Today, this letter was sent to 44 elected officials, New York State Senate, Attorney General, Catt.County Sheriff, and the news. Please pray we reach the people who can change everything. We have $3.44 left, no further hotel stay, we are faithful, however, that God has got our back. No one ever won a war 'in the middle' of it. Please sign our petition, please donate and offer a bit of relief, donations on our website are instantly available. Thank you
All,
There is nothing more infuriating than being 'right', especially when being 'right' is challenged by the very people who have been given the direct responsibility to enforce the laws that were designed to protect us. Maybe the new laws outlined in The Tenant Safe Harbor Act; the Hardship Declaration; The Emergency Rental Assistance Program; The Cares Act; or the common sense 'act' of forcing a family into homelessness on a 'cannot evict on a Saturday act'; may need a mandatory overhaul to every officer in the State of New York Trooper Barracks; The Cattaraugus County Sheriff's Office; The Town of Yorkshire Court; Legal Aid of Western New York's attorney/expert in tenant law; and the property owners who invest their rental properties to the people in the 'Acts' referred to as 'tenants'.
Every word of what I am going to write to you is true, with overwhelming proof available, that I, Aubre' Michelle Murphy, age 44, and my long-time, military veteran fiance' (I know, get married already) along with our two children, ages four and eight, continue to endure, as a homeless family for now 28 days, confined to filthy hotel rooms; which we pay for out of pocket by the people who continue to donate to our housing needs; with meals we purchase out-of-pocket from fast-food, that make us sick considering our normal healthy diets; stripped of our unshakeable faith in the law, that we are alienated, removed, and victims of a crime committed by fourteen people who watched our landlord criminally evict us on Saturday, December 4th, 2021.
We have been stalked, harassed, slandered, humiliated, threatened, and now, unlawfully, illegally, with brute force by a man with a crowbar, gun, and badge, criminally evicted us while the police agencies aforementioned ignored our rights and new law 738 to stop an eviction that was not legally allowed to continue. The statewide moratorium protects us until January 15, 2022; we have an approved ERAP application and submitted our Hardship Declaration to the court, our complacent legal aid attorney, and by certified/signed letter to our landlords, dating August 4, 2021. Our instructions, provided by any number of New York State websites that cover tenant evictions states "your landlord cannot evict you for nonpayment of rent' and 'cannot evict you without a Sheriff" and "cannot evict you until after the Moratorium' and 'cannot evict you, even if she does not want the money available in ERAP' and "cannot evict you on a Saturday' and 'cannot adopt our service animals to another family' and 'cannot change our locks, shut off our utilities, cannot TOUCH our belongings inside the rental, and cannot then move her son into our house less than 48 hours after we were told by the five officers in our driveway to 'supply our landlords with our Hardship and ERAP" and we would be restored to our home. YET, the only thing that was done, when we repeatedly told the "town constable' who DOES NOT work for the Yorkshire Court in this capacity, (Joseph Neamon is a Bailiff and Animal Control)we repeatedly told the State Troopers Unit 4A43 and 4A44 and the Catt. County Sheriff's Office Deputy Scherer that what they are doing is illegal, showing them our Hardship and ERAP, quoting Section 738 that any law enforcement helping to carry out an eviction is in fact also committing a class A misdemeanor and instead 'must stop the eviction' as we are protected by several acts; they all, in unison, disregarded our rights, forced us to leave, and witnessed the 'animal control officer smashing our door with a crowbar, doing nothing. Why? Because the landlords provided them with a letter, from Judge Lynn Guertin, addressed as "Greetings, Catt County Sherriff's Department" but,I was told the Sheriff's Office would not assist. We also had a letter, but I just assume since 98% of landlords win evictions, we were assumed wrong. WHat's that saying? 'Let's put all the liars in one room' that would be what I described as the courtroom at the Town Of Yorkshire, where we were not even told we had a court; set up to fail; regrettably leaving our fate in the self-acclaimed expert of tenant law, Jefferey Reed of Legal Aid of Western New York to forget he could win a UNLOSEABLE case of evicting people for the nonpayment of rent. Instead, he lost, he did nothing to appeal afterward, and he refused to respond to twelve emails and eight phone calls begging him to help us with appealing this illegal warrant of eviction. Not only did a legal aid attorney quit his job, the night he lost court, but he ignored me up until a week ago when he sent me a classified ad for a low-income apartment complex. He was paid by grants to represent us, all he did was participate in our unlawful, gross, and reckless entrapment to leave our house. We were not evicted, we were tricked into leaving, told 'not to worry' since we "have the only key to the house' and we 'can return tomorrow' to then learn, they changed the locks immediately and then moved us out, shut off all our utilities, placed our service dogs in a kennel with Joe Neamon, and then moved their son in. Did I mention some of our belongings are still inside? All of our groceries, too? And, our Christmas gifts, oil paintings, our entire lives, all left behind, given less than 30 minutes to pack what we "needed for the night" which would become all we had for the next month. We've had to replace our coats at Salvation Army, use a local program for our boy's Christmas experience, and two weeks ago, right before Christmas, we lost a child to miscarriage. The amount of loss we have experienced in the last 28 days pales in comparison to the echoes of what could have been; you have to do something, why should it get worse for us? I was reminded by one of Rose Franklin's friends that this can be worse, that we should lose our children considering what they have to endure. Well, we lost one of them, so I completely understand that statement.
