Give us One More Night to Not Live in the Woods

Update - November 25, 2024

Thank you for the donations this far and we still need money toward finding a home for ourselves and three seizure alert dogs.

Donations have been used toward hotel stays, which gave us heat, shower access, morning breakfast, power sources to charge our devices and Internet.

We have a storage unit now and this helped us store the things we could carry with our hands and shopping carts.

Last night was cold and we worry about affording propane tanks for the winter season. We are not only homeless, but carless too. We have on every stitch of clothing possible.

We contacted shelters and emergency housing with no luck. We were not eligible for vouchers or rental assistance program because we were not considered poor enough though we were evicted.

So we applied for General Assistance in hopes that we received some cash help, but this process could take weeks. We do need $73 for a PO Box for 3 months.

We did find short-term housing for $1500/month which SSI benefits will cover, but we need an address, which we don't currently have right now.

Any amount helps and as Thanksgiving approaches,.we are reminded that food benefits only cover cold food. We have toiletries l, and not to be too graphic, but th first time we were in the woods I got my period for the second time that month. Now that we've returned to the woods, I got it again. Worst holiday and homeless experience ever!

We weren't able to locate affordable housing, a car, or job in less than 30 days, but we are ALIVE and for that we are thankful

Homeless in Under 13 Days

*This content has been edited as of October 30, 2024. We will be adding photos soon too

Dear Supporters and Donors,

We were issued an eviction notice that was taped to our door on October 11, 2024. The eviction effective date was October 17 and the eviction departure date was October 23 by 10:30 am. We had under 13 days to locate housing for us and our three seizure-alert and response dogs, and my wife has a traumatic brain injury (TBI) with broken fingers and toes from a fall off of our rental home's deck on August 17, 2024.

We did not have the reasonable time or chance to tour homes, especially since we do not have a car. I allowed the repossession of our car, meaning, I did not ask anyone to help me with the payments that I had not needed when I was working for the nonprofit. Getting rid of the car and the monthly payments meant that I had more money to afford a great family law attorney to help me with obtaining custody of my children. I have never had a car repossessed before this time. After our car was repossessed, I then get a message from Capital One that they understand the repossession is difficult, but that I could get it back if I agreed to pay a specific amount. I was already struggling with my month to month payments and the repayment plans were never clear to me, but if I could have paid a monthly amount then wouldn’t I have my car? My car was resold and the remaining amount of my auto loan is approximately $11,000. I will post more about my financial situation when I finish my Bill related to justice reform in the family court system based upon my post-judgment divorce in New Jersey.

Natalia's injuries coupled with my reconstructive surgery made our efforts to locate housing almost impossible, and a loss of grants due to this situation has made a 13 day relocation impossible. We started to apply for social security benefits, which is complicated by not having an address and is halted by not having access to my office printer and scanner. Staples is too expensive for us now. I bought my multifunctional printer from Staples in 2022.

Natalia's condition has worsened and we have spent a few nights in the woods and the last two nights without a tent. We were dealing with the cold and people who threaten to call the cops because you're trespassing and not on their land and have nothing better to do. They yelled at us like we're not even human beings and the looks of skepticism regarding your intentions make it clearly evident that these pseudo-policers of the new world order don't want you to exist.

The visual site of the homeless is the reminder that people don't want to have let alone see. It reveals the awkward and inappropriateness of a society that allows its citizens to not have shelter, which also suggests limited access to food, clothes, and water. I have had shelter my entire life until October 23, 2024. This is the first time that Natalia and I have been evicted. When you see us walking around town then you see us as the visual representation of the truth that most deny.

Also, to the lady that shouted out her car window and called my wife a “bum” and told her to get a job yesterday. I hope that you never have to endure what we have had to endure. My wife has a name and she is not a bum. If we were bums, then feel thankful and help others. The only reason you feel angry is because you feel guilty. The only reason you ignore the needs of others is because you don’t want to feel guilty. The only reason you cannot love others like they do in the Good Book or whatever book you chose or not chose or as you should is because you only love yourself. This is your choice.

Service Dogs

If we did not have our service dogs, then we would have been attacked by the foxes and coyotes in the area. Our Akitas literally took shifts protecting us when we were sleeping in the woods. You've likely seen a movie depicting some helpless person being thrown out of a home or released into a horrible situation in inclement weather with a high probability of death.

All the Justice of Peace Court did was throw us out into the wilderness and into freezing temperatures to die. It had other knowledge and reason to believe that 13 days would not be enough time to prepare for an eviction. Also, we believe that we are in the right legally so when faced with the possibility of eviction we could not expend money to invest in a new home.

We also informed people in our lives that we had a landlord-tenant matter and eviction was always possible. I applied for jobs, and had not received a reply. I worked for a non-profit here in Delaware in 2023. I designed their website and logo and performed tasks outside of my contract. I learned in a meeting after I was hired that they actually did not have enough money to pay my position. I used my monthly salary to create the marketing budget that they did not have and for travel and gas. I was charged with theft for work charges for the website that the organization still uses, and have not received a penny toward overtime. I was hired part-time and worked the position like a full-time job until I was dismissed on September 13, 2023.

