UN ITED STA TES D ISTR ICT COUR T

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case# :

ADEM ALBRA

Plaintiff,

clTy oy FORT LAUOàRDALE and

FILED BY ,C.

JUN 2 3 2220 u :

CLEANGELA E. NOBLE RK U S. DIST (=

s. D. og yuk- - FT. imuo.

COU I,AINT FOR DO GES INCLU DW G INJUN CTIVE RELIEF

Plaintift Adem Albra, m oves this Court for dnm ages, and injunctive relief,

and, hereby files this cause of action against the City of Fort Lauderdale, as the

Defendant has dem onstrated w anton actions, including deliberate indifference to

the life of Plaintiff, by its exclusion, denial, and interference, with his participation

in the benefit of a Housing & Urban Developm ent (<TI-IUD''I program , Housing of

Persons with AIDS CHOPW AD, 24 CFR b 574.300, locally adm izaistered by the City

of Foz't Lauderdale.

Plaintiff's action against the Defendant is pm suant to 42 U SC j 1983,

deprivation of Plaintiffs Constitutional Right of Due Process & Equal Protection,

secured by the 14th Am endm ent of the U .S. Constitution; Title 11 of the ADA &

Section 504 of the Rehabilitation - for denial of pccess to federally adm irtistered

programs; FL Statute 5760.50 and, for violations of the President's, and the FL

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Governor's Em ergency dtzring the coronavirus pandem ic, which, the

D efendant's willful ignorance of these executive em ergency pow ers, directly harm s

the Plaintiff.

'l'he refusal by the City in providing Plaintiff access to em ergency housing

assi.stance, during the CöVID-I9 Pandemic, violates the National Emergency Order

of the President of the U nited States; it violates the Executive Order of the

Order

Governor of Florida requiring Floridians to 'fstay Safer'' at hom e, paA icularly, elder

adttlts, 'or im m une com prom ised individuals, like Plaintiff.

OVERVY W

In order to protect persons living with HIV/AIDS, like Plaintiff, from

increased exposttre to COVID-19, which, w ottld increase the overall death count of

this pandem ic, Congress & and the President had passed m lm erous acts of

legislation, which included ftm ding a trem endous am ount of dollars to the federal

agencies.

H UD w as provided m illions of dollars to disbtlrse to city and county grantees,

with instructions that dttring the coronavirus pandem ic, persons living with

HIV/AIDS would be housed imm ediately, and, not be hom eless at any tim e, and

unnecessatily exposed to the COVID -19 virus.

N ot only did H UD provide substantial am otm ts of m onies to each grantee, it

also provided them w ith regulatory waivers in order to reduce all barriers that were

in the way from imm ediately protecting individuals living with HIV/AIDS from

hom elessness, and, exposure to the COVID-19 virus (see Exhibit f% '').

2

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However, the City of Fort Lauderdale, as grantee of these federally allocated

m onies, had failed, and continues to fail, to provide housing for Plaintiff with these

HO/WA dollars, dm ing this nationally declared emergency, putting Plaintiff's life

at unnecessary risk.

'rhe actions of the Defendant are com pletely arbitrary and capricious, and,

without i'espect to the rule of law of the United States as it pertains to H OPW A; nor

has any rules, regulations, or regulatory guidance provided by H UD been followed.

To this day, Plaintiff had never provided an iota of due process by the

Defendant in this m atter, and, the deliberate indifference by the Defendant,

dem ands not only injunctive relief, but punitive dnmages.

qh e arbitrary and capricious actions of the D efendant, causes Plaintiff, a

person living with HIV/AIDS,and those sim ilarly situated, to be m ore exposed to

the COVID -19, and, have a higher risk of infection and death, as a result.

Plaintiff is still hom eless, has HIV/AIDS, and continues to live on the streets,

during this covid-lg pandemic, rendering him highty susceptible to acquiring covid19 and clie, all because the D efendants refuse to follow basic law , and decency.

Under the Suprem acy Clause of the U nited States Constitution, any action of

1aw of State or Local governrnent that conflicts w ith the U .S. Constitution m ust

yield. Also, D efendants are not entitled to Tenth Am endm ent im m unity on ADA

Law suits.

