Kenmore Hall Criminal Landlord

Racketeer Influenced Corrupt Organization

11. Upon Information and Belief, The Organization also known as Kenmore

Associates a.k.a. Housing Services Incorporated is a Racketeer Influenced and

Corrupt Organization (RICO) as defined by the Racketeer Influenced and Corrupt

Organizations Act, Title 18, United States Code, §1961-§1968. "Kenmore

Associates" a.k.a "Housing Services Incorporated" (hereon in referred to as the

Rico or petitioner) claims to have stolen (without consideration (Nudum Pactum) to

taxpayers or the Treasury Department) a $100,000,000.00 building by fraud,

bribery, unlawful past, and future implied and actual considerations to Politicians

and Public Servants and/or Blackmail and Forgery in order to swindle taxpayers of

one of their most valuable properties. Innumerable Predicate Felonies as qualified

under said RICO act were, are and will be committed by the RICO in and on an

ongoing basis. These Predicate Felonies include, but are not limited to, Medicaid

(not even a licensed provider) and virtually every other State, Federal, City and

Private Program, Fraud. As Predicate Felony, the RICO is violating the State and

Federal Constitutional and Civil Rights of Lawful Tenants in the building referred to

as Kenmore Hall. Tenants (including respondent) are treated as Chattel Slaves in

violation of the Thirteenth Amendment to the Constitution of the United States.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Petitioners treating of Tenants as Chattel does not in any way extend to any

responsibility for or interest in their Life, Liberty, Pursuit of Happiness, Mental or

Physical Health, Quiet Use and Enjoyment, etc, but merely as Objects necessary to

loot innumerable Government and other "programs" (or pograms). As Predicate

Felonies, the RICO, through Blackmail, Intimidation, and Strong Arm Tactics, forces

vulnerable, elderly, differently abled, and/or health compromised Tenants into

Fraudulent Medical Experiments, (see Josef Mengele (Nazi SS-Hauptsturmführer)),

to create unlawful revenues for petitioner, these "experiments" conducted in full

view of other Tenants and the Public in the lobby of said building in order to Harass

and successfully create fear in Tenants and to show that they can. The RICO staffs

the building exclusively, except for two ex detectives, with Violent and Drug Felons

and ex-cons, for obvious reasons.The alleged landlord/managing agent, Lawrence

Oaks is a convicted Drug Trafficker and Amir Elhadide (Building Superintendent)

was convicted of Attempted Murder on a woman. As Predicate Felonies, the RICO

Terrorizes and commits Acts of Terrorism and War on Tenants in violation of

International Law, and Federal, State and City Laws, Regulations, and Rules via

"mysterious deaths" a.k.a. Human Sacrifice/ Capitol Murder which are never

autopsied or investigated, but instead covered up. The Attempted Murder/Home

Invasion and Coverup of Chake Baghtedjian, a petit elderly immigrant, in her

former apartment, 5F, on July 12, 2004, by staff Felons, occurred minutes after

Lilian Mateo/Linda McAndrews admitted to ordering Serial Home Invasions on

tape, in possession of respondent, and on their orders. Ms Baghtedjian was taken

by ambulance by petitioner to one of their facilities in the Bronx, apparently in

coma, Illegally Evicted and kept incommunicado (Kidnaping (Federal Crime)) to

this day except for her Niece, unaware of the Proximate Cause of her Aunt's

Trauma. Admittedly Ms. Baghtedjian made a complaint to HPD resulting in still

open violation #4090511 and refused to participate in the RICO's Criminal

Pograms on Tenants. Nevertheless, to the respondent, this does not seem to reach

the legal threshold to commit said acts on a Lawful Tenant. A FOIL request for

information in this was denied by the NYPD on appeal (#06PL100336).

12. Perhaps, to the respondent, as the grandson of a former Police Captain and

currently employed as a Civil Servant, the most egregious and abominable act(s)

of (Predicate Felony) corruption involves the usurpation and "pimping out" of the

brave and hardworking employees of the New York City Police Department a.k.a.

New York's Finest a.k.a. NYPD. Through deliberate and malicious misinformation

and considerations, past, present and ongoing, the RICO has thwarted

investigations of crimes committed against Tenants by the RICO andeven their

reporting thereof. On June 6, 2005 at 11AM, after respondent arrived home at 7AM

after working at 14 hour day, a fact known to petitioner, Linda McAndrews and

others attempted a Home Invasion/Burglary/Constructive Eviction/Unlawful Entry

without notice, agreement, or legal cause, of respondent's residence. This was

prevented by respondent, though understandably sound asleep and sans apparel,

with the help of metal gates held against the door for that purpose and counterforce

Amendment IV: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath
or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

On July 11, 2005 respondent, in his Civil Service uniform and on his way to work,

went to the local precinct, Precinct 13, to report the instant crime and was thwarted

by Officer Catherine Weissheier, who apparently has a relationship with and/or

promises and/or conveyance of past, present, and/or future consideration(s) from

Linda McAndrews. This event was reported to the Internal Affairs Bureau of the

NYPD (case #05-16077) and the Civilian Complaint Review Board, who, because

of the egregious nature of the complaint, referred it to the Chief of Department of

the NYPD (case # OCD 200507136) and currently under investigation.

Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

13. False arrests of Tenants and Tenant Leaders occur on an ongoing basis and

are based on the Perjury, deliberate misinformation and Fraudulent Complaints

and for the purpose of denying the Constitutional, Common Law, and Civil Rights

of said Tenants and all Tenants via Unlawful Incarceration and meant to Harass

Oppress, Subjugate and create fear. These False Arrests include, but are in no way

limited to, Tenant Leader Sal Martinez (20i), and Tenants Larry King (17C), Andy

Hall (519), and Xaviere Sinclair (12P), but admittedly not the respondent, as yet,

who has never been arrested. The RICO uses the local Police Precinct (#13) as

their personal private security force, while denying law abiding Tenants any

remedy as to law, especially as to crimes committed by petitioner. The leverage

over the relevant Police Officers and/or Detectives include the promise of and/or

actual hiring of, the promise of and/or delivery of "medals" and/or "awards" by the

RICO and all other possible and actual considerations for these Civil Servants to

do other than their sworn duty. It is well know that the Politicians in the RICO's

pocket, including those, but not limited to, whose names are on the front of said

building, create fear in and performance from said NYPD employees to "do the

right thing" i.e. what the petitioner wants.

14. The subject building was seized lawfully (and is in fact still owned by the

Federal Government) on June 8th 1994 under 21 USC 881 (b) (Asset Forfeiture

Law) due to evidence that then owner Trong Dihn Tran allowed rampant illegal

drug and criminal activity to persist and exist throughout the building. The Main

Case Docket is 94 Civ 4148 of which a copy of the U.S. Marshal's 'Kenmore

directives' is annexed hereto as Exhibit 'A'

15. The Warrant issued for the Lawful Seizure gave all specific details of the

reasoning and causes necessary to support the Government's 'take over',

illustrating numerous actual drug cases and arrests indicative of rampant drug

activity thereat. At the date of the actual Seizure of the Kenmore, eleven (11)

persons were arrested for alleged illegal drug possession/sales, along with a small

cache of drugs and an inoperable gun. Previous to the Seizure there was the tragic

murder of an elderly infirm female Tenant in her apartment, just like with the RICO,

the difference being this case led to justifiable public outrage, the Seizure, and an

arrest. The case of Ms. Baghtedjian was reported to the Authorities (by Tenants)

and is being "investigated" by Detective Reuther of Manhattan South Homicide

Task Force and Lieutenant James Hanvey of Detective Borough Bronx with as yet

no arrest. Harold Williams is the head of "Kenmore Security" and an ex Homicide

Detective with many Detective and/or Homicide Detective Friends, draw your own

conclusions. Former Homicide Detective Williams owns a security company called

Distinguished Gentleman's Investigations (DGI) who's license was revoked by New

York Secretary of State Randy Daniels for reasons including hiring at least six ex-

convicts (for crimes including Rape and Assault), 22 who had their applications

rejected by the State, and 47 who never submitted applications. Many of these

individuals worked at Kenmore Hall and it was reported to the New York Post that

DGI agents brazenly used illegal drugs on the job and threatened tenants if they

reported them (see exhibit c). The other ex-Detective working at Kenmore Hall, Dan

Danaher, formerly worked at the local Precinct (13) and continues to visit that

Precinct on an almost daily basis (see exhibit) while on the clock, presumably

performing some value or consideration for the petitioner. There are over one

hundred Precincts.

16. Claire Haaga Altman, Putative "owner" of the RICO, an Attorney, performs

separate Tax and Government subsidy scams involving the putative "enterprise"

also known as "Olive Leaf" and is considered by respondent as Part and Parcel of

the Instant RICO. Ms. Altman, whose current and/or former husband committed a

Homicide during an Assault, upon information and belief, is currently under

investigation. "Olive Leaf", whose status as a non-profit and/or for-profit could not

be determined (Both?), as well as "Kenmore Associates L.P. and/or Housing

Services Incorporated", upon information and belief, in fact are not duly and/or

properly registered with the appropriate authorities and/or the Internal Revenue

Service as required by Federal, State and City Laws, Rules and Regulations. As

Predicate Felonies, Ms. Altman's "Olive Leaf" occupies prime Commercial Street

Level and other space, including respondent's Lounge, while paying no and/or

radically reduced (subsidy) non-market rents as illegal and Fraudulent transfer of

considerations from non-profit "Kenmore Associates" to privately owned "Olive

Leaf" to the pure and illegal benefit ofMs. Haaga et. al.. This illegal transfer of

considerations, assets, value etc. are not reported to or taxed by the IRS and or

State and City Authorities, as well as innumerable other scams.