This organization contacted the cops who arrested me in front of my colleagues and peers and potential employers on October 11, 2023 during a huge summit event at a hotel in Dewey Beach. I did not even know that I had a bench warrant and I was released hours later. I have never broken the law or stolen from my job and like so many others worked beyond the hours they were paid for in each role. I was given a Public Defender but opted to represent myself because a plea deal would force me to perjure myself and the charges were false in their entirety. I defended myself and the charges were dropped. The case is treated like it never was, but Delaware is small and the event was big. Natalia and I are big on financial transparency based upon my traumatizing experience. I will update our website regarding my campaign for justice in this matter too.

The path that led to our homelessness is torturous, and true. We lose friends that feel inconvenienced by the fact that they may friends in their lives that suck and hate us for so many reasons that are inherent to us.

How we treat one another can sentence you to: Unfair Judgment - the first time you tell people about your situation; Punishment - the eviction and the surprise response from the people you told; Torture - the retelling of your situation, transporting your belongings in a shopping cart and rolling luggage on the road, waiting for a decision from a Court regarding your life and death situation, longing to see your children in case you go to jail, get really sick, or die; and of course, eventually is death that promises to be slow in our situation.

We want to live and whether you understand our point of view or not, no one should have less than 13 days to avoid homelessness and really death. #GiveUsOneMoreNight is part of our advocacy platform and though it is meant for us now - we have believed in this concept from the start of our business. Natalia and I have opened our home to the transient community since 2020 and provided food, a shower, and place to rest for a night or a week. We had rules such as no drugs or illegal activity or other guests, and everyone is required to help with household chores. We also helped people obtain benefits and state aid if they lacked Internet or a computer.

Our business has a Bill to specifically help the homeless community through our organization, which is mentioned at the end of our story.

Please continue reading. We know this is long, but we have spent hours on the phone repeating the same details and responding to the same questions. It is human to forget and remember certain details and we all have different capacities. Please continue reading and thank you.

Our GoFundMe.org Goals

Our starting goal is: $5600 and the Go Fund Me site suggested that donations like ours start at a goal of: $5000. I was not able to add the factors that would increase that benchmark such as food for three service dogs and transportation needs for the chosen donation category of "EMERGENCIES."

The goal is also based upon the Delaware storage place that we used in 2022 and the hotel room cost for where we can stay is $78/night after applying veteran and AAA be edits.

We know how much storage, a U-Haul rental, hotel room would cost, and we also had to include an off-season room with preferably a Queen/King bed for my wife who is 5'2 and myself who is 5'9, but with the afro makes me look like 5'11. I'm focusing on length, but low key know that the Queen/King bed is in consideration of my width too :) If you watch Naked and Afraid, then you know that a bit of additional body fat can make the difference in a survival situation.

Please #GiveUsOneMoreNight at the hotel until we can find alternative housing and to ensure that justice is served upon the individuals who have contributed to our homelessness.

We deserve the chance for you to vet the information presented so that you can make an informed decision before thinking that we are bums, addicts, or blame others for our circumstances without accepting accountability.

*Update - We heard back from the Superior Court who considered it "moot" to not stop the eviction since the eviction. The Court issued the Writ of Possession 11 days after judgement and not the required 10, but I am too exhausted to file the reconsideration motion when other paperwork is due.

.We have to purchase a few supplies, propane tanks, and a tent to make it in the woods during the cold months. Right now we are using our food stamps to buy meat for us all. My ex-husband refused my request to buy food for our children with my food stamps and so we use it for ourselves and fur babies.

We go to thrift or consignment stores and of course shout-out to Walmart. There is no perfect entity in this world, but when someone gives me a roll of toilet paper without asking why I need it, then that’s what’s up. That was a metaphor and did not actually happen. This situation is a first for us and sometimes you need help navigating uncharted waters.

Emergency Housing, Shelters, and Affordable Housing

Places like shelters and apartments inadvertently discriminate against our service dogs. We keep hearing that no emergency housing or shelter is available and that we will have a difficult time locating housing with our service dogs. We added our name to affordable housing lists and voucher lists. We contacted our representatives and Governor in hopes that casting a large net would help locate more support.

The Justice of Peace Court 17 was aware of our disabilities and Natalia's TBI before denying our requests to extend the eviction beyond October 23. Right now the house is unoccupied with the majority of our belongings inside.

The only thing the eviction accomplished was in making us homeless with three service dogs and perpetuating and celebrating housing discrimination.

Any received donations will be placed on our website so you can track how your donation was spent. By track, I really mean until we can afford the real technology to track the expenditures of donated money in real time, please accept non-advanced PowerPoint images and pie charts with receipts.

Natalia and I are both unemployed. She is a retired boxer and worked labor-based jobs like landscaping and at Home Depot, but found her place working as a veterinarian technical assistant. She couldn't work a 12 hour work day with only a 30 minute break. No 15 minutes breaks were allowed. She had a seizure and was let go shortly thereafter. My employment history is long and I will post a link to my LinkedIn account soon. I graduated from Boston University with a master's degree in corporate public relations and from Tufts University with a bachelor's degree in English and Women Studies.

