(7) any means other than compliance with lawful eviction procedures pursuant to section 2 of P.L.1974, c.47 (C.2A:42-10.16), as established through possession of a lawfully prepared and valid "Execution of Warrant." A person who is convicted of an offense under this section is guilty of a crime of the fourth degree. L.2005,c.319,s.3.
____ According to the New Orleans Police Department, Studio 6 maintenance ________worker William “Andy” Mackay, 56, and security guard Terrence Shaw, 23, were arrested on aggravated burglary charges ...
___________ ”Tenants’ rights advocates have seen New Orleans hotels evict guests, despite Louisiana Gov Edwards suspending evictions during pandemic"
What if my landlord locks me out illegally?
It is a crime for your landlord to lock you out, only the courts can order evictions, and only government officials can remove you from your home.
If your landlord locks you out, call the local police. They are required to help you get back into your home.
If they tell you this is a “civil” matter that doesn’t involve them, ask them to look at this statute:
N.J.S.A. 2C:33-11.1.
2C:33-11.1 Certain actions relevant to evictions, disorderly persons offense.
3. a.
A person commits a disorderly persons offense
if, after being warned by a law enforcement or other public official of the illegality of that action, the person
(1)
takes possession of residential real property or effectuates a forcible entry or detainer of residential real property without lawful execution of a warrant for possession in accordance with the provisions of
section 2 of P.L.1974, c.47 (C.2A:42-10.16)
or without the consent of the occupant solely in possession of the residential real property; or
(2)
refuses to restore immediately to exclusive possession and occupancy any such occupant so displaced.
Legal occupants unlawfully displaced shall be entitled without delay to reenter and reoccupy the premises , and shall not be considered trespassers or chargeable with any offense, provided that a law enforcement officer is present at the time of reentry.
It shall be the duty of such officer to prevent the landlord or any other persons from obstructing or hindering the reentry and re-occupancy of the dwelling by the displaced occupant.
As used in this section, "forcible entry and detainer" means to enter upon or into any real property and detain and hold that property by:
(1)
any kind of violence including threatening to kill or injure the party in possession;
(2)
words, circumstances or actions which have a clear intention to incite fear or apprehension or danger in the party in possession;
(3)
putting outside of the residential premises the personal effects or furniture of the party in possession;
(4)
entering peaceably and then, by force or threats, turning the party out of possession;
(5)
padlocking or otherwise changing locks to the property;
(6)
shutting off, or causing to be shut off, vital services such as, but not limited to, heat, electricity or water, in an effort to regain possession; or by
(7)
any means other than compliance with lawful eviction procedures pursuant to section 2 of P.L.1974, c.47 (C.2A:42-10.16), as established through possession of a lawfully prepared and valid "Execution of Warrant."
A person who is convicted of an offense under this section is guilty of a crime of the fourth degree.
L.2005,c.319,s.3.
What is CDC’s legal authority for issuing this Order?
These are criminal penalties and are determined by a court of law. CDC has no involvement in these penalties.
What if individuals act in bad faith when completing and submitting the declaration?
Anyone who falsely claims to be a covered person under this Order by __people out during a pandemic? They don’t care about our health; just about getting money.”
1 27 21
Attorney General of Louisiana
State Director of Emergency Management
Office of the Superintendent State Police
Chief of Police
Re: Enforcement of Act
Dear Attorney General ___ and _____,
My name is _____________.
I write to seek your assistance in addressing the growing problem of property owners and/or their agents conducting illegal evictions.
This practice is unlawful and problematic at any time, but has even more significant economic and public health consequences during the current state of emergency.
I believe that educating police departments and their personnel about law enforcement officers’ legal duty to protect tenants from illegal evictions would go a long way towards curbing this unlawful practice.
Although tenants are currently protected, except in certain circumstances, from physical removal from their homes under Governor Edwards' Executive Order, many landlords are increasingly resorting to “self-help” eviction, through illegal lockouts and / or tenant utility shut-off.
