Governor of Louisiana, John Bel Edwards
CDC Chairman
Attorney General of Louisiana
State Director of Emergency Management
Office of the Superintendent State Police
Chief of Police
Re: Illegal Eviction
Dear Attorney General
___ and _____,
My name is _____________.
I write to seek your assistance in addressing the growing problem of property owners and / or their agents conducting illegal evictions.
This practice is unlawful and problematic at any time, but has even more significant economic and public health consequences during the current state of emergency.
I believe that educating police departments and their personnel about law enforcement legal duty to protect tenants from illegal evictions would go a long way towards curbing this unlawful practice.
Although tenants are currently protected, except in certain circumstances, from physical removal from their homes under Governor Edwards' Executive Order, many landlords are increasingly resorting to “self-help” eviction, through illegal lockouts and / or tenant utility shut-off.
I have not yet retained, although I have spoken to, legal counsel.
I have also, through social media and direct contact with the parties responsible for these offenses, been unsuccessful in receiving any response whatsoever from either management, executive corporate officers, nor from that one of four major Hotel Chains in the world, Wyndham Hotels Corporate office.
I therefore have no other choice, and with this initial email to you gentlemen and ladies, I am inaugurating the process of contacting state, local, legal, advocacy groups for myself, as to provide a necessary service to the displaced and disenfranchised members of the public who may be less fortunate than myself, and who may require more immediate assistance regarding the defying of eviction moratorea, as well as, help for those like myself whose unlawful eviction has already occurred, where I find myself one month later writing you from a new hotel adjacent to the one from which I was unceremoniously forced out (no explanation, no court order, no writ, no advance notice, no infraction or incident report or complaint, fully paid in advance, a resident of this resident hotel for the past 10 months).
I also write to you for investigation as to the current disposition of LA law in my efforts to seek reinstatement into my legal domicile and to be made whole as to the immense financial and emotional and mental strain and hardship this abrupt action has caused to me and my family.
Just as importantly, I think it should be an imperative for those affected to immediately contact their local police department when this happens, so that they may retain access to their homes, or regain them.
Without public, police, landlord, residents, managerial, education provided as to the current status and definitions of the groups and sub-groups which exist, made clear, for similar but differentiated applications of the law applying, making it difficult to navigate without cohesive knowledge and contextual enforcement -- hopefully clearing up limited awareness.
sadly, some attempt to defy the law through illegal action -- as was done in my eviction, which because of its timing during the Holiday break, which conveniently found its guests unaware and unprepared to defend themselves against the rogue action to which I found myself subjected, by any staff member whose decision there was no one to countermand, or appeal, as perpetrated against me, whose protection I was entitled to, and am still entitled, as provided and assured under current applicable orders, recently extended by POTUS and Director of CDC, LA Governor John Bel Edwards, specifically regarding BRPD December 27, 2020 assisted "self-help" eviction, enacted by agents of Baton Rouge, Corporate Blvd., Richmond Inn & Suites, with 'special circumstances' providing false report to BRPD (Hotel maintenance staffer, Mike's report).
Then providing enhanced legal training to eliminate questions of procedural, legal authority, which should have presented as red flags or call to investigate, to protect me from that which was ultimately affected (something which a police officer should have been aware) -- Presidential mandate signed into law March 2020 -- renewed this year which protects a 10-month residential hotel guest (this is what I am considered by law -- with no other place or dwelling to live) from unlawful, corrupt brinksmanship, which smacked of all rigged things.
I contend, even at Christmas during COVID-19, Richmond Inn & Suites agent, Mike, without paperwork or explanation strong-armed me with threat of arrest (a janitor and a maid), to quit my home (not 'quit or pay' -- more like, 'quit or else'), during the official declaration of a State of Emergency, on order to stay off the streets by CDC, to minimize contact, in order to ensure the protection of the population -- to which the pandemic, only yesterday presented to Louisiana 2,500 new cases, but which the opportunistic shot-caller, now gone rogue from public dissing, General Manager Trudi Veals, and her three-titled Soldier / muscle / Patsy, Mike, either acting autonomously and recklessly, and under no authority from anyone at Richmond Suites, or the other scenario, which sees him more likely being ordered to carry out that which he did by Trudi Veals, GM, as far as I know, the only person with exception of the one person who was not called for exactly the reason that he was the only authority above Trudi Veals, whose authority in this matter was, in fact, not absolute, as stipulated under those rules in the Employee Rulebook and code of Employee Conduct, but which one scenario or the other leaves her liability absolute, as GM, over a rogue employee, who if that be the case, should be arrested immediately for criminally negligent forcible false representation and criminal trespass and conspiracy.
But whether by that scenario, or by the one which Trudi is giving him the order, or by one which it is not my responsibility as aggrieved displaced legal guest of a major hotel chain, who as of the 34th day since my eviction has been all but completely ignored and left to my own devices as to exactly how and where to proceed against three major corporations, including one hotel whose ejected me, and the others above it who either through disavowal of such an untenable nature have abandoned it as to this situation, or are themselves acting though advice by not responding until I am forced to file officiall through the court the proper paperwork through an attorney, something which apparently is an unknown quantam concept as to the method in which they carry out their own particular lawlessly applied self-help, DIY, evictions by Janitor and Maid.
