Wednesday, May 5, 2021

Last Call For The Galleria Of Crime, Con't

Jared Kushner's family real estate firm just got rung up by a Maryland judge as being a slumlord, forcing thousands of tenants in their substandard apartment buildings to overpay for rent without the company providing basic repairs and utilities under state law.

It’s been six years since Dionne Mont first saw her apartment at Fontana Village, a rental housing complex just east of Baltimore. She was aghast that day to find the front door coming off its hinges, the kitchen cabinet doors stuck to their frames, mouse droppings under the kitchen sink, mold in the refrigerator, the toilet barely functioning and water stains on every upstairs ceiling, among other problems. But she had already signed the lease and paid the deposit.

Mont insisted that management make repairs, but that took several months, during which time she paid her $865 monthly rent and lived elsewhere. She was hit with constant late fees and so-called “court” fees, because the management company required tenants to pay rent at a Walmart or a check-cashing outlet, and she often couldn’t get there from her job as a bus driver before the 4:30 p.m. cutoff. She moved out in 2017.

Four years later, Mont has received belated vindication: On April 29, a Maryland judge ruled that the management company, which is owned by Jared Kushner’s family real estate firm, violated state consumer laws in several areas, including by not showing tenants the actual units they were going to be assigned to prior to signing a lease, and by assessing them all manner of dubious fees. The ruling came after a 31-day hearing in which about 100 of the company’s current and former tenants, including Mont, testified.

“I feel elated,” said Mont. “People were living in inhumane conditions — deplorable conditions.”


Maryland Attorney General Brian Frosh brought the consumer-protection case against Westminster Management, the property-management arm of Kushner Companies, in 2019 following a 2017 article by ProPublica and The New York Times Magazine on the company’s treatment of its tenants at the 15 housing complexes it owned in the Baltimore area, which have served as profitable ballast for a company better known for its gleaming properties in New York. The article revealed the company’s aggressive pursuit of current and former tenants in court over unpaid rent and broken leases, even in cases where tenants were in the right, as well as the shoddy conditions of many units.

To build its case, the attorney general’s office subpoenaed records from the company and solicited testimony from current and former tenants, who provided it via remote video link to Administrative Law Judge Emily Daneker late last year.

In her 252-page ruling last week, which was first reported by the Baltimore Sun, Daneker determined that the company had issued a relentless barrage of questionable fees on tenants over the course of many years, including both the fees identified in the 2017 article and others as well. In more than 15,000 instances, Westminster charged in excess of the state-maximum $25 fee to process a rental application. In more than 28,000 instances, the company also assessed a $12 “agent fee” on court filings against tenants even though it had incurred no such cost with the courts — a tactic that Daneker called “spurious” and which brought the company more than $332,000 in fees. And in more than 2,600 instances, the Kushner operation assessed $80 court fees to tenants at its two complexes within the city of Baltimore, even though the charge from the courts was only $50. “The practice of passing court costs on to tenants, in the absence of a court order,” Daneker wrote, “was deceptive.”

The manifold fees suggested a deliberate strategy to run up tenants’ tabs, Daneker wrote, repeatedly calling the practices “widespread and numerous.” She concluded that “these circumstances do not support a finding that this was the result of isolated or inadvertent mistakes.”

Daneker also found that the company violated consumer law by failing to have the proper debt-collection licenses for some of its properties and by misrepresenting the condition of units being leased to tenants. However, she found that the attorney general’s office did not establish that the company violated the law in several other areas, such as by misrepresenting its ability to provide maintenance on units or in some of its calculations of late fees.

Kushner Companies, which has since sold some of the complexes and put others of them on the market, declined to be interviewed for this article. A statement from Kushner general counsel Christopher Smith suggested that the ruling amounted to a victory for the company, despite the judge’s many findings against it. “Kushner respects the thoughtful depth of the Judge’s decision, which vindicates Westminster with respect to many of the Attorney General’s overreaching allegations,” Smith said.

In previous statements, the company had alleged that Frosh, a Democrat, had brought the suit for political reasons, and was singling out the company owned by the then-president’s son-in-law for a host of practices that the company said were common in the multi-housing rental industry. In her ruling, Daneker stated that she found no evidence of an “improper selective prosecution” in the suit.

The attorney general’s office declined to comment, noting that the case is not yet final. Each side will next have the chance to file exceptions, as objections are known, that will be considered by the final arbiter in the consumer protection division of the attorney general’s office. The state’s lawyers will also propose restitution sums for tenants and a civil penalty. Once the consumer protection arbiter issues a ruling, both sides will have the right to challenge it in the state’s appeals courts.

Also awaiting resolution is a separate class-action lawsuit brought by tenants that alleges, among other things, that the company’s late fees exceeded state limits. A Court of Special Appeals judge has yet to issue a ruling following a January oral argument on the plaintiffs’ appeal of previous rulings against both their attempt to certify themselves as a class and against the substance of their claim regarding late fees.
 
So there's still a huge legal fight ahead, but it's one Kushner Companies is bound to lose, and it's going to be costly for them. Frankly, by then I hope Jared Kushner is in prison along with his wife and orange father-in-law.

 

Retribution Execution, Con't

As I told you yesterday, not only is GOP Rep. Liz Cheney's goose cooked, but the smart money was on Rep. Elise Stefanik to replace her as the Number 3 House Republican. Today, that looks to be all but assured.

Former President Trump and House Minority Whip Steve Scalise are openly supporting Rep. Elise Stefanik (R-N.Y.) to replace Rep. Liz Cheney (R-Wyo.) as House Republican conference chair.

