Landlord To Evict Over Therapy Cat

$935 of $1,335 goal

Raised by 20 people in 24 months
Harry Davis
on behalf of Bonnie Cannan


Today's update is very important, crucial.

You have been seeing my posts on Facebook and my new web site,

Now, High Falls Property Management wants to take down my Facebook page and web site! Their attorney, John Nacca, Esq., has threatened to slap a restraining order on our fight against his client, High Falls Property Management!

Our campaign has been gaining steam. National and international media have been in touch with me recently and I think we will be gaining huge national steam very soon.

However, we cannot do this if our First Amendment right to free speech is taken away, which is exactly what High Falls Property Management is planning to do.

Here is the letter from John Nacca, Esq., dated June 21, 2016:

To Harry Davis
re: Cease & Desist Notification for High Falls Property Management, LLC
Dear Mr. Davis,

Over the last week or so it has come to our attention that you have been repeatedly attacking the professionalism, integrity and honesty of High Falls Property Management, LLC and its employees. This has been primarily undertaken via your use of the Internet and Facebook and generally consists of exaggerations, falsehoods, distortions of the truth and blatant lies. You have taken it upon yourself to utilize photos of High Falls Property Management, LLC, employees in support of your distortions and attacks. Up to this point High Falls Property Management has allowed you to continue with this irrational attacks hoping that once the eviction proceeding settled in Court that they would stop. I am sure you are aware that the eviction proceeding brought against you was for non-payment of your rent and nothing else. High Falls Management and the owner of Meigs Street were well within their rights to bring this proceeding on. It had nothing to do with your pet.

I have specifically mentioned to your attorney that these outrageous attacks needed to stop. Since they have not I am sending you this letter to formally put you on notice that any further lies or distortions of the truth relative to High Falls Property Management, LLC or its employees will no longer be tolerated. In point of fact we demand that your web site(s) be taken down immediately and that any disparaging remarks on Facebook or any other social media channels cease immediately. In the event that you persist in these attacks I have been instructed to commence legal action against you seeking not only damages for your lies but a Restraining Order from a Court of competent jurisdiction prohibiting you from making disparaging remarks against the Company its employees and the owners of the property which would negatively impact the reputation and integrity of the company. In point of fact we will be seeking a complete Restraining Order prohibiting you from spewing the lies and exaggerations you have become so expert and creating. Hopefully I will not have to do so but rest assured that I will not hesitate should you persist.

Very truly Yours,
John Nacca

Please donate what you can to fund our legal defense. We can win this but not if our right to free speech is stolen and if we cannot pay our attorney.

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Harry Davis

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My name is Harry Davis. I am physically severely disabled, my feet, both of them, are amputated and my hands are basically permanently broken all because of bacterial meningitis which I caught in March, 2001. I almost died because of this illness and I spent 51 weeks in the hospital, 3 months in Strong Hospital, 9 months in Monroe Comunity Hospital, both in Rochester, NY.  I am in pain 24/7. I have a small tuxedo kitten/cat. He has been declared an emotional support animal.

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I rent an apartment in Rochester with help of Section 8. My landlord is High Falls Property Management (HFPM). HFPM said I am not allowed to keep this cat and has petitioned the court to terminate my tenancy and evict me. I am poor. I receive SSI & SSD for a total of $840 per month. I have a long time friend who is by trade an attorney and has done excellent work for me in the past. He is far from well off also, but he is an excellent attorney. I need to pay my attorney some money to defend me in court so I will not be evicted this week. If I am evicted, my Section 8 will be permanently terminated and I will be out on the street, homeless. 

We have filed a 903 discrimination complaint with the United States Department of Housing and Urban Development, (HUD), Fair Housing and Equal Opportunity Division , against High Falls Property Management (HFPM) for terminating my lease because of their refusal to let me keep my emotional support animal.

We have been told that upon wining the HUD complaint, we can file a lawsuit against HFPM for discrimination. For this, we will need to pay attorneys.

You see homeles people on the street all the time. I really do not want to be one of them. Please give what you can and when I get back on my feet once again, I will pay you back what money you donated.

I will be so grateful for $1, $10, $20 or whatever you can spare.

You can see more here.

Here are some official documents to provide you with more insight:

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Please Help! We need $500 for the attorney!

UPDATED: JULY 21, 2016: Unfair business practices

In recent weeks, my attorney and the attorney for High Falls Property Management have spoken at length. They seem to be on the same page as far as letting me stay in my apartment, BUT, they have yet to make a written agreement, hence, I am STILL scheduled to be evicted from my home on August 1, 2016! I know why my attorney has not moved ahead; he wants/need $, $500 to be specific. He is a very good attorney. I have known him for about 14 years. However, he is not well-off. He is poor, too. Can you please help us with $10, $20, $50 or $100?