Amendment XIV. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
17. As additional Predicate Felonies, on an ongoing, continual and constant
basis, the RICO enforces a "Curfew" on Tenants (11PM-7AM) and reserves and
utilizes the absolute and unmitigated and unremediable right to bar any guest,
relative, friend, or Significant Other etc. at any time. This violates Tenants Federal,
State and City Right to Freedom of Association, By various United States Supreme
Court Precedent (available upon request), as well as Federal, State and City Rights
to Privacy and First Amendment Freedom of Assembly and Speech. Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
This is the perfect method to Harass the Chattel in the most egregious possible
way. The humiliation of attempting to explain to Relatives, Friends etc. this bar on
visits to ones lawful Rent Stabilized Apartment in the "City that Never Sleeps" is the
RICO's vector into destroying Tenants interpersonal relationships to leave Tenants
more vulnerable and potentially in need of petitioners Fraudulent pograms and/or
to abandon apartment (Constructive eviction). These Jailhouse/ Halfway House/
Parolee rules should be applied to the Criminal RICO staff and the Criminals,
Felons, ex-cons and Addicts the petitioner willfully brings into building (an
additional Crime and Tort against Tenants), not law abiding Tenants, including
respondent, and by precedent and construction, all Tenants. Respondent works the
PM (Evening) shift of various hours, but approximately 3-11 or 4-12 and like most
people would tend to have guests, during the work week, after work and is
effectively barred from having visitors at least five days out of the week (respondent
works weekends). As to days off or mornings when respondent usually sleeps, the
RICO reserves the right to deny any guest at any time for any reason, and is
additionally used to Harass and Humiliate and embarrass "uncooperative"
Tenants. Additionally, if through begging, bribery or propitiousness, a particular
guest is potentially given favor for admission through the august RICO's area of
egress a Rube Goldberg gauntlet of requirements, lectures and orders and
violations of privacy ensue. The RICO, in violation of Federal, State and City
Constitution, Laws, Rules, Regulations and/or Charter, not limited to but including
the Interstate Commerce Clause and The Uniform Commercial Code, bars delivery
of packages etc. to Tenants, including but not limited to UPS, Fed Ex etc.. As
recently as June 31, 2006 RICO staff told a UPS deliveryman that respondent had
moved (see exhibit D). For a number of years respondent had to reroute deliveries
to MailBoxes etc. (see exhibit), causing additional delay and expense to
respondent by petitioner, as was their intent. For these and other enumerated and
unenumerated reasons, respondent has withheld "rent" and made various lawful
entreaties in order to seek remedy, and which respondent believes will only occur
with a duly appointed jury of peers.
Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
18. As additional Predicate Felonies, upon Information and Belief, the RICO and/or
their staff engage in Massive Identity Theft for the primary purposes of profit,
Harassment, and Leverage. Illegal, Unwarranted, Unnecessary, and Dangerous
amounts of Personal, Private information regarding Tenants and their guests is
accumulated and amassed to be used and distributed and sold to the Tenants
detriment. These distribution points include, but are not limited to, the NYPD (for
additional Considerations) and other Government and/or private agencies, and
Criminal individuals and/or Organizations (other than the instant RICO). On two
occasions Housing Bureau Police (Public Housing), while doing a building wide
warrant sweep, at 6AM awoke respondent looking for a Criminal using
respondents name, but of vastly different appearance and finger prints. The source
of the stolen identity was the RICO and/or staff. Petitioner requires, for those guests
it deigns to allow entrance, a specific type of Government Identification that is
demanded and if produced is held for the duration of the visit, during which the
Personal Information is photocopied and kept for various illegal purposes
(Predicate Felony). The Rico "lost" respondent's brother's Drivers License which
was returned over a month later. During previous visit of respondent by
respondents sister, brother-inlaw and 10 month old nephew, two of whom
respondent was meeting for the first time, the RICO bared the visitors from
accessing respondents apartment, for various purported "reasons" such as an
alleged one visiter at a time "rule" and lack of "correct" Government Identification for
nephew, which admittedly was not in their possession. The fourth floor lounge,
ostensibly provided for this very purpose in Certificate of Occupancy, was locked
and/or occupied by "olive leaf". This left the "Medical Experiment Center"/ Public
Lobby to conduct the Private Visit/Introductions. As the final brutal Harassment of
respondent and his relatives, when Finnian Aengus Church started to spit up, as 10
months old are wont to do, the only bathroom in the lobby and thus potentially
assessable to mother and child was affirmatively bared by the RICO, creating a
potential medical emergency and/or deliberate homicide of said child and
