the
rental business in St. Paul.
26. I had been able to provide Section 8 housing in the City and I got through the
Section inspection program without any difficulties. I had passed the Section 8
inspection on my property at 476 Lawson and both of my rental properties
were in similar condition.
27. The City's inspection program was impossible to comply with - the standards
were so high -"professional manner," for example, that I would have had to
raise my rents in order to pay for the work required by the City orders,
especially to the high level of their satisfaction, and by the need for an attorney
8
to defend me at every step I made in the City. If the City enforced its code on
my second property with the same forcc, I would have suffered cven more
financial hardship and lost my investments in both properties.
28. During most of 2004, my time was spent trying to meet the elevated demands
of Dawkins, Martin, Koehnen and Magner on my 704 Lawson property. That
took its toll on my mental and physical condition. In 2004, I had calls from
potential renters but I could not have them occupy 704 Lawson until the City
finally said my property was up to its high standards in late summer 2004. I
was afraid to re-rent either of my apartments in 2004 after I lost my tenants for
fear that Martin, Keohnen, Magner and Dawkins would again try to shut me
down by falsely claiming my properties were a "nuisance" and then forcing
expensive modifications to my low-income homes.
29. During then week of February 22, 2005, I received in the mail a Rental
Registration Notice from Dawkins' department dated February 8, 2005.
Exhibit "12", 60283-286. The Notice included a small printed statement that,
"Code Enforcement appeals information may be obtained be calling 651-2668989.
Any appeal to this registration requirement must be filed within ten (10)
days of the datc of this letter." When I saw the mail delay again from
Dawkins' office, and the fact I was long past the appeal time listed in the
notice, I knew I had really had no choice but to sell my homes.
9
30.1 lost rental income during 2004. I needed the rental income to pay for normal
maintenance and repairs, utilities, mortgage payments and other expenses of
my homes.
31.1 was forced to sell my two rental properties in the City because the City
applied a strict standard to my low-income rental homes that Section 8 had not
applied.
32.1 found out later that the City had labeled me a "problem property" owner and
that is why they were enforcing the City code to the max on my 704 Lawson
property. Exhibit "13" attached hereto, showing "PROBLEM PROPEnTY"
and "RR exists? Yes" (Rental Registration). This document lists Inspector
Martin as the assigned inspector back in 2003 and 2004. She knew I had a
home address on file in her office but chose to ignore that address for the
September 2003 Correction Orders and for giving me actual notice that the
City had started a lawsuit against me so she could built a court case against me
that I was a repeat violator.
Ii'URTIIER YOUR AFFIANT SAYTI-I NOT.
Dated: 8122/08
Subscribed and sworn to before me
this 22nd day of August, 2008.
William P. Weihrauch
Notary Publ ic
Under Seal
10
/s Sandra Harrilal
Sandra Harrilal
2000
Again, other than that the mail didn't always get sent to her home address the issue here is what?
Went to the MLS on both of these. It appears that the owner made out like a bandit selling these in the flip happy market and whoever she sold them to got caught holding the bag.
476 Lawson bought in Feb 2003 for $120,000 and is sold a little over a year later for $149,900. A nice 25% profit in a tad over a year.
And 704 Lawson the MLS show a sale in 1995 for $54,900 (so this doesn't quite match with her story dates) but is then sold by her on 1/12/2005 for $195,000. So, that one she or she and Ray made 391% profit over the course of ten years.
You can see where it would be distressful to have to waste any of those profits in trying to keep up the property. My goodness if you had to put five or ten thousand into it the margins would fall apart.
So, these were flippers and the housing bubble burst and the both went into foreclosure when who ever bought them weren't able to get another flip out of them.
704 Lawson - AFTER SHE SOLD IT was listed on the market in April 2006 for $209,900.
"Fully rented with excellent tenants. Washer and dryer included. This duplex offers a great investment opportunity. Nice spacious layouts in both units, perfect for a duplex or as a large single family home."
Sounds like the building didn't go vacant because of the TRA, it got repaired, someone made a 400% return on their investment and sold it to someone else. They just weren't able to get one more flip out of it.
JMONTOMEPPOF
Chuck Repke
Chuck might be right. These plaintiffs are banding together to make mountains out of mole hills.
And are you figuring the profit before or after the "flip" Chuck? What gives you the right to incinuate that everyone that sells a property is a flipper? Il'll bert if the city hadn't forced her out that she'd dtill be there today rpoviding affordable housing to someone.
The title of this says "meet Victim Sandra..."
So, if what it takes to become a victim is making 400% profit, please somebody make me a victim!
JMONTOMEPPOF
Chuck Repke
Same shit happens when pro-se litigants file papers in Ramsey District Court.
Affidavits of service get lost.
They are harassed.
They are treated rudly by court
administration employees.
Most of the cases get thrown out.
(some of them should though from what I hear)
And it is not surprising that DSI notices are intentionally sent past the date of post marked letters and notices from DSI.
So, if what it takes to become a victim is making 400% profit, please somebody make me a victim!
Yeah, it's nice that someone made a buck.
You're changing the subject, tho, Chuckles. The woman was FORCED OUT of her property by an administration that is out of control and is not playing by any rational rules. They are abusing the law in letter and spirit.
Not everyone the city craps on makes a 400% profit.
4:01 if having to actual put some monies into your properties is forcing you out so you have to settle for 400% profit, like I said... make me a victim.
JMONTOMEPPOF
Chuck Repke
Ciani tried making you a victim Chuck, but instead you chose to just go ahead and paint your house!
Now you're belly aching to us cause you can't be a victim and get paid? Get a life man.
Repke is so full of it his eyes are brown! Ms. Harrilal bought the 704 Lawson property in April'03for $180 K. Sold it in Jan'05 for $195 K. Less $5 K to close and $20K to the buyer to make the deal. It was common during this time period to give buybacks to a buyer to make the numbers work. Looks like she lost money to me!
On the 476 Laswson property she bought it in Feb. '03 for $120 K and sold the property for $135 K. A staggering profit of $15K. OOps She had a $6K Realtors bill! So her grand profit on that deal was $9k. Sorry Repke, she is a hero in my book for having the guts to stand up to those crooks in city hall.
She has spent FAR more than her profit, and had to spend much of her meager teachers pay to protect the rights of the citizens of St Paul! Even the rights of blind folks like Repke!
Lets see "Repke's "Logick"". As long as you make money its ok for the city inspectors, the court and
all of city hall to break the law as long as the someone they are screwing is making a profit! Sorry Jack! Do not think I can find that one in the law books!
I need a lawyer
I need a lawyer
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