Do landlords and tenants share equal rights?
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posted by Bob at Sunday, February 22, 2009
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Sunday, February 22, 2009
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Conscience is the light of the Soul that burns within the chambers of our psychological heart. It is as real as life is. It raises the voice in protest whenever anything is thought of or done contrary to the righteousness. Conscience is a form of truth that has been transferred through our genetic stock in the form of the knowledge of our own acts and feelings as right or wrong. A virtuous and courageous person can alone use the instrument of conscience. He or she can alone hear the inner voice of the soul clearly. In a wicked person this faculty is absent. The sensitive nature of his / her conscience has been destroyed by sin or corruption. Hence he or she is unable to discriminate right from wrong. Those who are leading organizations, business enterprises, institutions and governments should develop this virtue of the ability to use their own conscience. This wisdom of using the clean conscience will enable them to enjoy the freedom.
Dr APJ Kalam, President of India given during the inauguration of the seminar on “THE EFFECTS OF CORRUPTION ON GOOD GOVERNANCE AND HUMAN RIGHTS
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46 Comments:
SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES
Saint Paul Central Office
166 East 4th Street, Suite 200
St. Paul, MN 55101
TEL: (651) 222-5863 / Fax: (651) 297-6457
Email: central @smrls.org
December 19, 2008
Re: Saint Paul, MN 55106
Dear Mr. *******:
I am writing on behalf of my client, and her family reside in your property at Saint Paul, MN 55106. Ms. ***** residence is in need of the following repairs:
1. Unit is infested with mice: while we are aware that there have been some efforts made to exterminate the mice, it is to our understanding that the efforts have failed to eradicate the infestation in our client’s unit. Please take the necessary steps to ensure that she can fully enjoy the apartment.
2. Blinds are missing from all but two of the windows.
These corrections and repairs must be made with fourteen (14) days. Be advised that failure to make all necessary repairs on time may result in legal action under MINN. STAT. 504B.395 et. Seq. In such a case the court can temporarily take the property away from you and place the property in an administratorship. In that case the administrator’s costs to correct the violations may become a property tax assessment against your property.
Should you attempt to evict Ms. **** , raise her rent, or decrease her services for enforcing her legal rights, we will zealously represent her in court. If you have any questions, please contact me at (651) 222-5863. Thank you in advance for your cooperation.
Sincerely,
Adrian Odya-Weis
Legal Assistant to Tovah Flygare
Attorney at Law
So let me guess. This tenant would be behind in the rent or in vioaltion of some part of the lease or selling drugs or had a police raid and she's mad at the landlord because he is trying to enforce his lease and require her to act in a way acceptable to the city and neighbors. Right?
Why can't these renters just call up and ask to have repairs done instead of running to all the organiztions? It just amazes me that 9 times out of ten they never ask, but go to an advocate and then the landlord gets treated like he has refused. To top it off they start threatening the landlord beofre he even has a chance to do anything. Great social skills!
Landlords are required by state law to provide blinds? Show me that law!
So now landlords have 14 days to eradicate pests? The attorney admitted the landlord had made "some efforts" to remove the pests. If this 14 days applies to all pests, then we are screwed. Because tenants are responsible for many of the pests (roaches and bed bugs especially).
On the brighter side... St. Paul must have solved their budget crisis if they have time to take on ridiculous cases like this!
Bill Cullen.
There's more to this than meets the eye I'll tell ya!
It's been almost 8 years under this predatory code enforcement reigme. So have the neighborhoods improved any? Take a drive throguh East Side or North End and look for yourself. I don't see much improvement.
How's things in Frogtown Froogy? Any better yet?
Bill, it appears to be an legal intern with SMRLS that wrote the letter.
JMONTOMEPPOF
Chuck Repke
I don't know how you folks view SMRLS, but they really sound like the city code here threatening someone.
I don't support the actions of code UNLESS they act fairly and with just cause.
There are however, slobs and pigs that permit roaches and rodents because they live like slobs by choice.
