August 27, 1998: 9:00am - Tenant submits second written request for
help with second-hand smoke problem. Includes request in a 50-page document
titled, "Issues of Non-Smokers Rights: A Compendium of Summary Research."
Tenant requests that management instruct Resident to "stop her practice
of smoking in that area."
August 27, 1996: 2:30pm - Property and assistant manager deliver
written notice to Tenant. They acknowledge his complaints regarding smoking.
They claim they strive to ensure all residents have the opportunity to peacefully enjoy
their apartments. They state that the "resident
in D212 in no way violates the lease agreement by smoking in or around
the apartment premisses [sic]. They state that Tenant has been "inflicting
verbal abuse and harassment on the resident in D212." They
instruct Tenant he will be required to leave the apartment complex when his lease expires on October 31, 1996.
August 28, 1996 - Tenant goes to UNM Student Health Center due to complication
with sinus infection. Tenant has broken blood vessel in right eye. Tenant
has never has such a medical situation. Tenant's blood pressure in elevated,
his visual acuity is impaired.
September 7, 1996 - Tenant holds second CCAA association meeting. The
group establishes a plan of action to inform other residents of issues
related to second-hand cigarette smoke.
September 12, 1996: 10:00am - At the request of Roger Cox & Associates,
Tenant meets with Vice President Brian Anderson and associate Kerry Lujan.
The representatives of Roger Cox & Associates give Tenant a letter
from their attorney, Randall Thompson. Thompson's letter instructs Tenant
(1) circulate among the residents a written retraction of your previous
written statements concerning an entitlement to a thirty-three percent
abatement of rent and my client's violation of its obligations as an owner
under New Mexico law, and
(2) cease and desist from making any further erroneous statements,
Thompson's letter states that his client "understands that you
have been bothered by the actions of one of your neighbors." Yet claims
that his client is not obligated "under New Mexico law or its existing
Rental Agreement and Rules and Regulations to require your neighbors to
refrain from an activity that is not otherwise unlawful or actionable."
September 12, 1996: 10:10am - Anderson asks Tenant is he will comply
with the two above listed items. Tenant believes these provisions conflict
with his First Amendment rights to assemble and speak. As a result, Anderson
and Lujan give Tenant a formal 30-day notice to terminate the rental agreement.
January 2, 1997 - Tenant submits monthly rent check to manager, Janann
January 3, 1997: 5:00pm - Manager McCumber and Robert Garcia return
Tenant's monthly rent check. They state that the check in not being accepted
pursuant to the Thirty-Day Notice to terminate the lease agreement.
January 21, 1998: 8:30am - Tenant is ordered to appear for trial before
Albuquerque Metropolitan Judge, Geraldine Rivera. Tenant requests proceedings
to be taped. Rivera finds for plaintiff, Roger Cox & Associates. As
such, Tenant is ordered to forfeit the rental agreement, to restore the
premises to the Plaintiff; and that that the Plaintiff shall recover from
Defendant the following amounts:
The Writ of Restitution is issued effective January 24, 1997. Tenant
has three days to vacate the premises.
January 22, 1997 - Tenant posts cash bonds with the Metropolitan Court
in the amount of $1,866.22. Tenant intends to appeal to the District Court.
January 23, 1997: 1:13pm - Tenant files Notice of Appeal with the Metropolitan
January 31, 1997 - Tenant files a pro-se appeal for hearing with the
Clerk of the District Court.
February 1, 1997 - Tenant vacates premises and restores property to
Roger Cox & Associates representative, Lisa Kessler. Tenant and Kessler
agree that Tenant pay $30 for carpet cleaning and utilities from January
15, 1997 through January 31, 1997.
February 14, 1997 - Roger Cox & Associates Vice President Brian
Anderson sends letter to Tenant with enclosed copy of Statement of Deposit
Accounts. Anderson claims that Tenant maintains a balance of $473.36 for
rent and cleaning, etc. Anderson states that Tenant has thirty (30) days
to remit the amount or the matter will be turned over to the credit bureau.
Tenant responds that he posted the amount in full with the Metropolitan
Court on January 22, 1997.
April 1998 - Tenant notified that he maintains a negative credit report
related to a collection in the amount of $473.
June 1998 - Tenant notified that he maintains a negative credit report
related to a collection in the amount of $473.
July 9, 1998 - Since tenant is attempting to buy a home, he send faxed
letter to Roger Cox & Associates Vice President Anderson asking that
the negative credit item be removed from his credit history. This item
is preventing the continuation of the loan process. Anderson returns a
July 10, 1998 - Tenant sends second letter asking for a solution.
July 14, 1998 - Tenant sends third letter asking for a solution.
July 16, 1998 - Tenant sends fourth letter asking for a solution.
July 21, 1998 - Mortgage company declines loan request due to delinquent
past credit related to the $473.
July 24, 1998 - Tenant sends letter asking for formal offer of settlement
July 24, 1998 - Attorney for Roger Cox & Associates, Randall Thompson,
submits a written copy of the terms of his client's offer. Conditions are
(1) Execute a Stipulated Order providing for the dismissal of the appeal
and disbursing both bonds amounts to my client,
(2) Execute a mutual release of claims providing for the mutual release
of my client's claims against you and any claims you think you have against
my client, and a stipulation by you to cease and desist from communicating
to any third party any further defamatory remarks about Roger Cox &
Associates, Inc. and Netherwood Village,
(3) Upon filing of the Order dismissing the appeal and directing that
both bonds be disbursed to my client, I will draft a letter to the mortgage
company you have indicated has declined financing on the house you wish
to buy. The letter will state that you have satisfied the outstanding Judgment
and all rent claims due and owing to Roger Cox & Associates, Inc. and
Thompson further stated that Tenant still owes his client $1,866.22
plus interest at the statutory percentage rate from January 21, 1997 until
paid in full, plus the additional damage deposit deductions items reflected
on the Statement of Deposit Accounts mailed to you on February 5, 1997.
These deductions totaled $473.36.
Thompson stated that he had agreed to settlement terms in mid-April
1997. He lists the conditions as:
(1) the appeal bond ($1,351.22) would be disbursed 75% to my client
and 25% to you,
(2) the appeal bond for rent due and owing ($515.00) would be disbursed
to my client,
(3) you would execute a mutual release releasing any and all claims
you thought you had against my client, and agreeing to cease and desist
from making any further written communication to third parties concerning
my client and Netherwood Village, and
(4) the appeal would be dismissed with prejudice.
July 27, 1998 - Tenant writes to Anderson that he will not give up his
First Amendment rights to free speech and that he will not consent to the
release of mutual claims.
Present day - this dispute has not been settled.
InfoImagination © 2000 -- All Rights Reserved