I have not yet retained, although I have spoken to, legal counsel.
I have also, through social media and direct contact with the parties responsible for these offenses, been unsuccessful in receiving any response whatsoever from either management, executive corporate officers, nor from that one of four major Hotel Chains in the world, Wyndham Hotels Corporate office.
I therefore have no other choice, and with this initial email to you gentlemen and ladies.
I am inaugurating the contact to state, local, legal, advocacy groups, for myself to provide necessary service to other displaced, disenfranchised members of the public who may be less fortunate than myself, and who may require even more immediate assistance regarding the defying of eviction moratorea
as well as help for those like myself whose unlawful eviction has already occurred, where I find myself months later writing to you from a hotel adjacent to the one from which I was unceremoniously forced out (no explanation, no court order, no writ, no advance notice, no infraction or incident report or complaint, fully paid in advance, a resident of this resident hotel for the past 10 months)
I also write to you for investigation as to the current disposition of LA law in my efforts to seek reinstatement into my legal domicile and to be made whole as to the immense financial and emotional and mental strain and hardship this abrupt action has caused to me and my family.
Just as importantly, I think it should be an imperative for those affected to immediately contact their local police department when this happens, so that they may retain access to their homes, or regain them.
Without public, police, landlord, residents, managerial, education provided as to the current status and definitions of the groups and sub-groups which exist, made clear, for similar but differentiated applications of the law applying, making it difficult to navigate without cohesive knowledge and contextual enforcement -- hopefully clearing up people's limited awareness -- and sadly some people's attempt and intent to defy the law through illegal action -- as my eviction -- which because of its timing, during the Holiday, which conveniently found its guests unaware and unprepared to defend themselves against the rogue actions to which I found myself subjected, by staff member of whose decision there was no countermanding, nor appeal, as perpetrated against me, under whose protection I was, and am still entitled, as provided and assured under current applicable orders,
recently extended by POTUS and Director of CDC, LA Governor John Bel Edwards, specifically regarding BRPD December 27, 2020 assisted "self-help" eviction, enacted by agents of Baton Rouge, Corporate Blvd., Richmond Inn & Suites, with 'special circumstances' of providing malicious and false report to BRPD (in my case from Hotel Maintenance staffer, Mike's report),
(something which a police officer should have been aware -- a State and Presidential mandate, signed into law in March 2020 -- renewed this year),
which would have protected a 10-month, extended, residential guest (me), from unlawful, spontaneous, perpetration onto a paid-in-full, in-advance, Christmas command, with no paperwork or explanation for me to quit (no 'quit or pay' -- more like, 'quit or else') during State of Emergency, in defense and for the protection of the population, of which the pandemic, only yesterday presented Louisiana with 2,500 new cases, but which the scheming, opportunistic conspiracy of General Manager Trudi Veals, and her three-titled employee, Mike, under no stated authority, and by no provided decree, I answered, and was informed, after hearing me stipulate my intention to contact SMC Hotels Group, VP of Operations, John Holmstrom (obviously unsuccessful) -- to which he responded, and did threaten and command with implied authority of, at least, BRPD Officer, a guarantor, for me to vacate as ordered -- out of my 'home'.
With last-minute scramble and transportation from my mother, whose health he had also needlessly, recklessly compromised (this sub-managerial, self-professed Marshall, representing SMC Hotel Group, and ultimately Wyndham Hotel, and their Trademark Collection's ownership).
I will never quit my pursuit of his and his General Manager's prosecution, either criminally, or civilly, where they did set out for almost a year to deprive me of my civil rights.
And as today makes one month since being forced out for unknown, racist redistribution, or personal reasons, most easily recognized by the uxorious, petty quality of their crime, as well as its demeanor and acumen, which has been shown by them and exactly alike by their corporate entities, whose dismissal of my communications unacknowledged, social media -- they roll the dice, hopeful that it just goes away.
