FACT [1]
On or around November 11,1998, I and my sister as tenant[s] and Milton Housing Authority, as landlord by and through its authorized agent, Jack Hatfield entered into a Lease Agreement for (Personal Information Removed), hereby known as Milton Manor.
FACT [2]
The owner of this Apartment Complex is govern and regulated by Federal Regulations.
FACT [3]
The owner of this Apartment Complex borrows money from the United States of America acting through the Farmers Home Administration of the United States Department of Agriculture [hereby known as FmHa].
FACT [4]
Milton Housing Authority is required to follow and comply with all FmHa Regulations for (Personal Information Removed) at Milton Manor, beginning on the execution date of Lease Agreement and each year thereafter.
FACT [5]
The eligibility and rent requirements for the tenant[s]as named above for (Personal Information Removed), at Milton Manor, was determined by FmHa and by the FmHa Form[s] 1944-8 and for each subsequent year thereafter.
FACT [6]
MILTON HOUSING AUTHORITY was paid Federal subsidies on the behalf of the tenant[s] at (Personal Information Removed), on said date of November 11,1998, and thereafter during their tenancy
at (Personal Information Removed), at Milton Manor.
FACT [7]
The property upon which Milton Manor is located contains ten[10] or more apartment units for the elderly and for the disabled on or after November 11,1998.
FACT [8]
(Personal Information Removed) were directly involved in the operation, managing, and daily activities of all of the Apartments at Milton Manor on the date that the Lease Agreement for (Personal Information Removed), was executed.
FACT [9]
The tenant[s] served upon (Personal Information Removed), the authorized agent, of Milton Housing Authority, $245.00 dollars for (Personal Information Removed), at Milton Manor on or around said date of their execution of the Lease Agreement pursuant to the requirement[s] of FmHa and FmHa Form 1944-8, and an security deposit in the same amount upon Jack Hatfield, authorized agent, of Milton Housing Authority.
FACT [10]
The tenant[s] received FEDERAL RENTAL ASSISTANCE at (Personal Information Removed) at Milton Manor, as stated on all FmHa Forms 1944-8 and as stated on the Lease Agreement executed on November 11,1998, between them and Milton Housing Authority. And for each renewal term thereafter
FACT [11]
The SECURITY DEPOSIT served upon Milton Housing Authority by and through its authorized agent, Jack Hatfield for (Personal Information Removed), at Milton Manor on or around the said date of November 11,1998, was required to be placed in an interest bearing account for the tenant[s]and remained there until the tenant[s] vacated such unit.
FACT [12]
The rental period for (Personal Information Removed), at Milton Manor, for the above tenant[s]was for period of one year and each subsequent renewal term
was also for one year.
FACT [13]
The monthly rental payment for (Personal Information Removed), at Milton Manor, by the tenant[s]was due on or before the 6th, Day of each month as required within the Lease Agreement executed on the November 11,1998.
FACT [14]
The tenant[s]as stated above occupied (Personal Information Removed), at Milton Manor from December 1,1998 to January 4.
FACT [15}
Under West Virginia Law, the tenant[s] security deposit in the amount of $245.00 dollars served upon Milton Housing Authority by and through its authorized agent, (Personal Information Removed), SHALL ONLY BE USED FOR DAMAGES CAUSED to (Personal Information Removed), at Milton Manor. IT CANNOT BE USED FOR ANY OTHER PURPOSE.
FACT [16]
The tenant[s]at (Personal Information Removed), at Milton Manor, vacated such unit on January 4.
FACT [17]
The Authorized Manager, of Milton Housing Authority performed, conducted, and completed a visual inspection of (Personal Information Removed), at Milton Manor, and therefore FOUND NO DAMAGES. He served a written move-out inspection report upon the tenant[s]. This was signed and dated by both parties
FACT [18}
Under FEDERAL REGULATIONS it declares that if the tenant[s]at (Personal Information Removed), at Milton Manor, received FEDERAL RENTAL ASSISTANCE, Milton Housing Authority was required to serve the security deposit along with interest upon the former tenant[s]within thirty [30] days, and if there were damages caused to such (Personal Information Removed), by the tenant[s] an written ITEMIZED STATEMENT FOR DAMAGES was required to be served upon the former tenant[s] within thirty[30]days by first class mail to the forwarded address provided to them, minus any deductions for those damages and included amount of interest that accrued from November 11,1998 to January 6.
FACT [19]
MILTON HOUSING AUTHORITY HAS WILLFULLY REFUSED TO PERFORM EITHER as in accordance with Federal Regulations and in accordance with the Lease Agreement executed on the 11, Day of November 1998, between both parties.
FACT [20]
The named tenant[s]has served two[2]DEMAND NOTICES for the RETURN OF THE SECURITY DEPOSIT plus INTEREST for (Personal Information Removed), at Milton Manor, upon Milton Housing Authority and upon (Personal Information Removed), Its Committee Members, Its Manager, and Its Agents, but they have WILLFULLY REFUSED TO RESPOND AND TO COMPLY with these Federal Regulations as well as West Virginia Law.
FACT [21}
MILTON HOUSING AUTHORITY and the named above INDIVIDUALS has willfully refused to comply with Federal Regulations and to follow the Law and has acted in BAD FAITH of not returning the Security Deposit plus Interest upon former tenant[s] for (Personal Information Removed), at Milton Manor on or after February 17.
FACT [22]
Upon the NONCOMPLIANCE of MILTON HOUSING AUTHORITY and the named above INDIVIDUALS to Federal Regulations and West Virginia Law as required to the return of the tenant[s]security deposit plus interest for (Personal Information Removed), at Milton Manor, THEY HAVE WAIVED ANY AND ALL RIGHTS TO ANY AND ALL OBJECTIONS THEY HAVE TO THE SECURITY DEPOSIT AND TO THE INTEREST for (Personal Information Removed), at Milton Manor.
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