Tuesday, June 05, 2012

My Debtor-Landlord & How I was thrown on street by court

Summary- how the Hawaii Court does not and cannot protect my basic Civil Rights:

1. I paid my May 2012 rent in full on May 1st that included Utilities.
2. The Electric to the Penthouse Apt was shut off on May 1st 2012 by the AOAO
3. I waited 1 week for the matter to be resolved by my landlord.
4.  I filed a complaint in District Court May 8th about an Illegal Utility Cut-off due to tenant to which there should have been a decision.
5. Hawaii Court Commenced a hearing on May 16th and continued the hearing for June 6th to which there should have been a decision made sooner by the Hawaii State law.

Recovery of possession limited (TURNING OFF UTILITIES) - Section 74.5. The
landlord shall not recover or take possession of a dwelling unit by the willful interruption
or diminution of running water, hot water, or electric, gas, or other essential service to
the tenant, except in case of abandonment or surrender.
A landlord who engages in this act shall be deemed to have engaged in an unfair
method of competition or unfair and deceptive acts or practices and subject to penalties
under 480-3.1 in addition to a minimum penalty of three times the monthly rent or
$1,000, whichever is greater. (from website:  http://hawaii.gov/dcca/ocp/landlord_tenant/landlord-tenant-handbook.pdf  on June 3, 2012)

6. Since the hearing the litigation in the building between my landlord and AOAO made it unbearable for me to stay at the Apt without electricity. Also, there was a neighboring Electrical fire on morning of Friday the 18th of May that woke me up.
7. My lease was terminated due to legalities.
8. I moved the last of my things though my person could not live at the Condo/Apt building any longer.
9. Since The court made no decision and I was unprepared for such disruption to my life that involved intense conversations & litigation research, I was unable to prepare for another move on short notice
10. And, The AOAO turned the Electric back on after my lease was confirmed to be terminated.
11. So, I'm basically on the street since there are few if any persons who can help in an agreeable way.
12. Basically, it's like the court threw me out on the streets without consideration and I am being preyed upon for prostitution purposes;- or my safety is severely compromised. I refuse to live in a Homeless shelter since my freedom is regulated and will be further compromised.

13. Further hearing for the matter takes place in US Bankruptcy Court Hawaii in mid July when that court has time for hearing for my Motion to lift Automatic Stay so that the District Court can proceed on the Matter which should have been expedited in May. After Tomorrow's June 6th Hearing Date I have to make a request for the hearing to be continued till the Lift of Stay hearing has occurred. 
14. There are laws that should be protecting my rights, even under Federal Bankruptcy Procedure;- I feel it is the Judges Failure to recognize and pay heed to these laws that I am suffering out on the Streets (in a manner of speaking).