A unit infested with mice would seem to indicate the person lives like a pig.
Mice will go into the apartment of pigs and slobs because they smell food and garbage.
How can you blame the landlord always.
This might be a case of an
overzelous SMRLS
SMRLS gets state and local financial aid from the city as far as I know.
Some actions taken on behalf of tenants could be an extension of code enforcement because SMRLS has the ability to threaten the landlord and sue them .
I just hope SMRLS is right about this one.
Jeff Matiatos
It's very seldom SMRLS is right. Read that Perry guys deposition that Bob had posted. He told the city that code was targeting people. Instead of trying to pickpocket the landlord they should be going after the city but they cannot because the city gives them money. Isn't that a conflict of interest Chuck. Why don't you ask your attorney friend. But then I suppose a conflict of interest is OK as long as it is for the greater good huh?
Renters do have a lot of rights, recently we had a case of discrimination due to the following incident;
We offer offer our tenants a $50 discount each month for paying their rent prior to the 1st of the month. One of our tenants went to legal aid with claims of discrimination because she is on SSI disability (obesity & depression) and doesn't recieve her check until the 3rd leaving her unable to pay before the first. It was found that she is intitled to the discount due to her situation yet the working class of tenants that don't get paid until the 2nd do not recieve the discount unless they manage to pay before the first.
The end results are; the discount will now be discontinued for all residents at the end of their lease thanks to legal aid.
The Mooseheads Truth in code compliance.
8:53 - I am always amazed at what people think is a "conflict of interest." I swear that some people think if two people have ever met each other there must be a conflict of interest.
For there to be a legal conflict of interest, there must be a direct financial benefit to a party from the financial success of the other party.
The City doesn't make any money if a client that SMRLS represents is successful in getting their mouse problem fixed. And SMRLS doesn't lose any money if they fail at it.
There is no conflict of interest.
I know sitting on the sidelines it must appear that every football game is rigged because the players on both sides know each other. In fact in the pro's some of them went to school together before they turned pro. Under some of your views of conflicts, they shouldn't be able to play against each other.
Or, how about horse racing, it has to be rigged, all of the jockeys get changed in the same room together. It has to be fixed!!!
Familiarity, or other prior business together does not create a direct financial conflict.
And, the appearance of a conflict, does not make a conflict.
JMONTOMEPPOF
Chuck Repke
People with noithing to hide don't destroy evidence Chuck.
Chuck if the city uses SMRLS as a way to rid the city of landlords they don't want there is a conflict.Not all conflicts of interest need to be about instant money changing hands.One might say getting rid of the Joe Blow landlord that owns 30 houses in St.Paul and turning them into owner occupied could be an interest of the city.
Jim
2:54 ...and just because the trash was taken out doesn't mean a body was in it. All garbage is not evidence and the timely destruction of old data is a positive data privacy action.
Jim... the City doesn't "use" SMRLS. They are a private agency with their own board of directors.
JMONTOMEPPOF
Chuck Repke
Responding to your 10:57 post, Judges are paid by the state so I guess the judge should be 100% non biased (like they are supposed to be) when litigants sue the state which pays their salarys.
I have personally witnessed these biased judges in actions throwing out their buzz words and issuing rulings on behalf of the state when the law is clear to the contrary.
The only thing standing in the way of eliminating bias in our courts is judicial immunity and accountability for judges. The Judges have immunity and no accountability.
Ever hear the term "Collusion".
Its a violation of Minnesota Statutes. Look it up.
Jeff Matiatos
My 9:41 post was pointed in your direction Chuck.
Jeff Matiatos
Trouble Said
If your name is Dave Thune and protesting the RNC, his city employees look the other way.
They didn't pepper spray him or rough him up.
Jeff Matiatos said at 9:41 AM
Judges look the other way if it's one of their own.
City Employees include Police, fire, city Attorney's, but Judges are County.
That shows that covering any matter don't stand a chance, we have the dirt turning over for other dirt.
