Victory

Stop Bozzuto & Albanese Corp with trying to evict me illegally doing no wrong.

This petition made change with 26 supporters!


My name is Kelly Wallace, Im an Irish woman in my 40s, with a physical disability,  suffering daily with health effects from intentional noise pollution, hate crimes, victim of electronic harrassment, stalking, personal injury, etc. 

Several men and women are violating town ordinances, town codes on noise and the quiet hours policy of a tenant contract, at Wyandanch Village Apts.

The Albanese Organization and Bozzuto Corporation are a billion dollar corporation that have rentals all over the USA. They own Wyandanch Village Apts. Miss Wallace is on disability income and not working. The landlord is in breach of a lease with Miss Wallace, by allowing neighbor's to do unatural loud noise to walls, ceiling, floors, neglecting the tenant's right to peace quiet enjoyment of her home. 

The neighbors also violate a quiet hours policy that is 10pm to 7am. They invade privacy daily, and use devices and equipment that listen to my calls, watch me in my home illegally. 

I contacted a surveillance company in Queens, NY and described the bang, and shot type sounds in apt and the clicks, crunch, echo, breathing on my phone and they said your apt sounds bugged. They said they have 20+years of experience and i could either buy a $300-500 detector and scan my own home or hire them for $5,000 to do sweep of apt for hidden cameras, microphones, etc. They said the neighbors could buy cheap equipment on Ebay to do the hacking of my phone. 

Marijuana smell and another chemical (unknown)were sent into Miss Wallace's apt vents more than 20xs in 2 years, making Ms. Wallace feel very sick & dizzy, in a non smoking bldg, violating the lease and town fire code. 

Constant, excessive, severe noises and shot snap type sounds are done to ceilings and walls at all hours, every day. This has created extreme pain, stress, anguish, sleep loss,ear infections, tinnitus, body shake, heart shock, other health effects.

Miss Wallace looked for a doctor to help her with advocacy. She has no mental illnesses and is an honest, quiet person. Seth Farber Ph.D, a psychologist and author from NYC, believes Miss Wallace is being discriminated against and targeted unlawfully, violating her civil and tenants rights.

Dr. Farber asked the landlord, Bozzuto Corp. to do certain accommodations, under ADA law, as a medical necessity, for Miss Wallace, as a physically disabled person, on February 10, 2019, to help resolve the noise pollution, but they haven't. 

In addition, the neighbor's noise, about 10 to 20 motorists are under the neighbor's direction, setup to bring their cars, pickup trucks, SUV's, Leer, underneath Miss Wallace's windows of bedroom and living room on Park and Acorn Street daily. They have remanufactured motors, exhaust, and mufflers that sound loud, rageful, above normal decibel levels. The driver's noise pollution sends sound and air pressure into my ears, causing earache, ear infections, tinnitus, body pain, shock to heart, cns, terrorizes, invades privacy, business calls, work from home and disturbs the peace. 

The neighbors have banged on my walls at day and night 1 to 2 years and do setup controlled shot snap sounds to my ceiling and walls, nonstop daily, plus the drivers noise at windows, caused an infection in my ears with redness, swelling, pus, and hearing loss, for 3 weeks, a few mths ago. I called Ramola D and asked her for advice because the swelling had not gone down after 2 weeks and I was worried i might have permanent hearing loss. She spoke of herbs that fight infections and could use as ear drops. 

I went to City MD, Urgent care clinic in Plainview, NY and the doctor put drops in my ears and certain foam plugs that i had to wear, a RX for an antibiotic, antibiotic ear drops. It wasn't healed till 3 weeks later, it was red, swollen,yellow pus from inside the ears, very painful and I was nausea, felt like i had a fever. I couldnt hear out of my ears. It hurt to move my head and body due to the pain. 
 
I called the mgmt office at the apt complex and spoke to Anaya receptionist telling her about my infection and hearing loss, the neighbors noise, needing a transfer out of my apt, but got no help. I never had an ear infection in my life and never had hearing loss! And the antibiotic didn't work fast and it took 3 or more weeks to go away. After this, I still have on and off ear infections and constant tinnitus.

The Landlord Albanese filed a small claim against me on October 27, 2019 and I have a court date Feb 10, 2020 with a warrant for eviction. I feel to upset, and traumatized to subject myself to appearing with criminals and the game they are playing. I don't want to be a part of this because I did nothing wrong.  I filed a complaint on discrimination vs landlord, with nys division human rights against the landlord, but could still get evicted while waiting for my complaint to be resolved. Human Rights Investigator told Miss Wallace the drivers can be ticketed by police for disturbing the peace, which is a traffic law, level 1 misdeameanor. But police have not done this. 

She dialed 911, 852-cops many times, the Town of Babylon 311, Suffolk County Executive's office, DA, first precinct police, police commissioner, Legislator Gregory, Attorney General NYS Letitia James , NYS civil rights dept, Governor Cuomo's office, Disability Rights NY and filed grievances.

