MEMORANDUM
To: Kading Properties, LLC
7008 Madison Ave
Urbandale, IA 50322
(515)-276-9384
US Department of Housing and Urban Development
Kansas City Regional Office of FHEO Region 7
US Department of Housing and Urban Development
Gateway Tower II
400 State Avenue, Room 200
Kansas City, Kansas 66101-2406
(913) 551-6958
Iowa Civil Rights Commission
Grimes State Office Building
400 East 14th Street
Des Moines, IA 50319-1004
515-281-4121
Office of the Attorney General of Iowa
Consumer Protection Division
Hoover State Office Building
1305 E. Walnut Street
Des Moines, Iowa 50319-0106
Jasper County DHS
115 N 2nd Ave E.
Suite H
Newton, IA 50208
United States
(641)-792-1955
Jasper County Veterans Affairs
115 N 2nd Ave E
Newton, IA 50208
(641)-792-7993
City of Newton, IA
101 W. 4th Street S.
Newton, IA 50208
(641) 792-2787
Crime-Free Multi-Housing Program
Attention: Julie Britton
101 W. 4th Street S.
Newton, IA 50208
(641)-792-1547
International Crime Free Association
Attn: Timothy L. Zehring
PO Box 1146
Higley, AZ 85236
Greater Iowa Apartment Association
2270 Bell Avenue
Des Moines, Iowa 50321
United States
Iowa Apartment Association
1819 Beaver Ave, Unit 30146
Des Moines, IA 50310-3815
Landlords of Iowa
(Electronic Service)
Subj: DIRECTION TO HALT TERMINATION OF TENANT PENDING CONCLUSION OF FEDERAL, STATE, AND MUNICIPAL INVESTIGATIONS OF KADING PROPERTIES, LLC
Ref: 1. Sec. 800. [42 USC 3601] – Fair Housing Act
2. Title VI – Human Services – Chapter 216 – Civil Rights Commission – Section 216.8 – Unfair or discriminatory practices – housing.
3. Title VI – Human Services – Chapter 216 – Civil Rights Commission – Section 216.8A – Additional unfair or discriminatory practices – housing.
4. Title XIV – Property – Chapter 562 – Owner-Lessor and Tenant-Lessee – Section 562A.15 – Landlord to maintain fit premises.
5. Title XIV – Property – Chapter 562 – Owner-Lessor and Tenant-Lessee – Section 562A.17 – Tenant to maintain dwelling unit.
6. Title XIV – Property – Chapter 562A – Uniform Residential Landlord and Tenant Law – Section 562A.23 – Wrongful failure to supply heat, water, hot water or essential services.
7. Title XIV – Property – Chapter 562A – Uniform Residential Landlord and Tenant Law – Section 562A.27(4) – Noncompliance with rental agreement – failure to pay rent – violation of federal regulation.
8. Title XIV – Property – Chapter 562A – Uniform Residential Landlord and Tenant Law – Section 562A.36 – Retaliatory Conduct Prohibited
9. City of Newton, IA Code – Chapter 91 Fair Housing
Enc: 1. Kading Properties, LLC Lease Agreement, 23 JUN 2021
2. Evidence of Tenant Property Damage – Kading Properties, LLC
3. Renewal Lease Offer for a tenant of Kading Properties LLC on 1st ST S Newton, IA
4. 30-Day Termination Notice to Tenant of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a
5. Kading Properties, LLC Listing – JUNE 2022 – 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a
6. Google Maps Photo of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a
7. 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a Kading Properties, LLC Maintenance Request Log
8. City of Newton, IA Public Works 2021 Sewer Bill – 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a
9. 4d69636861656c204a2e204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a‘s Social Media posts regarding Kading Properties, LLC’s alleged failure to adhere to Reference (4.)/(6.)/(7.) and Enclosure 1
10. Monica L. Speak’s social media posts regarding Kading Properties, LLC’s alleged failure to adhere to Reference (4.)/(6.)/(7.) and Enclosure 1
11. Electronic Mail – 4d69636861656c204a2e204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a – 27 SEP 2021
12. Electronic Mail – 4d69636861656c204a2e204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a – 06 OCT 2021
13. Electronic Mail – Monica L. Speaks – 01 NOV 2021
14. Jasper County IA Sheriff – Iowa Incident Report – 21002389 – 23 JAN 2021
15. Jasper County IA Sheriff – Iowa Incident Report – 2100789 – 10 MAR 2021
1. Introduction
This correspondence is the tenants of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a response to Enclosure (4.).