By sticking their heads in the sand, it will only become more severely explored and invasive, entreating any or all agencies under whose more than a few shameless crimes during disasters, it would seem, Katrina would have brought for the century to an end, but which I find, in a vacuum, all types of vermin from rocks to restructure derelict hotels and return them to profitability by any means necessary, insuring new guests -- this is the price they must pay to stay.
As explained below, such conduct contravenes law enforcement's legal obligation to protect tenants from landlords who are committing disorderly persons offenses.
Sincerely,
_________
Tenant Signature
Date Signed
I am your tenant living at: _________________________________________________________________(Address).Like I have lost income due to the coronavirus pandemic. I am doing
everything I can to find work and financial assistance. I have done all of the following [include what you have done like: applied for unemployment, engaged social service agencies for emergency assistance, applied for other benefits, applied for X number of jobs, etc.]
_However,I am still struggling right now. I may not be able to pay my rent in full on time in the coming months.
I would like to work with you to establish a reasonable rent repayment plan so you will get rent and I will be able to keep my housing. I would be happy to meet (by phone, video call, or another platform, or over e-mail) to discuss options for payment. You can reach me at this phone number or e-mail address: _
I understand that more assistance may become available to landlords and tenants. I will apply for any programs that are available to me.I really hope we can work together through this difficult moment. I look forward to hearing from you.
HOTELS, MOTELS, GUEST HOMES
WHEREAS, on March 9, 2020, through Executive Order No. 103, the facts and circumstances of which are adopted by reference herein, and a State of Emergency throughout the State due to the public health hazard posed by Coronavirus disease 2019 (COVID-19); and
WHEREAS, to further protect the health, safety, and welfare of residents by, among other things, reducing the rate of community spread of COVID-19, the Governor issued Executive Order (2020) on March 21, 2020, the facts and circumstances of which are adopted by reference herein, which established enhanced social mitigation strategies for combatting COVID-19; and
WHEREAS, the Governor issued Executive Order (2020) on March 21, 2020, the facts and circumstances of which are adopted by reference herein,
finding that unitary management is essential for coordination needed during an emergency, and invalidating any county or municipal restriction imposed in response to COVID-19 that in any way will or might conflict with any of the provisions of
Executive Order, or that in any way will or might in any way interfere
with or impede its achievement or the achievement of Administrative Orders issued as authorized by the Governor’s Executive Orders;
Retaliation
Retaliation against a person who files a complaint or participates in an investigation is prohibited by law.
Please notify the investigator if, during or after an investigation, you believe that you or someone else has been retaliated against for participating in investigation.
NEWS
Residential Evictions: What Tenants Need To Know - UPDATED January 2020
JD Supra
The state order permits a hotel or motel to evict a “transient guest or seasonal tenant.” Longtime hotel and motel residents, along with many others, are not considered “transient” or “seasonal,” however, and therefore remain protected from eviction under the Order.
In general, residents cannot be evicted if they “have no permanent housing to which they may safely or lawfully return and live at a hotel or motel on a continual basis.” Under Administrative Orders
2020-08 and 2020-09 (issued by the State Director of Emergency Management on April 4 and April 24, 2020), the following hotel and motel residents are generally protected from eviction:
those who are part of state initiatives aimed at getting people out of group shelters;
those supported by a governmental housing assistance program;
health-care workers who need a temporary place to stay;
homeless people;
individuals affected by domestic violence; and
those staying in hotels or motels in compliance with a court order.
National Housing Law Project
landlord shall not “evict” the tenant from residential premises. See 85 ... that the CDC order does not prevent landlords from filing state court eviction lawsuits: ... clarity to this definition, though does employ the terms “hotel rooms” and.
Why The CDC Eviction Ban Isn't Really A Ban: 'I Have Nowhere To Go'
NPR
When she started to fall behind on her rent, her landlord filed an eviction case. Enlarge this image. Tiffany Robinson at the hotel in Bridge City, Texas, ...
