Do you remember sensing,
when you were very young,
spirits passing by you?





Sun 8.1


Ponder this reader: correspondence between a low level bureaucrat/attorney and a seeress in the earth year 2010, when humans under a quaint system called capitalism, battled for resources. Sad, in a way about humans, so limited in inner resources that they had to create a system where continual battles were waged in which the individual had to assert herself at the expense of others. The two below have appealed to impartial judges to resolve their differences. Judges reach their solutions according to a set of rules written in books. Their battle is a prototype example of what late twentieth, early twenty-first century AD civilization was like for the human species.

There will be a test, so take notes:

from Geovanny Fernandez
to LuhrenLoup
date Sat, Jul 31, 2010 at 1:15 PM
subject Re: CORRECTED SUBJECT-- June 2010 and July 2010 USE AND OCCUPANCY
mailed-by gmail.com
signed-by gmail.com
hide details 1:15 PM (5 hours ago)
Ms. St. Pierre,

I am in receipt of your correspondence, dated July 30, 2010 (but somehow postmarked July 29, 2010) and sent by Certified Mail, return receipt requested, regarding the alleged mold in Apartment 1.

And so I write to request ACCESS to Apartment 1, such that I-- on behalf of the landlord-- can personally inspect your entire apartment, including alleged mold complaint and address any further repair complaints. I respectfully request same access in the landlord's continuing effort to avoid further litigation, including litigation with DHPD, together with the costs (to the landlord, to you, to NYC agencies, and to courts) arising from same litigation. (PLEASE NOTE that I reviewed the law and discussed matter with DHPD and from my review neither law, nor DHPD require any inspection-- or residential housing mold repair-- be conducted or completed by licensed personnel. I welcome any authority you may have to the contrary. In any case, as you know, landlord has right to inspect any repair complaint prior to completing repair. Given the innumerable complaints you have filed, many of which have been rejected by numerous courts, landlord insists on inspection, by me, prior to expending further costs for same mold complaint.

Please let me know at your earliest convenience a date and time convenient to you to conduct same inspection.

1) Unfortunately, there is no visible evidence of mold, but I still suffer for the effects of it. And the pain at my hands and feet, the joints, are but a small sample of the symptoms I suffer from.

2) I would not dismiss the many, many repairs landlord has had to make in order to bring my apartment and the building up to code, from the ill fitting window that wouldn't close, the lack of heat (still ongoing problem) the unlockable front door, the bathroom that needed caulking, the stove that leaked gas repeatedly and had to be replaced, the refrigerator breakdowns that she has had to fix 4 times already, the kitchen light fixture that needed to be replaced, painting the apartment, repairing the stoop steps, repairing the entryway cement flooring to my apartment, replacing the missing banisters for the stoop rail, getting a mailbox lock for my box, removing the asbestos from the cellar, etc., etc.

3) I would, like you and your client, hope to settle this without recourse to the court system, but I don't hold much hope of the problem being resolved without the intervention of a higher power, especially considering this very correspondence you send indicating you are already preparing for upcoming litigation.

SEPARATELY, please know that the landlord still has not received any payment from you for the June 2010 and July 2010 use and occupancy payments required pursuant to Order of the Court, dated May 12, 2010, by Hon. Justice Capella. Accordingly, I will, on behalf of the landlord (and during week of 8/2/2010) serve you with yet another application to the Court for appropriate relief pursuant to same Order hereinabove referenced and applicable law. I urge you to comply with the May 12, 2010 Order of the Court now and thereby abate further litigation and costs, in time and resources (i.e., money), to the landlord, to you, and to the Court.

4) Judge Capella's ruling involved the dismissal of the case if my apartment was found to be rent stabilized, and it is, as you well know by now.

If you are unable or unwilling to comply with same Order of the Court hereinabove referenced for on going use and occupancy, I urge you to consider landlord's offer of settlement of 6 months use and occupancy (June 2010 through November 2010), conditioned on (1) judgment of possession and warrant of eviction and (2) withdrawing with prejudice your DHCR overcharge claim. Again, I, on behalf of the landlord, implore you to consider landlord's offer of settlement of current Holdover and DHCR matters.

5) Landlord's offer is more than generous, but it is not to my benefit.

Given your displeasure with the subject premises (including but not limited to the alleged "toxic dust" allegedly being blown into your apartment-- rejected by Justice Schneider, pursuant to Order of the Court, Justice Schneider presiding-- together with, now, the alleged mold (toxic too?), and the innumerable other complaints, heard and tried by numerous courts over the last 2 years, together with the alleged costs to your health, not to mention the costs in time and resources (i.e., money) to the landlord and the Courts, PLEASE TAKE NOTE that 6 months use and occupancy amounts to $9,900 (nearly $10,000)-- surely sufficient means for you to find premises more amenable (allegedly) to your nervous system, feet, hands, and joints.

Thank you for your time and attention.