Being homeless long term is not an option for us and we need more time to stabilize after this recent trauma.

Justice still has not been served.

We started our own business last year. We used to say that we were self-employed, but we haven't made any money yet :) I have sought grants for the company we formed last year, which can be a full-time job yet is constantly interrupted by seeking justice in my personal and professional life. I am compelled by God to do this for my family and others.

In order to promote our business objectives, Natalia and I sought to convey that big diamond energy that has propelled us, so that others may feel similarly inspired. We did not plan for losses and the lies told to us and about us, our medical conditions, or to lose our home through eviction. We, like most people, were trying to live our best life with our family. Making this public only creates risks for us in terms of obtaining our parental rights to operating a mostly remote-based business.

Forced to Defend the Case with a Traumatic Brain Injury (TBI)

Natalia was born with Epilepsy marked by seizures, and her absent or "staring spell" seizures intensified and became more atypical with the TBI. She took the dogs outside to run around in the backyard on the electric collar and at some point she fell off the deck and onto the concrete pavement. She is strong and you wouldn't even know that she is in excruciating pain most days. The TBI has changed Natalia's temperament and since the fall she has been extremely irritable, overly emotional and sensitive, confused about her surroundings, and more impulsive. She also has greater memory loss and confusion and "remembers" details about the night when she fell that are inaccurate or simply did not happen.

For instance, Natalia told the ER doctor that she did not want the EMS workers to touch her forehead in the downstairs room she calls her "man cave." Natalia said that they touched her forehead even though she didn't want them to and it hurt a lot...

There were no EMS workers in her man cave on the night of her fall and Natalia was glued to her primary service dog, Camaro, in the master bedroom upstairs. (Natalia dragged her body up the stairs and it looked like a crime scene). There was no way that the EMS workers would come near Natalia and Camaro that night and I don't blame them. I thank them for their patience and kindness.

When someone has a TBI you have to manage your expectations of logic within reason. We have had a few encounters with recently with police officers who do not take the time to meet people where they are at and try to understand a situation with limited time and perspective. The situation sets people up for bias. If your matter could be handled in the street, then we would not need a court system.

The initial actions of police officers set the tone for how your case will be handled in court and telling your truth does not always grant clear passage through the justice forest. Inherently, and normally, people cannot trust someone that demands so much honesty with so little knowledge of who they are as a person and they don't know as well. We informed the police that we were being harassed by neighbors and no report was ever filed. Natalia was unlawfully detained by a Troop 17 police officer and then forced to go Beebe Hospital. I was not present for the eviction while at the Superior Courthouse to file a stay of the eviction and writ of certiorari. Natalia was given minutes to leave our home with broken fingers, toes, and a TBI. Extreme stress and anxiety are triggers for her epilepsy-based seizures, and she had no where to go our transportation.

Natalia went down the road and found someone from a local business with a truck to help her move her belongings to the woods. We live in a neighborhood with plenty of truck drivers. Through the police as our community leaders and protectors, Natalia was treated like a criminal and even criminals should be afforded some extension of assistance during life-altering matters like eviction.

Going back to the night of the fall, I informed Natalia that her account of certain details pertaining to her interaction with the EMS on the night of her fall did not happen. She was in tears because she was beyond frustrated trying to regain her balance and reality after feeling disoriented and confused after her TBI.

The weeks leading up to the September 23 court hearing were marked by Natalia's reflections on the details of her fall that evening with the same inaccuracies. I only recently remembered that the week before her fall I had my reconstructive surgery to remove breast tissue after an abnormal mammogram scare and to relieve my back pain.

Natalia called EMS after my drainage bags were too full for her liking and she was scared that I was bleeding internally. I could not climb the stairs so the EMS workers came into the only room that had a 17- inch long television and sofa - the man cave.

(Natalia was heartbroken to do it, but she sold the television weeks ago so we would have some money).

Clearly, Natalia had interwoven our shared experiences into the beautiful tapestry of - scrambled eggs.

...So how is scrambled eggs going to defend herself and rights coherently and present details accurately toward her defense in the September 23 hearing that was only a month after her TBI? This option would not serve in either of our best interests, and we requested a continuance, which is her legal right to do.

Our case was not taken on by Legal Defense or CLASI. If you believe that this means something negative about our case, then both of these organizations are ineffective in fulfilling their purpose. I don’t want to get a pro bono rejection and have the lack of representation interpreted by anyone that we don’t have a legitimate claim. It’s about money and time.

We had to go through two requests processes that together took over three weeks. Again, you have to prove that you are poor even though I had done that for three other state agencies. Our social security numbers were taken and I believe that this may be tied to the funding that Legal Defense or CLASI receives.

After we financially qualified for free legal services our case was reviewed and just like a rejected college application we were rejected with no real reason. Everyone should have legal representation in this country if we are going to have a court system and laws, fines, and jails, and or prisons. The deadlines imposed by states are unrealistic if you are not afforded the same equity, access, and opportunity to meet those deadlines. Natalia has a communication-based disability and that a state-provided attorney can chose not to represent her is a violation of due process inherently. I served in the capacity of a special accommodation for Natalia, but in terms of the legal obligations of filing and meeting deadlines that are part of this Tenant-Landlord matter, I have no legal rights. Again, I am not considered to be a tenant in my wife's landlord-tenant case.

