Consumer Financial Protection Bureau Acting Director Dave Uejio and Federal Trade Commission Acting Chairwoman Rebecca Slaughter issued a joint statement regarding their agencies’ work to help stop illegal evictions and protect American consumers facing economic hardship due to COVID-19.
Today, the Centers for Disease Control and Prevention announced an extension of its moratorium on residential evictions to keep people in their homes, out of shelters, and to stop the spread of COVID-19. Renters have struggled to exercise their rights under the CDC’s eviction moratorium, and news reports indicate many renters have been forced out of their homes despite federal protections.Keeping Consumers Informed of their Rights
The CFPB and FTC are working with CDC to make renters aware of their rights under the eviction moratorium and to help them to understand how to complete declarations needed to stop evictions.
President Joseph R. Biden designated Rebecca Kelly Slaughter as Acting Chair of the Federal Trade Commission. Slaughter has served as a Commissioner since May 2018.
Consumer Financial Protection Bureau (CFPB)
Acting Director Dave Uejio & FTC Chrwmn. Rebecca Slaughter issued a joint statement asserting their dominion over lessors, who despite the instantiation of Eviction Moratoria, have seen widespread abuse and defiance in so-called DIY / self-help, unlawful, forcible evictions.
Their departments, the statement makes clear, will be actively monitoring these abrogations of defiance in an ongoing effort to stop the dangerous practice by multi-property landlords and applicable innkeepers during the newly extended period in which CDC and POTUS signed April 2, 2021, which keeps in effect the mandate for #evictionmoratorium.
Their statement goes so far as to issuing a "warning" to would-be opportunistic innkeepers / landlords, making clear the scope of their investigatory and prosecution power whose purview the respective departments encompass, each sworn to enforcement, including: those who despite the order, continue to defy the Federal, CDC, POTUS extension Act, which maintains the assertion of the CDC, with corroboration of myriad scientific, statistical, and medical organizations and official Government Departments, as to outcome scenarios, find no reason to safely abandon its efforts as one of the best thus far of many proven methods whose common sense necessitates prevention of the spread of COVID-19, continuing to making illegal, the mass eviction and its outcome of homelessness, and the inevitability those displaced and relocated, exposing them and those to whom they are forced to cohabitation in close quarters, likely, family, friends, or shelters (before the outcome of mass vaccination can be studied this is the single best preventative realistic measure known), preventing an unnecessary risk, endangering the health of both tenant and landlord, as well as every citizen, through the very clearly stated outlining of the punishment for those who continue to ignore its seriousness.
Federal fines ranging from $100,000 (tenant lives) to $250,000 (displaced tenant dies), provide concrete, real incentive to discontinue contravention:
Their statement reads:
"Evicting tenants in violation of the CDC, state, or local moratoria, or threatening to evict them without apprising them of their legal rights under such moratoria, may violate prohibitions against 'deceptive and unfair practices,' including under the 'Fair Debt Collection Practices Act' and the 'Federal Trade Commission Act."
Going on to warn, reminiscent of DMX:
"We will not tolerate illegal practices that displace families and expose them—and by extension all of us—to grave health risks.”
AS THIS IS THE 100th day since my Illegal eviction from Richmond Inn & Suites, Wyndham Trademark Collection Hotels of Baton Rouge, Louisiana, I was inspired to update and recount my experience of these last traumatic three months, where I continue to be met with silence, showing a privileged lawyered-up Executive Corporate group with self-preservation on their minds and nothing more besides profiteering, whose hiding is borne out of the indefensible actions this statement necessitates and to exactly those whose navigating around it for their unsavory, greedy, and craven profit motives, those whose inability to regulate themselves makes this Act and its enforcement / warning entirely necessary.
The offense against me was committed, even more stealthily from an ongoing retaliation by GM Trudi Veals, and opportunistically carried out with something like detached personal enmity by her janitor / enforcer (whose rogue actions now look anything but).Prosecution to protect against and punish accordingly these predatory actions, including his criminal false reporting in successfully enlisting BRPD as accomplice, December 27 2020, during the height of Pandemic Staging, but more outrageously, during the very well known institution by Governor John Bel Edwards of POTUS 44 signed, CDC created, passed ACT.
