NOTE: As of July 3, 2016, we are nearly complete in our preparation to file a criminal complaint with the office of New York State Attorney General Eric Schneiderman for the actions of High Falls Property Management (HFPM) for crimes involving payments for heating which were made by HEAP & DSS instead of the responsible party, High Falls Property Management for my apartment owned by HFPM. As can be seen below, in a letter from DSS (Department of Social Services) and RG&E (Rochester Gas & Electric Company), my heat payments paid by HEAP and DSS amount to a total of $2060.83, all of which is owed by HFPM. We know that HFPM was responsible for paying for my heat, from 2014 to the present however, as can be seen by the documents below, at least $2060.83 of my heating bills was paid for by the government, meaning YOU! We will need you the reader to help with financing our investigation into possible illegal RICO acts by High Falls Property Management. https://www.gofundme.com/HarryDavis
Did HFPM constantly avoid paying heating bills to many of it’s tenants, thereby making this a violation of the New York State RICO laws? We need to find the answer to this.
Overview of New York Racketeering / RICO Laws
Federal and state racketeering laws generally make it a crime for a criminal organization or enterprise to receive income through such means as a pattern of racketeering activity or collection of unlawful debts. (* In this case, HFPM collected an unlawful debt from the US Government, i.e., you, the taxpayer.) Like the federal Racketeer-Influenced and Corrupt Organization (RICO) Act, which prohibits an array of activities relating to any such enterprise engaged in or affecting interstate or foreign commerce, Article 460 of the New York Penal Law also criminalizes the offense referred to as “enterprise corruption.” The enterprise corruption statute is New York’s version of the federal RICO Act and was added to the Penal Law by the Organized Crime Control Act of 1986 to combat the “diversified illegal conduct engaged in by organized crime,” including the infiltration and corruption of legitimate enterprises.
In the near future, we will be subpoenaing records that detail all the work done by an electrician hired by HFPM and also the resulting lack of quality regarding inferior wiring by HFPM causing the dangerous electrical situations as well as a lack of sufficient heat in the winter time to heat my apartment at 294 Meigs Street, #5, Rochester, NY.
This complaint will be occurring at the same time as the anticipated Civil Rights Discrimination complaint to be filed through the US Department of Justice for violation of the ADA.
Michelle and Alex Wheeler, dirt pimps, dba High Falls Property Management, are real estate flippers trying to make bank off of both the US taxpayer, you!, and renters, like me, an old, disabled man with very little financial means.
How does Trump wanna be Michelle Wheeler make her money? Off of sucker tenants like myself who thought she was honest! She charges for “maintenance and repairs”, that’s how. Now, nowhere in my lease does it state that I have to pay for “maintenance and repairs” to Michelle’s house! These people are crooked as hell and I have known big crooks before. Big Crooks all of them, they just plain don’t think that their shit stinks. They are sociopaths. def: “a person with a personality disorder manifesting itself in extreme antisocial attitudes and behavior and a lack of conscience.”
“Colleen contacted you as it is her job as collections agent because your rent which is due on the first is unpaid as is the added late fee and past due maintenance and repairs.”
“I’ve copied in Nicole on this email. She can discuss your tenant responsibilities with you. We will follow up with a 3 Day Pay or Quit Notice as well.”
“My email was intended to assist you however it does not appear that this is what you are interested in. Thank you.”
Nicole please advise.
NYS Licensed Real Estate Broker
High Falls Property Management, LLC
- We must are investigating and will report to The United States Department of Housing and Urban Development (HUD) and the New York State Attorney General over $2,000 that was paid by HEAP, DSS and the Rochester Gas & Electric Company, for heat which was supposed to be provided by High Falls Property Management at 294 Meigs Street, #5, Rochester, NY but was not.
2. The fraudulent bookkeeping and false charges brought by HFPM to my ledger must be brought to justice
High Falls Property Management is the Walmart of real estate companies; they are like Walmart, they get the government to pay their bills!
“Here’s a stark number for understanding how low-wage employers are relying on the kindness of taxpayers: $153 billion.”
