Kini
Cosma
P.O.
Box 7918
Klamath
Falls, OR 97602
(541)
880-4534
In
Properia Persona
INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS,
ORGANIZATION
OF AMERICAN STATES
Kini
Cosma,
Plaintiff,
vs.
SHIRLEY
MUNSON DBA MUNSON, MOBILE HOME PARK, STEVE JONES, JELD-WEN,
DOES 1 through 100, inclusive.
Defendant(s) |
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Case No.:
COMPLAINT
42
U.S.C. §3604 and §3617: OF THE
FAIR
HOUSING ACT;
42 U.S.C. § 3617; §§804,
813, 818; GOVERNMENT CODE
§§12955-12956.2;
INTENTIONAL AND NEGLIGENT EMOTIONAL DISTRESS
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________________________________/
(1) Defendant,
Munson Mobile Home Park is a private company owned and operated by
Shirley Munson, aka the Shirley Munson Living Trust, at . The
principal place of business is at 3711 Laverne Ave., Klamath Falls,
Oregon 97603.
Defendant,
Jeld-Wen is registered with the Oregon Secretary of State as an
assumed business name (ABN) with it's principal place of business at
401 Harbor Isles Blvd. in Klamath Falls, OR 97601.
Defendant
Steve Jones is the manager
-landlord, (herein
referred to as “the landlord”),
of
the Munson Mobile Home Park, resides at 3740 Crest Street in Klamath
Falls, Oregon and is
employed
by Jeld-Wen.
(4) Plaintiff,
Kini Cosma, is a tenant who agreed with the landlord to a long-term
lease of a 50 ft x 30 ft parcel of property to use as her private
residence at 3711 Laverne Avenue in Klamath Falls, Oregon.
(5)
Plaintiff is ignorant of the true names and capacities of defendants
sued herein as DOES 1 through 100, inclusive, and therefore sues
these defendants by such fictitious names. Plaintiff will amend this
complaint to allege their true names and capacities when ascertained.
JURISDICTION
(SEE
SEALED AFFIDAVIT)
I.
FIRST
CAUSE OF ACTION
DEFENDANTS,
JELD-WEN, FALSELY ADVERTISED
ATTRACTING PLAINTIFF
TO ENTER INTO A LONG-TERM
REAL ESTATE TRANSACTION WITH
MUNSON
MOBILE HOME PARK
(6) Plaintiffs
incorporate paragraphs 1-5 inclusive, herein.
(7) According
to Defendant Jeld-Wen's written mission statements, logos, and other
written public propaganda, they describe themselves with excessive
pride and self-satisfaction declaring: “employees
are to live in a fashion that inspires good works and keeps a
positive influence.”
(8) Defendants
exults of “improving
neighborhoods and building better communities”
and boasts that their “Core
Values and Beliefs”
are “to
support worthy causes that have a direct, positive impact on the
long-term health, well-being and future of JELD-WEN families and
communities.”
(9) Defendants
Jeld-Wen avow, “at
the heart of the JELD-WEN Foundation is a desire and commitment to
give back to working JELD-WEN families and communities, to improve
the lives of those we are privileged to serve as well as others who
benefit as a result...”
(10) Defendants
claim they recognize and “value
the fact that it is a rare privilege to live in a society that is as
free and as prosperous as ours and believe we have a duty and
responsibility to contribute to its success. We believe the best
help offers long-term solutions, not just temporary bandages..."
(11) Defendant
Steve Jones their employee, resides four houses within the direct
vicinity of plaintiff and has not lived up to these expectations
forcing plaintiff to live in
unsafe, unsanitary and unhealthy conditions.
II.
SECOND
CAUSE OF ACTION
DEFENDANT
STEVE JONES RETALIATED AGAINST
PLAINTIFF FOR EXERCISING
HER HOUSING RIGHTS
(12) Plaintiffs
incorporates paragraphs 1-11 inclusive, herein.
(13) When
plaintiff began her tenancy, a substantial and very important
priority was her request for a reasonable
accommodation of privacy
asking permission to place a fence surrounding her area at her
expense. Plaintiff also asked whether she could work on a vehicle she
had. This request was also approved by Jones.