The latest: "Liz Cheney is a warmongering fool who has no business in Republican Party Leadership," Trump said in a statement. "Elise Stefanik is a far superior choice, and she has my COMPLETE and TOTAL Endorsement for GOP Conference Chair. Elise is a tough and smart communicator!"

Why it matters: The public endorsements of Stefanik mark a new escalation in Republicans' internal feud over Cheney, who voted to impeach Trump for inciting the Jan. 6 Capitol riot and has continued to criticize the former president. The rift has threatened to derail Republicans' chances of taking back control of the House in the 2022 elections. Rep. Jim Banks (R-Ind.) — the leader of the largest conservative caucus in the House — suggested to Axios last week that Cheney could be ousted within a month. House Minority Leader Kevin McCarthy (R-Calif.) was caught on a hot mic on Tuesday saying he's "lost confidence" in Cheney and "has had it with" her behavior.

What they're saying: “House Republicans need to be solely focused on taking back the House in 2022 and fighting against Speaker Pelosi and President Biden’s radical socialist agenda, and Elise Stefanik is strongly committed to doing that, which is why Whip Scalise has pledged to support her for Conference Chair,” Scalise’s spokesperson Lauren Fine said in a statement. Scalise told Axios late last month that the "idea that you just disregard President Trump is not where we are, and, frankly, he has a lot to offer still."

The other side: "Liz will have more to say in the coming days. This moment is about much more than a House leadership fight," Cheney spokesperson Jeremy Adler said in a statement.

Between the lines: While Stefanik rose to prominence in part due to her defense of Trump during his first impeachment, she only voted in line with the former president's positions 77.7% of the time — compared to Cheney's 92.9%, according to FiveThirtyEight.

What to watch: The House GOP conference will meet next Wednesday, May 12, at which point most members expect the process to oust Cheney will begin
.

 

Now House Republicans under Kevin McCarthy are capable of messing up a two-car parade, so who knows how the actual vote next week will go once we come down to it. But Cheney, for her part, seems to want to make the House GOP pay a public price for doing this, and she's not expected to resign. 

Still, Cheney is willing to lie about everything but Trump's election being stolen, so don't feel bad for her. She'll be back.

Trump Cards, Con't

Facebook, to my great surprise, is upholding Trump's account perma-ban.

Facebook Inc (FB.O)'s oversight board on Wednesday upheld the company's suspension of former U.S. President Donald Trump in a much-awaited verdict that may signal how the company will treat rule-breaking world leaders in the future.

Facebook indefinitely blocked Trump's access to his Facebook and Instagram accounts over concerns of further violent unrest following the Jan. 6 storming of the U.S. Capitol by supporters of the former president.

At the time of the suspension, Facebook Chief Executive Mark Zuckerberg said in a post that "the risks of allowing the President to continue to use our service during this period are simply too great." The company later referred the case to its recently established board, which includes academics, lawyers and rights activists, to decide whether to uphold the ban or restore Trump.

"Both of those decisions are no-win decisions for Facebook," said Kate Klonick, an assistant law professor at St. John's University who embedded at Facebook to follow the board's creation. "So, offloading those to a third party, the Oversight Board, is a win for them no matter what."

The binding verdict marks a major decision for the board, which rules on a small slice of challenging content decisions and which Facebook created as an independent body as a response to criticism over how it handles problematic material. Facebook has also asked the board to provide recommendations on how it should handle political leaders' accounts.
 
Meanwhile, Trump is getting his own social media platform. A blog! Wow, what loser still uses blogs in 2021?

Former President Trump has rolled out a new tool to communicate with his supporters in lieu of platforms such as Twitter and Facebook, which banned his accounts.

Trump's platform, “From the Desk of Donald J. Trump,” features videos from the former president and statements from his leadership PAC, which have been sent out over email for several weeks.

Supporters can sign up to get notified when Trump sends out a message from his site, similar to functions on other social media platforms.

While users do not have the ability to reply to Trump’s posts, they can like them and share them on their own Twitter or Facebook accounts.


"This is just a one-way communication," one source familiar with the space told Fox News, which was the first to report on the platform. "This system allows Trump to communicate with his followers."

The website’s “About” page also includes a statement touting Trump’s administration and a slew of mission statements, including “We are committed to defending innocent life and to upholding the Judeo-Christian values of our founding” and “We believe in FREE SPEECH and Fair Elections. We must ensure fair, honest, transparent, and secure elections going forward – where every LEGAL VOTE counts.”

“Over the past four years, my administration delivered for Americans of all backgrounds like never before. Save America is about building on those accomplishments, supporting the brave conservatives who will define the future of the America First Movement, the future of our party, and the future of our beloved country. Save America is also about ensuring that we always keep America First, in our foreign and domestic policy,” the website says.

The website says it is run by Campaign Nucleus, a digital firm founded by Brad Parscale, Trump’s former campaign manager.

The platform could provide a way for Trump to reach out to his supporters online while he is kicked off of Twitter and Facebook, two vehicles he used to get his message out during his 2016 and 2020 campaigns.
 
I mean I at least have a comment section so you guys can yell back at me. 

Seriously though, this is Trump rolling out marching orders to his army, tens of millions strong. expect daily (if not hourly) attacks on biden and the Democrats, and on everyone else who doesn't toe the Trumpist line, and his posts will end up on millions of Facebook accounts anyway, so the ban is useless.

Now, if Facebook polices this and if news outlets ignore Trump's awful two-minute hate missives, we'll be okay. What I fear though is a rush to cover his posts on a regular basis, repeated verbatim not just on FOX (of course) but on every other news, cable, and web political outlet as well so that Trump dominates all coverage again. Our news ecosystem can't handle Trump.

It's what he wants.

It's what he'll most likely get.
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