A HOTEL JANITOR named MIKE.
I was paid in full, in advance, and had been for the 10 months in which this had been my primary residence.
This illegal contrivance was in retaliation by GM Trudi Thompson-Veals for the ego-shattering censure of her by her superiors at the corporate offices of SMC Hotels Group, specifically John Holmstrom, VP of Operations, whose intervention I had received with help of a former employee of his, whose employment at the same hotel, I had booked for my accommodations in February 2020 she had referred, and whose shock upon hearing what I attempted to explain had been nothing less than a cultivated, vehement, endemic culture of anti-white racism (through her authority and position as sole GM of 25 years), in my case, demonstrated by the manufacturing of bizarre and impossible dressing downs and patronizing interactions, as well as serious financial gaffs of twice being overcharged or charged too late for monthly rental, combined with a freeze out campaign through her poisoning of staff against me, as trickle-down retaliation to accomplish which is know by the legal community as
"Constructive Eviction."
"... occurs when a landlord does not physically or legally evict a tenant, but takes actions that interfere with the tenant's use and enjoyment of the premises significantly. Constructive eviction can occur as a result of the landlord's breach of the implied covenant of quiet enjoyment if
(1) the landlord substantially interferes with the tenant's use and enjoyment of the premises by his actions or failure to act to resolve a problem;
(2) the tenant gives the landlord notice of the problem and the landlord fails to respond and resolve the problem; and
(3) the tenant vacates the premises in a reasonable amount of time after the landlord fails to resolve the problem."
When this did not work, she called me to ramp it up one morning, on the house phone, and said,
'Since we don't seem to be able to do anything here to make you happy, I've arranged for your check-out at noon tomorrow.'
This bombshell was what it took for me to finally call former employee who had referred me to ask her advice, and from whose prompt call led me to my first grateful experience with John Holmstrom VP of SMC Hotels Group Investment.
After both my advocate and I had explained to John what this was about, he took the extremely unusual action of countermanding Trudi Veals and her desperate compulsivity to rid herself of any and all long-term residential guests whose eyes on her, witnessing her day-to-day machinations and abuses, of which one was a side-business of fabricating unnecessary security charges at $250 a pop, which I barely avoided for giving a support dog some water for five minutes one day, and in the period of a week, she pulled it unaware of my friendship with two separate friends, who luckily had their credit card companies and banks investigate, and were respectively both issued a full charge-back.
Faith (Front Desk), whose unfortunate, self-confessed bipolar disorder, exacerbated by her refusal to take meds -- except for diverted Adderall, which worsened her bizarre manic events directed at me, and which Trudi even possibly encouraged, not disciplining her -- even after the third occasion of my being kicked out of the Lobby of the hotel -- this time while trying to do something outrageous, like buy a Coke.
She was fired.
Trudi refused, and John Holmstrom had to travel down to do it.
She had become burnt out.
A GM REPRIMANDED BY HER SUPERIOR FOR A CONFLATED, NO-CAUSE EVICTION ATTEMPT AS PERSONAL RETALIATION TO A RECENT LONG-TERM TENANT.
THE QUARTER CENTURY OF LONGEVITY AS GM, STAKES HER CAREER AND REPUTATION, ONE EMPLOYEE ALREADY FIRED, AND IS DENIED!
IN FAVOR OF THE TENANT SHE FAILED TO SET UP.
After that, it was all over for me.
She trebled her determination.
BUT it took until Christmas which with it brought the perfect time for grifters like she and Mike, a time when the impossibility I would have to contact anyone to intervene for me again, in combination with her absence, made this ripe for the caper.
Thanks.
If you can help, please do so.
Sincerely,
Doug Meet
consumerfinance.gov | ftc.gov March 29, 2021
CFPB Acting Director Dave Uejio
and FTC
Acting Chairwoman Rebecca Slaughter:
In the ongoing economic and public health crisis, millions of American families are at risk of losing their homes.
A recent CFPB report found that renters are particularly endangered, with over 8.8 million tenants behind on rent. These tenants at risk of homelessness are disproportionately people of color, primarily Black and Hispanic families. Federal, state, and local governments have put in place protections against evictions to keep people in their homes and to stop the spread of COVID-19.