I *received this email message from my Section 8 worker today:

From: Julie Fox jfox@rochesterhousing
Date: Thu, Jul 21, 2016 at 10:02 AM
Subject: move
To: Harry Davis
Good morning Harry

Wanted to touch base with you on your move situation. As per the landlord, your attorney has not been in touch with their attorney and as far as they know you still have to move out on 7/31/16.

Thank you,

Julie Fox



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As of today, July 3, 2016, we are nearly complete in our preparation to file a criminal complaint with the office of New York State Attorney General Eric Schneiderman for the actions of High Falls Property Management (HFPM) regarding crimes involving payments for heating which were made by HEAP, (Home Energy Assistance Program) DSS and Rochester Gas & Electric Company instead of the responsible party, High Falls Property management for my apartment owned by HFPM.

As can be seen below, in a letter from the Department off Social Services (DSS) & Rochester Gas & Electric (RG&E), my heating payments paid by HEAP & DSS come to a total of $2,060.83, all of which is owed by HFPM.

We know that HFPM was responsible for paying my heat from 2014 to the present, however, as can be seen, at least $2,060.83 of HFPM heating bills were paid for by the government, meaning you!

We will need you, the viewer, to please help with financial assistance for our investigation, including accounting and legal, into the possible violation of RICO laws violations by HFPM.

Possible Violation Of RICO Laws By High Falls Property Management

Meet The Flippers: The Reasons why we need an attorney to sue High Falls Property Management for Not Providing Heat or Adequate Wiring

Thank you,
Harry Davis
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Dear supporters,

We have filed a 903 discrimination complaint with the United States Department of Housing and Urban Development, (HUD), Fair Housing and Equal Opportunity Division , against High Falls Property Management (HFPM) for terminating my lease because of their refusal to let me keep my emotional support animal.

We have been told that upon winning the HUD complaint, we can file a lawsuit against HFPM for discrimination.

For this, we will need to pay attorneys.

As things stand today, I will be homeless come August 1, 2016. HFPM used landlord harassment to take me to eviction court.

As a friendly reminder, this case is about HFPM denying me “reasonable accommodation for an emotional support animal.”

Please go to:

for all of the details.
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Please go to:

Hello, Please post this to your friends and those involved with pets & disabilities. High Falls Property Management (HFPM) & the court can “legally” make me homeless by July 31, 2016! We can't let this happen.

This case is about more than the rejection of HFPM refusing me reasonable accommodation for an emotional support animal but the issue of the emotional support animal is central and primary. This past week we filed a discrimination complaint with the United States Department of Housing and Urban Development against HFPM because they failed to show me “reasonable accommodation” for an “emotional support animal”. HFPM terminated my lease because of my “emotional support animal”.

We are asking for $10,000 now save my tenancy and expose huge fraud by HFPM. We need to capitalize on the anticipated finding of validity of the discrimination complaint I filed with HUD this past week. We must expose ALL the illegal actions HFPM has perpetrated on its tenants. They are dishonest and engage in fraudulent bookkeeping.

I want to continue paying my attorneys so we can expose HFPM for the criminal front it actually is.

This post is not going to get into these details right now. (There is a 7,500 character limit.). These will be dealt with in separate posts. This post will detail the rejection and subsequent filing of a notice “Termination Of Tenancy” on me on June 2. I am confident that HUD will find my complaint of discrimination valid. The question is, what to do after that?

Here is the time line regarding my situation with the emotional support animal:

March, 2016:Told by HFPM that my cat must go.

May 24, 2016:Request is made by letter from Steven I. Cooper, social worker, to HFPM for "reasonable accommodation for emotional support animal."

May 31, 2016:Michelle Wheeler, owner of HFPM replies re, "reasonable request for emotional support animal.": "Your option at this point is to pay rent and late fees including June in full to avoid eviction court AND remove the cat to avoid lease termination.Thank you."

June 1,2016:I post this Facebook page entitled: "High Falls Property Management Denies Tenant's Emotional Support Animal"

June 1, 2016: Mr. John Nacca, ESQ, attorney for HFPM, admittedly has "one hour telephone conversation with Michelle Wheeler" concerning Ms. Wheeler apparent rage over the posting of the Facebook Page, . This conversation was told in person to myself, Harry Davis by Mr. Nacca in the presence of my attorney, while taking a break in eviction court on June 15. If Mr. Nacca tells the truth, under oath, he will state that this was the probable cause for Ms. Wheeler to terminate my tenancy on June 2, 2016. My attorney will testify to the validity of this conversation. Also, Mr. Nacca told me he would act as a reference for me if and when I am in need of future housing.