When I informed the Court that Natalia had an injury and TBI, then my role in this matter needed to be defined by the Court. I am not a pro se litigant in the Landlord-Tenant case that was filed against Natalia. I have no legal rights as the Tenant so how can any court assume that I have any of the legal responsibilities as a tenant, which includes the filing of certain motions by a particular deadline?

Pro Bono Attorney

Finding a pro bono attorney that will handle a complex landlord-tenant matter that involves fair housing violations and other civil issues is not easy. I hope that the nonprofit legal systems that accepted my intake profited in no way from my information. This is not an accusation, but a request for edification so that I can make an informed choice about how I defend my rights going forward.

A 2022 New York Times article stated, "Across the county, roughly 90 percent of landlords are represented by counsel, while 90 percent of tenants are not. Simply having a lawyer increases the odds of being able to stay in one’s home. When tenants represent themselves in New York City, they are evicted in nearly 50 percent of cases. With a lawyer, they win 90 percent of the time."

We wanted representation and under Supreme Court Rule 57.1, Delaware Courts have the discretion to appoint and pay (from its Defense Fund) for free legal representation to eligible tenants facing eviction.

Why was this not stated to us as an option?

Natalia completed the Eviction Diversion module and the landlord did not. Also, it is my opinion that Natalia and I had a stronger case with a stronger show of evidence based upon substantiated fact and law. I represented Natalia, but did not enter in my appearance as her legal counsel because I am not a lawyer.

We uploaded over 26 exhibits to show that our claims that the landlord discriminated against us and retaliated against us after I assisted Natalia in reclaiming the unlawful partial overpayment and the service dog fee.

In Delaware, as in most states the "preponderance of evidence" means that in a civil case, we must present evidence that our version is more true than the other party's version. The landlord did not file the reply to our motion in 20 days and used my exhibits that I meticulously pulled together. I know it is not about quantity, but quality too.

Why did the Justice of Peace Court in not receiving a reply to the claims against the landlord not rule in our favor that our claims were more factually true? Why was our case grouped together with the landlord-tenant matter? Why were their two Justice of Peace Court Summary Possession cases on file for the same matter?

We have legitimate legal questions that need to be answered by a higher court.

The Justice of Peace Court 17 is forcing us to pay for renting a unit that the landlord said that she would not rent to us or add me to as a tenant based upon our disabilities and requests for returned unlawful payments.

We have valid concerns about our ruling and legitimate questions that need to be answered by a higher court.

Our Case Breakdown

Natalia paid for rent every month during her one-year lease term. The landlord refused to add me to the lease as a special accommodation. The landlord did not give us a renewed lease so that she could receive rent payments.

We are forced to pay the landlord's rent in arrears for a landlord that refused to rent the unit another year to Natalia and I because we had needs related to our disabilities, especially in regard to her dyslexia.

It is illegal to refuse me as a tenant and as a tenant that was also Natalia’s reasonable accommodation. In April, if the landlord wanted monthly rent then she would have received it with the renewal of the lease. Natalia’s former guardian informed Natalia in March that your trust fund was closing and had $14,000.

Natalia never saw that money and this is another reason why we have to pursue Natalia's justice by litigating against Truist. We have reason to believe that they have a history of not providing Natalia with access to her trust fund.

We chose for the public to know that we have had a lifetime of discrimination and have not pursued each injustice. We will pursue those mentioned here and on our website as they relate to the deprivation of our constitutional, parental, and human rights, which are inextricably linked to our survival. We will use these legal matters to provide specific remedies so that others don't have to unnecessarily suffer or cause suffering upon others. We all need to be reformed too.

For the first five days including the date of the eviction we have had 9 incidents that could have resulted in our mutual incarceration. We are able to take care of our service dogs and above ourselves, and keep them groomed and clean. I know that when people feel threatened that they do awful things and this includes contacting the police or animal control without cause or reason.

Animal Control

In terms of our service dogs, and since we also receive questions about them and why they are needed, we would be distraught if they were not in our lives. We do not trust the individuals within the local police department, and this includes within the Office of Animal Welfare.

In the pursuit of transparency, I received three counts of running-at-large for our three service dogs. This occurred when they were accompanying Natalia across the street to get the mail.

The dogs were permitted on our neighbors property and we got an affidavit to show this to Animal Welfare for the trial date that I have scheduled in December 2024.

Unfortunately, we have neighbors who hate our Akitas because they are simply Akitas. This is breed discrimination and one major reason why we use our service dogs to assist us with our anti-bias consultations. It does not matter that our Akitas have never bitten or attacked or growled in a menacing way - certain neighbors feel entitled to excommunicate individuals that they feel don't belong and their fear and ignorance is clear and wholly deplorable.

I received the summons after a neighbor jumped into the car of our other neighbor across the street who had no problem with our dogs and held her dog in fear that our dogs do something to her dogs. Presumably, she reported her experience to Animal Control who had told some of our neighbors to record us and our dogs based upon one neighbor's letter to our landlord in 2023.