2. Direction to Kading Properties, LLC
Kading Properties, LLC is directed to halt what evidence supports is an unethical, predatory, discriminating, and unlawful “30-Day Termination Notice to Tenant” dated 01 JUN 2022 served to the tenants of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a until after the conclusion of investigations for complaints against Kading Properties, LLC that will be served with agencies included in this correspondence on 24 JUN 2022.
Kading Properties, LLC is directed to respond regarding their compliance with this request by 17 JUN 2022 via United States Postal Service certified mail. Kading Properties, LLC’s response or non-response will be documented in future legal correspondence.
Kading Properties LLC is directed to provide proof of correspondence, including proof of certified delivery to the tenant of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a, regarding any violations of Reference (5.) and Enclosure (1.) via United States Postal Service certified mail by 17 JUN 2022. Kading Properties, LLC’s response or non-response will be documented in future legal correspondence.
Kading Properties LLC is directed to provide proof of correspondence, including proof of certified delivery to the tenant of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a, regarding any failure to pay previously agreed-upon rent for property 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a in accordance with Enclosure (1.). Kading Properties, LLC’s response or non-response will be documented in future legal correspondence.
Kading Properties, LLC is directed to preserve any available recording of its 03 JUN 2022 phone conversation with 4d69636861656c204a2e204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a showing it communicated it is not required to release its reason for not offering housing (equal opportunity to renew lease) to a tenant that historical records show:
1. Previously communicated to Kading Properties, LLC regarding their failure to adhere to References (4.), (6.), (7.) and Enclosure (1.) while providing inadequate maintenance support on multiple occasions leading to damages incurred by the tenants of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a as documented in Enclosure (8.).
2. Previously communicated publicly on social media factual statements supported by evidence regarding Kading Properties LLC’s failure to adhere to References (4.), (6.), (7.) and Enclosure (1.).
3. Kading Properties LLC provided zero adequate response related to taking ownership of financial damage to the tenants of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a documented in Enclosure (8.) related to their failure to maintain their property in accordance with References (4.), (6.), (7.) and Enclosure (1.)
4. Previously reported evidence of illegal substance use in attached units owned by Kading Properties, LLC to local law enforcement numerous times impacting the lives and health of tenants and their children in both units. Reflecting the activities occurring within properties owned by Kading Properties, LLC while they advertise membership with the International Crime Free Association (Crime Free Multi-Housing).
5. Is a disabled veteran, as documented by the Department of Veteran’s Affairs, after twenty years of honorable service in the United States Navy.
Evidence supports the conclusion the only party that has violated their responsibilities to the Iowa Code and Enclosure (1.) is Kading Properties LLC. Enclosures (3.), (4.), and (5.) show Kading Properties, LLC’s desire to increase the rent on two units on 1st ST S, Newton, IA, including the residence of the originator of this correspondence by approximately 16%. Kading Properties, LLC at the same time has failed to provide an equal opportunity to all current tenants to those terms without ethical or legal justification. Kading Properties, LLC has misrepresented the property they are making available in Enclosure (5.) (advertised picture) by not showing the driveway that has caused the property damage to current tenants shown in Enclosure (2.) from the driveway in Enclosure (6.).
All public social media posts published by tenants of 720 1st ST S, Newton, IA, while tagging Kading Properties, LLC that show testimony supported by evidence of it’s failure to uphold its responsibilities in accordance with References (4.), (6.), (7.) and Enclosure (1.) are protected by the 1st Amendment to the United States Constitution and Section (2.) and (7.) of Article 1 of the Constitution of the State of Iowa. Furthermore tenant complaints regarding the alleged failure of an Iowa landlord to adhere to Iowa Code are protected from retaliation in accordance with Reference (8.). The tenants of 720 1st St S, Newton, IA 50208 have adhered to the Iowa Code while residing in properties owned by Kading Properties, LLC and have not been served with any legal documents from Kading Properties, LLC during the time frame of the current lease indicating they have violated Reference (5.) or Enclosure (1.). Reference (8.) states:
“1. Except as provided in this section, a landlord may not retaliate by increasing rent or
decreasing services or by bringing or threatening to bring an action for possession after:
a. The tenant has complained to a governmental agency charged with responsibility for
enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;
b. The tenant has complained to the landlord of a violation under section 562A.15; or
c. The tenant has organized or become a member of a tenants’ union or similar
organization.
