In the event of my death, let this document stand before man and God as my true and accurate testimony: in the hope that no man will ever again be abused, dismissed, abandoned, and retaliated against in Disaster Recovery, simply because he/she is different and has special needs.
NYRising Complaint XXXX
I, XXXX let this document speak for me on this, the 23rd day of January, 2015. NYRisingProgram/NYRecreate Acquisition Program XXXX
This COMPLAINT is filed against NYRising, NYRising Community Reconstruction Program, NYRising Buyout and Acquisition Programs, NYRecreate, The Office of Storm Recovery, The Housing Trust Fund Corporation (HTFC) and New York State Homes and Community Renewal (NYS HCR) and its Office of Community Renewal.
This is my documented Record of egregious conduct and Intent by all of the above named parties, directly and indirectly, to Harm me, Limit me (and my heirs) Impede and Prevent me in pursuing my legal Rights; and Deny me Due Process; and of Acts and Actions by the aforementioned parties, their Directors, Counsel, Contractors, Consultants and Agents, to deliberately, with collusion and forethought, to Deny me my NYRising/NYRecreate Program and Constitutional Rights; to Deny me Due Process; to Interfere with Due Process; to Act in Bad Faith; to Manipulate me in Program Process, Procedure and Appeal; to Misrepresent, Manipulate, Abort and Deny my Right to and/or Outcome of Appeal; TO ATTEMPT TO BREACH MY VERIFIED ACQUISITION CONTRACT OF SALE, USING THREATS, HARASSMENT, COERCION, UNDUE INFLUENCE; withholding information; entering into a Bad Faith Contract of Sale; Breach of the Implied Covenant of Good Faith and Fair Dealing.
And to Discriminate against me on the basis of my Disability; Discriminate against me By Association; Refusal to Provide Reasonable Accommodation in Programs and Services; continuous Denial of Responsibility to Implement Federal Disability/ADA/Accessibility Statutes, Standards and Requirements; Compelling me to Submit to an “Access Inspection” of my gutted, Substantially Damaged house by four Contractors (by their own report) with absolutely no qualifications in Access, Barrier Removal, Disabled Renovation, ADA Statutes, Federal Access Technical Requirements; and Retaliation because I pursued my Right to be treated like a Disabled Individual in Programs and Services and requested that the Programs and Process comply with Federal Disability Statutes.
Refusal of Equal Access to Programs in NYRecreate Acquisition/Buyout Program, while affording it to NYRising Repair/Renovation Applicants; Failure to produce, comply with and implement Internal Disability
NYRising Complaint XXXX. (XXXX)) Page 1 of 12
Policy and Procedures to expedite Disabled and Special Needs applicants through the system (This paperwork was a requirement for all companies to provide during the Bid Process.)
I was held to a different standard because of my Disability and because I requested Federal Statute Protections, and judged by a different Standard in Program Implementation, specifically in the Appeal Process and the documents I was required to submit: Subjectively, Judgmentally, with Bias, by Program Directors.
I was told that the Appeal Board evaluated the Certified Letter and Retroactive Independent Appraisal in increasing the Acquisition Offer amount (following submission to the Appeal Board of the Certified Letter and Retroactive Independent Appraisal). There were no other intervening factors. However, the entire amount increased by the Appeal Board following their consideration of my Access Documents, is now under threat of being arbitrarily withdrawn.
I hold a verified NYS Acquisition Contract of Sale dated October 3, 2014 with a Closing date stipulated to be November 2, 2014 and a purchase Price of $XXXX. NYRecreate refused to Close on schedule, even though I have consistently notified them over the last year that there was an urgent medical need for closure. NYRising/NYRecreate is attempting (3 1/2 months after the Contract of Sale was vetted and verified by two New York State Boards, signed by New York State) to Breach that Contract of Sale and reduce the sale price determined by the Appeal Board in Albany after completion of a lengthy Appeal Process (during which I was required to have written by professionals several reports not required of any other applicants), to reduce the Contract of Sale amount by $45,000 by threatening to throw me out of the Acquisition Program without cause if I do not immediately sign an Amendment terminating my right to execution of the existing legal Contract of Sale: I am being forced into signing papers to modify my Contract of Sale by threats, undue influence, and against my will, and forced to make statements that these coerced actions are voluntary when in fact they are not.
In the event I am forced to sign a Contract Amendment or any other paper Under Duress, I state here that I did not sign voluntarily, without being terrorized, threatened, harassed and coerced, for a prolonged period of time and slandered repeatedly to those who tried to help me, by Directors of NYRising/NYRecreate, threatened with homelessness, bodily harm because of my medical condition, by being thrown out of the Acquisition Program without cause.
I do not give up my legal rights, my liberty, nor do I agree to any limitations placed upon me by threat, coercion and duress. I do not agree to any change in my legal verified Contract of Sale or give up my right to have the original Contract executed as it was written and signed by me in good faith of my own volition on October 3, 2014.
NYRising Complaint XXXX (XXXX) Page 2 of 12
All aforementioned parties are responsible directly or indirectly for the bad faith actions, threats, coercion and extreme duress, and Denial of and Manipulation of my Right to Due Process in the NYRising/NYRecreate Programs and specifically in the Appeal Process, and in execution of my verified Contract of Sale, personal injury and for placing me in medical jeopardy.
I affirm that directly because of and inclusive of the above noted acts and actions, I sustained significant financial, emotional and physical harm.
I hold these statements to be true and accurate.
Respectfully, XXXX, XXXX, NY