immediately ending visit. To this day, respondent's sister is too afraid of the RICO's
staff's barbarous Harassments/Criminal acts against herself and her son to again
visit respondent at his lawful address despite adjurations on respondents behalf.
19. As Predicate Felonies, the necessary means, and/or "business model", of and
for the RICO's ability to execute various 'scams', as a "Poverty Pimp", requires and
installs Criminals, Violent Felons, Crack and other addicted newcomers, ex-
inmates from Prison Early Release Programs etc. , creating horrific conditions and
crime and maximum Fraudulent Gain to petitioner and maximum loss to Lawful and
Law Abiding Original Tenants and Taxpayers. This Gimmick/Tort/Scheme/
Harassment is likely well know to many or most New Yorkers over preceding
decades as an Unlawful Method for Criminal Landlords to empty a building of Rent
Stabilized or Controlled tenants without Due Process of Law (Innumerable Court
Precedents available upon request). The difference in the instant case is that
petitioner found a modus operandi wherein as their appanage they could and
would and have Fraudulently taxed various pograms for the dubious distinction of
bringing their anointed Criminal and/or Incompetent newcomers to New York's and
the Continent's most expensive neighborhood (Gramercy Park). The amount of
Crime and Crime Rate in the building is higher than when owned by Trong Tran
due to the hundreds of Criminal, Violent Drug Addicts, Felons, and other Disorderly
Individuals willfully and purposely brought into the building, whereas Tran was
merely indifferent. A FOIL request on this was blocked but recent crimes on
Tenants by other 'new' tenants (not the RICO but often with connivance,
foreknowledge, license,and in the interest of) in the building include, Murder (of
Henry Midgett by drug dealer Richard Williams, employed by petitioner), loan
sharking, Assault, Robbery, Prostitution, and Drug Dealing.
20. The conditions in Kenmore Hall are so horrendous and egregious as to
constitute additional Predicate Felonies, as well as other violations of Federal,
State, and City Laws, Rules and regulations by petitioner . Literally Hundreds of
open (unfixed) DHPD violations, including two in respondents apartment
(Violations ID # 4957755 & 4957757) since May 2004 and remain willfully
unrepaired as part of harassment and violation of implied Warrant of Habitability.
In the stipulation in a previous court appearance respondent agreed to pay, and
did in fact pay $3,250, if petitioner would would repair violations and other
conditions by Licensed Plumbers & Electricians as required by law (see exhibits F
G). This stipulation was unperformed by the RICO, who at every opportunity
attempted and did in fact use Unlicensed and Undocumented Staff who willfully
destroyed plaintiff's bathroom (Retaliatory Eviction). Staff, instead of making
repairs, created a large hole in respondents bathroom, which was covered with
plastic and became a vector for vermin, as was their desire. After numerous
importunings and many months, a deliberately inept restoration was undertaken
(see photos), which resulted in a grout or cement substance all over said bathroom
and when respondent at that time requested a repair of the leaking toilet it was
instead damaged to were it continuously flushes. Respondent in order to stop
tremendous wast of water and noise keeps toilet float ball raised and flushes toilet
with the water from the tub that will not drain. The same Unlicensed and
Undocumented staff, while snaking a pipe in a different apartment, damaged
respondent's bathroom sink drain, causing a significant leak when used.There is
also considerable lead paint and potentially fatal mold from upstairs leak. The
apartment has not been painted since the Major Capital Improvement of 10 years
ago (the law is every 3 years). Upon information and belief,The RICO interferes
with landline phone service by means of Tap/Tampering/Taping. This was reported
to respondent by Verizon Employee Philip Surachi (VID # 682) on December 23,
2003,who said that two jury rigged illegal taps were on phone line in basement
room assessable only to the RICO staff, causing numerous instances of no dial
tone, up to five days at a time. Respondent neither owns nor possesses a cell
phone. During the most recent phone outage during May-June 2006 (5 days) on
June 6 a Verizon Technician (VID # GIG), visiting said basement room in order to
check for tampering, was bared and told he would need to give at least one days
notice and make an appointment in order to remove illegal devices a priori. No
battery operated smoke detectors have ever been installed in said apartment in
violation of NYC Administrative Code §27-2045, 46, instead a hard wired optical
monitoring device running on alternating current was furnished. During any
blackout or electrical interruption to building or apartment has and will fail and a fire
is presumed more likely at at that time due to possible use of candles matches etc.,
thus the reason for a battery requirement.
d. The occupant of a dwelling unit in which a battery operated smoke detecting device is provided and installed pursuant to this section shall reimburse the owner a maximum of ten dollars for the cost of providing and installing each such device. The occupant shall have one year from the date of installation to make such reimbursement.
Hot water is sporadic (see exhibits).