DIAMOND HEAD LEILANI CONDOMINIUMS    |    THOR WHITE, SITE MANAGER    |    HONOLULU    ,    Hawaii 96815    Landlord Complaint 23-3799

11 MARCH 2014 FROM: ADIN & KIMBERLY-JEFFREY ONG 3030 PUALEI CIRCLE #107 HONOLULU, HAWAII 96815 (808) 371-0574 (808) 840-3445 TO: ELITE PACIFIC PROPERTIES REX MATSUO 4211 WAIALEA AVE #106 HONOLULU, HAWAII 96816 (800) 315-3898 TO: KRISTIAN BRADSHAW LANDLORD, CONDO #107 TO: ASSOCIA HAWAII CHERYL FRANKLIN, ACCOUNT EXECUTIVE ARNOLD MATSUSHIMA, ACCOUNT EXECUTIVE PACIFIC GUARDIAN CENTER, MAUKA TOWER 737 BISHOP ST. #3100 HONOLULU, HAWAII 96813 (808) 837-5231 TO: THOR WHITE, SITE MANAGER DIAMOND HEAD LEILANI CONDO Thor, I received your citation dated 03 March 2014, “Only patio furnitures and plants are allowed on lanais”. Let me explain: A week prior to 03 March 2014, someone from above was washing something (their car, the sidewalk?) and got our rattan furnitures that we were storing in the back lanai all soaked. To top it off it started pouring down rain, so we had to move the rattan furniture up front, where there is sun. Sure enough it rained again. And again. Everything up front, the furnitures, shoes, astro turf carpet is still soaking wet even until now. You wrote us a citation on 03 March 2014. Even if the the furniture were dry, we still couldn’t move the furniture back to the back lanai because the glass sliding door entrance had been frozen for over two weeks. The door will only open no more than 2 feet. We could only enter sideways through the opening. Rex was notified earlier in the week although he could not meet us until Saturday morning. He contacted the repair men, and they arrived on 04 March. The day after your citation. You can verify this time of events with Rex Matsuo. Despite all the issues we’re having, we are very mindful about making sure that none of the items were visible from the outside. We make efforts to keep items below and hidden behind the brickwall that borders our front lanai. There was no way passers-by can see the rattan furnitures hidden behind the wall. Which brings me to my point – THE ONLY way you can see in is if you deliberately peek inside. Yes, you are a tall man but the wall is above your eye level. I know because I can only see the top of your head when you walk by our condo. There are limits to your privilege as apartment manager. Peeping into our home at your whim is definitely out of bounds. There are laws against this type of activity: HAWAII LAW STATES: A misdemeanor is punishable by up to one year in jail and a fine of up to $2,000. (Haw. Rev. Stat. §§ 706-640, 706-663.) Being a “peeping Tom” is a misdemeanor in Hawaii. Your constant invasion of our privacy has occurred innumerable times over the past year, meaning, you have intruded when we have a reasonable expectation to be left alone. I attached a copy of the Federal Statutes regarding Tenants Rights. I urge you to review it. Its apparent that you have forgotten them. How else can you blatantly violate federal law, especially in regards to discrimination, harassment, discrimination & harassment of children. “A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, tenant privacy”, to name a few. In fact, your letters, citations & allegations started pouring in after an incident when you made yourself at home and entered our lanai door without knocking. You startled my wife, when she turned around and there was a large man inside our home, YOU. It was on a Sunday afternoon the week we moved in. You were still a stranger. I was at work. You proceeded to tell her what she can & can’t do, while she was still unpacking! Right then, she firmly told him, “You need to discuss that with my husband”, “don’t ever enter or home again without permission!” Eversince after that incident, you changed your tone and began treating us differently. I’m at work most of the time, and my wife & son are at home alone. It offends me that you think you have the right to PEEP into my home, often when my wife is not decently dressed just as your wife wouldn’t be in your home, nor anyone’s wife for that matter. Who can deny that people run around in their BVDs in the privacy of their own homes? Like I said this is not the first time you have done this. We have witnessed you peeping in. Our eyes even meet a few times. Isn’t once uncomfortable enough for you? Also, you have been observed on many occasions across the street at night peeping/spying in on all the condos. Why do you do that?! I have kept my mouth shut all this time because we had a year lease and we did not want to rock the boat and make it uncomfortable for ourselves. You know what? My lease is up this month! First you said the offense of drying our wet furniture up front, ALBEIT, not in plain sight, was already entered into the records. Then you backtracked by saying if it is a misunderstanding, that I should come to you. Shouldn’t it be the other way around? Shouldn’t you allow me the opportunity to explain first, and then you can decide to issue a citation or not. This is a trend with you....you assume we are guilty first, and not even give us a chance to exonerate ourselves. I am reminded by the incident when you fined me $100.00 