CDC Eviction Moratorium and FAQs
IN.gov
hotel, motel, or other guest house rented to a temporary guest or seasonal tenant as defined under the law. • What tenants are covered by the CDC ...
I-Team: Confusion Over CDC Eviction Ban Could Leave People Living In Motels Homeless ", " CBS ...
CBS DFW
The CDC moratorium called for a temporary halt on residential evictions to prevent the spread of COVID-19. The order does not cover “any hotel, motel ...
Frequently Asked Questions on CDC Order Halting Evictions - SLLS
Southeast Louisiana Legal Services
The CDC order also does not apply to evictions from hotels and motels. What tenants are covered? A person is a “covered person” under the order if ...
Overview of National Eviction Moratorium
National Low Income Housing Coalition
Extending the CDC eviction moratorium provides ... or not individuals living in hotels, motels, or renting guest homes are protected from eviction.
CDC Orders Freeze on Residential Evictions Until December 31, 2020 - Lexology
Lexology
Hotel rooms, motel rooms, and homes rented on a temporary or seasonal basis (such as a condo rented for a one week vacation) are not covered by the ...
--------
National Hotel Chain Baton Rouge Property Agent
Did Order DIY Order with Poverty of Judicial Writ and Through False Report to Baton Rouge Law Police Official During Nationwide State of Emergency Act as Representative for Richmond Inn & Suites, Issue Oral Command
for Guest to Vacate Dwelling in
3-Hour 'Quit or Evict'
Ultimatum on December 27, 2020, During Fully Staging Coronavirus Pandemic, Under False Imperative By No Authority and with No
Explanation, Documentation, an Unauthorized, Hazardous Order through Intimidation
To Richmond Inn & Suites 10-Month Paid-in-Advance-in-Full Hotel Guest (Me), GM Trudi Veals,
in absentia,
SMC Hotel Group, Vice President John Holstrom; Wyndham Hotels Trademark
March 13, 2020,
Donald J. Trump,
President of the United States,
declared nationwide emergency
"[e]viction moratoria"
CDC Eviction Order at 85 FR 55294
Direct,
Order,
and
Callously Cause Significant Endangerment to Citizen and Deprive Citizen of His Right to Protection Against, and in Violation of Federal, State, and All Mandated Agents, Bodies, Unknown Disposition of Public Health Crisis Resistance, under
Order, Rule,
Law;
WHEREAS,
the CDC has further stated that "[e]viction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition. They also allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19.
Furthermore, housing stability helps protect public health because homelessness increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19."
Baton Rouge Hotel Chain Sub-Managerial Agent Without Lacking Required Judicial Writ and Through False Reporting to Law Enforcement Official During State of Emergency Did Act as Representative RICHMOND Inn Suites by Various Oral Commands on Behalf of and Claim Authority to Issue 3-Hour 'Quit or Evict' Spontaneous Holiday During Current Coronavirus Pandemic Command to Vacate Dwelling Under False or Illegal Authority By No Explanation, By No Documentation Unauthorized Hazard by Intimidation to 10-Month Paid-in-Advance-in-Full Hotel Guest (Me) en absentia by GM, Trudi Veals a Wyndham Hotels Property Franchise, SMC Hotel Group and without Authority of VP Guest Relations, John Holstrom; furthermore in Contravention and Craven Disregard and Dereliction, Violate with Special Circumstances Additional Penalty and Flagrantly Imperil With Malicious Force, Direct, Order, and Cause Significant Endangerment to Citizenry of United States of America and / or Deprive Citizen His Right to Protection Against in Violation of Federal, State, and All Mandated Applicable Agencies, Bodies, an Unknown Disposition Against Public Health Crisis Declaration of Nationwide Emergency Order, Rule, Law; March 13, 2020, Donald J. Trump, President of the United States, declared nationwide emergency "[e]viction moratoria" CDC Eviction Order at 85 FR 55294
"
