SMOKING GUN 1214: NEW DATA - CITY’S QUESTIONABLE TIMELINES

WALLS OF SILENCE

SMOKING GUN 1214: CITY’S QUESTIONABLE TIMELINES

 

Update: December 14, 2024 Rick Newmann hung a retaliatory eviction notice on my door. In the notice, he issues 15-Days to comply. Again, I truly do not believe that the city was required to extend a 30-day window “prior” to inspection of the property. I was never given the police report requested on August 20, 2024 a month prior to inspection. I still haven’t been given any official documentation or been informed as to where I can collect it. However, the property was alerted by the city to contact a exterminator right away a month ahead of inspection.

It’s been over 120 days without a repair attempt. On November 14, 2024 city inspector Steve Carson admitted on video they told Klyberg to make repairs two months prior on September 20, 2024. Yet, despite no compliance there is no indication of corrective action taken by the city.

Minnesota fails to protect Soulaani citizens. In my heart, until I see otherwise, I believe they tried to cover-up the property conditions before a negative report could be entered into official record—despite the harm and debt to the rent paying tenants.

A coverup would fit the theme of Minnesota. How many will I have to expose before external officials respond to make me whole for these attacks delivered by way of altering policies “unofficially” in official capacity based on my demographic information?

Injuries don’t heal themselves. Damages don’t repair themselves. Time is not replaceable.   

Your legal rights in this situation, based on the details you provided, may include protections under federal, state, and local laws related to landlord-tenant relationships, housing discrimination, retaliation, and access to records. Here’s an overview:

Subpart 1. Protection Against Retaliatory Eviction

Under Minnesota law (Minn. Stat. § 504B.285), landlords cannot evict tenants as retaliation for exercising legal rights, such as reporting code violations or unsafe conditions. The 15-day compliance notice you received may constitute retaliation, which could be illegal. You can raise this as a defense in an eviction proceeding.

Subpart 2. Right to Repairs and Habitability

Minnesota law requires landlords to maintain rental properties in a habitable condition (Minn. Stat. § 504B.161). This includes:

• Providing extermination services for infestations.
• Making necessary repairs within a reasonable time after notice.
• Keeping the property safe and livable.

If the landlord fails to address these issues, tenants can:

• File a rent escrow action in court.
• Seek an abatement of rent until the repairs are made.
• Request a court order to enforce the landlord's obligations.

Subpart 3. Right to Access Inspection Records

Under Minnesota Data Practices Act (Minn. Stat. § 13.01), you have the right to access government records, including police reports and city inspection findings. The failure to provide these records could be a violation of your rights.

• Contact the city’s records department in writing, citing the Minnesota Data Practices Act, to formally request the documents.
• If denied, you can file a complaint with the Minnesota Department of Administration.

Subpart 4. Potential Housing Discrimination

Your statement about demographic-based treatment suggests possible discrimination, which is prohibited under:

• The Fair Housing Act (42 U.S.C. § 3601).
• Minnesota’s Human Rights Act (Minn. Stat. § 363A.09).

Discrimination may include altering policies, delaying repairs, or retaliating based on your race, ethnicity, or other protected status. You can file a complaint with:

• The Minnesota Department of Human Rights.
• The U.S. Department of Housing and Urban Development (HUD).

Subpart 5. Escalating to External Authorities

If local systems fail, external entities like the HUD, the Department of Justice, or state attorney general’s office can be avenues for accountability. Document all instances of non-compliance, retaliation, and harm to support your case.

Subpart 6. Remedies for Harm

You may seek compensation for:

• Damages: Cost of temporary housing, medical expenses, or personal property damage caused by uninhabitable conditions.
• Emotional Distress: Compensation for mental anguish due to ongoing harassment and unsafe living conditions.
• Injunctive Relief: A court order to enforce compliance or prevent further retaliation.

Subpart 7. File a Formal Complaint Against the City

Civil Rights Complaint

• Submit a complaint to the U.S. Department of Housing and Urban Development (HUD) or the Minnesota Department of Human Rights if you believe the city engaged in or enabled discriminatory practices.
• Cite violations of the Fair Housing Act or Minnesota Human Rights Act if demographic bias contributed to their actions or inaction.

Code Enforcement Complaint

• File a formal grievance with the city's housing or code enforcement department, documenting their failure to enforce housing standards.
• Request an investigation into the actions of specific officials (e.g., Inspector Carson) who you believe acted improperly.

Subpart 8. Pursue a Civil Rights Lawsuit

Under federal law (42 U.S.C. § 1983), you may sue government officials or entities if their actions deprived you of your constitutional or civil rights, including:

• Equal Protection Violation: If city officials treated you differently due to race, ethnicity, or other protected status.
• Due Process Violation: If city actions or inactions denied your right to safe housing or retaliated against you unfairly.

To proceed with this, you’d need:

• Clear documentation of the city’s actions or omissions that harmed you.
• Evidence of discriminatory treatment, retaliation, or complicity with your landlord’s misconduct.

Subpart 9. Challenge Administrative Decisions

If the city made improper administrative decisions (e.g., delaying inspections, withholding records, or enabling retaliation), you can:

• Appeal through the city’s administrative review processes.
• File a petition in state court challenging their actions under Minnesota Administrative Procedure Act or related laws.

Subpart 10. Submit a Government Data Practices Act Complaint

If the city withheld inspection reports, police reports, or other public records:

• File a complaint under the Minnesota Government Data Practices Act with the Minnesota Department of Administration.
• Seek penalties for violations of transparency and access laws.

Subpart 11. Pursue a Negligence or Malfeasance Claim

If city officials acted negligently or engaged in misconduct, you may file a lawsuit alleging:

• Negligence: Failure to enforce housing standards or protect tenants from harm.
• Malfeasance: Intentional wrongdoing, such as covering up violations or enabling the landlord’s misconduct.

Minnesota law generally requires you to file a notice of claim within a specified timeframe before suing a municipality. Work with an attorney to ensure compliance with procedural requirements.

Subpart 12. Report to Oversight and Advocacy Groups

• State Auditor or Attorney General: Request an investigation into city actions for potential corruption or misconduct.
• Civil Rights Organizations: Groups like the ACLU, NAACP, or housing advocacy organizations can amplify your case and push for reforms.

Subpart 13. Publicize the Issue

If systemic complicity is at play, public pressure can force accountability:

• Continue using your exposé and website to document the city’s actions.
• Share evidence with journalists or housing rights advocates to raise awareness of broader systemic issues.

Subpart 14. Consider Filing a Federal Complaint

If the city’s actions involve systemic violations, you may escalate the case to:

• The U.S. Department of Justice (DOJ): If you believe there’s a pattern of civil rights violations.
• Office of Inspector General (OIG): For investigations into potential corruption or misuse of federal housing funds.

 

Next Steps

1.      Gather Evidence: Collect documentation of city delays, discriminatory actions, and complicity, including correspondence, photos, and videos. Maintain a timeline, emails, photos, and videos of the property and interactions.

2.      Contact Legal Aid: Seek free or low-cost legal assistance through organizations like HOME Line or Legal Aid Society of Minneapolis.

3.      File Complaints: Depending on your goals, pursue administrative, state, or federal actions. Submit formal complaints to housing authorities or discrimination agencies.

4.      Consult an Attorney: Work with a lawyer experienced in housing law, civil rights, or municipal liability. Consider suing for negligence, retaliation, or discrimination if the situation persists. They can help you evaluate the best course of action and navigate legal procedures.