because the person at #211 complained of harassment. You took his side of the story, without a single inquiry from us on what had ensued. Is it just because he’s an owner and we are only tenants? I could see why you would want to keep peace with them. Afterall, your rent-free housing depends on the good graces of these home owners. Let me remind you that I’m paying $2000.00/month, that adds up to $24,000.00 this past year alone, more than what you pay for your rent. You would think part of the benefit of living in a $2000.00/month 599 sq ft apartment is to be free from HARASSMENT from neighbors as well as from the apartment manager. Its far from the truth in this case, because you clearly favor homeowners over renters. You disagree? I came to your office to contest the citation/ $100 fine, and you said “I have nothing to do with it”. You claim “I just manage the grounds, I don’t get involved with all these domestic issues”. This is not the first time you gave me this song and dance. I can bring up some more instances if you choose to hear it. Rex Matsuo, from Elite Pacific Properties, beg to differ with you. I called him to a meeting two weeks ago, and he specifically said that YOU, Thor, called him directly to inform him that you were writing up the $100.00 fine. Would you dare contest Rex Matsuo’s, Elite Pacific Properties, claim? Tread lightly, if I were you, you’re about to call him a liar. Are you playing both Rex and I? Would you deny this if I called another meeting between your employer and Elite Pacific Properties? You have to decide whether you want to play the lowly grounds-keeper or the shamefully biased resident manager. You fined me $100.00 without even hearing my side of the story. As person of authority, you should weigh both sides before you make a judgement! Your feelings about us renters are irrelevant. This is a fundamental American mentality, the basic concept of equality and fairness for ALL. Did you know the man above (#211) us had been harassing my wife for two days (December 17, 2013 ) my wife drew the line the second night – when she heard from our FRONT room the man above screaming profanities psychotically, to “SHUT THE F*** UP!”, several times @ our 7 year old son who was in the bedroom in bed for the night by himself. It was just after 8pm – not the curfew time of 9pm. I presumed he was coming off of his Marijuana HIGH. We smell him all the time. The marijuana fumes waft directly into our condo. His secret extra-curricular activity is shockingly transparent to us. Austin was terrified – he came running out of the bedroom shaking, “MOM, MOM What is going on”? Austin had NOT been making any unreasonably loud noise. He was in bed for the night, reading a bedtime book. Although it might be annoying for those with no children living with them, it still does not justify TERRORIZING & SCREAMING PROFANITIES PSYCHOTICALLY at my 7-yr old boy. MY SON IS NOW AFRAID TO SLEEP ALONE! MY SON!! AFRAID!!! Neighbor #211 was very lucky I was at work that evening. How kindly would you have reacted to me THOR, if I were to TERRORIZE & SCREAM PROFANITIES PSYCHOTICALLY at your daughter @8pm – for NO reason at all. I don’t think, a big man like you, would be kind at all. And neither was my wife. She was furious and challenged him to come down, If he was man enough. Obviously he did not, he called the HPD instead. He told HPD that my wife had been threatening him – reality being that he started the attack shortly after 8pm on our 7 year old son. He then tried to to hide the fact that he had called the HPD. He specifically even told the officers NOT to come and talk with my wife, that he just wanted to have the complaint record on file. My wife could hear everything from downstairs, and she told the officers that she DID want to speak to them as well. The HPD officers were very apologetic to my wife – because it was obviously a frivolous & fraudulent complaint. The officers were very upset that his call to the HPD stemmed from a 7-yr old reading a bedtime book! But by law they still had to come and investigate. Sadly, the mere fact that HPD is knocking at your door rendered the reporting party victorious already, because now the accused (us) have to explain ourselves. That in itself is humiliating and nerve-wrecking, police car lights flashing all throughout the neighborhood, attracting attention, creating a scene by default. Neighbor #211 criminalized my innocent family, and you Thor, condoned it and magnified it by your equally frivolous $100 fine. If anyone should have been calling the police, it should have been us. Per HPD the most frivolous / fraudulent complaint calls they receive are from THIS CONDO BUILDING. And as the site manager, you seem to be condoning, encouraging and perpetuating these behaviors. Neighbor #211 parties last way past 10pm. When we mentioned his illegal pot smoking sessions, the police officers were very interested and went back to his apartment the second time to discussed this with him further. Before they left, the police adviced my wife that any infraction from him that she should call HPD immediately. Probability to convict him is much higher if he is caught in the