SECTION 6 UNINHABITABLE CONDITIONS INTRODUCTION

WALLS OF SILENCE

Surviving Don Klyberg

SECTION 6 TITLE 6.6 A PRICE TOO HIGH: DAMAGES, INJURIES AND LOST NUTRITION WITH THE BROKEN KITCHEN

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onths of living with an infestation turned my kitchen from a place of comfort to a place of torment; by May, I had given up trying to cook entirely. I could barely keep the counters and surfaces clean long enough to pull out food before roaches would start crawling back out from hidden cracks. Every time I entered, I had to spray Raid or Ortho to keep them at bay, but that meant heavy fumes lingering in the air and chemicals coating every surface. This meant I had to use the limited health I had to scrub down a kitchen that was already clean (outside of the broken refrigerator) before spraying all those chemicals, while contending with roaches still running about. Then I had to wait for it to dry. Once it dried, I’d take out fresh food, and the roaches would just descend on the area and food before I could even cut a vegetable.

I cannot begin to number of days I left in excruciating pain from cleaning the kitchen multiple times by 120 days or so of this infestation dominating the apartment unit and the entire building common areas included—when I am someone who’s supposed to have in-home medical staff to complete these physical tasks since 2012, according to records, I was already pushing my health to the limit by being in this secluded, rural town without public transportation on a tiny income. I couldn’t afford to add multiple infestations, animal neglect and a sexually harassing stalker. I would clean the kitchen as close to spotless as it can become and then just ended up leaving the kitchen in coughing attacks that triggered Chiari Malformation headaches, which had become problematic for the first time in years because there are so many coughing triggers in the environment. I wouldn’t eat for multiple days. This affected all my Chiari symptoms, making them worse until life pretty much changed. I have been stuck in that disarray, disfunction and depressing options since.

The following is a list of symptoms that came from having virtually every functional piece taken away then adding aggressive sexual harassment—windows closed and curtains pulled only to be stalked on my phone because the curtains and windows were closed, dominating animal waste which wasn’t just a smell it was a vapor that permeated the building as well as the inside of my unit; then there was such severe bugs I couldn’t sit on the couches without getting attacked with bites in seconds; waking up each day with bites on my body from bugs in the sheets and often being woke up screaming because there’s roaches crawling on me in the dark.

Subpart 1

Increased Symptoms and Stressors (Axis IV)

1. Persistent forgetfulness that prevents me from completing even simple tasks without frustration and exhaustion, and my blood pressure becoming problematic. My short-term memory diagnosis is normally managed through organization and cleanliness, as these habits help me remember steps by repetitive action. It’s a medically taught skill I rely on to remain independently functional.

2. Inability to maintain a consistent sleep-wake schedule.

3. Paranoia and confusion as a direct result of sleep deprivation.

4. Severe decline in communication and social skills; difficulty constructing complete sentences—leaving out words, repeating words, misspelling, and scrambling words without realizing it until reviewing days or weeks later when I felt stronger. This halted my business entirely; I had to pull three books out of global circulation. It also prevented me from engaging on social media and text messaging, my only link to community in this isolated rural area where people haven’t been very welcoming to a Soulaan girl. I have been profoundly lonely for over half a year while intentionally keeping distance from complex relative dynamics in the state but property killed the friendships I was developing and from having the friendships I do have make a 5hr commute just to enter these deplorable conditions and see me when I am not socially functional . I’ve had to avoid inviting guests due to the odor and pest issues. Whereas previously I made efforts to maintain social engagement—having guests drive 45 minutes to 3 hours to get here—now they would be met with animal waste upon entering the building, and there was an extreme roach infestation inside the unit. This left me unacceptably isolated for over half a year, navigating a deeply lonely environment where prayer became my sole solace.

5. Frequent disorientation, often losing track of days and times.

6. Inability to work on my publishing business.

7. Severe physical pain and exhaustion preventing me from maintaining my usual showering and grooming routine.

8. Physical pain and fatigue preventing me from performing daily cleaning tasks, which I could manage regularly before the infestation changed so many aspects of daily activities.

9. Increased, more intense muscle spasms because of my diet and only having an upright or hard chair that doesn’t work for my spine to be upright. Since I could no longer use the couch or cushioned kitchen chairs, I was forced to lay in bed far too much. The spasms made it harder to get to sleep and stay asleep.