“That’s the annual bill that state and federal governments are footing for working families making poverty-level wages at big corporations such as Walmart (WMT) and McDonald’s (MCD), according to a new study from the University of California Berkeley Labor Center. Because these workers are paid so little, they are increasingly turning to government aid programs such as food stamps to keep them from dire poverty, the study found.”
Michelle and Alex Wheeler, dba “High Falls Property Management”, two Donald J Trump wanna-be real estate “flippers”, graduated from Monroe Community College with 2 year business degrees and promptly went into the “flipping” real estate business in Florida. (Now, I am not going to knock those who graduate from a 2 year college, like MCC, but I did graduate from the best State University in New York State, SUNY@Buffalo.)
Michelle and Alex “flippers”? You don’t believe me?
“Alex and Michelle Wheeler have worked in the residential real estate field in many different facets for almost 20 years. Their property ownership, real estate and renovation career began in South Florida in 1993. There they owned, managed and flipped properties as well as worked in the many different areas of real estate and residential remodeling. In 2003 they moved home to Rochester, NY bringing them closer to family. Alex and Michelle have owned and managed properties in Rochester since 2004.”
…taken from their own web site:
You want to know more about flipping real estate?
5 Mistakes That Make House Flipping a Flop
House flipping has become the day trading of the first decades of the 2000s. But in the rush to make a profit, far too many would-be real estate moguls overlook the basics and end up failing. In this article we’ll look at the five biggest mistakes investors make in this market and how to avoid them.
(these posts are edited. see link below for full story)
1. Not Enough Money
Dabbling in real estate is an expensive proposition. The first expense is the property acquisition cost. While low/no money down financing claims abound, finding these deals from a legitimate vendor is easier said than done. Every dollar spent on interest adds to the amount you will need to earn on the sale just to break even.
2. Not Enough Time
Renovating and flipping houses is a time-consuming business venture. It can take months to find and buy the right property. Once you own the house, you’ll need to invest time to fix it up.
If you are able to make a 10% profit on a house that cost $50,000, you’ll make a $5,000 profit. For many people it might make more sense to get a good job, where they can earn that kind of money in a few weeks or months via a steady paycheck – with no risk and a very consistent time commitment.
3. Not Enough Skills
Professional builders and skilled professionals, such as carpenters and plumbers, often flip houses as a sideline to their regular jobs. They have the knowledge, skills and experience to find and fix a house. Some of them also have union jobs that provide unemployment checks all winter long while they work on their side projects.
The real money in house flipping comes from sweat equity. If you’re handy with a hammer, enjoy laying carpet, can hang drywall, roof a house and install a kitchen sink, you’ve got the skills to flip a house. On the other hand, if you’ve got to pay a professional to do all of this work, the odds of making a profit on your investment will be dramatically reduced.
NOTE: HFPM does hire only contractors to do their work. Michelle & Alex, the dirt pimps, do not “sweat.” They do it by robbing their tenants, like me. And, they do it, just like Walmart, by making the taxpayer pay their bills. In my case. HFPM owes more than $2,000 to HEAP (Home Energy Assistance Plan) & DSS (Department of Social Services) for heat they were supposed to provide but did not!
4. Not Enough Knowledge
To be successful, you need to be able to pick the right property, in the right location, at the right price. In a neighborhood of $100,000 homes, do you really expect to buy at $60,000 and sell at $200,000? Even if you get the deal of a lifetime, you need to know which renovations to make and which to skip. You also need to understand the applicable tax laws and know when to cut your losses and get out before your project becomes a money pit.
5. Not Enough Patience
Professionals take their time and wait for the right property. Novices rush out and hire the first contractor that makes a bid to address work they can’t do themselves. Professionals either do the work themselves, or rely on a network of pre-arranged, reliable contractors.
Novices hire a realtor to help sell the house. Professionals rely on “for sale by owner” efforts to minimize their costs and maximize profits. Novices expect to rush through the process, slap on a coat of paint and earn a fortune. Professionals understand that buying and selling houses takes time and that the profit margins are sometimes slim.
NOTE: HFPM does hire only contractors to do their work. Michelle & Alex do not “sweat.”