I ran outside and heard my wife calling for me and I called the dogs in who came in right away and tended to her until she had a seizure and rested. Animal welfare contacted me and not Natalia and told me that I would now receive the summons.

Did you catch that I received the summons?

Worse even was that summons was somehow cross-listed to another Rebecca Evans in Delaware. I lost my medical insurance for months and it is still is not fully corrected because Animal Control entered in a ticket that was connected to another Rebecca Evans who was incarcerated in Delaware for identity theft... GREAT!

My information was released to the other Rebecca and I know this because I had some of her information.

Wouldn't you be highly upset by the loss of privacy due to the Animal Welfare ticket for service dogs that you were not handling at the time or in your possession? Would you not fear identity theft and the loss of benefits when you and your spouse needed medications?

This matter, which began in April 2023 resulted in me making 4 court appearances based upon court dates for the other Rebecca. I filed for a continuance when I was taking care of Natalia after the fall and filed a motion for review of the case for a speedy trial violation.

The animal control story will be on our site shortly and not to be punitive, but to provide suggestions for effective policies. There are laws to protect service dogs and we feel the impact to taxpayers is completely unnecessary for matters of this nature.

Furthermore, Animal Control said that they would drop 2 out of the 3 charges right before the September 6 court date.

Why was this not offered in April and held out until September 4?

Animal Control should have dropped the charges since the modification to the ticket to match my identity restarted the entire court process over again. I filed a request to have this matter dropped based upon:

The OAW knowingly and intentionally failed to comply with both the ADA Federal and State laws, which includes an exemption for service dogs. Natalia’s service dogs were working for her in their trained capacities and are exempt under these laws.

No one was harmed but taxpayers, Natalia and I.

Back to Our Rental Situation

We did not pay rent from March 1, 2024 until now because we did not receive a renewed month-to-month lease from our landlord. Also, we believed that we were owed rent based upon the overpayment of the security deposit, failure to accommodate which included repairs of the deck and fence, and failure to remediate the roach infestation.

The landlord asked us for $9300 down to rent the home that we desperately needed. Our first lease was for a one-year term and we had a verbal agreement regarding the renewal of the lease, which became the primary source of contention after we demanded the return of the security deposit overcharge in a prorated amount and the return of the service dog fee with other requests for repairs and reasonable accommodations.

We filed in the Justice of Peace Court 17 on March 3, 2024, which did not get filed until March 13. A Court Clerk said that I needed to sign the form too though no instructions were contained within the complaint form regarding who needed to sign. There is only one signature line on the form. I am not considered a legal tenant.

Bell v. Fichera

We stated to the Judge that the non-renewal of the lease was retaliatory and based upon violations of fair housing laws. We cited Bell v. Fichera, Civil Action JP16-23-001890, (Del. J.P. Ct. Aug. 9, 2023) (“JP16-23-00”) to substantiate our legal reasons for summary possession and to address the legal significance of disability-based housing discrimination.

In the Bell v. Fichera case: "Dana Fichera (Fichera), an individual landlord, brings an action for summary possession in this Court against Tony Bell (Bell). Following an evidentiary hearing on May 18, 2023, a single Justice of the Peace awarded Fichera summary possession. Bell subsequently appealed the order of possession to a three-judge panel in accordance with 25 Del. C. § 5717. This is the decision of the three-judge panel and the judgment of the Court following a trial de novo held on July 7, 2023, by Zoom video conference.

Upon consideration of the evidence and arguments of the parties, the Court finds the eviction action constitutes unlawful disability discrimination under the State and Federal Fair Housing Acts, and the complaint is hereby dismissed....Bell has a valid claim to the protections of the Fair Housing Acts as a defense to the eviction action. See, Kravis v. Justice of the Peace Court, 2023 WL 2975136 (Del.) Under the Fair Housing Acts, discrimination includes a landlord's refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. See, 42 U.S.C. § 3604(f)(3)(B) and 6 Del. C. § 4603A(a)(2).

To establish a failure to accommodate defense, Bell must demonstrate: (1) he suffers from a disability; (2) the landlord knew or should have known of the disability; (3) an accommodation of the disability is necessary to afford him an equal opportunity to use and enjoy the dwelling; (4) he requested a reasonable accommodation; and (5) the landlord refused to grant the reasonable accommodation. See, Douglas v. Kriegsfeld Corporation, 884 A.2d 1109, 1129 (D.C. 2005).In this case, it is undisputed Bell suffers from a disability and Fichera regarded him as having a disability. A "person with a disability" means any person who: (a) has a physical or mental impairment which substantially limits one or more major life activities; (b) has a record of such impairment; or (c) is regarded as having such an impairment. See, 42 U.S.C. § 3602(h) and 6 Del. C. § 4602(10) referencing 6 Del. C. § 4502(18). Fichera explicitly describes Bell as a disabled person in the complaint, and referred to his disability status throughout her testimony..."

We established the failure to accommodate defense. We had emails, text, messages and the Court's own acknowledgement of the requests made in three significant letters. We showed the letter that we received to essentially evict our service dog or risk the termination of the lease. We compiled by rehoming Mishka. We had several exhibits that were part of our initial complaint and entered into evidence during the hearings.