2. If the landlord acts in violation of subsection 1 of this section, the tenant may recover
from the landlord the actual damages sustained by the tenant and reasonable attorney
fees, and has a defense in action against the landlord for possession. In an action by or
against the tenant, evidence of a good-faith complaint within one year prior to the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. Evidence by the landlord that legitimate costs and charges of owning, maintaining or operating a dwelling unit have increased shall be a defense against the presumption of retaliation when a rent increase is commensurate with the increase in costs and charges.
3. Notwithstanding subsections 1 and 2 of this section, a landlord may bring an action for possession if:
a. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant’s household or upon the premises with the tenant’s consent;
b. The tenant is in default in rent; or
c. Compliance with the applicable building or housing code requires alteration,
remodeling, or demolition which would effectively deprive the tenant of use of the dwelling
unit. The maintenance of the action does not release the landlord from liability under section
562A.21, subsection 2.
[C79, 81, §562A.36]
2013 Acts, ch 97, §9”
Communications over social media by tenants of Kading Properties, LLC while tagging Kading Properties, LLC regarding their alleged failure to execute their business operations in accordance with References (4.), (6.), (7.) and Enclosure (1.) is for the purpose of organizing current tenants to protect tenant rights while inspiring renter-friendly policy change within Kading Properties, LLC. The execution of these actions by rental property tenants of the State of Iowa is protected in accordance with Reference (8.).
If it is Kading Properties, LLC’s desire to not have tenants speaking the truth in a public forum (while utilizing rights protected by the constitutions of the United States of America, the State of Iowa, and the Iowa Code) regarding their alleged failure to execute their business operations in accordance with References (4.), (6.), (7.), and Enclosure (1.) it is encouraged that Kading Properties, LLC improve the operational execution of their property management. Terminating services while not providing an equal opportunity to a lease renewal to tenants that have upheld their responsibilities in accordance with Reference (5.) and Enclosure (1.) while Kading Properties, LLC possibly violates Reference (8.) executing actions against tenants who have historically provided negative feedback of their operations as supported by the evidence only shines light on the integrity and professionalism of Kading Properties, LLC.
Kading Properties, LLC will receive weekly correspondence regarding hours worked on this investigation and all related expenses. If these agencies find that Kading Properties, LLC failed to provide equal access to housing to a documented disabled veteran treated by the US Department of Veteran’s Affairs that evidence shows adhered to Reference (5.) and Enclosure (1.) as well as any violation of its responsibilities in accordance with References (1.), (2.), (3.), (4.), (6.), (7.), (8.), and (9.) Kading Properties, LLC will be responsible for reimbursing the originator of this correspondence with all documented related expenses regarding investigating their actions to terminate services against a tenant that has previously communicated numerous complaints regarding their quality of service privately and publicly.
Kading Properties, LLC will be provided future receipts for all related move-out and related expenses incurred by the damaged party should these agencies find Kading Properties, LLC violated its responsibilities to provide equal housing if it chooses not to halt what evidence supports is an unethical, predatory, discriminating, and unlawful “30-Day Termination Notice to Tenant” before these agencies have concluded their investigation.
3. Conclusion
Kading Properties, LLC has asserted it does not have to provide the tenants of 3732302031737420537420532c204e6577746f6e2c2049412035303230380d0a with its reasoning for denying them an equal opportunity to housing (renewal of lease). Instead, the originator is providing Kading Properties, LLC the opportunity to provide its reason to government authorities it is responsible to in accordance with federal, state, and municipal law regarding the performance of its business operations in the State of Iowa and this republic the originator of this correspondence served for twenty years.