Research has shown that eviction moratoriums save lives. Today, the Centers for Disease Control and Prevention extended the federal moratorium on evictions by three months. Unfortunately, there are reports that major multistate landlords are forcing people out of their homes despite the government prohibitions or before tenants are aware of their rights.
Depriving tenants of their rights is unacceptable. Many of the tenants at risk of eviction are older Americans and people of color, who already experience heightened risks from COVID-19.
Staff at both agencies will be monitoring and investigating eviction practices, particularly by major multistate landlords, eviction management services, and private equity firms, to ensure that they are complying with the law.
Evicting tenants in violation of the CDC, state, or local moratoria, or evicting or threatening to evict them without apprising them of their legal rights under such moratoria, may violate prohibitions against deceptive and unfair practices, including under the Fair Debt Collection Practices Act and the Federal Trade Commission Act.
We will not tolerate illegal practices that displace families and expose them—and by extension all of us—to grave health risks.
@WyndhamHotels "You can no longer send messages to this person. Learn more" -- third time you almost reached out. what kind of fuckupsdothis? https://t.co/Txk6ksBVux pic.twitter.com/UVHvJ51EAA
— mrjyn (@mrjyn)
Staff at both agencies will be monitoring and investigating eviction practices, particularly by major multistate landlords, eviction management services, and private equity firms, to ensure that they are complying with the law.
Evicting tenants in violation of the CDC, state, or local moratoria, or evicting or threatening to evict them without apprising them of their legal rights under such moratoria, may violate prohibitions against deceptive and unfair practices, including under the Fair Debt Collection Practices Act and the Federal Trade Commission Act. We will not tolerate illegal practices that displace families and expose them—and by extension all of us—to grave health risks.”
The COVID-19 pandemic has created a financial crisis that threatens the ability of millions to stay in their homes. Renters and homeowners experiencing pandemic-related unemployment or wage reduction are struggling to make monthly payments. A recent CFPB report found that over 11 million families are behind on their rent or mortgage payments: 2.1 million families are behind at least three months on mortgage payments, while 8.8 million are behind on rent.
Acadiana Legal Service Corporation and Southeast Louisiana Legal Services provide free legal assistance to those that qualify - typically at or below 125% of the Federal Poverty Guidelines. Please do not visit legal service providers in person during this time. Due to the virus, all organizations are encouraging people to contact them over the telephone, or by applying for services online.
SLLS has a COVID-19 Hotline you can access by calling 844-244-7871.
If you don't qualify for free legal services, you may qualify for the Modest Means Directory. You may also be able to submit a question and get legal advice online through the Louisiana Free Legal Answers program.
If your income is still too high for the Modest Means Directory or Louisiana Free Legal Answers, you'll need to find a private attorney through the Louisiana State Bar Association.
Constructive Eviction
Occurs when a landlord does not physically or legally evict a tenant, but takes actions that interfere with the tenant's use and enjoyment of the premises significantly. Constructive eviction can occur as a result of the landlord's breach of the implied covenant of quiet enjoyment if (1) the landlord substantially interferes with the tenant's use and enjoyment of the premises by his actions or failure to act to resolve a problem; (2) the tenant gives the landlord notice of the problem and the landlord fails to respond and resolve the problem; and (3) the tenant vacates the premises in a reasonable amount of time after the landlord fails to resolve the problem.
§6--OF THE PRIVILEGE OF THE INNKEEPER ON THE
EFFECTS OF THE TRAVELER
Art. 3232. Innkeepers, definition.
Those are called innkeepers, who keep a tavern or hotel, and make a business of lodging travelers.
SUBSECTION 2. WARRANTY OF PEACEFUL POSSESSION
Art. 2700. Warranty of peaceful possession
The lessor warrants the lessee's peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing.
In a residential lease, this warranty encompasses a disturbance caused by a person who, with the lessor's consent, has access to the thing or occupies adjacent property belonging to the lessor.
Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
§6--OF THE PRIVILEGE OF THE INNKEEPER ON THE
EFFECTS OF THE TRAVELER
Art. 3232. Innkeepers, definition.