Case Timeline

Natalia's landlord and the landlord's attorney filed two summary possession motions, one on March 4 and another on June 10, which were combined with our initial filing. Hearing continuations occurred based upon the request of the court, plaintiff, and defendant at different times, and was finally heard on August 16 and ruled in favor of the landlord on August 22.

In the hearing scheduled on June 12, Natalia and I were present and ready to defend, but the landlord who had an attorney was suddenly unable to understand and answer our questions. The Presiding Judge questioned the competency of the landlord's comprehension of English and ordered a continuation to have an interpreter at the next hearing. We informed the court that a new lease was needed for any landlord to be paid. Natalia had money at this time for rent. We were upset that the Court delayed the proceeding based upon a need that was not expressed by the landlord or her attorney.

Fast forward to October 21. We file a motion to stay the eviction and include the actual letter from a trained rehabilitation concussion specialist to further substantiate that Natalia is temporarily incompetent to defend her rights in court due to the TBI and the court still does not find her competency questionable?

How can a Justice of the Peace court create such reckless havoc in our lives? It is not a medical entity trained to determine the severity of Natalia's condition and in the absence of evidence to contradict the evidence that we submitted to the Court should have reached a decision based upon substantiated fact and law.

FACT: Natalia has a TBI and Epilepsy and has symptoms that would interfere with her ability to stand trial. We have the letters and appointment information from all of her specialists to support that she has a neurological condition already and another neurological condition due to the recent TBI.

LAW: This was part of the ex-parte order that we sent to the Justice of the Peace Court on October 21 to stay the eviction or writ of summary possession. "Per 18 U.S. Code § 424 and Supreme Court case Pate v. Robinson, the Court established that trying a defendant who is incompetent violates due process."

To expect Natalia’s presence in the context of the information received by the Justice of the Peace Court and to deny a continuation that was based upon her questionable competency is a violation of her due process. Online research also reveals that "In Delaware, the punishment for housing discrimination can include financial penalties, court-ordered injunctions to prevent further discriminatory practices, compensation for damages to the victim including pain and suffering, and in some cases, attorney fees, depending on the severity of the violation and findings of the investigation by the Delaware Division of Human and Civil Rights."

We did file our matter with the Delaware Division of Human and Civil Rights and our case was never assigned to anyone and not investigated. I did follow up with the office and left messages and was transferred before connecting to someone who I have not heard from in awhile for case #00002866.

The advice that we receive is based upon the bias that is out there, but also because most people don’t publicize their hard times like this and sacrifice their privacy in the name of progress.

I am vigilant and do follow-up on our complaints, and even if I divided myself into a 100 pieces I would still struggle to follow-up with all of my leads on a daily basis and also make sure that I call my kids who think that their mom has abandoned them. I can handle a lot (and they say ADHD is a bad thing) and I hold firm to my faith and my God who has prepared me for such a time as this.

More Court Dates

The July 7 case was rescheduled again by the Court due to the Presiding Judge's medical emergency.

August 16 we had the evidentiary hearing that ruled in favor of the landlord on August 22.

We appealed the decision to a 3-Judge panel in a De Novo hearing as the ruling did not align with the determination in the Bell v. Fichera matter and because the issue of rent holding, compensatory remedies for discrimination, and other remedies such as 2/3 return of the rent had not been adequately addressed or addressed at all in the ruling, yet this had been a notably and seemingly critical part of this matter that was highlighted during the hearing.

We informed the JP Court and opposing counsel in August that Natalia had a severe fall and sustained injuries. I scheduled transportation through our medical insurance carrier to various doctor's appointments. The JP Court sent notice of the 3-Judge panel after September 9 and scheduled the hearing for an upcoming date on September 23.

Natalia was admitted into the ER based upon the fall three times with her most recent ER entry on September 15, 2024. We sent the JP Court email updates and filed requests for continuations regarding her ability to be present in court on September 18, 19, 20, and 23 and provided the medical documentation to support Natalia's appointments, injuries, and most importantly her traumatic brain injury. I submitted my concerns for Natalia's ability or competency to stand trial based upon her TBI and recent symptoms.

All continuation requests were denied by the same judge who was part of the De Novo panel, which presumably was supposed to consist of a neutral panel of judges who had no prior knowledge of the case. This was not the case as one of the judges on the panel acted as the presiding judge and denied our change of venue request, and all continuation requests prior to the ruling in favor of the landlord on September 23.

On September 23, the judges ruled in favor of the landlord due to Natalia's "Failure to Appear." If you read the small excerpt that I included above from the other referenced trial Fichera v. Bell, then you can see why having a de novo hearing or being afforded due process is so important. It can reverse the decision of a case and keep you in your home and restore your justice through monetary award too.

We received the ruling in the mail after the 5 days to appeal date had already passed and we were so confused why our Change of Venue request was not granted a hearing though we filed this request before the request for a 3-Judge panel. We missed the appeal date for the Court of Common Pleas, and received the Eviction Notice or Writ of Possession on October 11, 2024 with the effective date of October 17 and move out date of October 23.