June 2, 2016:I am served with a notice stating: Termination of Tenancy." "This letter serves as formal written notification that you are hereby required within 30 days...You have until July 31, 2016 by 12pm to vacate the premises." signed by Colleen Porata.

June 6, 2016:I am served papers to appear in eviction court on June 15, 2016 to pay rent for May, 2016, $296; June 2016, $371; late fees, $50.

June 15, 2016:Without any words by me and the judge, and without presentation of my written answer, I am ordered by the Judge to pay May & June rent by June 22; July rent by July 5, 2016. I am ordered to pay attorney's fees of $285 by August 1, 2016.

June 20, 2016: The web site, is online.

On May 24, 2016, myself & Michelle Wheeler received this letter from Steven I. Cooper, LCSW-R, BCD:
May 24, 2016
High Falls Property Management
Michelle Wheeler, Property Manager
2255 Lyell Avenue, Suite #201
Rochester, NY 14606
Re: Harry Davis
Dear Ms. Wheeler:
I am a NYS licensed Clinical Social Worker in the State of New York and have been in an independent private practice for over 15 years. My practice is limited to assessment, diagnosis, and treatment of adults and couples who are struggling with various mental health concerns.   I am writing on behalf of Mr. Davis who has been seen by me for evaluation of his mental health concerns. He contacted me presenting with depressive and anxiety sx., as well as physical limitations from near total foot amputations as a result of p/ bacterial meningitis. He has a generalized anxiety disorder. Mr. Davis suffers from a broad range of symptoms as a result of this. These include feelings of hopelessness, worthlessness, chronic fatigue, inability to experience pleasure in his life, early and middle insomnia, appetite changes, worry, nervousness, tension and irritability.
Mr. Davis has had a previous existing rel with a cat of his that has served as a companion and for emotional support. In situations like Mr. Davis's a beloved pet provides the comfort and relief from isolation and other symptoms that result from his conditions. This pet would also enhance his ability to use and enjoy the dwelling you provide for him as well as support his own independence as he will be caring for the cat. I believe a cat may meet the criteria of an emotional support animal under the Americans with Disabilities Act. Thus I am asking for your consideration in providing him reasonable accommodation under the Fair Housing and Rehabilitation Act as well as the ADA, and permitting him to have his cat back as an emotional support animal. If you have any further questions, please do not hesitate to call.
Steven I Cooper, NYS Licensed Clinical Social Worker
In response to the letter from Steven Cooper, I received this email from Michelle Wheeler on May 31, 2016:
May 31 at 6:05pm · 
Michelle Wheeler
Michelle Wheeler <>
This will be my last email to you regarding this, there is no point is emailing back and forth with no resolution. I stated that the eviction filing is for unpaid rent and late fees plus what ever the judge allows for court fees.
Regarding the maintenance items, you are billed per your lease regardless of whether you agree or not. Section 8 would not allow you to remain in the unit if there was not adequate heat. That is irreverent at this point. It is May 31st and your portion of May rent is unpaid. June rent is due tomorrow.
On another note while all parties are copied in, regardless of the outcome of eviction court, the cat is not approved. We are required to allow service animals not therapy animals. You signed a no pet policy and we are not approving the pet. If the pet is not removed you will be in continued violation of your lease and we will have no choice but to terminate your lease agreement.
There is no need to reply further. Your option at this point is to pay rent and late fees including June in full to avoid eviction court AND remove the cat to avoid lease termination.Thank you.
Notice this:
Michelle Wheeler states: "I stated that the eviction filing is for unpaid rent and late fees plus what ever the judge allows for court fees."
At this point I only owe HFPM May rent, $296.
At this point, Michelle Wheeler & collections agent Colleen Porata told me I owed them $800.73. $250 of this amount was billed to me for having a cat!

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$935 of $1,335 goal

Raised by 20 people in 24 months
Created June 12, 2016
Harry Davis
on behalf of Bonnie Cannan
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Diane Watkins
23 months ago

Good Luck Harry

C. M. Barons
24 months ago

Beat these soulless asshats.

Heather Loughridge-Buono
24 months ago

I have been blessed with the ability to pass on kindnesses that have been given to me over the years. I'm keeping positive thoughts and sending love and light. I hope you are able to stay in your home and keep your companion with you.

Diane Goulet
24 months ago

I wish you good luck.

debjit saha
24 months ago

this is not much, but i hope this helps

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