10. Days spent debilitated in bed due to intense migraines.

11. Reduced mobility, with difficulty walking even short distances that I could normally navigate, and experiencing extreme pain when I did.

12. Muscle weakness making it increasingly difficult to grocery shop.

13. Extended physical recovery time after grocery shopping. I used to experience 2–3 days of weakness after carrying groceries (supposed to lift less than 5lbs by medical records), but since May, I often need 5–7 days to recover fully and have to take more trips because processed boxes mean I can carry fewer items. Additionally, more trips mean more cost, more frustrating encounters with racism during scheduling and transit, more expensive food that’s horrible for my body, and rapid weight gain due to the processed nature of my diet.

14. Gaining over 50 pounds while in Brown County from November 2022–November 2024 as a direct result of poor living conditions, systemic racism in healthcare, and criminality in programs.

Subpart 2

Intentional Infliction of Emotional Distress (IIED) Symptoms

Overwhelming sadness and isolation due to uninhabitable living conditions, compounded by the harassment and retaliatory behaviors of the property managers after rejecting Rick Newmann’s romantic and sexual advances.

Subpart 3

Negligent Infliction of Emotional Distress (NIED) Symptoms and Property Damage

Since last winter, living with an infestation has been psychologically and physically miserable. I was trapped between roaches and toxic chemicals, trying to protect my health while enduring the pest invasion. Over time, the chemicals damaged my belongings—spice bottles melted, my new coffee maker broke, smoke alarms malfunctioned, and a framed poster warped. Curtains yellowed, and my brand-new smart TV lost its picture entirely. These damages resulted from heavy chemical use, which I thought was safe for indoor application. The lasting harm affected my belongings, health, and air quality, leaving my kitchen a danger zone.

Subpart 4

Living in a Home Shrunken by Infestation

By June, I was confined to my bedroom. The kitchen and dining room were unusable, while the living room became a hotspot for roaches and likely fleas or mites. Sitting on the couch meant being bitten and overwhelmed by pests. Even my bedroom, my last “semi-safe” space, was invaded. To deter pests, I kept lights on constantly, which drove up my utility bills. Despite paying full rent, I lived in a space I could barely use. Additional costs piled up for air circulation, frequent grocery trips, and a forced diet of processed foods due to the hazardous kitchen and broken refrigerator. This left me with both financial strain and emotional distress.

Subpart 5

A Long-Awaited Arrival and a Costly Bill

An exterminator finally arrived on August 28, far too late. By then, I had spent over $700 on pest control supplies and home management efforts, including air fresheners, essential oils, and aromatherapy to mask the nauseating Odors from feces and urine in common areas. Yet, management ignored lease violations and took no responsibility, despite the severe impact on my finances and quality of life. When the exterminator arrived, they instructed me to stop using my supplies, making my earlier expenses feel wasted.

Subpart 6

Loss and Defiance (Punitive Damages)

Management’s neglect felt punitive, tied to my rejection of inappropriate romantic advances. Management made a habit of watching at my window and listening from the unit underneath me and all my days were pretty much spent on cleaning, cooking, working on publishing from home and spending quiet down time virtually socializing with friends over here and there. When the infestation happened; all that stopped and it seemed like RickNewmann showed pleasure about the stop of these activities. I even caught certain things that seem “intentional” to make the environment sickening—photo exhibits included. There were even things that Despite their awareness of the escalating crisis, health hazards, and property damage, they did nothing. This inaction felt intentional, rooted in retaliation. I have documented everything—photos, dates, and expenses—and I demand accountability. After months of battling on my own, I deserve compensation for my time, money, and peace lost in this fight.

Subpart 7

I Feel These Particular Acts Exerted Control Over Domestic Activities and Finances:

A. Increased costs for utilities, with air circulation and fans constantly running to offset the fumes and air quality.

B. Frequent grocery trips due to contamination and lack of storage options, since the infestation rendered refrigerated and pantry cabinet items unsafe.

C. A forced shift to a diet of processed foods, limited by both the non-functional refrigerator and the impossibility of preparing fresh meals in such hazardous conditions.

GRAPHIC KITCHEN EVIDENCE

 

 

 

Subpart 8

DEMONSTRATION OF DISCRIMINATION THROUGH SELECTIVE ENFORCEMENT OF LEASE CLAUSES

The landlord’s failure to enforce the following clauses of the lease agreement demonstrates discriminatory practices that adversely impact tenants of color, including myself. This neglect has perpetuated uninhabitable conditions, fostering racial disparity in how tenant responsibilities are addressed and landlord obligations are fulfilled.