Those are called innkeepers, who keep a tavern or hotel, and make a business of lodging travelers.
Art. 3219. Method of enforcement of lessor's privilege
The privilege of the lessor and the manner in which it is enforced against the property subject to it are described in the Title "Lease".
Acts 2004, No. 821, §2, eff. Jan. 1, 2005.
BOOK I.
OF PERSONS
TITLE I. NATURAL AND JURIDICAL PERSONS
Art. 24. Kinds of persons
There are two kinds of persons: natural persons and juridical persons.
A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members.
Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
§101. Definitions [formerly paragraph 15:001]
A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the sanitary code and all other Parts which are adopted or may be adopted are defined for the purpose thereof as follows.
Boarding House-a building or group of buildings where persons are supplied with, and charged for, sleeping accommodations and meals for fixed periods of time.
Hotel-a building where transient guests are usually received without stipulated engagement as to the duration of their stay and are supplied with, and charged for, lodging or meals or both, and such services and attention as are necessarily incident to the use of such places as a temporary abode. This definition includes motels.
Lodging House-a building or group of buildings where persons are supplied with, and charged for, sleeping accommodations but not meals.
Proprietor-a person as defined in Part I, who owns or operates a hotel, lodging house or boarding house.
You can sue your landlord for money as part of your eviction case if your claims are related to your tenancy. These claims are called counterclaims if you raise them during an eviction case. They are claims for money. Here are some common counterclaims that tenants can bring against landlords in eviction cases:
Breach of the Warranty of Habitability.
Interference with the Covenant of Quiet Enjoyment: if your landlord interferes with your use and enjoyment of your apartment or your utilities, you may sue her for money damages in the following situations: If your landlord is required to provide utilities or other services and she intentionally fails to provide them,
If your landlord is required to provide utilities or other services and she directly or indirectly interferes with the furnishing of them,
If your landlord comes into your home without notice or attempts to move you out without first taking you to court, or
If the landlord in any way intentionally interferes with your "quiet enjoyment" of your apartment.
Violation of the Security Deposit Law: If a
landlord takes a security deposit, the law says that she has certain
obligations. These obligations include providing you with a written
receipt, giving you a statement that describes the condition of your
apartment, holding your money in a bank account that is separate from
the landlord's money, paying you interest every year, keeping records of
deposits and repairs, and returning your security deposit to you within
30 days of the end of your tenancy. Failure to comply with this statute may be a defense to eviction in summary process.
Violation of the Consumer Protection Law: legislature has recognized that tenants are consumers of one of the most significant consumer products—housing.
Under the state Consumer Protection Act, it is illegal for a landlord to threaten, attempt, or actually use any unfair or deceptive acts against you or anyone in your house.
Retaliation:
You may be entitled to damages under the retaliation counterclaim statute if you prove that your landlord threatened to take legal action against you for enforcing your rights.
For more see the section in this chapter called Retaliatory Evictions.
Discrimination: You may be entitled to damages
under the laws that prohibit discrimination if you can show that your
landlord engaged in discrimination against you.
If you have a claim against your landlord and you do not bring it as a counterclaim in an eviction case, you still have the right to file a separate lawsuit on that claim.
For a list of counterclaims, see The Answer form (Booklet 3).
When you bring counterclaims in an eviction case, the judge will decide whether you have proved your claim and will decide how much money to award you based on each of your counterclaims. You should read Chapter 13: When to Take Your Landlord to Court - Grounds for Filing a Civil Lawsuit to see what you need to prove in court and how much money you can be awarded. The court's rulings on your counterclaims may determine whether or not you can be evicted.
In order to remove a guest who has over-stayed, the hotel or motel must give written notice at the time of registration of the agreed upon departure date and check-out time.
In addition, before eviction, the guest must also be given verbal or written notice to leave the hotel or motel room at least one hour before the required time to leave.
However, the guest and any personal belongings may only be removed by the “appropriate lawful authority” and there is an exception that prohibits removal in any case of serious medical emergency requiring continued use of the hotel or motel room.
"The pandemic is proving…that we need to advocate vigorously for projects and policy proposals that get us closer to a universal right to housing," says Cea Weaver, the campaign coordinator for Housing Justice For All.
