Judge Comas,
[Insert Address]
[Insert Location]
XXXX
Dear XXX
RE: RESPONSE TO COMMUNICATIONS FROM MR. FERRARA ON CASE NO.
[INSERT CASE INFO.]
I am writing this letter in response to XXXX letter with regards to the continuity of
our court matter. As the defendant in the case, I have requisite knowledge about the
subject matter and are therefore qualified to put forward my views. During our last court
session, on the XXXX, we met virtually, upon which Your Honor
addressed our adjournment requests and instructed XXX to clarify the validity of
the document had submitted in court being the form capturing the Intent to Vacate
Notification and Landlord Reference. Your Honor granted XXX leave to search
for the information needed from the Plainfield Housing Authority.
The Plaintiff’s counsel reached out to XXXX, who is a Shelter Based Plus
Coordinator. Subsequently, the Plaintiff, her husband and XXX had a conference
call regarding this matter. In my opinion, the Plaintiff’s husband, XXXX, should
not have been party to the conference call seeing as he is not privy to the lease
agreement between the Plaintiff and me. Additionally, it is my contention that the
Plaintiff’s counsel reached out to the wrong person with regards to obtaining the
information required, seeing as she has no authority to make any type of decision in the
matter. It is my assertion that he should have reached out to Ms. Zena Sutton, the
Director of Housing and Mr. Randall M. Wood, Executive Director of the PHA. I had
communicated this to him earlier and provided him with a contact for the same.
Therefore, he subpoenaed the wrong person in the matter, the defendant alleges that
Mr. Ferrara is subpoenaing the wrong person in this matter at the PHA. The person who
Mr. Ferrara should have subpoenaed should be Ms. Zena Sutton, Director of Housing,
Mr. Randall M. Wood or Mr. Dan Smith, Esq especially seeing as both Ms. Sutton and
Mr. Wood are named in my pending lawsuit with PHA.
Further to that. the Plaintiff’s Counsel acted in excess of the court’s direction when he
requested that the Plaintiff’s Housing Authority produce all documentation in the matter.
I contend that the court merely gave the Plaintiff’s counsel the direction to validate the
execution of forms with regards to my Intent to Vacate Notification and Landlord
Reference, which the plaintiff refused to sign, even though it was sent to her on XXXX. [Please see attached Unclaimed Return to Sender Unopened.]
Furthermore, it is my belief that the money claimed and paid to the plaintiff in this matter
was obtained as a result of fraudulent conduct, in which the plaintiff, by refusing to sign
my forms on my intent to vacate, prevented me from vacating the premises therefore
accumulating undue payment.
Additionally, the Plaintiff was not completely righteous in the matter, and seeing as the
law of equity dictates that those who come to equity must come with clean hands, the
Plaintiff’s conduct in the matter must also be examined. Firstly, the Plaintiff was in
contravention of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et. Seq
because she/her agents failed to give me a signed notarized statement prior to the
execution of the lease. Moreover, the plaintiffs’ signature on the lease and that on the HUD
do not match the signature on the Landlord Verification form signed on XXX,
. This is in contravention of the Statute of Frauds, and it renders the contract
voidable.
My claims against the Plaintiff in regard to our tenancy agreement are as follows;
The Plaintiff and his agents intentionally misrepresented the status of the house during
advertisement, which informed my decision to enter into a contractual agreement with
them in that regard. The plaintiff therefore breached her duty of care to inspect the state
of the premises and inform prospective tenants of the same. It is my assertion that the
plaintiff should have taken time before the signing of the lease on 1 st October 2020 to
inspect the premises and conduct any internal repairs required for the passage of good
title to any tenants.
The plaintiff, by involving her husband in the affairs of the arrangement, breached the
principle of privity of contract, seeing as her husband was not listed in the lease
agreement as a co-landlord. Your honor, it is my belief that the Plaintiff is intentionally
delaying the finalization of the matter to defraud. It is my contention that the suit could
have been minimized and even completely avoided if the Plaintiff had signed the
documents releasing me from the apartment.
I look forward to having all these outstanding issues settled as well as the plaintiff being
finally held accountable for her actions and for the Plainfield Housing Authority taking
further action against the Plaintiff for forgery which is against the law in my pending
lawsuit with the Plainfield Housing Authority. Thank you for your receipt of this letter
Sincerely,
XXX
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