Their is "honor" among thieves.
RIGHT?
Come back Chuck.
Chuck would say "but Thune" wasn't causing trouble.
How many people were just standing around and was rough up, or sprayed in the eyes,no.... Tear gas, but pepper spray at point blank range.
Some people trust politicians, and others don't
Chuck said the city doesn't use SMRLS. But they receive city money, and are expected to be loathe to do their jobs providing fair representation for people mistreated by the city.
What is so sad in some of these comments is the entire belief that there is no honor or personal integrity on the planet.
All judges are corrupt, all city employees are corrupt, the system is corrupt, it is just sad that right wing talking heads have gotten people to believe that kind of crap.
First off folks there is a lot more money to be made in the private sector straight up than anyone would desire to get corruptly from public service. Do some do it? Sure, but it isn't the normal pattern. For every governor Blogo in Illinois there are countless other public servants who could have made a lot more dough as lobbyists then they ever made as legislators.
Most of the judges on the bench take a cut in pay to be a judge rather than to continue as a private attorney.
It isn't about the money, its about being able to be the person who judges the law. Its the power and the honor.
OK Bob or Jeff, another wager for your favorite charity... I'll bet that Norm Coleman is making more money today on a part time consulting gig than he was getting paid as a US Senator. And, you know what, he is working as hard as he can to get the unreliable position in the Senate back and would trade it easily for all of the money he could make in the private sector.
That is why all of these evil corruption out to make money by being in government service makes no sense.
Let's take another one... Tom Dashell wanted to quit his lobbying job to become Health and Human Service Sec. so that he could work to pass health care legislation. What stopped him was that it was discovered that he didn't pay income taxes on the chauffeured limo and driver he was getting on his lobbying gig. So, because he didn't pay $100,000 in income taxes he isn't going to be able to take the job that pays $250,000 and will have to go back to making 3 million a year with his chauffeured limo... that will teach him!!!!
Yup, they take those public offices to make money...right.
JMONTOMEPPOF
Chuck Repke
Alright Chuck, way to go, your spinning like a top again.
I can't even find it in my heart to say any thing foul to you because with you it's just halarious.
I brought up judicial corruption and your turned it into an issue about a judges pay ?
A judge will take a cut in pay only because they don't have the brains to do anything else in life.
Most of them spend all their carrer time in law school and in private practice, or working as a city or county attorney.
I never said (we never said) all judges were corrupt.
However in Ramsey County, there are a handful of Judges who have their noses so far up the states ass, its a wonder if they don't get sinus infections on a daily basis.
If Coleman were to agree with you that he wants to get an unreliable position back in the senate, thats not saying much for our senate, or Chris Coleman.
You would know though, your the Democrat and you know Chris Coleman.
Jeff Matiatos
Jeff - I said Norm Coleman... the Republican former US Senator, I am sure you heard of him...
My point Jeff is that it makes no sense to think that a judge has any obligation to do anything for the state. They get life time appointments, and no one runs against them for re-election.
They have no motive to support the state over the average Joe or Jeff.
JMONTOMEPPOF
Chuck Repke
Your right Chuck, I got the Republican go home, mixed up with Chris Coleman.
Still,only Supreme Court Justices get lifetime appointments.
District Court Judges run for their office or get appointed by the Governor.
Judges, other Judicial officers, County Attorneys, and City Attorneys are kind of like a family Chuck.
They all rely on each other for the courts to operate smoothly.
Once and awhile, a guy like me gets on their turf and they don't like what I bring.
I am speaking as a Pro-Se litigant with the ability to make any Government employee run and hide under rocks.
I know what the odds are going in so I do my best to make a record of the corruption and run up the tab.
I have been offered thousands of dollars to settle claim(s) against the state and turned I it down because I was able to get a District Court Judge to rule in my favor in the District Court arena.
You see, when a judge rules in your favor on claims like I had, you have to go with the judges ruling.
Turns out that the state won on appeal only because it had immunity from suit.
I see it as a victory.
