"Up from here" Chapter 10: Kutras Gardens
I left on the bus from Chico to go and visit my Mom. Of all days to choose to come up and visit, it was the best day in the world, mother’s day 1999. I bought a one-way ticket and caught the Greyhound bus at noon going from Chico, California to Redding, California on Mother’s day. I arrived in Redding and I called her on the phone and she came down and picked me up at the Greyhound Bus Station in Redding, California.
Mother’s Day visit with my Mom on Mother’s Day turned into me staying with her now. Because I noticed while I was there visiting her, she was having problems with her memory, even more so than when I had noticed it when we lived on Denton Way months back before I became homeless. There were more things going on such as my nephew David Lee Scott, my Mom’s favorite grandson, my sister’s oldest son who would come by and borrowed money from my Mom. She would give it to him and mark it down and then forget where she put the notepad. He knew that she would forget and he kept doing it anyway. He would even get her to give him rides to all the pharmacy’s in town, even the ones in Central Valley. If she did not do it for him, he would have a fit and get mad and angry at her.
The first month I was there the manager wanted me to leave. However, I found on the Internet information that my Mom was entitled to a full-time caregiver and that they could not count the income of the caregiver under HUD rules. Nonetheless, that did not make the owners or the manager very happy when I told them about it. In fact, I told them my Mom was entitled to a two bedroom and they did not like that idea either.
Mom had a doctor’s appointment one day, she left to go there and was gone about 45 minutes and then she returned. I ask her how the doctor’s appointment went and she admitted she could not find it. She got lost. All she had to do was drive out the apartment complex, make a right on South Street and go up to Pine Street, make a right and go past Eureka Way, and then on the corner was her doctors' building and his office. Make a right into the parking lot and she was there. She knew in her mind where it was, but she couldn’t find it, she had been going there for years. This was a red flag that something was wrong.
That was it; it was time to stop her from driving. I took over that responsibility and began driving her wherever she wanted to go and now to her doctor appointments. I would go with her and get more involved in her health care. And I did, and that was the beginning of catching up with her medical condition.
I finally had to sell the car and having it repaired all the time was getting expensive too. I sold my Mom's car for $500.00 to a homeless couple that did not have the money at the time to pay for the car but promised they would as soon as they got back on their feet. Singing Wind left a flute he made out of wood as collateral for the car that he makes himself. I still have the flute. He never did return. And the car was abandoned in Arizona. I was going to have it towed back, but it would have cost too much, so I just let it go to the junkyard that had it in storage now. But it was better that way anyway and the most we could have got for it was about $200.00 from the junkyard. It was not worth having it towed back, other than my Mom could sit in her last car and memories that went with it for her. It would not have been able to be driven with all of the repairs that needed to be done. My Mom could not afford it and nor could I at the time afford to have it repaired.
I would walk to Safeway to get our groceries and sometimes catch the Redding Bus, "The Ride" back to the apartment by having to go all the way downtown on the same bus, and then wait for it to head back in the same direction. So I could get off on Cypress Ave and then just have to walk a few blocks with all the groceries. I did that for about six months until I had saved enough money to buy another car for us. I finally had enough money and bought a 1988 Pontiac Leman’s 4 door, 4 speed from King Richard’s. That way my Mom could not drive it and my nephew David Lee Scott could not talk her into giving him rides.
Then after buying a 1988 Pontiac Leman’s the Tenant in Apt #23 Guzzi Yeisley a resident with a Blue Integra Acura, had the approval of the Management to continue to harass me, the same way resident Guzzi did years back to my Mom when she had her Red Station Wagon, the one I had to sell or give away. Guzzi lived in the apartment complex that was located downstairs and directly across the parking lot. Much further than the intended purpose of handicap parking spaces or the original purpose of handicap parking spaces for handicap people to park in.
While other tenants listened to the disagreement between Guzzi and I. Where Guzzi had decided and took it upon herself on June 11, 2002, to park over far enough intentionally so that I would be unable to park next to Guzzi. Guzzi did it intentionally and on purpose in my opinion. Now with me being the full-time caregiver of my Mom in Apt #2.
The moment I began taking pictures to use as evidence for the civil personal injury and criminal court cases against Guzzi and her son; for filing a false police report, along with the manager Penny Clovis and Mike Tanzer of H & L Holdings owner of Kutrus Senior Apartments who had given us an eviction notice over the dispute over the parking problem. Other residents notified Guzzi that I was taking pictures on how she had parked her car over the lines.
Guzzi during this confrontation made yet another false claim about my mental state of mind. Guzzi called me a "paranoid skitzo and crazy". The discrimination and insults to my character and reputation. Guzzi claimed I was “jumping out of bushes” at her. The only pictures that were taken were when she parked her car over the line, and when her son was threatening me one day I took pictures of him and the pictures I took of all the code violations of the entire Kutras Garden’s Senior Apartment complex.
Seniors are not above the law; if they break the law intentionally they can go to jail too. Guzzi was not discriminating against just me but my mother as well. Whereby, Guzzi had done that to my mother for years over the handicap parking space under the tree. And other tenants too.