A. Violation of Section 13: Tenant’s Maintenance Responsibilities

Section 13 requires tenants to maintain their residences in a clean and sanitary manner, report defects or dangerous conditions, and reimburse the landlord for damages caused by neglect or misuse. Despite this clause, Margret’s unit has been allowed to remain in unsanitary and hazardous conditions due to her neglect, directly affecting the health and safety of other tenants.

The landlord’s failure to enforce this clause against Margret while neglecting complaints about the harmful conditions stemming from her unit indicates unequal treatment. By ignoring tenant maintenance requirements for some residents but strictly applying them to others, the landlord violates:

Ø §  Minnesota Human Rights Act (Minn. Stat. § 363A.11): Disparate treatment of tenants based on race or ethnicity constitutes housing discrimination.

Ø §  Federal Fair Housing Act (42 U.S.C. §§ 3604(b), (f)): Selective enforcement of maintenance responsibilities unfairly burdens tenants of color.

B. Violation of Section 16: Pets

Section 16 limits the number of pets to two per unit and mandates that residents clean up after them. Margret has neglected her animals, allowing them to roam freely, spread waste, and violate the two-pet rule. Similarly, Rick Newmann’s visibly unhealthy cat in the rental office poses health risks to tenants and violates the pet policy.

The landlord’s refusal to enforce these rules, particularly in common areas, while expecting compliance from other tenants, highlights discriminatory enforcement. This negligence also breaches:

Ø §  Minnesota Statute § 504B.161(2): Landlords must ensure common areas are kept clean and safe for all tenants.

Ø §  Federal Fair Housing Act (42 U.S.C. § 3617): Unequal treatment in enforcing pet policies contributes to a hostile housing environment for tenants of color.

C. Violation of Section 23: Rules and Regulations

Section 23 prohibits tenants from engaging in activities that disturb or endanger others or constitute a nuisance. Margret’s neglected animals and the resulting filth, noise, and odor create a pervasive nuisance that disturbs my peaceful enjoyment of the premises. The landlord’s failure to address these issues demonstrates selective enforcement of this clause, disproportionately impacting tenants of color who are forced to endure the consequences. This disparity violates:

Ø §  Minnesota Statute § 504B.395: Tenants have a right to peaceful enjoyment of their premises, free from nuisances.

Ø §  Federal Fair Housing Act (42 U.S.C. § 3604(b)): Disparate enforcement of rules and regulations creates inequitable living conditions.

D. Violation of Section 24: Disclosures

Section 24 reiterates the landlord’s responsibility to enforce pet cleanup and leash requirements, as well as compliance with noise ordinances. The landlord’s refusal to enforce these disclosures has exacerbated unsanitary conditions and disturbances caused by Margret’s pets and the lack of noise control. This failure disproportionately affects tenants of color, who are forced to take extensive measures, such as using powders, essential oils, and incense, to combat the resulting odors and disruptions. Such selective enforcement constitutes racial discrimination under the Minnesota Human Rights Act and the Fair Housing Act.

E. Violation of Section 26: Grounds for Termination of Tenancy

Section 26 provides for the termination of tenancy for failure to comply with the lease agreement or for creating nuisances. Despite Margret’s clear violation of multiple clauses, the landlord has taken no action to address her behavior or the conditions in her unit. Similarly, no action has been taken against Rick Newmann for his pet’s health hazards and disruptive presence in the rental office.

This failure to terminate or remediate tenancy violations underscores discriminatory practices. Tenants of color, myself included, face disproportionately negative outcomes while the landlord neglects to hold others accountable.

F.  Violation of Section 31: Governing Law

Section 31 states that the agreement will be enforced according to Minnesota law. The landlord’s selective enforcement of lease clauses directly violates Minnesota Statute § 504B.161, which mandates the maintenance of habitable and safe housing for all tenants.

Summary: The landlord’s failure to enforce these lease clauses consistently demonstrates racial discrimination and unequal treatment in violation of both state and federal laws. These actions—or lack thereof—have created uninhabitable conditions that disproportionately affect tenants of color, amplifying the need for immediate legal remedy and relocation assistance.

Related Exhibits: December Infestation | November Infestation |October Infestation | September Infestation | Destruction of Appliances | Refrigerator Infestation | Extermination Notices | Residential Lease Agreement

Last Updated: December 17, 2024