act next time. We will gladly oblige the good officers from now on. Mr resident manager, did you even bother to get the police report from that night’s event, NO! You never verified any of the ridiculously fraudulent & frivolous claims. The fact that you charged ahead without fact-finding, and believing the skewed story that was fed to you, only made you look completely incompetent, in the end. We all know the design flaw of this building, that all sounds bounce off the walls and gets magnified and funneled up into each other’s apartments. We too, have been hearing all of their noises ALL YEAR LONG. But we have never filed a complaint against anybody, until now. Here lies our problem: we don’t complain. BUT apparently that’s how it works around here. The squeaky wheel gets oiled first. I can get you a copy of the HPD report if you want. But, for my efforts I want a formal apology from YOU. I also, want to get the name of the man who lives upstairs. In the meantime, I insist that the $100.00 fine be refunded to Rex Matsuo & Kristian Bradshaw @ Elite Pacific Properties. I am now officially, retro-actively reporting the Man who lives in Condo # 211 , December 17, 2013, for HARASSMENT OF A CHILD. We want to know…what are YOU going to do about it? Are you going to fine him $100.00 – now that you have both sides of the story? Not fining him would prove your judgment is biased and you perhaps are not suited for a position whereby the person in power is required to be unpartial and just. Speaking of upstairs, there is another woman who lives up and over from us, who also seem to enjoy harassing us, especially Austin our son. I believe Her name is AMY condo #210. She’s still at it from day ONE. On the first day we moved in she approached me with a pretense of being a friendly neighbor, but who very quickly proceeded to tell me that, we’re “not allowed to have a television in our bedroom”, and that “SEX is a NO-NO”!!! This is not even a normal conversation you have with someone much less a total stranger. You mean, to live in Diamondhead Leilani, I have to get permission even to be intimate with my wife?! Who do I ask permission from? Amy condo #210?? The audacity of some people! Another adjacent owner who somehow thinks she has more rights because she owns a unit and we are renting. I reported her to you – You too were fired up by how ridiculous and inappropriate her comments were, YOU admitted that despite her young age and physical appeal, that she’s rather odd. Thor, do you remember what you said afterwards? What you wanted to do to her? I SURE DO. For now, I will spare your family, Elite Pacific Properties, and the company you work for, the profane locker room commentary you made about this young female owner that you also serve. If you think I am bluffing, DARE ME. – I will put it on paper for the involved parties to see, including Amy condo #210. I will gladly do it. As I am finishing this letter, Rex Matsuo just called and said YOU have arbitrarily fined us another $100. This time in favor of…Amy Condo#210. Ironic isn’t it?! Amy has been harassing my family continuously, especially focusing on, Austin, since March 2013. She is constanly, SHUSHHING at him loudly, when he’s talking, playing, laughing. Even if its before 9pm. I could understand if the child is whining, and shouting past 9pm. THERE IS NO RULE ABOUT HAVING A NORMAL CONVERSATION IN OUR OWN HOME , IN A NORMAL TONE, past 9pm! If she can hear us, it’s because of the known / pre-existing design flaw of the building. She should get some ear plugs, close her windows, fix up the investment she made to be sound proof, anything she can do that’s within HER control. We refuse to whisper in our own home – and she certainly does not whisper in her house on our account. My wife and I have discussed our disapproval of her AMONG OURSELVES. Granted we don’t use kind flowery words to describe her, that is still a conversation between man and wife. Don’t eavesdrop. It’s got nothing to do with her. That is in no way harassment on our part. With this being said, I am officially filing a complaint to you, dear resident manager, about her continuously harassing us. Also, let me bring it up to your attention: what is with the countless stray men, different men, coming in and out of her apartment, even when she’s not there? Numerous cars parking in her parking spot, like a revolving door, especially at night. Isnt this rather odd? Shouldn’t you PEEK into this matter? We have had enough. Now that you have heard both sides I insist you fine her $100 as well. Or, I insist you drop the second FRAUDULENT AND FRIVOLOUS FINE on us. Here again, your inability for fact-finding, and your refusal to give fair judgement, makes you look more impotent as a resident manager, in the end. THOR, you and the harassing neighbors had made this year absolutely grueling for us. It has affected myself, my wife, my son and my MARRIAGE! MY MARRIAGE!! Your CONSTANT Harassments make us feel like we are being targeted all the time! We are walking on egg shells in our own home. I too, have rental homes and tenants, and am very aware that there are LAWS that protect renters. In the end, Thor White, YOU