And the favoritism of tenants, like the tenant in apartment #19 Mr. Witherwax, who the manager Penny Clovis had overlooked how Mr. Witherwax parked way out of the handicap parking space. So far out away from the curb that others cars had a difficult time backing out of the other spaces due to his selfishness for anyone, but himself.
Yet for years the Manager Penny Clovis had not said a word about Mr. Witherwax parking without a handicap placard or even given him a notice or warning. And other tenants who have lived there for years saw the favoritism by the Management by Penny Clovis.
Penny Clovis the Resident Manager, also refused to give Caretaker James C. Garland, and POA for Edith K. Garland, the name, and address of the Kutras Gardens' Legal owners/Landlord.
Instead, the Caretaker James C. Garland, and POA for Edith K. Garland of Apt # 2 @ 540 South Street, Redding, California was handed a complaint form to be filled out about the handicap parking situation at Kutras Gardens. And was told by Resident Manager AKA Penny Clovis of Kutras Gardens to fill out the complaint form and submit it to the Resident Manager AKA Penny Clovis of Kutras Gardens.
Since May 9, 1999, the full-time Caregiver James C. Garland (on Disability and in legation with a Workman's Compensation appeal case at the time before the W. C. A. B. in Pro Per, website domain owner of Rocks4me.com and who was also receiving SSI/Soc. Sec. for being Bi-Polar and having PTSD since June 1999) for Edith K. Garland complained about the unintended use by Senior Tenant in Apt #23 Guzzi Yeisley, who used said parking space as a place to park her vehicle for the shade, (during the spring and summer months each year) as she did not want her vehicle to be hot when she got in and out of it to drive it. It was also suggested she buy a vehicle cover, the suggestion was rebuffed and ignored. As well as marking another handicap parking space on her side of the parking lot. Also rebuffed and ignored.
Mr. Mike Tanzer said I did not have any rights because I was not a tenant of Kutrus Gardens Senior Apartments or on the lease. Well, I guess I had more Rights than Mr. Tanzer thought I did. First of all, I am a USA citizen with constitutional rights under the US Constitution. I was just a non-tenant with all the rights of the US Constitution and was able to represent my Mom and me in court in Pro Per against Kutras Gardens Senior Apartments in an Unlawful Detainer case.
They refused to give me the name and address of the real owner at the time when request until a subpoena was issued. All that was available was information in the tax assessor office, which had not been updated in years.
H & L Holdings II., LLC representative Mike Tanzer finally admitted finally that H & L Holdings II., LLC was the legal owner of Kutrus Gardens Senior Apartments for the violations of the "The Fair Housing Act of 1968 and 1988" in Redding, California.
Mom and I were in the process of being evicted from the Kutras Gardens Apartments. At the same time, I had filed and started a discrimination case with HUD where it was being investigated by Senator Diana Feinstein's office.
On the unlawful detainer that was filed the first original court date was August 19th, which was delayed and postponed until the next day by one day because they did not have a courtroom or a judge available until August 20th the following day in order to bring a judge from out of the county.
Then the next day on the 20th after I presented my evidence in the case and the landlord theirs. Judge Young ruled that both sides were to write memorandums. After both sides presented their evidence and witnesses. Judge Young ruled both sides were requested to submit memorandums by mail. Judge Young then said after he received our memorandums he would then make a ruling. Judge Young felt at the time he knew how he wanted to rule, but wanted to take it under advisement first, himself, to be sure he would be making the right decision in this case. Which I remember asking the judge at the time what a memorandum was?
I researched memorandums on the Interment and presented it by mail by the date specified. Judge Young made his ruling by mail a few weeks later. This was not normal in an unlawful detainer case. Judge Young made his ruling on Sept 3rd and issued a 30-day stay of eviction under two conditions in his ruling.
Judge Young felt I had presented a well-organized case for a person who was not an attorney. In his ruling, he mentioned how he felt I was a very educated person but ruled that I had violated the lease agreement by running a business out of the apartment.
In his ruling he issues a 30-day stay of eviction, which he knew I knew was my next legal step but not being an attorney would take me much longer to file the proper motion with the courts. Which, I was working on getting ready to submit after his ruling at the time when he made his ruling by ordering the 30-day stay of eviction for me. It saved me time that I don’t think I had or could have done without his help by his ruling.
We were evicted from the Kutras Garden’s senior apartments because I made a complaint about the handicap parking space, below at the bottom of the stairs, where we lived. I was allowed to live there because my mom was entitled to have a caregiver and they were looking for anything they could find to evict me, because I was not a senior.
All in by someone in Pro Per in an Unlawful Detainer case, they do not normally work that way, unless there is enough evidence to warrant an investigation by HUD and Senator Diana Fienstien's office by the complaint filed in my brief and the witnesses at trial.
I fought the eviction in Pro Per until the day I handed the keys over to the marshal. There were a lot of people from the courthouse to the apartment complex, which was very disappointed that a senior citizen and her son were evicted.