She filed an online grievance with the NYC 311, website( only for NYC residents). NYC 311 has a complaint form with a category of loud noises, car part noises, and a map to put in the location of noise. You are given a ticket number that gets sent to NYPD, which automatically gets the location and type of noise. Suffolk County 311 and Babylon do not have this option for suffering residents. Miss Wallace felt it was a good feature to allow her a way of validating that "noise pollution" "exists" and is considered a real health & neighborhood problem by NYS and Doctors.

Dr Farber Ph.D. sent a letter to Wyandanch Village Apts asking for an accommodation, under ADA law, for another apt for Miss Wallace to transfer to and they didnt. A second letter was sent asking the landlord & Town Supervisor, Rick Schaffer for an accomodation under ADA law, to resolve the motorist's noise campaign. He requested a quiet zone sign(with possibly a handicapped symbol on it)be created, to designate the area as a quiet zone from 7pm to 7am. 

The Wyandanch Villahe plaza of stores closes around 8 and 9pm. A security guard from VIP security, Lynbrook, was hired to keep non residents out of the plaza after dusk and any loitering. The security cannot ticket the drivers, and its the responsibility of the Town of Babylon Code Enforcement and Police. Any ticketing has not stopped the drivers. A sign could help stop the noise and benefit a disabled person and other residents at night. 

Miss Wallace spoke to a woman, Amy of Town Development Dept of Babylon, who tried to help with ideas of a sign, but within a few days suddenly left her job. Jarrod Whittaker, a regional director of Bozzuto called Miss Wallace "belligerent", not believing her about the neighbors noise, trying to make Miss Wallace's grievances sound not valid or imagined. 

Several colleagues of Miss Wallace wrote letters to the landlord, vouching for her credibility, and asking them to stop the neighbors noise and give her another apt, but they didn't. A Disability rights attorney Sarah Smith also asked Mr. Whittaker to accommodate Miss Wallace with another apt. They stated they had no available apts at that time. 

Miss Wallace met a couple who moved into the complex in Summer 2019 and was upset to hear this, waiting to get another apt to transfer to. 

Miss Browning of the Babylon Town office spoke to Dr Farber and insulted Miss Wallace's character as if she was mentally ill and lied to the doctor, claiming Miss Wallace lived on a main highway, when she didn't! Dr Farber assured Miss Browning that Miss Wallace was a sane person, with credible grievances of noise. That the Babylon Town Supervisor, Rick Schaffer had an obligation to enforce their town ordinances and put up a sign for Miss Wallace, according to a federal ADA law.    

George Canary, a developer at Albanese Organization was contacted a few times about the neighbors and the drivers noise. I left a voicemail for Chris Albanese, one of the owners about the drivers noise and needing a sign put up, no return call or response. 

They have not put up a sign as Miss Wallace suffers and they continue a court case against her, risking eviction Monday Feb 10, 2020 and lowering her credit score. She has done nothing wrong living there. It it is not a he said she said case. Miss Wallace has been setup by neighbors hired to lie, make noise, provoke reactions, responses daily, to try and force her out of her own illegally. This is discrimination by the Bozzuto and Albanese corporations and hired criminals who belong in prison.

2 days after Dr Seth Farber, Ph.d. spoke to the office of Town Supervisor Rick Schaffer, asking for a sign to be put up, the landlord Albanese, Bozzuto, WR Communities LLC and their lawyers McGuire, Pelaez & Bennett P.C. posted a wrongful termination notice and other papers to Miss Wallace's door. They filed an eviction case against Miss Wallace with perjury, as an illegal retaliation. They are "defaming" her character, name and integrity. 

A neighbor has been seen with 2 keys to 2 apts. Miss Wallace claims several different people claimed they were tenants in 2 apts next to her, and are lying. She indicates that trespassing occurs and has caused severe stress when she has to go out. The landlord ignored requests to change her locks. Theft occurred and files, personal items were gone through,with damage to certain items.

Neighbors indicate to her, they see her in the apt and on her phone and internet. Her phone gets interference, remote control of the keyboard, graphics, harrassment ads, prank calls, prank texts, graphic images,clicking sounds etc.. 

She contacted the NYS Division of Human Rights for discrimination based on disability, income, and the negligence of doctor's requests. She is looking for an attorney to take her case against the Landlord and Town of Babylon for not enforcing town ordinances, not putting up a sign, ignoring the lease and ADA law, creating discrimination, illegal retaliation, defamation & personal injury. She states she has done nothing wrong in the apt, no crime, with rent and bills always paid.

Here is the doctors letter:

  Seth Farber, Ph.D.
172 West 79 St
New York, N.Y. 10024
                                  646-707-3693

10/31/19

To whom it may concern:

I am a psychologist, an author and an editor of The Journal of Mind and Behavior.
 
I am writing about Kelly Wallace, who is a client and a tenant at Wyandanch Village, apt 521. She also worked with me as a colleague on civil rights advocacy. 
 