Natalia missed deadlines due to confusion and memory loss that increased after her TBI. I am not a Tenant and have no right to file an appeal against the Landlord. The Landlord refused to add me to the lease as a tenant due to disability discrimination.

On October 21, we submitted a filing to stay the eviction set forth in the Writ of Possession filing that was signed by a single Judge after the De Novo trial. Natalia was seen by the Medical Director of the Neuro-Rehab facility on October 14. He sent us a letter on October 18, which we sent to the Justice of Peace Court on October 21 in support of our filings for continuation and as part of Exhibit A for our Motion/Order to Stay the Eviction in the Writ of Possession Order.

As I stated above, I provided the court with information related to her TBI and updates so that they could offer Natalia what they offered the landlord, which is a continuation based upon the questionable competency of her ability to stand trial and defend her case. The Court decided that Natalia should appear in Court after her August 17 fall to argue her case for temporary incompetence when she was incompetent. Also, the court mentioned that it provided a virtual link.

Natalia was not competent to stand trial based upon the injuries she sustained on August 17. There is no reason for the JP Court to believe that her inability to be present with a TBI and seizures would make her more fit to stand trial on September 23. (I could not even keep Natalia awake for more than 20 minutes on the date of her de novo hearing and we both had gotten sick).

Instead of applying our request to the Writ of Summary Possession filing, the JP Court misconstrued our request as an appeal of the September 23 De Novo hearing. The decision to deny our October 21 stay was made after hours and filed under a deactivated court filing number that is not part of the automatic notification system. Also, I cannot access this filing on e-flex, which is non-clickable on my end. This was known to the court.

On October 23, I contacted the Court Administrator since I did not receive an update and she said the decision was made yesterday that the request to stay the eviction had been denied.

On October 23, God sent me an angel to drive me to the Superior Court and submit the imperfect Writ of Certiorari and In Forma Pauperis Request/Fee Waiver form on the basis of poverty. This form must first be approved before you can have your motion filed and even if it involves something life-altering and critical as an eviction - you are forced to wait for someone who presumably goes to a home after work can approve of your poverty and waive your fees.

We hope that the Superior Court will overturn the ruling and allow us access into the home until Natalia is competent and will also award us compensation due to the blatant discrimination and the landlord's failure to accommodate us as permitted by law.

Note: As of October 29 the Superior Court said our stay of eviction was moot. As an added note, I contacted the Superior Court the day before to see if I could submit the Stay via e-mail. Only attorneys are allowed to submit online. I could not afford to drive in person and Natalia was acting TBI-ish again and needed to be monitored.

A Bit About Natalia

Natalia was adopted from Russia and when she was above 5 years old her adopted mother, Carol Ann Evans passed away from a type of metastatic cancer. Carol was a Medical Librarian who worked for the United States Government and was a graduate of Columbia University and George Mason University. Natalia lived with her former guardians and spent her childhood and young teenage years after Carol passed away in 1995 in one sleepaway institution after the next. She had a Fiduciary Trustee, Truist Bank, LLC and a trust fund that she didn't know existed until 2018. This trust fund was meant to last her a lifetime and to provide her with the education that she never received, a car that she never even received a license to drive or own, and medical insurance that she did not have for most of her life. Truist denied Natalia's mortgage application for a home in 2022 that would have resulted in mortgage payments of approximately $1500 a month, but denied her request stating more income was needed for them to approve a loan.

The former guardian had purchased a $50,000 Porsche using the trust funds that Truist approved in 2005 and Natalia could not even use the car as an asset to purchase a home with the remaining money in the trust account. The value of her trust fund had gone from the millions to $325,000 in 2018. Instead of Truist Bank (formerly BB&T and Virginia First Capital) purchasing a home for Natalia she was forced to pay for rent in neighbors of high crime or be vulnerable to corrupt landlords who unlawfully overcharged her through the security deposit because she had a trust fund.

Natalia's trust fund, intended for her sole benefit, was spread between whatever Truist approved and what her former Guardians requested, but she never had a say until it was almost completely depleted.

Now, two couples or four landlords with private ownership have deprived her of thousands of dollars. The story regarding Natalia's first rental home in the Diamond State in Harbeson will be part of another future post.

My point is that there were other core provisions within the irrevocable trust document that would have guaranteed that she would not have to ask for financial assistance or experience homelessness. She paid into the system heavily and only asked for fair and honest treatment for the only legacy that Natalia had to connect her with her departed mom.

Truist paid the landlord $9300.00 down in security deposit and $200 above the listing price on February 24, 2023 and paid $2850 monthly with a verbal guarantee that her wife and stepchildren could be on the lease. The landlord forced us to evict our service dog Mishka in August 2023 in a letter written by her former attorney. There is no limit to how many service dogs can be used to assist your disability.

Natalia made a reasonable request of accommodation to have the deck repaired last year in August 2023 after she fell through the deck.

