CLEVELAND MUNICIPAL COURT



CLEVELAND MUNICIPAL COURT

HOUSING DIVISION

CUYAHOGA COUNTY, OHIO

FONZETTA M. HILL : CASE NO. 02CVH-02678

:

Plaintiff :

: JUDGE RAYMOND L. PIANKA

v. :

:

DELROB, INC., et al. : PLAINTIFF’S AMENDED NOTICE

: OF DEPOSITION UPON ORAL

Defendants : EXAMINATION

Pursuant to Rule 30 of the Ohio Rules of Civil Procedure, Plaintiff hereby gives notice that on February 14, 2002, at 9:30 a.m., at the offices of The Legal Aid Society of Cleveland, 1223 West Sixth Street, Fourth Floor, Cleveland, Ohio 44113, Plaintiff will take the deposition upon oral examination of:

Cuyahoga Metropolitan Housing Authority

1441 West 25th Street

Cleveland, Ohio 44113

This deposition will be held in place of the deposition of the Cuyahoga Metropolitan Housing Authority that previously was scheduled for February 15, 2002, at 9:30 a.m., in Plaintiff’s Notice of Deposition, filed February 6, 2002.

Definitions

In this Notice of Deposition, the respective terms stated below mean as follows:

1. “CMHA” means the Cuyahoga Metropolitan Housing Authority;

2. “EWE” means the East Woodland Estates housing development in Cleveland, Ohio, which is the housing development that includes the rental unit located at 2650 E. 71st Street, Cleveland, Ohio 44104;

3. “Enhanced voucher” means a section 8 enhanced voucher;

4. “EWE enhanced vouchers” means the enhanced vouchers that CMHA administers in connection with EWE;

5. “EWE enhanced voucher tenant” means an EWE tenant to whom CMHA issued an enhanced voucher;

6. “RFTA” means a request for tenancy approval in the enhanced voucher program or the regular section 8 voucher program;

7. “HAP contract” means a housing assistance payments contract in the enhanced voucher program or the regular section 8 voucher program;

8. “HQS” means the housing quality standards in the enhanced voucher program and the regular section 8 voucher program; and

9. “Defendants” means Defendant Delrob, Inc., and/or Defendant Robert Thompson, and/or Defendant Aaron Thompson.

Rule 30(B)(5) -- Subject Matters of the Exam

Pursuant to Rule 30(B)(5) of the Ohio Rules of Civil Procedure, CMHA shall designate one or more duly authorized persons who shall testify on its behalf and who, individually or in the aggregate, shall testify as to all matters known or reasonably available to CMHA regarding the following subject matters.

1. The general requirements and procedures of the enhanced voucher program.

2. All communications, written or oral, between CMHA and Defendants regarding the general operation of the enhanced voucher program.

3. All communications, written or oral, between CMHA and Defendants regarding the general operation of the enhanced voucher program at EWE.

4. All general communications, written or oral, from CMHA to the EWE tenants regarding the general operation of the enhanced voucher program.

5. All general communications, written or oral, from CMHA to the EWE tenants regarding the general operation of the enhanced voucher program at EWE.

6. The amount of the gross rent and the amount of the rent to owner, under the enhanced voucher program, on which CMHA and Defendants (or East Woodland Estates limited partnership) have agreed for the three-bedroom dwelling units at EWE and for the two-bedroom dwelling units at EWE, and the dates on which they agreed on those respective rents.

7. Each name that Defendants submitted to CMHA as an EWE tenant who may be eligible to receive an EWE enhanced voucher, and their respective EWE addresses that Defendants submitted to CMHA.

8. The name and EWE address of each EWE enhanced voucher tenant, and the date on which CMHA issued an enhanced voucher to the tenant.

9. The name and EWE address of each EWE tenant to whom CMHA has not issued an enhanced voucher because, under CMHA’s admission screening under 24 C.F.R.

§§ 982.552 and 982.553, CMHA has determined that the family is ineligible to receive an enhanced voucher.

10. The name and EWE address of each EWE tenant to whom CMHA has not issued an enhanced voucher because, notwithstanding Defendants’ submission of the tenant’s name to CMHA as a family that may be eligible to receive an enhanced voucher, the tenant has not completed and submitted an application to CMHA for the issuance of an enhanced voucher.

11. The name and EWE address of each EWE tenant to whom CMHA has not issued an enhanced voucher, notwithstanding Defendants’ submission of the tenant’s name to CMHA as a family that may be eligible to receive an EWE enhanced voucher, for a reason other than those referenced in paragraphs 9 and 10, above, and the reason for the non-issuance of an EWE enhanced voucher to the tenant.