(14) Defendant
Jones was aware of plaintiff being a single female tenant when
applying for the tenancy. Jones was also aware that he was harboring
(directly behind plaintiff) a younger male, herein described as an
“individual,” with a history of being extremely loud, obnoxious,
and constantly involved in scuffles and other disturbances.
(15) What
began the retaliation was on
November 4, 2012, before leaving, plaintiff
asked the individual
to please not park in her area because she would be blocked in.
(16) On
Friday, November 5, 2012, at approximately 8:30 a.m., plaintiff was
preparing to leave her residence to help a friend at the local public
library with his legal case when she noticed that the individual
deliberately parked in the area plaintiff asked him not to park in.
Before getting in her vehicle and driving away, plaintiff told the
individual that she would be hiring someone who was to arrive that
day to help with the fence; his vehicle was in the way and it would
need to be moved.
(17) Around
2:30 pm – 3:30 pm, the person plaintiff hired arrived. Not only was
the individual's pickup still in the way but he had chained it to the
salvage and wrecked motor home sideways crossing over into
plaintiff's vicinity.
(18) Plaintiff's
assistant noticed a dummy chain attached and proceeded to removed it.
Plaintiff then towed the pickup a few feet when she saw a Klamath
County Sheriff driving by. Waving him down, the officer proceeded to
observe and ask questions about the property and pickup. He indicated
to plaintiff to do whatever she felt was necessary.
(19) According
to ORS §98.810 (2), an unauthorized parking of a vehicle on
proscribed property is prohibited without the permission of the
owner. Specifically, not to leave or park any vehicle on the
proscribed property whether or not there is a sign prohibiting or
restricting parking on the proscribed property. Further, if a vehicle
has been left or parked in violation of ORS 98.810, just and
reasonable charges can be requested.
(20) During
the course of towing the individual's pickup, plaintiff sustained
damages to her vehicle amounting to $595 to $600 (See estimates).
(21) The
landlord
failed
to make an individualized assessment when plaintiff went to discuss
the damage of her vehicle. Plaintiff contends the landlord needs to
be held responsible for not disclosing to plaintiff that he harbored
a loud, obnoxious, and hostile tenant, unable to control his tenant's
actions by not setting boundaries of the properties he manages. The
landlord contended that the individual should be held responsible in
“small claims court”. As a result, plaintiff refused to pay one
months rent.
(22) The
landlord continued to bill plaintiff for the lapse in rent payments
of $185 (EXHIBIT
A)
while using the individual to spew garbage all over the property (EXHIBIT
B)
and to retaliate,
intimidate and harass plaintiff. The landlord refused to
lay boundaries so that this individual would directly harass
plaintiff in the proximity of plaintiffs' residence thereby
increasing the damage's plaintiff complains herein.
(23) Defendants
took negative
actions and omitted actions against plaintiff; interfering with those
concerned
about plaintiff and her exercising the enjoyment of her fair housing
rights; Retaliatory
conduct-
a
pattern
showing harassment,
threatening
significant
physical or emotional harm through the use of derogatory or
inappropriate names, insults, verbal assaults, profanity, or
ridicule, coercion, punishment, implied threats, intimidation,
humiliation, mental cruelty.
III.
DEFENDANTS
VIOLATED PLAINTIFF'S RIGHTS TO
RETAIN
FAIR HOUSING BASED ON GENDER AND
SEXUAL
ORIENTATION DISCRIMINATION
(24)
Plaintiffs incorporate paragraphs
1-23 inclusive, herein.
(25)
The landlord discriminated against
plaintiff because she opposed acts, policies, and practices made
unlawful by this part or in the past. He allowed the individual to
harass and intimidate
plaintiff in an effort to prevent her from the
use of her accommodations by allowing him to violate her privacy.
(26)
Defendants conduct is not equal to that afforded to other
tenants who reside at the Munson Mobile Home Park. This denial of
equal opportunities enjoyed by other tenants has been intentionally
and unreasonably done for the purpose of causing plaintiff to suffer
humiliation, mental anguish, and emotional and physical distress
interfering with and substantially
impairing the enjoyment and use of the premises others are entitled
to.