Not all judges are corrupt and some just have attitudes and just want Pro-Se litigants off their calanders.
Alot of them can be a pain in the ass.
Let me tell you all about one Ramsey County Judge who I know from experience, let county employees escape discrimination charges because if he were to rule in favor of the county, that would have implicated others and he didn't want to open the can of worms into a full blown scandle.
In so many words, he even admitted it on record.
I guess you forget Chuck that back in Chicago in the 20s and 30s especially, Judges were boght and paid for all the time.
They wern't bought off by the state, but it proves they were corrupt.
Its no different today as a good friend of mine happened to be an attorney in Chicago during the 40s and 50s.
Many a time, he knew of judges wives who got real nice gifts. One judges wife even got a brand new car !
Jeff Matiatos
No new cars for these city officials, they're still driving around in Sharon's car.
Still,only Supreme Court Justices get lifetime appointments.
District Court Judges run for their office or get appointed by the Governor.
As you are with your understanding of the system, you are wrong here again. State Supreme Court Justices are appointed and then the run just like District court and the Appeals Court. Pawlenty just appointed his personal attorney and long time friend as Chief Justice, Eric Magnuson.
Federal judges (like the one who threw out the RICO case) are appointed by the President and are there for life or until Congress impeaches them.
I am speaking as a Pro-Se litigant with the ability to make any Government employee run and hide under rocks.
It shows.
Eric
I am so sorry to have confused you Eric. I mistakenly mis quoted a statement that Minnesota Supreme Court Justices get life time appointments when it is the U.S. Justices that do.
You are wrong about district court judges Eric.
They are elected and the governor only appoints them when one retires or is ill.
My reputation in the District Court is well known, and maybe not liked, but thats what I do and I do it better than most.
You could never understand that.
Jeff Matiatos
But before I get off this topic Eric, the truth is that most judges in Minnesota are appointed by the governor, but a smaller percentage of them are elected or challanged when they run as incumbents.
Jeff Matiatos
Jeff,
Before I went to work for Democratic candidates only, I knew no one here in Minnesota and could only work on suburban city council campaigns and - hold on to your mis-matched socks- Judicial races.
I am familiar with the retire into the term and therefore governor appoints to fill the remaining of the term game. I almost upset it twice in the same year.
I mostly worked the re-election campaigns- which at that time were completely different than political campaigns. Until recently when a republican named Greg Wersal got some cannons changed that allowed overt political activity and solicitation by judicial candidates.
I was pointing out that it didn't matter if you were talking about state or USSC. ALL federal judges including District Judges are appointed for life.
Unless the Constitution was changed and you're just so smart you're the only one who understands that.
Eric
Well, you forced me back on the question and my reply wasn't explained well enough for you.
Your talking about U.S.Supreme Court Justices and Federal District Court Justices.
I was talking about State/County Judges.
See the Minnesota Constitution Article VI Sec.7.
Case closed.
Jeff Matiatos
Have some patience with Eric Jeff, he's a slow learner.
Have to laugh at the poster child on this site a woman who was treated unfairly an who turned her life around. Not she still sells drugs, sells and buys stolen property
Jeff, you can pull the wool over most of these people here because they are just not that informed.
I know exactly what you wrote- and before you were called out you left it there. You then went and looked up the information I already provided. It makes you look like you were in the know all along.
In reality, you're pretty dumb yourself. First Norm/Chris Coleman, now the whole judicial thing.
Let me refresh your memory:
You wrote:
Still,only Supreme Court Justices get lifetime appointments.
District Court Judges run for their office or get appointed by the Governor.
Clearly, before I corrected you, you were talking about our state supreme court which is why you brought in the governor and district court judges.
Either way (state or federal) you are wrong.
At the three levels of court in the state, no one is appointed for life. At the federal level- district, appeals AND Supreme Court Justices are appointed for life.
Got any more spin? To not be a moron, just stop typing.