On August 17 of this year (2024), Natalia likely tripped over a raised slab or nail and fell hard and fast onto the stairs and concrete patio right under the stairs. Natalia may be 5'2 and the deck was above the allowed deck height of 30" and had no guardrails for the 5 risers. The deck was not part of the original build of the house. The Building Department issued a CCO/Compliant Permit for the Deck according to universal building codes standards. The deck is still not fixed. We had evidence to support our claim of damages in the de novo proceeding.

Again, we were only given a 13 day eviction notice. We could have died in the woods two nights ago from hypothermia if my parents had not rented a room for us, which is not a solution to our housing situation.

This matter was at best a Holdover Tenancy matter and when we filed Natalia didn't owe anything to the landlord. The landlord owed money to us, and we showed that in terms of the water and sewer bill I had tried to pay the landlord who chose not to accept my payment. My money was not good enough for this bigoted and greedy landlord.

The landlord has not provided the accommodations or repairs that Natalia has requested. Only the washer was replaced.

The remediation of the roaches, the broken deck and fence, and refrigerator, and ventilation issues were never fixed. The AC was off and on and then broken and when fixed we lived with the smell of dead rodents for weeks as we both tried to recover from surgery and injuries. The landlord has not provided the overpayment of the security deposit. The landlord partially reimbursed Natalia $2850 so far and the $750 return of the service dog fee. I spearheaded this request of the landlord.

Currently, the home is unoccupied and our belongings remain until we can find help moving and storing our items. We had until Thursday October 31 per the Constable to get our belongings before everything is thrown out. The landlord's attorney emailed us on Friday October 25 that the landlord was "out of the country." When I spoke to the landlord's friend who coordinated allowing me into the house to grab food, medications, and clothes this past Thursday, I heard an unidentified female voice answering my questions in the background. I have no proof that this was the landlord.

Hotels are easier places for us to stay since they cannot refuse housing on the basis of our service dogs, usually. Actually, no shelter or affordable housing can legally refuse us. The lack of knowledge and the bias regarding the rights of disabled people are still not known and to our detriment.

Some citizens and businesses that do not know about service dog rights are a source of the weekly harassment that we receive. The solution is to not get rid of the service dogs that Natalia needs, but to educate the public and hold them accountable.

On a federal, state, or municipal level we cannot be denied housing or services on the basis of our disabilities and the needs that they create including the need for service dogs. Natalia is not required to show any papers, badges, harness, or to indicate that her dog is a service dog. You can only ask if the dog is a service dog and what service the dog provides.

Throughout all of this the only source for immediate protection, love, and patience was Moose, Camaro, and Luna our beloved service dogs. God bless them.

Our GoFundMe Goals

Our starting goal is: $5600 to cover hotel room stays and storage for the next 30 days, and for a truck in case we need to rent a U-Haul. We have to purchase a few supplies, pay for our phone bill, and rent dollies to help us lift. We also need another tent (we have a huge rip in ours after our stay in the woods).

#GiiveUsOneMoreNight

Pay here or at Venmo us: @DiamondStateofMindLLC

When we receive donations we will place updates on our website so you can track how your donation was spent shortly thereafter and predicated on Internet availability.

Our Work and Business

Right now, we are both unemployed and self-employed through Diamond State of Mind, LLC. We are seeking grants for the company we formed last year, and housing discrimination has affected our family's potential and financial stability and business opportunities.

We missed specific grant deadlines, short-term PR gigs, and crucial networking opportunities. We missed days fighting for our girls and missed moments in their lives that we can never have returned. We are constantly overwhelmed and have no family here, but God has sent us angels in our most critical moments of needs and for this and the chance to live another day makes us extremely grateful.

We are sympathetic to the mental health community and though we have no addictions or substance abuse issues we understand the psychological impact of losing housing and having nowhere to go.

We endure discrimination and bias on a weekly basis and we are even more vulnerable to violence, harassment, and incarceration because we did not have due process or a fair ruling to protect our rights.

We appreciate your support and to learn more about Natalia and I, please go to www.DiamondStateofMind.org

Thanks in advance for sharing our story with others and for helping us avoid long-term housing insecurity.

Respectfully,

Rebecca and Natalia

About Diamond State of Mind, LLC

Diamond State of Mind, LLC (DSM) is an organization formed by artists and activists. We seek a mobile exhibition space and creative artistic spaces for artists of all kinds from the communities that fit how we identify, which includes membership in federally-protected classifications: Women, Veteran, BIPOC, Disabled Persons, LGBTQIA+, Financially Disabled, and Immigrants. Our Mission is to write effective and precise policy stemming from our Bills that if passed will create immediate and positive change.

We communicate our advocacy efforts through artistic mediums, our service dogs, and grassroots marketing and public relations efforts to further our vision. We offer anti-bias training and consultation through our trademark (pending) strategies which incorporate artistic processes and our service dogs too. We strive to create and implement immediate socioeconomic, justice, and cultural change through strategic and creative communication and collaboration.

Our commitment to activism and artistry is done in the pursuit of justice and equality for all as our core guiding principle. All minds are invaluable resources that can be strengthened and refined to do, feel, and think better.

This is the DSM mission and we are excited to collaborate and learn from our shared stories of injustice.

Feel free to email us at: [email redacted]

Respectfully,

Rebecca and Natalia Evans