NOTE: High Falls Property Management hired HUNT Realty to sell their properties. They do not do “for sale by owner”
The Bottom Line
Before you get involved in flipping houses, do your research. Like any other business venture, flipping requires time, money, patience, skill, and it will definitely wind up being more difficult than you imagined.
“…if the landlord interferes with quiet enjoyment, he/she may be sued for breach of contract. Disturbance of quiet enjoyment by another can be a “nuisance” for which a lawsuit may be brought to halt the interference or obtain damages for it. (See: nuisance)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
High Falls Property Management (HFPM), the dirt pimps, have been dishonest with me from the very day I signed the lease with them, February 8, 2013. On February 8, 2013, I, Harry Davis, signed a lease to rent an apartment with Holly Burgio, rental agent for High Falls Property Management. My lease was for a 2 bedroom apartment at 294 Meigs Street, #5, Rochester, NY 14607. It is a month-to-month lease. Rent was $750 per month when I moved in. They have since raised it by $225 to $975 even though I have as income only SSI (social security income) and SSD (social security disability). My income is about $840 per month. Even though HFPM raised my rent by $225, my SSI & SSD income has only increased about $15 in this same time period. There was a $750 security deposit also due. I paid both one month’s rent and deposit before moving in. My apartment is one of 7 apartments at 294 Meigs Street. I rent the upper unit.
The house I live in is just about 100 years old. There is a gas furnace in the basement to heat the entire 8 bedroom house. It is totally inadequate.
Before I signed the lease, I asked Ms. Burgio about the heating of the apartment just before I signed the lease. I saw that there was newly installed electric baseboard heating in the bathroom and in the bathroom ONLY. Ms. Burgio told me that “electric baseboard heating will be installed in every room in the apartment within 10 days.” That statement was a lie. On this date, June 30, 2016, there still has not been the promised installation of baseboard heating throughout this apartment. And to make matters worse, there has NEVER been adequate heat in this apartment in the wintertime, NEVER! The gas furnace is totally inadequate to heat my apartment. I was responsible for paying for my heat the first year I lived here.
Immediately after moving in, with no baseboard heating installed to heat my apartment, I had to rely on using 3 space heaters and a gas oven turned on to generate heat! Using a gas oven for heat is illegal. This is the way it has been for the three winters I have lived here. And in February, March & April of 2013, my first three months living here, I had to call the HFPM maintenance man, Richard Majchrzak, almost every day to come to flip the switch on the electric circuits because the wiring was totally inadequate and the space heaters kept blowing the fuses!
After about one month of this, using two space heaters and a gas oven to stay warm, HFPM brought in an electrician to rewire the entire apartment. This was against my right of “quiet enjoyment” which is a Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner.
My bedroom was in shambles for 2 months. My bed had to be moved all the time while workmen worked all through my apartment for hours on end. The second bedroom I use an an office was also disrupted: I could not get my work done. There was disruption everywhere, all the time! A stranger, the electrician was in my house for many, many hours each week for 2 months. After all was done, no heat is still the norm. For the first two years I lived here, the circuits were breaking on a very regular basis. It was clear, HFPM was not providing adequate heat or electrical wiring. And, HFPM BLAMED ME FOR THE CIRCUITS BLOWING! They said I was “overloading circuits” but after repeated demands from myself asking what exactly were the electrical appliances I was using but not supposed to be using, HFPM never had an answer. They knew their heating and wiring was not fit for habitation but all they could do was charge me for their faults.
Here is an entry from my HFPM ledger. Notice they lie, categorizing the bill as “Cleaning and Maintenance”.
Cleaning and Maintenance
reset breaker multiple times do to tenant overloading circuits – tenant billed
“Reset breaker multiple times do (sic) to tenant overloading circuits – tenant billed.” Now, again, the reason the circuits blew almost every day is because I had to run three space heaters to heat my apartment. HFPM did not provide near enough heat through their old, gas furnace and their electrical wiring, well, as I have mentioned, had to be totally re-done while I was a tenant in the apartment.
Now, $90.72 may not seem like a large amount of money but when one such as myself has a total monthly income of $840, $90.72 is not something I feel I should just throw away.
Now the Covenant of Quiet Enjoyment clearly states:
“A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner.
“…The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.”