12. The name and EWE address of each EWE enhanced voucher tenant who has submitted to CMHA an RFTA for the use of the enhanced voucher at an EWE rental unit, the date on which CMHA received the RFTA, the activities that CMHA has undertaken in connection with the RFTA, and the decisions that CMHA has made in connection with the RFTA.

13. The name and EWE address of each EWE enhanced voucher tenant who has submitted to CMHA an RFTA for the use of the enhanced voucher at a rental unit that is not located in EWE (which would thus convert the enhanced voucher to a regular voucher), the date on which CMHA received the RFTA, the activities that CMHA has undertaken in connection with the RFTA, and the decisions that CMHA has made in connection with the RFTA.

14. The name and EWE address of each EWE enhanced voucher tenant who has not submitted to CMHA an RFTA for the use of the enhanced voucher at a rental unit.

15. The name and EWE address of each EWE enhanced voucher tenant who has submitted to CMHA a lease signed by the tenant and the EWE landlord for the use of the enhanced voucher at an EWE rental unit, the date on which CMHA received the signed lease, the activities that CMHA has undertaken in connection with the signed lease, and the decisions that CMHA has made in connection with the signed lease.

16. The name and EWE address of each EWE enhanced voucher tenant who has submitted to CMHA a lease signed by the tenant and the landlord for the use of the enhanced voucher at a rental unit that is not located in EWE (which would thus convert the enhanced voucher to a regular voucher), the date on which CMHA received the signed lease, the activities that CMHA has undertaken in connection with the signed lease, and the decisions that CMHA has made in connection with the signed lease.

17. The name and EWE address of each EWE enhanced voucher tenant who has not submitted to CMHA a lease signed by the tenant and a landlord for the use of the enhanced voucher at a rental unit

18. The name and EWE address of each EWE enhanced voucher tenant for whom CMHA and the EWE landlord have signed a HAP contract that enables the tenant to use the enhanced voucher at EWE, the date on which the EWE landlord signed the HAP contract, the date on which CMHA signed the HAP contract, and the activities that CMHA has undertaken in connection with the signed contract.

19. The name and EWE address of each EWE enhanced voucher tenant for whom CMHA and a landlord have signed a HAP contract that enables the tenant to use the enhanced voucher at a rental unit that is not located in EWE (which would thus convert the enhanced voucher to a regular voucher), the date on which the landlord signed the HAP contract, the date on which CMHA signed the HAP contract, and the activities that CMHA has undertaken in connection with the signed contract.

20. The name and EWE address of each EWE enhanced voucher tenant for whom CMHA and a landlord have not signed a HAP contract that would enable the tenant to use the enhanced voucher at a rental unit.

21. For each initial HQS inspection that CMHA conducted at an EWE rental unit in connection with the EWE enhanced vouchers, the address of the rental unit, the date of the inspection, CMHA’s inspection findings as to the condition of the rental unit, CMHA’s inspection findings as to HQS violations, any other inspection findings by CMHA, any and all communications, written and oral, between CMHA and Defendants regarding the inspection, the date of each such communication between CMHA and Defendants, any other activities that CMHA has undertaken in connection with the inspection, and any other decisions that CMHA has made in connection with the inspection or its inspection findings. 22. For each HQS re-inspection (i.e., any HQS inspection after the initial HQS inspection) that CMHA conducted at an EWE rental unit in connection with the EWE enhanced vouchers, the address of the rental unit, the date of the re-inspection, CMHA’s re-inspection findings as to the condition of the rental unit, CMHA’s re-inspection findings as to HQS violations, any other re-inspection findings by CMHA, any and all communications, written and oral, between CMHA and Defendants regarding the re-inspection, the date of each such communication between CMHA and Defendants, any other activities that CMHA has undertaken in connection with the re-inspection, and any other decisions that CMHA has

made in connection with the re-inspection or its re-inspection findings.

Respectfully submitted,

___________________________

PETER M. ISKIN (0022373)

1223 West Sixth Street

Cleveland, OH 44113

Tel: (216) 861-5654

Fax: (216) 687-0779

E-mail: pmiskin@

Attorney for Plaintiff

Certificate of Service

I certify that, on February 11, 2002, I served a copy of the foregoing Plaintiff’s Amended Notice of Deposition Upon Oral Examination by first class U.S. mail, postage prepaid, upon the Defendants at their respective addresses stated below:

Delrob, Inc.

17420 Harvard Avenue

Cleveland, OH 44128

and

Robert Thompson

17420 Harvard Avenue

Cleveland, OH 44128

and

Aaron Thompson

17420 Harvard Avenue

Cleveland, OH 44128

__________________________

PETER M. ISKIN (0022373)

Attorney for Plaintiff

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