Kelly is a sociable and stable person who shows great resilience in dealing
with the problems of living.  Kelly has no mental illnesses—she is basically a warm and trusting person. She is a quiet, honest, sometimes shy person who is very considerate of other people and shows great concern for her family members.

Kelly tells me that–since February 1, 2018-- her neighbors (both in 522, 523, 421) have been banging on the walls and ceilings at all hours of the day and night.  Kelly has been discussing this with me for months now. It puts quite a strain on her physical health and emotional well-being.
 
She has told me many times that when they bang on the walls, it wakes her up between 11PM and 7 AM (quiet hours policy in the lease), it hurts her eardrums and it causes nausea.  She has suffered from insomnia, sleep deprivation and trauma–as a consequence she has had to cancel appointments and missed holidays with her family.
 
She does not know why the neighbors bang on the walls, but it seems as if they are trying to bother her or force her to move. The banging also causes her bed to vibrate, causing her body to ache. 

I support Kelly’s request to be transferred to another apartment. She is a physically disabled person and this transfer is a matter of medical necessity.  The law requires that accommodations be made to Kelly’s disabilities. Even a healthy person would have trouble withstanding the harassment to which Ms Wallace has been subjected. But considering her physical disability, it is imperative that she be transferred as soon as possible before there is serious damage to her health.

On February 10, 2019, I sent a letter to Adina Miller, a leasing agent at Wyandanch Village Apts. Ms. Wallace tells me she spoke with Adina Miller and Marianne Baum about a request for Kelly to transfer to another apt, as a medical necessity. She was told there were no available apts at that time. She would be given notice if an apt opened up. 

From 2018-2019, I called the Wyandanch Village management's office a few times, on behalf of Ms. Wallace. Around August 2019, I spoke with Marianne Baum, a manager of the property, who stated that Adina Miller no longer worked for the company and that I would have to resend the original request for a transfer on behalf of Ms. Wallace. 

In September 2019, Kelly was told by a leasing agent Sahara, no apartments were available. She was told new buildings were built on the property, and an apt might be available in January 2020. In addition to this, Kelly was told the leasing company was doing a housing lottery for the new apartments and could apply.
 
Kelly tells me that–since February 1, 2018, that she is constantly plagued by excessive noise due to vehicles that have remanufactured parts and thus are very noisy. Kelly's apartment is in building #40 on Park Drive, Wyandanch NY 11798. The noise is on Park Drive and Acorn Street. Kelly has investigated and determined that the drivers are being directed to do a noise campaign against her. She tells me that there are over a dozen cars- the same cars-- that repeatedly drive on Park Drive beneath Kelly's window and Acorn Street, several times a day, every day. The noise is having an adverse affect on her health and quality of life.
 
She hears this noise in her bedroom and living room. It hurts her eardrums, causes headaches, nausea, stress and interferes with her sleep. She is shocked awake by noise at least 2 or 3 times a night. She could see a cardiologist to determine if it has had deleterious effects on her heart.

The constancy of the noise day after day has interfered with her daily living, her work (done from home) her business phone calls. Kelly suffers from an autoimmune disorder, which lowers her threshold for pain. But even a healthy person would have trouble withstanding the noise level and harassment to which Kelly has been subjected.

The American for Disabilities Act requires that measures be taken to accommodate people with disabilities. Kelly is a disabled person—she receives SSD for an autoimmune disorder.  Because of her disorder the noise pollution poses an even greater than normal risk to her health.  It is a matter of medical necessity that action be taken immediately to rectify the circumstances leading to excessive noise.

Furthermore, I refer you to Babylon Town Code 156-1 and 156-8 156-The former states: “It is hereby declared to be the policy of the Town of Babylon to prevent excessive, unnecessary, unreasonable or unusually loud noise.” And 156-8 states: “No person shall make, continue or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public.”

Fortunately, there is a simple action the Landlord and Town could take that could mitigate the problem. Kelly told me that a manager of the Suffolk County Executive's Office 311, told her in mid-September that she would call the Town of Babylon, and request they put up a quiet zone sign on Park Drive, next to Kelly's apt.  To date this has not occurred. 
 
On  October 18, 2019. I sent an email letter to the Town of Babylon. I received no response. On October 25, 2019, I spoke to the secretary for the Town Supervisor, Rick Schafer. I sent an email letter to their office and left a voicemail message on Rick Schafer's cellphone. I have not received a response yet.

I am writing to support Kelly’s request that a quiet zone sign be posted, until a transfer can take place. 

If any further information is needed please feel free to contact me.

Sincerely,

Seth Farber,  Ph.D.

Confidentiality notice...this petition and any attachments (photos, videos,recordings,documents) are private information from the petitioner and this petition is my opinion and facts. This petition is public access for viewing but with the only purpose of getting support of signatures and a resolution with a Judge or landlord. Anyone can sign who supports my credibility, character, integrity and with the focus on stopping an eviction process. It is not for any malicious intent or fake signature or for any governmemt agency , military or law enforcement to use save copy publish without my consent. It is not to be copied and used in any article, media, or without my consent. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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