Frequency of landlord visits
In carrying out repairs, replacements and other work, the landlord should make reasonable efforts to limit the frequency of entries to those actually necessary to accomplish the work. For the sake of retention of one’s tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows. 1. Enter as infrequently as possible. 2. Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant. 3. Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.
The relevant info is that HFPM has been harassing me for years about fees for services they are to supply, maintenance—i.e. heating, unacceptable and dangerous wiring, broken doorknobs. Maintenance service is part of HFPM’s responsibility. When problems of a possible emergency nature arise, HFPM will attach additional fees to my account for what should be routine maintenance. Despite HFPM emergency nature arise and trying to attach additional fees to them. Despite HFPM taking responsibility in the lease to provide heat, I have had to use TWO space heaters AND an open gas stove turned on to get through the cold winters. They have told me they do not care. Again, HFPM is responsible for my heat. Not HEAP! Not me. This is a life-threatening situation I have been in because of circuits blowing from space heaters and a gas stove which is used for heat, which is 100% illegal!
Again, this is not just about rent but that is being used to cover their illegal behaviors of denying reasonable accommodations guaranteed by law.
My rent when I moved into HFPM was $750 per month. My SSI & SSD income has basically not been raised more than $10 since February, 2013 but my HFPM rent has gone from $750 to $925! They know I get $840 per month, where do they expect the rest to come from? And just as I predicted, they now hold $643.73 for false fees, one being $250 for possessing an “emotional support animal”, i.e., my cat.
* Rochester Gas & Electric statements documenting multiple closing and re-opening of accounts for Harry Davis. This was done, as RG&E has told me was necessary when they wrote off these accounts when I could not pay the heating bills. The heat is required to be paid by HFPM but obviously, it is not. This covers the time period I have been a tenant of HFPM, from February, 8, 2013 to the present. HFPM has not been providing me adequate heat. I have had to use 2 space heaters and an open, turned on gas oven all 3 winters I have resided at 294 Meigs Street, #5. Using a gas oven to heat is illegal. HFPM are like Walmart who don’t meet their obligations to pay a living wage and make the tax payer pay for food stamps and medical. HFPM is by lease, supposed to pay for my heat but they do not. RG&E has opened & closed several accounts of mine; they write off the debt. We need to subpoena the landlord’s electrician and maintenance man to document their visits AND records. They were here all the time when my life was disrupted by 3 months of rewiring and flipping the circuit breakers in 2013.
* A letter dated June 6, 2016 from the Office of the Controller, Monroe County, that states, “Mr. Davis, As you requested, I am sending you information regarding payments made on your behalf by the Department of Human and Health Service from February, 2013 to the present. Payment dates and amounts are listed below.”:
As can be seen in this letter from RG&E, my heat payments paid by HEAP and DSS amount to a total of $2060.83, all of which is owed by HFPM.
And then there is the issue of the non functioning doorknobs which caused a serious danger to my life in 2015.
Attached is your ledger detailing the total balance due. This includes repairs as well as November rent and late fee.
I would really love to help you get this resolved once and for all. I am willing to go to the owner to ask for a partial credit for the repair charges. Please reply to this email with the amount that you are willing to pay towards the maintenance and repairs and I will do what I can to get him to credit the balance.
Please also reply with the date that you will be paying the rent and late fee.
Michelle L. Wheeler, the dirt pimpOffice Manager 2255 Lyell Avenue, Suite 201 Rochester, NY 14606 Office: 585-426-2600 Fax: 585-426-2611 Email: firstname.lastname@example.org
I will respond to you today but first, please send me Colleen’s email addy as I must copy her and Section 8 as Colleen keeps sending me texts about “calling section 8.”
With Colleen telling me “my balance is growing”, when in fact it has decreased by Section 8 paying more, we have a serious disconnect due to the illegal charges you put on my account for the basic rights of me having electricity and a bedroom door that does not lock me in, I have no choice but to copy Nikki Allen at Section 8.
Colleen contacted you as it is her job as collections agent because your rent which is due on the first is unpaid as is the added late fee and past due maintenance and repairs.
I’ve copied in Nicole on this email. She can discuss your tenant responsibilities with you. We will follow up with a 3 Day Pay or Quit Notice as well.