So there stood Mike at my door, No Feliz Navidad and nervous at first, then slowly inflated, he informed me as if I might have known, looking around checking this unchecked posse of joyless, grabbing shams, knee breaking teaching moments, trying to get home, couldn't care less, he decided like Dickens' to throw me a bone -- and with that, tiny tim got handed a three hour window to get shit and leave, long enough to not make him miss what came on TV -- this bullshit was keeping him from, I suspect, though he hedged his bet, upon hearing my response, he must have enjoyed hearing, me stipulate my intent to contact SMC Hotel Group, VP of Operations, John Holmstrom (unsuccessful), which made him smarten up, and after tying the shit up in a bow before giving, his chess game only went ahead by two moves, he sacrificed his queen from tomorrow at noon, to the checkmate which remains to be seen, with a clumsy double tap insurance and one less sided story to hear, his rotten-cored brazen thrift store dealmaking was over, he cut it in half, and then again, until he proffered with threatening command all unwieldy implied, his authority he mustered, checked his backup BRPD Po Po, just stood by and nodded, he blurted it out, surprising himself in its slumlord timeframe, me to vacate in three hours from now, he haughtily proclaimed -- out of my 'home,' or we'll do it for you.
With last-minute scramble and transportation from my 83-year-old mother, whose health he had also needlessly, recklessly compromised (this sub-managerial, self-professed Marshall, representing SMC Hotel Group, and ultimately Wyndham Hotel, and their Trademark Collection's ownership).
After three hours had elapsed, I am positive he returned, had a celebratory dance, possibly with the GM, from his successful gambit to obtain for her, my eviction, something she had been obsessively trying to accomplish, and had already, once before, been denied, by her boss only months after my check-in.
I may have quit the premises, but I will never quit my pursuit of his and his General Manager's displacement for personal motives, criminally or civilly, they did set out for a year to deprive me my civil rights, and finally did, as today makes one month since for unknown motive: endemic anti-white racism, retribution, or personal venom, or was there more to the unwillingness to fire Faith and her risky move to face her own termination should she be caught in her dealing with Front Desk, Faith, who had to be fired, but she refused -- a quarter century of toil to come down to this.
in case your last check-ins wonder how they'll recognize you, you are most easily recognized by your petty, small, unoriginal, and easily discovered crimes of no motive, whose quality and demeanor in their enacting are quaintly like the corporate doubles, who are required for their own Damage Control, a cowardice in their refusal to talk, or acknowledge emails, social media -- it is hard to defend something which can't be defended, I understand.
So they roll the dice, hopeful it goes away, by sticking their heads in the sand, assuring two eventualities, one more severe its ending.
I'll start by asking right here, to all agencies under whose aegis more than a few shameless crimes are committed during a disaster, althgough it seemed Katrina would have finished off the century, instead, death and tragedy, moblike, base instincts, play out whose winning is in the eye of equal plaguetime black gallows, 'Ring Around the Rosy,' played by a cast of Corporate Raiders, bottom-tier Hoteliers whose chain begins at Marriot and, if included, at all, ends with the Wyndham, which gets for reasons perfectly illustrated by its Guest Services 'Two Thumbs Down.'
for a steal. Sincerely,
__________________________________
Tenant Signature
HOTELS, MOTELS, GUEST HOMES
WHEREAS, on March 9, 2020, through Executive Order No. 103, the facts and circumstances of which are adopted by reference herein, and a State of Emergency throughout the State due to the public health hazard posed by Coronavirus disease 2019 (COVID-19); and
WHEREAS, to further protect the health, safety, and welfare of residents by, among other things, reducing the rate of community spread of COVID-19, the Governor issued Executive Order (2020) on March 21, 2020, the facts and circumstances of which are adopted by reference herein, which established enhanced social mitigation strategies for combatting COVID-19; and
WHEREAS, the Governor issued Executive Order (2020) on March 21, 2020, the facts and circumstances of which are adopted by reference herein,
finding that unitary management is essential for coordination needed during an emergency, and invalidating any county or municipal restriction imposed in response to COVID-19 that in any way will or might conflict with any of the provisions of
Executive Order, or that in any way will or might in any way interfere
with or impede its achievement or the achievement of Administrative Orders issued as authorized by the Governor’s Executive Orders;
Retaliation
Retaliation against a person who files a complaint or participates in an investigation is prohibited by law.
Please notify the investigator if, during or after an investigation, you believe that you or someone else has been retaliated against for participating in investigation.
Residential Evictions: What Tenants Need To Know - UPDATED January 2020
The state order permits a hotel or motel to evict a “transient guest or seasonal tenant.” Longtime hotel and motel residents, along with many others, are not considered “transient” or “seasonal,” however, and therefore remain protected from eviction under the Order.