(27) As
a proximate result of the nature and cost of these actions,
furthering the undisputed historical facts of unresolved probable
cause, outright intentional exclusion, malicious prosecutions
constituting a deprivation of liberty without due process of law
conducted with the intent to deprive a plaintiff of equal protection
of the laws or is otherwise intended to subject her to a denial of
constitutional rights by the United States for over 15 years,
plaintiffs
prays that this court will grant household living arrangements away
from tortious injuries; damages that are usually considered to go
beyond traditional pain and suffering or mental anguish and for this
individual’s inability to pursue a proper residential household as
demonstrated; that defendants have been motivated by a discriminatory
purpose, selected or reaffirmed by a particular course of action at
least in part because of, not merely in spite of, its adverse effects
upon an identifiable group or the anti-retaliation provision set
forth.
IV.
CONCLUSION
(28) WHEREFORE,
plaintiff, pursuant to Section 810(g)(2)(a) of the Act, hereby
charges defendants with engaging in discriminatory housing practices,
in violation of Section 804 and 818 of the Act [42 U.S.C. Sections
3604 and 3617], and prays that an order be issued that:
(29) 1.
Declares that the discriminatory housing practices of defendants, as
set forth above, violate the Fair Housing Act, as
amended,
42 U.S.C. §§ 3601-19;
(30) 2.
Enjoins defendants, his agents, employees and successors, and all
other persons in active concert or participation with him, from
harassing, retaliating, and discriminating against plaintiff because
of her gender, sexual orientation, and disability in any aspect of
the rental;
(31) 3.
Award such damages as willfully to compensate plaintiff for her
economic loss, inconvenience, physical and emotional distress and
loss of an important housing opportunity, pursuant to 42 U.S.C. §
3612(g)(3), and any other damages to which plaintiff is legally
entitled;
(32) 4.
Award a maximum civil penalty of $11,000 for each discriminatory
housing practice found against defendants pursuant to 42 U.S.C. §
3612(g)(3); and,
(33) 5.
Award such additional relief as may be appropriate under the All
Writs Act of 28 USC 1651; S.47, the Violence Against Women Act of
2013; Full Faith And Credit Provision and 42
U.S.C. § 3612(g)(3) of the Act because the landlord
knew or should have known about the conditions posing an imminent and
serious threat to the health or safety of the occupants and must be
liable for money damages of either two months' rent or up to twice
the damages the tenant sustained as a result of the violation,
whichever is greater.
(34) Award
any other damages to which plaintiff is legally entitled.
Respectfully
submitted,
Signed:
Dated:
Printed:
Kini Cosma, Plaintiff
P.O.
Box 7918
Klamath
Falls, OR 97602
(541)
880-4534
Inpropria
Persona
VERIFICATION
I,
Kini Cosma, am a plaintiff in the above-entitled action. I have read
the foregoing and know the contents thereof. The same is true of my
own knowledge, except as to those matters which are therein alleged
on information and belief, and as to those matters, I believe to be
true.
I
declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed at Klamath Falls,
Oregon.
Signed:
________ Dated: __________________________
Affidavit
Under Seal
(1) The
impact on my everyday life in the United States under The Human
Rights Act and the right to respect for privacy and guaranteeing core
components of the human rights framework for economic and social
rights of women's rights including access to education, health and
violence against women under Article 8 in the pervasive culture of
impunity in both with regard to past abuses remain an overall decline
in the policy and practice of democratic and human rights standards.
(2) It
remains an overall decline relating to my children in the pervasive
culture of impunity with regard to past abuses and those who are
interested in the added value of human rights.