WIN. For the record, we are moving out because of YOU. You have succeeded at BULLYING us out of Diamond Head Leilani Condos. We are in the process of buying a house. In the meantime, I insist that YOU LEAVE ME & MY FAMILY ALONE these last few months. We deserve to enjoy Mr.Bradshaw’s property, we paid for this right. NO MORE LETTERS FROM YOU ! NO MORE MIND GAMES FROM YOU ! AND NO MORE PEEPING ! I HAVE INSTALLED my hunting / game camera – motion activated – DATE & TIME STAMPED - to ensure that your, “PEEPING TOM“, activities come to a HALT! Picture proof doesn’t lie – YOU WILL STOP PEEPING IN & ON MY WIFE – IN OUR HOME – DO NOT DO IT AGAIN! It is unfortunate that your very good work, of tending the plants, the pool, the pavement painting, emptying the garbage, does not offset your blaring unprofessionalism. You will rescind the $200 frivolous fine and return the money to Rex and Mr Bradshaw, OR ELSE. I will report you to the state of Hawaii for discriminatory housing practices. I will spread this word online, and to the media. And, if you refuse to STAY AWAY from my family, I will take YOU, not your company, YOU to court and FORMALLY PRESS CHARGES. YOU HAVE MY WORD. Sincerely, ADIN ONG, ADN, BSN, RN 3030 Pua Lei Circle #107 Honolulu, Hawaii 96815 (808) 371-0574 Kim ONG, ADN, BSN, RN, USAR 3030 Pua Lei Circle #107 Honolulu, Hawaii 96815 (808) 840-3445 THE FEDERAL HOUSING STATUTES: TENANTS BILL OF RIGHTS UNDER THE FEDERAL LAW STATES: Federal Anti-Discrimination Law Federal law prohibits discrimination on the basis of: •Race •Color •Religion •National origin •Sex •Age •Familial status (including not allowing children, discrimination against pregnant women) •Physical disability •Mental disability (including alcoholism and past drug addiction) State and Local Laws States and many cities have similar housing laws, and yours may prohibit other kinds of discrimination, including: •Marital status •Sexual orientation Additional Federal Anti-Discrimination Laws Federal housing law prohibits a variety of discriminatory conduct: 1.Advertising cannot contain any statement indicating a preference or limitation based on any of the protected classes listed above. 2.The landlord may not make any similar implication or statement. 3.A landlord cannot say that an apartment is not available when in fact it is available. 4.A landlord cannot use a different set of rules for assessing applicants belonging to a protected class. 5.A landlord cannot refuse to rent to persons in a protected class. 6.A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently. 7.A landlord cannot end a tenancy for a discriminatory reason. 8.A landlord cannot harass you. Disclosure Requirements If you were rejected because the landlord received negative information about you, including information from previous landlords, your employer, your bank or other third parties, you have a right to know why. Under the federal Fair Credit Reporting Act a landlord has to tell you if the rejection was based on negative credit information that came from a source other than your credit report. •The federal Fair Credit Reporting Act also requires a landlord to tell you that, during the sixty days after he or she informs you that there was negative credit information, you may submit a written request for disclosure of the negative information. •After receiving your request for disclosure of the negative information, the landlord must tell you "the nature of the information," within a "reasonable time." The law does not indicate how much detail the landlord must give you. Right to a Habitable Home You have a right to "habitable" premises. This is a fancy way of saying the apartment or house you are renting is fit to be lived in. Don't compromise on this right. You have a right not to live in a hovel. Most states do not let a landlord put language in the lease stating that you "waive" the right (that is, give it up). The following conditions could make premises "uninhabitable." •Unsafe conditions, such as holes in the floor, plaster coming down from the ceiling, bad wiring, and the like. •Gross infestation of vermin such as cockroaches or mice. Tenant Privacy You have a right to privacy. Your landlord cannot come into your apartment or house without prior permission unless there is a true emergency like a fire or a flood in the bathroom.The landlord must give you advance notice before coming into your apartment for other reasons, like making repairs or showing the unit to a potential tenant. Some states have laws that regulate these entries and set forth rules on how much advance notice the landlord must give, and whether the landlord must tell you what time he or she will enter and why. You also have a right to take legal action against your landlord for breach of contract if he or she breaches the lease, fails to return your deposit, takes unwarranted deductions from your deposit, or fails to make repairs. Before proceeding, you will want to discuss your options with a lawyer - See more at: http://realestate.findlaw.com/landlord-tenant-law/your-rights-as-a-tenant.html?DCMP=GOO-REAL_TenantBroadModifier-Rights&HBX_PK=+apartment++tenant++rights#sthash.bhm4kucd.dpuf