"We need to sort of think about the role that exclusion and profit, which are the sort of characteristics of the private property market, have played and think about different systems and structures that we could put into place that would help more people be housed."Weaver, who's a rising star in New York political circles—she was recently nominated to join the city's powerful planning commission—describes the relationship between landlords and tenants as "exploitative."
But denying landlords legal recourse to enforce their contracts is more likely to exacerbate housing shortages. In New York, the moratorium is reminiscent of policies of the 1960s and '70s that also undermined private contracts between landlords and tenants, driving owners to abandon their buildings and leave entire neighborhoods for dead.
One problem with the eviction moratorium is that, in practice, it doesn't only impact those in need. It is making widespread abuse possible, in which tenants with the means to pay their rent are taking advantage of the situation to live in their apartments at no cost.
The media has predicted a huge "wave of evictions" (see here, here, here, and here) nationally if the moratoria are lifted. In New York, tenant activists dragged furniture into the streets at a protest in October to dramatize the potential impact.
REMOVAL OR EJECTION OF GUESTS
Landlord's Violation of Law
defense to
non-paymentor no-fault evictionwhere the landlord has breached any material term of the rental agreement or violated any other law related to the tenancy .
into account the impact on the landlord.
If your landlord is required to provide utilities or other services and she intentionally fails to provide them,
If your landlord is required to provide utilities or other services and she directly or indirectly interferes with the furnishing of them,
If your landlord comes into your home without notice or attempts to move you out without first taking you to court, or If the landlord in any way intentionally interferes with your "quiet enjoyment" of your apartment.
Failure to comply with this statute may be a defense to eviction in summary process.
noun
1. représailles
2. rétorsion
the action of returning a military attack; counterattack."the bombings are believed to be in retaliation for the trial of 15 suspects"
If you have a claim against your
landlord and you do not bring it as a counterclaim in an eviction case,
you still have the right to file a separate lawsuit on that claim.
If you have a claim against your landlord and you do not bring it as a counterclaim in an eviction case, you still have the right to file a separate lawsuit on that claim.
When
you bring counterclaims in an eviction case, the judge will decide
whether you have proved your claim and will decide how much money to
award you based on each of your counterclaims.
When to Take Your Landlord to Court - Grounds for Filing a
Civil Lawsuit what you need to prove in court and how much money
you can be awarded.
CHAPTER 3. REMOVAL AND EJECTION OF GUEST
§75. Hotels, motels, and campgrounds; expiration of stay
No person shall remain in a hotel or
motel, or in or on a campsite, where his term or stay has expired if the
person has been given written notice of his agreed departure date and
checkout time at the time he registered at the motel, hotel, or
campground, and the person has been given verbal or written notice to
leave the hotel or motel room, or campsite at least one hour prior to
the time required to leave.
Added by Acts 1978, No. 751, §1. Amended by Acts 1979, No. 708, §1; Acts 1981, No. 764, §1.
CHAPTER 3. REMOVAL AND EJECTION OF GUEST
§75. Hotels, motels, and campgrounds; expiration of stay
No person shall remain in a hotel or motel, or in or on a campsite, where his term or stay has expired if the person has been given written notice of his agreed departure date and checkout time at the time he registered at the motel, hotel, or campground, and the person has been given verbal or written notice to leave the hotel or motel room, or campsite at least one hour prior to the time required to leave.
Added by Acts 1978, No. 751, §1. Amended by Acts 1979, No. 708, §1; Acts 1981, No. 764, §1.
In order
to remove a guest who has over-stayed, the hotel or motel must give
written notice at the time of registration of the agreed upon departure
date and check-out time.
before eviction, the guest
must be given verbal or written notice to leave the hotel or motel
room.
Abet
DefinitionTo
criminally assist another person in the commission of a crime including
in planning a crime, escaping from a crime, or in the actual commission
of the crime.
Illustrative caselawSee, e.g. Gonzales v. Duenas-Alvarez, 549 U.S. 183
Abet
DefinitionTo criminally assist another person in the commission of a crime including in planning a crime, escaping from a crime, or in the actual commission of the crime.