In the meantime, Kutras Gardens senior apartments were being investigated by HUD out of San Francisco where they found numerous violations from the parking spaces not marked correctly, to sidewalks that were not senior friendly, washer and dryers that had to be replaced with front loading machines and correct refrigerators that had to be replaced as well for all the seniors. My Mom and I were evicted but all the seniors at least had the violations corrected for their benefit by the eviction we were given and lost in the courts but all the seniors at the time of Kutras Gardens Senior Apartment complexes gained.
Landlord/Tenant Laws
GENERAL INFORMATION ABOUT LANDLORDS AND TENANTS
“A landlord is a person or a company that owns a rental unit. The landlord rents or leases the rental unit to another person, called a tenant, for the tenant to live in. The tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period.
WHEN CAN A LANDLORD TERMINATE A TENANCY?
“A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice.
However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:
Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose.”
Eviction - a court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or lease, or did not comply with a notice ending the tenancy. unlawful detainer lawsuit - a lawsuit that a landlord must file and win before he or she can evict a tenant. HUD
Fair Housing--It's Your Right
Fair Housing Act
HUD has played a lead role in administering the Fair Housing Act since its adoption in 1968. The 1988 amendments, however, have greatly increased the Department's enforcement role. First, the newly protected classes have proven significant sources of new complaints. Second, HUD's expanded enforcement role took the Department beyond investigation and conciliation into the area of mandatory enforcement.
Complaints filed with HUD are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is not successfully conciliated, FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred. Where reasonable cause is found, the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party - complainant or respondent - may cause the HUD-scheduled administrative proceeding to be terminated by electing instead to have the matter litigated in Federal court. Whenever a party has so elected, the Department of Justice takes over HUD's role as counsel seeking resolution of the charge on behalf of aggrieved persons, and the matter proceeds as a civil action. Either form of action - the ALJ proceeding or the civil action in Federal court - is subject to review in the U.S. Court of Appeals.
FAIR HOUSING ACT
Sec. 800. [42 U.S.C. 3601 note] Short Title
This title may be cited as the "Fair Housing Act". Sec. 801. [42 U.S.C. 3601] Declaration of Policy It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
Sec. 802. [42 U.S.C. 3602] Definitions
Famous People With Bipolar Disorder
“Many famous people have been affected by bipolar disorder. It is often suggested that genius and mental illness are linked. In the case of bipolar disorder, many of those who suffer from the disorder also have exceptional gifts. Above average creativity is sometimes considered a symptom of bipolar disorder. Manic episodes or hypomania may lead to times of intense productivity. Living with bipolar disorder is not a smooth road to creative genius. Those who suffer from the disorder walk a tightrope of mania or hypomania occasionally accompanied by ideas and aspirations hanging over a pit of depression and hopelessness.
Some actors and actresses have revealed their bipolar disorder diagnosis. Richard Dreyfuss, Carrie Fisher, Stephen Frey, Linda Hamilton, Vivian Leigh, Ben Stiller, and Jean Claude Van Damme are known to have bipolar disorder. Patty Duke wrote a book describing her personal turmoil of living with bipolar disorder. Maurice Bernard, from the soap opera "General Hospital," has discussed his diagnosis and promotes awareness about the disorder. Marilyn Monroe is also thought to have suffered from the disorder.
Many authors and poets are thought to have suffered from bipolar disorder. Hans Christian Anderson, Charles Dickens, William Faulkner, Ernest Hemingway, Edgar Allan Poe, Robert Louis Stevenson, Mark Twain, and Virginia Woolf are famous writers who had bipolar disorder. Lord Byron, Ralph Waldo Emerson, John Keats, and Sylvia Plath are poets who suffered from manic depression.
Vincent Van Gogh and Edvard Munch are famous artists who had bipolar disorder. Ludwig van Beethoven and Robert Schumann are famous composers who suffered the highs and lows of bipolar disorder. Musicians Jimi Hendrix, Axl Rose, Courtney Love, Ozzy Osborne, Steven Page, Tom Scholz, Scott Weiland, and Jim Morrison lived with this condition. Winston Churchill, Benjamin Franklin, and Alexander Hamilton are historic figures who are thought to have suffered from some form of bipolar disorder. Patrick Kennedy suffers from bipolar disorder.
Florence Nightingale lived with the symptoms of bipolar disorder. Isaac Newton, Ludwig Boltzmann, and Emil Post are mathematicians who had bipolar disorder. Athletes Frank Bruno, Chris Kanyon, Neil Lennon, Jimmy Piersall have bipolar disorder.
Kay Redfield Jamison is a psychologist who wrote extensively about her experiences with bipolar disorder. She wrote memoirs that described her personal battle with the disorder. She also wrote a book that examines the link between bipolar disorder and artistic creativity.
People who have bipolar disorder have touched our lives in countless ways. Bipolar disorder has indirectly affected us by touching the lives of those who have made contributions to humanity. The next time you listen to a classical music piece by Beethoven or Schumann or read a poem by Keats or Emerson, remember that the creators of those works of art were living the extremes of bipolar disorder. And though bipolar disorder causes great distress for those who live it, it is difficult to deny that it may also be a gift.”
From Manic-Depression Net.
Famous People with Bipolar Disorder
End of Chapter 10: Kutras Gardens
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