The Supreme Court in New Mexico banned evictions and this moratorium is still active allegedly for all households in its territory.
The Federal Government banned evictions until July 30, 2021 for all tenants residing in the US (eviction moratorium).
I proved in our last trial, the tenancy issue(s) alleged by Anna Lopez and Kelly Obeso were resolved prior to the filing of case T-4-CV-2021-000921.
Judge Sedillo dismissed the prior Writ of Restitution case, filed by the same party, on Wednesday, April 08, 2020 at 9:30 AM thus proving the (legal and/or practical) issue(s) Anna Lopez and Kelly Obeso working for Pacificap Management (PMI) on behalf of the Sawmill Lofts were falsely making against me had been successfully resolved and they had no legal reason to continue filing evictions against me. This record was conveniently pulled from the online search function sometime in the last week, however, I have a copy of the dismissal record in case #T-4-CV-2020-005151.
There was no reason cited for the third eviction only a defamatory statement made by Ron Tucker that, “He prays Judge Sedillo evicts me.” It came out in the Trial, they did not have a legal reason and/or any rational grounds for the filing of their third Writ of Restitution against me.
Refusing to renew a lease based on discrimination is illegal. Discriminating against a tenant in the State of New Mexico for race, gender, familial status and being a victim of domestic abuse is illegal per HUD fair housing laws.
Off-the-record (un-documented) reasons given by Lopez and Obeso for my eviction:
1. There were fees on my ledger from Capstone at the time they (Pacificap Management) took over management of the Sawmill Lofts due to alleged non-payment of utility obligations.
2. There was a single domestic dispute near this date with the father of my child (not on the lease agreement, never lived in the home) where I had asked management to call the police as the father of my child was harassing and growing toxic towards me at his scheduled exchange.
3. “Hearsay” and gossip from other tenants that Lopez and Obeso were angry about my in-home daycare. When I asked why, it was generally determined that they were “jealous” of me for having a successful business while their own real estate careers never amounted to anything and they were therefore, bitterly working in Property Management (not my words, I do not know these two nor do I care). The other rumors included the fact that Obeso and Lopez were angry at me for being “white” and did not believe I should be allowed to rent an affordable unit even if I did go through the same leasing process and determined eligible to rent per the laws governing LIHTC affordable housing per the prior management company (Capstone Management). I have since learned that both women are Hispanic. It is further noteworthy, that I do not know of another “white” individual nor family that Obeso and Lopez leased to at the Sawmill Lofts during my tenancy and I also observed other “white” non-elderly or disabled tenants with 30 day notices pinned to their doors prior to being forced out of my home.
4. Kelly Obeso claiming that I called her “stupid” and was “un-friendly” only after she had filed a false Writ of Restitution against me. Furthermore, I never called her “stupid” at any point, I called her “incompetent.” Upon cross-examination and requesting a general date/time for allegedly calling her “stupid,” she said she did not know. Upon asking her for proof that I called her “stupid” she once again stated she did not have any. This was one of several times she acted out in hostility and clearly perjured herself under oath. Her and Lopez admitted to extreme and pervasive landlord harassment solely on the grounds that I was not “kind” to them only after they attempted to evict and harass me out of my home and business (three times). Judge Sedillo added that they did a great job getting rid of tenants “who are rude to the property managers.” In our case, the landlord harassment was initiated and carried out entirely from Lopez and Obeso towards me. Not a shred of evidence has ever been provided nor does it exist to prove that I initiated ANY negative encounters nor do the facts of the case at all support this and excuse me, I was the “tenant”, they were the “landlords,” my child and I were discriminated and illegally thrown out of our home and business, not vice versa.
5. One of several “stunts” Tucker pulled and the Judge allowed in our last trial was a fake lease (I checked the one he provided earlier in the case and they do not match) claiming that there was a “clause” stating daycare(s) are not allowed at the Sawmill Lofts. I also proved my in-home daycare income was stated as a means of income at the time of leasing, with a statement, “I will be transferring my license from Las Cruces, NM to Albuquerque, NM.” I have a date and time-stamped record of this communication and document which Sedillo and Tucker were provided over a year ago in addition to a mountain of other evidence that was not considered before Sedillo awarded Plaintiff’s discriminatory Writ of Restitution against me.
My rebuttals:
1. I provided Lopez via email a record of every payment for my utility obligations per the lease agreement since the date of move-in thus proving the fees on my ledger from Capstone were illegitimate. The email record of this was also provided as an exhibit in this case filing, prior to the issuing of the Writ of Restitution.
2. After this single “domestic dispute” which was never formally written-up against me, however, Anna Lopez did come by my home and therefore I knew she had witnessed it some time around February of 2020, I immediately filed a Motion with the Family Law courts and exchanges from this date forward took place away from our home, thus I effectively resolved this “alleged” problem without even being directed or ordered to do so. Furthermore, evicting a tenant for being a victim of domestic abuse is illegal in the State of New Mexico.
3. This is the first time, aside from our last trial, that I have even mentioned this in my public forum as these two are clear and obvious criminals racially profiling their innocent victims and it makes me utterly and completely sick that they are not locked up and barred from working in affordable housing. It is obviously not my fault and completely beyond mine and my daughters’ control that their real estate careers did not amount to much, I have no control over my Race or Gender, I have the god given right to have a child and I have the right to not be abused and/or harassed by a scorned ex in my home. Once again, Judge Sedillo with opposition from his buddy, Ron Tucker refused to acknowledge Race, Gender, Familial Status and being a victim of domestic abuse as legal grounds for protections against being illegally targeted, harassed and evicted three times by your landlord during a global pandemic.