My email was intended to assist you however it does not appear that this is what you are interested in. Thank you.
Nicole please advise.
Michelle Wheeler, the dirt pimp
NYS Licensed Real Estate Broker
High Falls Property Management, LLC, the dirt pimps
2255 Lyell Ave, Suite 201
Rochester, NY 14606
(585) 426-2600 x103 Office
(585) 426-2611 Fax
“Be the change in your own life.”
I do understand and appreciate that your email was intended to help. I am interested. Thank you.
“My email was intended to assist you however it does not appear that this is what you are interested in. Thank you.”
As I mentioned, I have to follow up with a video and other docs, from my lease, to show why I do not owe the charges other than rent, that you mention. I am very busy working and need to attend to these duties before I can gather the docs. I do not think a 3 day notice helps.
Again, I do not owe anything for you to provide me my electricity. If you think I do, please tell me which everyday household appliances that I use that you do not permit.
And as far as the doorknob, if I were to be locked in the bedroom because the door you provided would not open, which I was, I could have been killed. Again, I have no feet! I cannot walk hardly at all. If your doorknob worked as any doorknob is supposed to work, there would have been no need for a house call as I would not have been locked in my bedroom.
Please tell the owner I will have more docs for your review tomorrow.
Also, please tell me Colleen’s email.
Again, I do appreciate living here and intend to continue.
Thank you. Thanks for wanting to help!
cc. Section 8
A landlord cannot try to evict a tenant, raise the rent, or change the terms of tenancy because the tenant has complained in writing to the landlord, or to any government agency, regarding conditions. The landlord also cannot retaliate in this fashion because a tenant has organized or joined a tenant union, or engaged in certain other protected activities. Within six months after a tenant has engaged in any of these protected activities, any act by the landlord of raising the rent, attempting eviction (except for non-payment), or making any change in any of the terms of tenancy is presumed to be a retaliation. This means that in any court proceeding, the burden will be on the landlord to prove that he or she is not retaliating against the tenant. In order to defeat a retaliation claim, a landlord must convince the court that he or she took the action for reasons independent of the tenant’s protected action, and that he or she would have done the same thing at the same time even if the tenant hadn’t engaged in the protected activity. If the landlord waits until six months after protected actions, retaliation may still be found, but the burden of proof is on the tenant.
If a landlord is found to be retaliating, he or she will not be able to evict the tenant, who may also be awarded damages from the landlord of one to three months’ rent plus attorney‘s fees. The landlord also cannot willfully deprive the tenant of heat, hot water, gas, electricity, lights, water, or refrigeration service. Nor can the landlord lock out the tenant or remove him/her from their apartment without going through the proper court procedure. The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney’s fees. Because of these options for recourse, it may be to the tenant’s advantage to complain about code violations in writing before the landlord issues a notice of an eviction or a rent increase. If a tenant attempts to claim retaliation, but did not complain about violations until after he or she received notice from the landlord, the tenant will be found to have no valid claim. The court will not find that the landlord was retaliating against the tenant for an action he or she had not yet taken.
It is illegal in almost every state for a landlord to retaliate against a tenant for exerting their legal rights. Under most landlord retaliation statutes, a landlord can’t evict, harass or raise the rent of a tenant for actions such as complaining to a government agency or requesting legally-mandated repairs.
Landlords who try to go after tenants can be stopped and sued. That said, the tenant’s path to enforcing their rights may be a time (and money) consuming endeavor, depending on the circumstances of their case.
What is Illegal Landlord Retaliation?
If a landlord tenant dispute goes south and a tenant decides to inform the authorities, the tenant is protected from certain retaliatory activity. A landlord is not permitted to go after the tenant in a number of ways. The kinds of retaliatory acts covered by most state statutes include:
- increasing the rent;
- ending a month-to-month tenancy or refusing to renew a lease;
- firing off an eviction lawsuit if a tenant decides to stay put and fight in court; and
- petty inconveniences like draining a pool, removing laundry facilities, cancelling cable access, etc.
A tenant must prove that these actions were retaliation, of course. That is where state laws against landlord retaliation come into play.