Eric
Eric, I know the Constitution as well as you do, or at least I think
you know a little about it since when YOU refered to it you didn't cite it. I did it for you.
Now you can't accept that you were burned, so you resort to a campaign of the sort to regain the credibility you can only dream of having here. None.
You didn't read that part of the Constitution did you that I cited ?
I didn't think so.
Your late, and like someone else said here, your a slow learner.
Where would you be without me.
Jeff Matiatos
factsBtold said...
Have to laugh at the poster child on this site a woman who was treated unfairly an who turned her life around. Not she still sells drugs, sells and buys stolen property
8:20 AM
My response;
Who are you talking about? A Democracy has no poster child. And how do you know whoever you are talking about is selling drugs and buying stolen property?
Now if you came here using your identity your statement would be more credible. As it stands now you want me to assume responsibility for your statement. I do not know these allegations to be true about any woman who has been talked about here or post here.
Listen Moron (Jeff),
I didn't cite the constitution because I QUOTED it! I'm not confused on it one bit.
Who didn't learn the basic structure of government in seventh grade? Obvious you.
I don't know if your ego has a problem accepting you are not better than the likes of me, knowing your personal views on people like me. Who gives a shit?
I've read enough here by you to understand why you're in the situation you're in and am pretty confident that reading the constitution is where it stops with you. Comprehending its application is a foreign concept to you.
You want to keep this going?
Without making anything up, I'll just go through your archives and show your ignorance with your own words. I'll do it anyway hen I come back from a drink.
Eric
And, if its credibility you think I seek here on this blog - you haven't been paying attention.
I get it though other avenues in my life that make what people here think about me, next to nothing. Its why I'm able to post it like it I see it and not care that most of the bloggers here are against me.
I've been right on the election and courts so far. That's my credibility.
Eric
Oh, you quoted article VI section
7 ?
Just what "QUOTE" from the Constitution did you post here ?
You haven't been right on the election or the courts at all !
The Constitution is where it stops with everyone Eric.
Unless of course your above the Constitution.
You just go right ahead and knock yourself out trying to point out whatever you want.
Seems like your really trying hard to prove YOUR self worth or credibility (what little you have)by attacking mine.
Thats OK because your right about one thing, I do have personal views of people like you so your personal attacks and attempts to discredit me are of no use or value to me.
Why not have 10 drinks ? It might do you some good.
Jeff Matiatos
Jeff said:
Seems like your really trying hard to prove YOUR self worth or credibility (what little you have)by attacking mine.
What Eric is really trying hard to prove is his manhood.
Eric, why don't you drown your head in a bucket of ice.
Take the swelling down!
Drown your head in a bucket of ice.
Good words for Eric.
I see Jeff has called reinforcements from his moron brigade.
You haven't been right on the election or the courts at all !
I was right that the council elections were not going to change over. People on here promised and threatened all year in 2007 that the people were going to over turn the council. The council became even more progressive.
I also said the Democrats would expand their majorities in the state legislature, Congress and take the White House. Most people on here promised otherwise. Again, I was right. You may go through the archives and enlighten yourself.
In the beginning I doubted this RICO case and predicted it would be a loser. They have lost. It is over. Its done.
You have made several statements ranging from the courts to casinos that show me you don't have a clue about the constitution. Oh, you can read it but you really don't understand it.
Thats OK because your right about one thing, I do have personal views of people like you so your personal attacks and attempts to discredit me are of no use or value to me.
I'll let you know when I care what a hypocritical,lazy, unemployed, government-dependent, sorry ass excuse for a man thinks. Today, I just don't care.
Eric
Hypocritical,lazy,unemployed,
government dependent sounds like millions of people that look like you !
Just Eric failing to prove his point, and then he accuses everyone else of being a morin.
1:21
That would be 'moron', moron. LOL.
10:31
Blah, blah, blah. Even the racist comments are getting old.
Jeff, you still MIA? I know you're not at work.
Eric
Your right, I am up at Billys on grand !
WOW, guy's maybe we should slug it out in the Backyard.
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