FUTILE
EFFORTS TO ACCESS COURTS AND JURISDICTION UPDATE
STATUS
OF STATE AND FEDERAL
COURTS
California
Local, State, and Federal Cases:
DISMISSED
DISMISSED
DISMISSED
DISMISSED
DISMISSED
Appeal
Fee paid 12/7/99 CV-F-97-5994-OWW: $105.00
DISMISSED
DISMISSED
DISMISSED
DISMISSED
DISMISSED
COLLATERAL
DAMAGES: Undetermined Amount
Oregon
Local, State, and Federal Cases:
Oregon
State Circuit Court, 13th
Judicial District, Klamath
County
Judges
Roxanne Osborne
Richard
Rambo
CASE NO.:0803782CV DISMISSED
CASE
NO.:0803718CV DISMISSED
CASE
NO.:0804232CV DISMISSED
Cameron
Wogan CASE NO.:09-1352 DISMISSED
CASE
NO.:11-464CR DISMISSED
COLLATERAL
DAMAGES: Undetermined Amount
COUNTY OF
MARION CIRCUIT COURT OF THE STATE OF
OREGON
CASE
NO.: NONE ASSIGNED
DISMISSED
Oregon
Court of Appeals
CASE
NO.: A149568 DISMISSED
CASE NO.: A145734 DISMISSED
Oregon
Supreme Court
CASE
NO.: 8058661
Oregon
Federal District Court:
CASE
NO.: 10CV3062-CL DISMISSED
CASE
NO.: 11-3062-CL DISMISSED
CASE
NO.: 1:12-cv-01767-CL DISMISSED
U.S.
Court of Appeals for the Ninth Circuit:
CASE
NO.: 98-16415
CASE
NO.: 98-16672
CASE
NO.: 98-16673
CASE
NO.: 08-16561 DISMISSED
CASE
NO.: 11-35438 DISMISSED
COLLATERAL
DAMAGES: Undetermined Amount
TIME
FRAME IN CURRENT CASE
September
2012: I complained to landlord about the individual and his noise
all night long and about the water spicket he burst all over my
carport I was constructing.
September
22-23 2012: Complained to police about the individual's drug addict
friends glaring at me. One came to my door twice with a ruse.
Loitering guests
November
4, 2012: Cosma asked individual to please not park in her area
because she would be blocked in.
November
5, 2012, at approximately 8:30 a.m.: Individual deliberately parked
in the area not permitted to park in. Around 2:30 pm – 3:30 pm, the
person plaintiff hired arrived and individual's vehicle was still in
the way. The individual deliberately chained his pickup to the
salvage and wrecked motor home. I waved down Klamath County Sheriff
Webber to report that the individual's truck was deliberately chained
to his RV when parked in my area.
February
21, 2013: Landlord ordered that individual and Steve's son-in-law,
Brandon Love, tear down an old wrecked RV no longer in operation. In
the process of this job, they spewed wood, nails, other debris and
metal material all over the round about where tenants drive through.
February
25, 2013: I needed to drive my van over to feed my horses others are
entitled to enjoy but me. Fearing I would be unable to repark my
vehicle when returning, I called the police for them to witness the
debris spewed in the driveway. Nails and other material would inflict
further damage to my vehicle. The individual knows I do not have
reverse in my van and he targets this vulnerability to harass me (The
reverse kick down band has disengaged). Regardless, if he remembers
or not. All of us use the driveway for a turn around.
March
8, 2013: Individual put his sleeping bag on my fence line. I asked
him to remove it.
March
9, 2013: Individual put a phallic looking material in the driveway.
Called the police. Reported this to landlord.
March
14, 2013: Individual tried to assault me with his truck. AGAIN
contacted the police. I told the police that I was told he did not
have a valid driver's license, insurance, or registration. The police
told me they would be aware for his truck and enforce vehicle laws.
To date, the individual drives it around, mostly at night. Very noisy
like no muffler.
Proof
of Services
I,
Kini Cosma, declare I am a resident of the County of Klamath, State
of Oregon. I am
a
competent person 18 years of age or older. I
AM A PARTY to
or attorney in this proceeding. I certify that the person, firm, or
corporation served is the identical one named in this action.
On
the day of __________________________, 20________ , I personally
deposited a true copy of the:
at
the United States Postal Service, via first class mail, in a sealed
envelope, postage
prepaid,
addressed to the party (Defendant(s)-Respondent(s) to be served, at
the party’s business address listed:
JELD-WEN
Foundation and
Executive
Director: Robert Kingzett
Klamath
Falls Office:
3250
Lakeport Boulevard
Klamath
Falls, Oregon 97601
Phone:
(541) 880-2185
|
Jeld-Wen
Inc
1500
SW 1st Ave Ste 1100
Portland
OR 97201
|
Jeld-Wen
Foundation
3737
Lakeport Blvd
Klamath
Falls
(541) 882-3451 |
The
U.S. government knows that I come from a Kosher Jewish background but
to violate my religious rights does not matter to them.