Lynn Guerin prepared a letter to the Catt.County Sheriff's Office; taped it to our door, readying our driveway for their successful ambush, covering all their basis to our claims that 'they cannot do this' A letter?! What letter? (See attached) We were never served by a Sheriff with an eviction; in fact, when I contacted the Catt. County Sheriff's Office we were told our address was NOT in their eviction database and to ignore the letter we received. We were told our landlord called the Sheriff's office asking for their assistance and the Sheriff's office told them "not to do it" and "they would not assist" but there is an age-old saying that to NOT make a choice, is making a choice, and to watch our family be pulled out of our home of three years, with two small boys alongside us, told we would be restored with 'proper documentation (which we showed them all) tells me they have no proper training and this letter to you is necessary, so we can be restored to our home; finally.
Our son turned 4-years-old in a hotel lobby, their Christmas was provided in room 514, and since, our funds are depleting, we are living in a hotel we are suffering at; afraid to go outside; without any privacy; and an impending date of January 4th, 2022 that we must pay to continue living here or leave. We have no money, nor should we be required to raise it, will any of you please tell the others this entire event was done illegally? And, demand the proper authorities retrieve my family, remove the new tenants, and proceed legally against anyone who allowed this event to occur. If one more person tells me this is a 'civil matter' one more time, without telling our landlord the same, I am going to lose what is barely left of my fighting spirit. We all know what was done was wrong, on the fact it was a Saturday period, besides all other counts of disregarded acts and new law 738. We were never served by a Sheriff with eviction papers, we are not on the Catt. County eviction addresses and we are protected by several acts. I will furnish to you, our Hardship Declaration and ERAP application, which was given to our attorney at Legal Aid of Western New York on July 30, 2021;l see attached. I will also attach the tracking numbers and proof our landlord lied in court when she said she never received it. And, I will give you the LINK HERE that shows this man with a crowbar at our door. you can hear him clearly say "she does not want the money' referring to ERAP- if I have to tell you that we are protected by eviction bans even if she refuses to cooperate with ERAP; then maybe the training aforementioned should extend further than the list I've provided.
On the court documents, you will notice we are referred to as "Jane Doe and John Doe" this is a direct threat to our lives and refers to our 'toe-tag' when she "burns the house down with us inside'. Why else would someone who knows our names refer to us as 'Jane Doe and John Doe'? Why would the court allow us to be named Jane Doe and John Doe? We were warned by our landlords they are "friends with the Judge (Lynn Guertin) who on August 6, 2021, (per court transcripts) denies me the protective rights, our civil rights, to an adjournment and says "the Moratorium does not apply to us" and allows Rose and Gary Franklin, our landlords, to evict us on August 6, 2021, in a Moratorium? That case was dismissed, but not because of any 'Act'; it was dismissed on improper service of court documents, which was then repeated again, but ignored. We were NOT evicted, we were told to seek shelter until our documents were given to Rose Franklin, and since she continues to deny ever receiving them, we ensured she was given them on December 5th, 2021, by providing them via email to the animal control officer/bailiff, Joe Neamon, who said he gave them to her, asking if we can be restored until the new year, to which she said 'NO'. Is it not his responsibility, under the same laws we know to be true, supplied by the Governor, the President, The State Attorney General, and others who claim to stand by these laws, that he is to immediately STOP the eviction, no matter what stage it is in, and restore us to our property? So, what happened?