Illustrative caselawSee, e.g. Gonzales v. Duenas-Alvarez, 549 U.S. 183
Illustrative case law
See, e.g. Dave Herstein Co. v. Columbia Pictures Corp. 149 N.E.2d 328 (1958).
(3) "Hotel" as used in this Section shall have the same definition as that contained in R.S. 33:4574.1.1(C)(1).
(4) "Person" as used in this Subsection shall have the same definition as that contained in R.S. 47:301(8).
(f) Louisiana Hotel/Motel Association.
B. The program administrator shall approve a Louisiana Responsible Vendor Program, hereafter referred to as "the program", designed to educate vendors and their employees and customers about selling, serving, and consuming alcoholic beverages in a responsible manner and selling and serving tobacco products. The program shall include all of the following:
C. The server training courses shall include but not be limited to the following subject areas:
D. Security personnel training courses shall include training on the subject matter as required by the provisions of Subsection C of this Section as well as specific curriculum approved by the program administrator including but not limited to handling disruptive customers and customer altercations.
E.(1) The commissioner and the Louisiana Department of Health shall consult with appropriate governmental and nongovernmental agencies statewide in the development and distribution of an informational pamphlet. The commissioner shall include the informational pamphlet in the updated version of the responsible vendor handbook. The informational pamphlet shall include information based upon evidence-based practices and the following subject areas:
(a) Methods of identifying and responding to sexual assault, rape, sexual harassment, and sex trafficking.
(b) Definitions of rape, sexual assault, sexual harassment, and sex trafficking.
(c) Potential responses of vendors in the event a sexual assault, rape, sexual harassment, or sex trafficking occurs on the premises.
(d) Effects of rape, sexual assault, sexual harassment, and sex trafficking on primary and secondary victims.
(e) Updated information on the physical appearance of drugs, the effects of drugs, street names for drugs, and methods of delivery as it relates to rape, sexual assault, sexual harassment, and sex trafficking.
(2) Employers who are considered responsible vendors may provide the informational pamphlet to each existing or newly hired bartender, server, or security personnel.
F.(1) A person subject to the provisions of Subsection C or D of this Section is immune from all civil and administrative liability for reporting or failing to report a sexual assault, rape, sexual harassment, or sex trafficking incident, and nothing in this Section shall be construed to create any duty, obligation, or mandate for a person subject to the provisions of Subsection C or D of this Section.
(2) The immunity provided by this Subsection shall not extend to any person subject to the provisions of Subsection C or D of this Section in a case when such person is a principal, conspirator, or an accessory after the fact to an offense involving a sexual assault, rape, sexual harassment, or sex trafficking incident.
Helpful Resources
INFORMATION
CDC information on COVID-19 is at Centers for Disease Control and Prevention , wiht advice on how to protect yourself at this link.
Are you sick? What to do if you think you are sick is at this link.
Department of Children and Family Services is providing assistance only by phone, email and online.
FOOD
To-go meals for children: East Baton Rouge Parish School System is providing picked-up meals to children at 10 sites.
To-go meals for people: St. Vincent de Paul has hot meals available daily in to-go container at the window in the rear of the Dining Room. More info about St. Vincent.
Meals for seniors: East Baton Rouge Council on Aging has meals for seniors. Please call 225-923-8000 to request meals. Additional information is available on their website.
Food for emergencies - Greater Baton Rouge Food Bank has emergency food boxes and needs volunteers. More at brfoodbank.org.
CRISIS COUNSELING
Louisiana 211 – Dial 211 to talk with a specialist to discuss available help and information on COVID-19. Text is also available by texting LACOVID to 898-211 to have access to the most current information available in Louisiana.
The Disaster Distress Helpline remains open to offer crisis counseling and emotional support related to the current COVID-19 outbreak from trained counselors across the country. The 24 hour/7 day a week/365 days a year helpline can be access by calling 1-800-985-5900 or text TalkWithUs to 66746.
Grief Recovery Center can help you through this time. Visit this link.
OTHER RESOURCES
Louisiana Public Broadcasting is providing educational programming through its website to assist parents with children of all ages. Learn more at www.lpb.org.
East Baton Rouge Parish Library has online books and other media. More information available at http://ebrpl.libguides.com/coronavirus
