SECTION 6 UNINHABITABLE CONDITIONS INTRODUCTION

 

WALLS OF SILENCE

Surviving Don Klyberg

SECTION 6 TITLE 6.6 BROKEN REFRIGERATOR: RETALIATORY NEGLECT AND HARASSMENT

 

B

ackground and Overview: Since May, the refrigerator in my apartment has been leaking a brown liquid from its interior roof, creating hazardous living conditions. This fluid pools on the floor, forming a sticky film on the linoleum that promotes roach infestation. Despite multiple notifications to the property managers, no corrective action has been taken.

The primary property manager, Rick Newmann, has a documented history of engaging in inappropriate conduct, including sexual harassment. As a result, I have refrained from contacting him to avoid further incidents of harassment or coercion. Instead, I have attempted to engage Anthony Anderson, the secondary property manager and a close associate of Newmann, to address the issue. However, Anderson has failed to follow through on his commitments to inspect or repair the refrigerator.

TIMELINE OF EVENTS

Subpart 1. Initial Incident (May)

Brown liquid began leaking from the refrigerator’s interior roof and pooling onto the floor. This fluid fosters a roach infestation, as it provides pests with food and water. The liquid resurfaces shortly after mopping, making it impossible to maintain a sanitary kitchen environment.

Due to Newmann’s prior sexual harassment, I have avoided contacting him directly. Anderson has been difficult to reach, as his phone number has changed or become inactive at least four times. When I finally encountered Anderson outside the property and reported the refrigerator issue, he assured me he would address it but has not taken any action.

Subpart 2. Four-Month Mark: The Problem Escalates (September)

By the fourth month, the refrigerator had become entirely unusable. The brown fluid had spread to the vegetable drawers and lower compartments, rendering them unsanitary. As a result, I could no longer store fresh produce or perishable items.

Subpart 3. Health and Living Conditions Worsen due To Broken Refrigerator

This situation has caused significant harm, including:

·         Increased financial burden: The inability to store fresh food has forced me to purchase prepackaged, processed items, tripling my grocery costs.

·         Physical strain: Frequent grocery trips and the need for individually wrapped items have exacerbated my disability-related challenges.

·         Nutritional harm: Processed food has negatively impacted my health, leaving me physically weakened and ill.

·         Pest infestation: Roaches have invaded the refrigerator and freezer compartments, further worsening the situation.

Despite multiple visits to the unit by Newmann and Anderson, no repairs have been made, and the appliance remains in a state of disrepair.

Subpart 5. Six-Month Mark: Infestation and Neglect Persist (November)

By the six-month mark, the infestation had reached critical levels. Roaches now crawl from the refrigerator’s interior workings into the freezer. Exterminators, who have been visiting for three months, claim the infestation originates in two lower-level units. However, evidence suggests otherwise. Between January and February, I observed Newmann hauling contractor bags filled with debris from his unit, allegedly left behind by a former tenant. Shortly after, roaches appeared in my unit for the first time, indicating that Newmann’s unit may have been the source of the infestation. Regardless, the issue cannot be resolved without addressing the refrigerator's condition and eliminating the pests it attracts.

Subpart 6. Breach of Implied Covenant of Habitability Impact on Health and Safety

The failure to repair the refrigerator has created a hazardous living environment:

·         Health Risks: The leaking fluid and roach infestation have significantly impacted my respiratory health, causing increased congestion and coughing.

·         Dietary Restrictions: The inability to store fresh food has forced me to rely on unhealthy, processed items.

·         Financial Loss: Spoiled groceries have gone unreimbursed, and the need for more expensive food options has created additional financial strain.

·         Sanitary Concerns: The kitchen has become unsanitary and inaccessible, depriving me of the use of a critical area of my apartment.

Subpart 7. Forced to Move, Forced to Leave Everything Behind

Conclusion: The property managers’ failure to address the refrigerator issue constitutes retaliatory negligence. The refusal to make necessary repairs, despite repeated notifications, is a direct result of my rejection of Newmann’s prior sexual harassment. These actions violate the implied warranty of habitability and reflect a pattern of retaliatory behavior that has caused significant harm to my health, finances, and well-being.

I am now forced to vacate the premises, unable to take any belongings with me due to the infestation. This situation highlights gross mismanagement and retaliatory neglect, resulting in irreparable harm. Further legal remedies may be pursued to address these violations.

Subpart 8. Violation Of My Rights Financial Claim Against Don Klyberg And Associate Property Management

The described actions by Rick Newmann and Anthony Anderson constitute multiple violations of Minnesota state and federal laws, including sexual harassment, retaliation, and failure to maintain habitable living conditions. These actions have caused significant physical, emotional, and financial harm, warranting legal intervention.

A. Minnesota State Laws

1. Sexual Harassment (Minnesota Human Rights Act - MHRA, Minn. Stat. § 363A.08)

Sexual harassment by a property manager constitutes discrimination in housing, prohibited under the Minnesota Human Rights Act. This includes unwelcome sexual advances or conduct that creates a hostile living environment.