That's the wrong question, as is 'why us' or 'what did we do wrong?' and my favorite. 'when can we go back home, mommy?' as well as 'where are our doggies?" Did I mention no Sheriff ever touched our belongings? Our landlords took it upon themselves to rifle through our property, taking photos of our belongings, and even decided to keep our refrigerator amongst who knows what else, we had just gotten groceries too they took our service animals, two dogs, and placed them in a kennel, which I find to be a gross conflict of interest that Joseph Neamon is all three a town constable-for-hire, the animal control officer, and the bailiff? The same man who smashed two of our glass door entrances is now the mediator to how we can retrieve our belongings? and he adopted our animals to another family, when we asked he give them to someone we know? He sold our animals to the highest buyer. The text messages to us from Joseph Neamon are taunting, mocking, chilling, and wrong, at one point he says, "you're not getting your dogs because your wife is a liar' -I will attach that too.
Someone, please make a move. No, we cannot go back in time, we can only make steps forward. We want you to follow the letter of the law and restore us to our home, rightfully so. Once inside, we can assess the damage, we have carried an insurance policy the entire time, which, by the way, does not cover us in a wrongful eviction. We will CC" them on another complaint. Speaking of complaints, yes, we have filed a judiciary complaint, and one with the attorney general, whose office apologized to me, told me what needed to happen, and gave me great advice to contact ERAP and see what they want us to do. ERAP management and I will quote. tells us to "contact the Sheriff's office to accompany us and MOVE BACK IN' because the property was taken without proper eviction laws and practices. Also to contact internal affairs of both the NY State Troopers and Catt County Sheriffs Dept. to file complaints and site the new law 738 which they all broke. Sounds good to me.
BUT, I contacted my Catt. County Sherif's office just prior to this email and Deputy Scherer who called me back said 'the eviction is over' and refused our request to be restored to our home. We disagree. He also tried to convince me this is a civil matter and they do not get involved, ..... I wish that were true on December 4th, 2021, when we entered into homelessness for the holidays.
I want to go home. I want to hold every person who disregarded, underestimated, and ignored my family's rights to be disciplined and held to the highest penalty of the law; not the wild, wild west laws like that of Judge Lynn Guertin, but the actual laws that many of you in this email designed to keep families like mine out of the way of the ever-spreading Corona-virus, with which we are in danger of contracting while homeless, in our now 5th hotel, illegally suffering because no one believed the wretched truth of an evictee.
We are not bad people; we ran out of money; holding fast to our elected official's word that if we applied for Hardship protections, applied for ERAP, that we would be safe from filthy hotels, expensive runaround, and we would be believed when we said cannot be evicted. I've contacted the President, Kathy Hochul three times, and have left 134 messages for help through 2-1-1, every shelter, every service provider, and yet here we sit, terrified our belongings will be thrown away (according to Joe Neamon's text to us on December 31, 2021, that states our things will be taken to the dump if we don't move them out of our landlord's BARN by the 4th. To all of you reading this, or maybe your assistants, our back is against the wall. we have no more money, and we should not need it, we want to be restored to our home. a home where for three years we've raised heroes for children, where our lives were shaken by constant threats to burn our house down, with Joe Neamon as a hired town-constable, paid by our landlords to threaten to arrest us, to mock us, to taunt us, serving us at 11 pm, honking his horn for over an hour, ruining our children's concept of 'home' as our 4-year-old says 'the house with the broken glass' when referring to the place we've made our home for three years.
Step up, step in, show us the tandem between real people and elected people exists in a positive way; without us being on the receiving side of injustice and officers who do what they want to; courts who can disregard what you want them to do, I exchange for their friendship to voters. Our family has done more than create raise complaints, whining, and begging; we actually have an idea for reform; our petition has over 100 signatures and simply solves homelessness in families who face eviction by making it illegal to create it. If you would simply make CREATING homelessness illegal, landlords will give a damn about what actions they are taking. We also believe you should create a law that places Social Services in control of evictions, and not judges, attorneys. and police; the programs you've funded will be paired properly BEFORE a family has entered a terrible cycle of emotional trauma, financial destruction, and unmeasurable fury, found in being 'right'. Let us all be right, just, and prepared, when a family stops paying rent that they have the support they need by properly trained individuals, I will be the first to apply for this job; I dare anyone tell me what is legal about tenant law that I don't hand you a book on it; literally.
I can be reached at 716-333-0781, should God speak to you and encourage your powerful control that we believe you still have. Thank You for taking the time to read this in its entirety and taking immediate and direct action to put our family back in our home.
Sincerely,
Aubre Murphy & Joseph Marlette
#homelessfortheholidays
#dosomething
#townconstablesshouldnothavecrowbars
#fightbabyfight
#itsUSorTHEM
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