4. Obviously, I never called Kelly Obeso stupid. I defended myself against three illegal eviction(s) filed by Pacificap Management (PMI) working on behalf of the Sawmill Lofts and did my best to keep my home and business while being a victim of illegal discrimination and harassment in housing.
5. I questioned the validity of this magical lease agreement including where Tucker got it as I did not lease from Obeso and Lopez nor Pacificap Management (PMI) but rather from Capstone Management nor was this clause included in the lease I signed and Obeso, once again, failed to answer the question directly or reasonably. I told Sedillo on several occassions she was clearly a hostile witness and he allowed it without any correction let alone punishment for committing obvious perjury and/or refusing to answer questions from the opposing party which I don’t know, I thought was mandatory in a trial setting after you are sworn in. Furthermore, it was already proven that Ron Padilla from Capstone Management had approved my in-home daycare business as this was indicated as a source of income at the time of leasing in addition to email correspondence between us.
Here was Judge Sedillo’s verdict after a three-hour trial allegedly solely for my $10,000 counter-claim:
Discrimination is legal in the State of New Mexico as long as it is not a “protected class” including the elderly and disabled. Discrimination on the basis of race, gender, familial status and victims of domestic abuse outlawed by HUD – perfectly acceptable and if property managers do this and bring the eviction case to his courtroom, they will be rewarded and the Discrimination victim punished (in addition to the severe losses and damages they have already suffered).
The Federal and State ban on evictions due to the ongoing Covid-19 pandemic is not legal nor valid and he will rule against it in his courtroom. He even had the audacity to call out another Judge who ruled in favor of the eviction ban in the second eviction filing against me. I had also proven that my rent was current even though Lopez had attempted to evict me for “non-payment of rent.” (See past blog posts). Hmmm, could the filing of the third Writ of Restitution be retaliation for her loss in the second eviction? Ding, ding, ding, it does not take a rocket scientist to figure this out yet Sedillo rewards criminals, why? and why is no one doing an investigation into this, he is clearly needlessly contributing to the homeless problem in Albuquerque, NM thus personal gain is likely a significant factor.
Corrupt Property Managers such as Anna Lopez and Kelly Obeso from Pacificap Management will be praised for their criminal activity in Sedillo’s courtroom including attempting to put an innocent family on the streets instead of doing their job: depositing rent checks, making sure the grounds are safe and maintained, refraining from harassing and discriminating against their tenants.
Here is the law: if a Property Manager has a problem with a tenant, they provide a statement of the “issue” to the tenant. The tenant than has the opportunity to “correct” the issue. If the tenant does not respond nor correct the issue, ONLY at this time does the property manager have the legal right to file an eviction against this tenant.
In my case, the only proposed issue, “late fees” left on my ledger due to unmet utility obligations from the previous management – Capstone – had been resolved per email correspondence, Lopez’ own testimony and the initial Order of Dismissal issued by Judge Sedillo on April 8, 2020 at 9:30 AM. I, in fact, sent Anna Lopez a bank statement of every bill that I had paid since I moved into the Sawmill Lofts and she confirmed receipt with an acknowledgement that she would correct my ledger and thus affirmed this dispute was allegedly over. In court, she changed her story to “I refused to pay $70,” and the Judge allowed it even though there was a clear record of deposited payments in excess of this amount after this time.
Yes, in market rate, private housing when the landlord does not renew the lease, the relationship is over. I would hope that this only applies when there is not a Federal and State ban (moratorium) on evictions but even still, this does not apply to me as I was approved for a one-year lease in LIHTC affordable housing at the Sawmill Lofts which automatically renews “unless” there are legal and/or extreme and/or any grounds to file a legal eviction against the party which we all know the Sawmill Lofts did not nor do not possess.
Upon signing a one year lease and being approved for affordable housing in the City of Albuquerque, the law states, the lease automatically renews for the following year and it is the responsibility of the Management to provide all documentation requested by the housing agency. Kelly Obeso and Anna Lopez had already decided they were not going to lease to me as proven by an Eviction filing, is anyone buying the lie that they made any attempt to collect and obey the law in regards to legal LIHTC lease renewal? Furthermore, once again, I voluntarily supplied changes in income to Kelly Obeso at the time the changes were made, thus they had the information and could have easily renewed the lease and/or affirmed my continued qualification in the LIHTC housing program.
The bigger issue is this, homelessness in the City of Albuquerque is a devastating problem. I am nearly brought to tears taking a drive by Downtown parks and the amount of tents and average looking folks obviously occupying these parks as they have no where else to live. The shelters and assistance programs available to struggling families have waiting lists a mile long with very little hope of even an “unlivable” unit for their families. Not to mention, apartments have no vacancies as many of the local landlords are following the eviction laws in place (private and low-income) and the few listings and/or open homes available to lease have rents in extreme excess of HUD guidelines for fair rent in the City of Albuquerque. How can one really turn a blind eye to what Sedillo, Tucker, Lopez, Obeso, Pacificap Management (PMI) acting on behalf of the Sawmill Lofts have done to me and my now four year old child? This was her home too and the income from my Registered in-home daycare business hers as well; both were coldly and maliciously stolen from her.
How long are you going to look the other way and pretend that Judicial corruption in Albuquerque is not a problem? That the homeless deserve their punishment as they are drug addicts and low lifes? That they do not want to work and therefore deserve to be homeless? I just pray that while you are looking in the other direction and victim blaming, your innocent family is not targeted and run out of your homes in the same fashion my innocent child and I were.
100,000 projected evictions in the State of New Mexico (a majority in Albuquerque) once the State moratorium expires. God bless Albuquerque, trust me, you desperately need it. I just pray that all of the above are afforded the same treatment they have ruthlessly and maliciously given to my young child and I for merely being white females renting an affordable home in Albuquerque, NM.