In general, residents cannot be evicted if they “have no permanent housing to which they may safely or lawfully return and live at a hotel or motel on a continual basis.” Under Administrative Orders
2020-08 and 2020-09 (issued by the State Director of Emergency Management on April 4 and April 24, 2020), the following hotel and motel residents are generally protected from eviction:
those who are part of state initiatives aimed at getting people out of group shelters;
those supported by a governmental housing assistance program;
health-care workers who need a temporary place to stay;
homeless people;
individuals affected by domestic violence; and
those staying in hotels or motels in compliance with a court order.
What if my landlord locks me out illegally?
It is a crime for your landlord to lock you out, only the courts can order evictions, and only government officials can remove you from your home.
If your landlord locks you out, call the local police. They are required to help you get back into your home.
If they tell you this is a “civil” matter that doesn’t involve them, ask them to look at this statute: N.J.S.A. 2C:33-11.1.
2C:33-11.1 Certain actions relevant to evictions, disorderly persons offense.
3. a.
A person commits a disorderly persons offense
if, after being warned by a law enforcement or other public official of the illegality of that action, the person
(1) takes possession of residential real property or effectuates a forcible entry or detainer of residential real property without lawful execution of a warrant for possession in accordance with the provisions of
section 2 of P.L.1974, c.47 (C.2A:42-10.16)
or without the consent of the occupant solely in possession of the residential real property; or
(2) refuses to restore immediately to exclusive possession and occupancy any such occupant so displaced.
Legal occupants unlawfully displaced shall be entitled without delay to reenter and reoccupy the premises, and shall not be considered trespassers or chargeable with any offense, provided that a law enforcement officer is present at the time of reentry.
It shall be the duty of such officer to prevent the landlord or any other persons from obstructing or hindering the reentry and reoccupancy of the dwelling by the displaced occupant.
As used in this section, "forcible entry and detainer" means to enter upon or into any real property and detain and hold that property by:
(1)any kind of violence including threatening to kill or injure the party in possession;
(2)
words, circumstances or actions which have a clear intention to incite fear or apprehension or danger in the party in possession;
(3)putting outside of the residential premises the personal effects or furniture of the party in possession;
(4)
entering peaceably and then, by force or threats, turning the party out of possession;
(5)padlocking or otherwise changing locks to the property;
(6)shutting off, or causing to be shut off, vital services such as, but not limited to, heat, electricity or water, in an effort to regain possession; or by
(7)
any means other than compliance with lawful eviction procedures pursuant to section 2 of P.L.1974, c.47 (C.2A:42-10.16), as established through possession of a lawfully prepared and valid "Execution of Warrant." A person who is convicted of an offense under this section is guilty of a crime of the fourth degree.
L.2005,c.319,s.3.
What is CDC’s legal authority for issuing this Order?
CDC issued the original Order under the authority of section 361 of the Public Health Service Act (42 U.S.C. §264) and federal regulations codified at 42 C.F.R. § 70.2. Under 42 U.S.C. § 264, the HHS Secretary is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between U.S. states and U.S. territories. The authority for carrying out these functions has been delegated to the CDC Director. Under long-standing legal authority found at 42 C.F.R. § 70.2, the CDC Director can take public health measures to prevent the interstate spread of communicable diseases in the event of inadequate local control.On December 27, 2020, the Consolidated Appropriations Act, 2021 extended CDC's Order until January 31, 2021.
Why did CDC issue this Order?
CDC issued this Order because evictions threaten to increase the spread of COVID-19. During a pandemic, calling a temporary halt to evictions can be an effective public health measure to prevent the spread of disease. A temporary halt of evictions can help people who get sick or who are at risk for severe illness from COVID-19 protect themselves and others by staying in one place to quarantine.These orders also allow state and local authorities to more easily implement stay-at-home and social distancing measures to lessen the community spread of COVID-19. Housing stability helps protect public health because homelessness increases the likelihood that people may move into close quarters in homeless shelters or other settings. These crowded places put people at higher risk of getting COVID-19. People who are homeless and not in a shelter also have increased risk of severe illness from COVID-19.
“Eviction” means any action by a landlord, owner of a residential property, ... not apply to hotel rooms, motel rooms, or other guest house rented to a ...
7Yes.
The effective date of the CDC Order is September 4, 2020.
That means that any evictions for nonpayment of rent that may have been initiated before September 4, 2020, and have yet to be completed, will be subject to the Order.
Any tenant who qualifies as a “Covered Person” and is still present in a rental unit is entitled to protections under the Order.
Any eviction that occurred before September 4, 2020, is not subject to the Order.
What are the penalties for a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action violating this Order?
Several laws ( 18 U.S.C. §§ 3559 and 3571, 42 U.S.C. § 271, and 42 C.F.R. § 70.18) say that a person who violates the Order may be subject to a fine of no more than $100,000 or one year in jail, or both, if the violation does not result in death.
A person violating the Order may be subject to a fine of no more than$250,000 or one year in jail, or both, if the violation results in a death or as otherwise provided by law.
An organization violating the Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or a provided by law. These are criminal penalties and are determined by a court of law. CDC has no involvement