-- In my earlier email correspondence (below) [see above] to you I inadvertently failed to-- in addition-- URGE you to seek legal counsel prior to or contemporaneously with reviewing same settlement offer. As you are aware the issues involved in the Holdover and DHCR matters are complicated and you ought to have the benefit of counsel in reviewing same below settlement offer.

PLEASE KNOW that if you are unable to afford an attorney, Legal Services and Legal Aid may be able to assist and/or represent you free of charge. You can find information about same above referenced agencies from the Housing Court, at 111 Centre Street, NY, NY.

6) Thank you for that information.

PLEASE ALSO KNOW and consider that same above Holdover settlement offer of 6 months use and occupancy ($9,900 at $1,650 per month) will include a provision that each side cover its own legal fees for same Holdover matter. That is, as you know, your expired lease agreement awards, upon application to the Court, legal fees and costs to the prevailing party in any Nonpayment or Holdover matter. Accordingly, absent settlement, the prevailing party in instant matter (landlord will argue) is entitled to legal fees and costs. Self represented parties are only (landlord will argue) entitled to costs. Landlord's legal fees and costs on same Holdover and DHCR matters (landlord will argue that DHCR matter is part and parcel of same Holdover matter as you have interposed same claims in both matters), are to date significant. And so, I urge you to consider that same hereinabove and below 6 months use and occupancy settlement offer relieves you of any money judgment for same legal fees and costs-- in the event landlord, as in earlier Nonpayment Matter, is held by Housing Court to have prevailed in same Holdover matter.

7) Please note that my purpose in going to court is not to collect attorney or cost fees. My main concern is for my health and well being, and that my apartment as stated in ¤ 235-b, shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to my life, health or safety.

8) As I have argued before there is no agreement to recover legal fees in administrative proceedings such as the overpayment charge presented to the DHCR. (See Paragraph 28 of lease.)

If you are unable or unwilling to comply with same Order of the Court hereinabove referenced for on going use and occupancy, I urge you to consider landlord's offer of settlement of 6 months use and occupancy (June 2010 through November 2010), conditioned on (1) judgment of possession and warrant of eviction and (2) withdrawing with prejudice your DHCR overcharge claim.

AGAIN, I urge you to seek legal counsel in consideration of instant email correspondence, earlier email correspondence forwarded earlier today, together with same settlement offer and considerations hereinabove and below detailed.

SEPARATELY, please know, in contradiction to your representation to the Court on July 22, 2010, that the Housing Court, by Decision/Order, dated February 6, 2010, Hon. Justice Schenider presiding, did indeed, as you know, award landlord a monetary judgment in the sum of $1,609.52, as prevailing party in matter of 517 Manhattan Ave. Corp. v. St. Pierre, Index No., 89007/2009. PLEASE TAKE NOTICE that landlord has yet to receive payment of same money judgment. Please provide proof of any documentation you have that contradicts same debt owed to the landlord, or any payment of same. Absent any documentation that contradicts same money judgment issued by Housing Court in same above referenced matter, please know that further misrepresentation to the Court will require me, on behalf of the landlord and as an Officer of the Court, to seek sanctions and other appropriate relief, including but not limited to notification of same misrepresentation to the Office of the District Attorney, NY County.

9) Concerning the matter of attorney's fees from Judge Schneider court, the matter is under appeal, and I am presently in the process of writing my brief for the appellate court. I came to that decision for two reasons. I have great respect for Judge Schneider and I carefully read her decision. Mold is a deadly fungus for which the courts of New York have no reliable way of judging its harms to human beings. When we, judge, landlord, her attorney and myself, all know there's mold in my building because of a report I have presented to the court from the Dept of Health stating as such, and there is no law to cover my particular situation, I've got to try something. I believe I have a small argument that might help us tenants.

Again, and additionally, please let me know a convenient time and date to inspect Apartment 1 related to your mold complaint. Thank you for your time and attention.

10) As stated above there is no visible mold, hence no need for an inspection. Furthermore, I have been subjected to 5 inspections in the past 6 months; this begins to look like a form of harassment, much like your leaning on my apartment buzzer for 4 or 5 minutes and repeatedly calling me on your cell phone while standing in my doorway to deliver a subpoena that you could have legally left at my door.

-- Geovanny Fernandez
Attorney At Law
1542 Leland Ave
P.O. Box 85
Bronx, NY 10460 phone: 718-813-7819
fax: 212-385-2418
email: geovanny@gmail.com
THIS IS AN ATTORNEY/CLIENT COMMUNICATION. IF YOU RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE AND CONTACT SENDER, GEOVANNY FERNANDEZ, ESQ., 718-813-7819. THANK YOU.

[This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless within 30 days of your receipt of this notice, you notify the above signed that you dispute the validity of this debt, it will be assumed to be correct. If you notify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copy of the judgment. If you request it within 30 days, we will provide you with the name and address of the original creditor (if different from the current creditor).]

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Current favorite this past month has been On the Worktable