Violation: Rick Newmann's inappropriate conduct and harassment.

2. Retaliation (Minn. Stat. § 504B.285)

Retaliatory actions, such as refusing to make repairs because a tenant rebuffed sexual harassment, are illegal under Minnesota's landlord-tenant laws. Landlords may not retaliate against tenants for asserting their rights.

Violation: Refusal to repair the refrigerator after harassment was rejected.

3. Implied Warranty of Habitability (Minn. Stat. § 504B.161)

Landlords are legally required to maintain residential properties in a fit and habitable condition. This includes functional appliances and pest-free living spaces.

Violation: Persistent refusal to repair the refrigerator and failure to address the roach infestation.

4. Failure to Control Pest Infestation (Minn. Stat. § 504B.161, Subd. 1(a)

Landlords must ensure that rental units are free from infestations that impact tenants’ health or safety.

Violation: Neglecting to address the roach infestation caused by the leaking refrigerator.

5. Negligence Contributing to Health Hazards (Minn. Health Code)

The leaking brown liquid and pest infestation pose health risks, violating public health requirements under Minnesota's housing standards.

Violation: Allowing unsanitary conditions to persist without remediation.

B. Federal Laws

1. Fair Housing Act (42 U.S.C. §§ 3601-3619)

Prohibits discrimination in housing, including harassment and retaliation based on sex.

Violation: Sexual harassment by a property manager is a form of sex-based housing discrimination, as recognized under federal law.

2. Americans with Disabilities Act (ADA, 42 U.S.C. § 12101 et seq.)

Tenants with disabilities are entitled to reasonable accommodations. Refusing repairs that exacerbate health issues for a disabled tenant can constitute discrimination.

Violation: Failing to repair the refrigerator and resolve the infestation, resulting in harm to a tenant with physical disabilities.

3. Retaliation Prohibited by Federal Housing Law (42 U.S.C. § 3617)

Retaliatory actions for asserting housing rights, including refusing repairs, are illegal under the Fair Housing Act.

Violation: Retaliation through neglect of repairs after harassment was reported.

4. Breach of the Right to Quiet Enjoyment (Common Law)

Tenants are entitled to use their rental property without interference or harassment.

Violation: Persistent refusal to repair the refrigerator and resolve the infestation, creating uninhabitable living conditions. See Residential Lease Agreement violations #13, #23, #26, #30, #31, #32

GRAPHIC REFRIGERATOR EVIDENCE

 

Water Leak

September Refrigerator Update: Don Klyberg and apartment management are still controlling my health, my muscle function (spasms are horrible), my daily energy, my weight gain (rapid gain), my travel expenses, my food cost, mental health and cleanliness of the unit because they're controlling my diet and the functionality of the cooking space and food storage. The fact that Newmann is doing this because I won't give into sexual harassment and Anthony is letting him while Don Klyberg is simply a ghost that wouldn't help anyway because he didn't help with Sarah stalking or battery and the police refused to show up to provide a police report last month so I can get support to move only order extermination when that was not the only problem. If feel so trapped and both Newmann and his girlfriend are harassing me. She won't stop coming to bang on my door since I called animal control. She's trying to batter me again or get me sent to jail for defending myself from her because these people are all biased.

October Refrigerator update: Its now been three months of bi-weekly extermination. Everything is the same I am trapped in my bedroom Newmann is still harassing me stuffing my locked mailbox and stealing my mail and since I'm not taking the bait to argue with him or show him my sadness he's gotten bolder; opening the mail and putting it back in the mailbox. I'm still paying rent. I need my money back, this is not what I contracted for. And the chemical environment has kept me so sick for months. I cannot stop coughing, I'm always weak and sick to my stomach. My blood pressure from the terror of Newmann this place and the constant reality that MN DHS got away with keeping me this debilitated for 17 years and the housing authority is still getting away with stealing my voucher- it's all these people these Minnesotan's keeping me sick half a lifetime in daily torture when I got out, I got surgery, I went back to work, I proved they're terrorizing and abusing me: Yet here I sit-handed off to another sexual deviant in the environment their crimes have created in a totally broken condition... all my progress made with surgery is reversed... my blood pressure is so high my feet and swell all the time and I kept having uncontrollable crashes where I have to sleep instantly so my blood pressure can level out enough to stay awake. They're killing me. They have been killing me everyday since spring 2003. No body is protecting me they're just punishing me for asserting rights.


It can't go down like this. It's not possible. God is going to move in my favor. I will be set free. They will be exposed. There will be justice. I insist. "They have the wrong person. They targeted the wrong person. This is not my life, its there's. This is not my environment, its there's. This is not my story, it's there's. These are not my people, they are there's. This is the plan, the script, their design for me. I am NOT their territory. The saints will come. I am a captive. Come faithful. This is NOT my portion."

For I know the plans I have for you,” declares the LORD, “plans to prosper you and not to harm you, plans to give you hope and a future.