PARTIES/IURISDICTION AND VENUE

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1. Jurisdiction for this suit is conlbrred in part by 42 U .S.C. 1983, which

provides, in part:

Every person who, under color of any statute,ordinance, regulation,

custom or usage, of any State or Territory, or the District of Colum bia,

subjects, or causes to be subjected, any citizen of the United States or

other person within the jtzriscliction thereof to the deprivation of any

rlghts, privileges, or im m unities secttred by the Constitution and laws,

shall be liable to the party injured in an action of law, suit in equity, or

other proceedings for redress.

2. Under 28 U.S.C. 1331 and 1343(a)(3) and (4), the Court can entertain an

action to redress deprivation of rights m zaranteed by the United States

Coqstitution, and the Court has jurisdiction to hear an action to redress

deprivation of rights g'uaranteed by the laws and the Constitution.

3. 42 U.S. Code b 12131 et seq, Title 11 of the ADA, requires federal jurisdiction

to hear claim s of discrim ination by State and Local Governm ent.

4. Plaintiff is a private individual, a resident of Brow ard County, Florida, and

venue before this court is appropriate.

5. Defendant is a local governm ent, in the State of Florida, with the z'ight to

sue and be sued, and venue before thié cotu't is appropriate.

4

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STATEM N TS OF THE CASE

1. Plaintiff, Adem M bra, suffers from HIV/AIDS, has no incom e, and is entitled

to federal H OPW A housing services.

2. Defendant, the City of Fort Lauderdale, is the local grantee, responsible for

providing housing services, through the federally allocated, HOPW A

progranl.

3. On March 13, 2020, the W esident of the United States, declared a national

em ergency due to the covid-lg pandem ic, and, signed em ergency executive

orders to ensure the safety of Am ericans.

4. On M arch 9, 2020, the Governor of the State of Florida, declared an

em ergency, and signed executive actions, due to the covid-lg pandem ic, and,

required all Floridian to stay hom e, particularly elderly or individuals who

were im m une com prom ised.

5. On M arch 10, 2020, Brow ard County Adm inistrator issued an em ergency

order, 20-03, shutting down a1l non-essential buàinesses, an2 requiring

residents to stay hom e, and, to go only go out for essential services.

5

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6. On M arch 17, 2020, the Chief Judge of Broward County, sigaled an

em ergency order prohibiting any evictions of tenants from their residence,

due to the seriousness of the coronavimzs, until late Aun st 2020.

7. On February 5, 2020, the City of Fol't Lauderdale's H OPW A program denied

Plaintiff services, and, failed to provide him a denial letter, a hearing, or any

due process, as required by H OPW A program requirem ents.

8. On M ay 4, 2020, as Plaintiff w as hom eless dtzring tlzis pandem ic, he had

contacted the Defendant's H OPW A prog'ram for im m ediate, em ergency

assistance. H e had also provided with a letter stating the serd ces he needed

(see attached Exhibit fTB'') however, no response w . # as forthcom ing.

9. Defendant's H OPW A program inform ed Plaintiff they were too busy to

provide him em ergency housing assistance, and, were unable to provide him

with housing assistance, one week later, M ay 11, 2020.

lo.Broward County Em ergency Order required hotels and m otels to only accept

first responders, or, individuals who need the stay in a hotel because they

have no other place to live, and, it w ill be used as their prim ary residence.

11.On M ay 11, 2020, the D efendant's H OPW A progrnm provided Plaintiff w ith a

hotel voucher at a mm -down extended stay Am erica hotel, although Plaintiff

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had specifically infovmed his housing counselor that he wanted an aifernate

hotel, or, at least an alternate extended stay location, as a form of

accom m odation! rlahe D efendants uu laterally denied this request w ithout an

interactive process.

lz.D efendants claim ed they were contrlctually obligated to ozlly utilize one of

tw o Extendedstay H otel locations; yet,Plaintiff had his preferred location

willing, ready, and able to accept this sam e housing voucher.

13.On M ay 11, 2020, Plaintiff had no choice but to go to the Tmm -dow n' extended

stak hotel, where, the staff already knew that Plaintiff did not like that hotel

and requested another location.

14.From the onset of arriving at the hotel, Plaintiff had notified the Defendant's

housing counselor of the hostilities, and the garbage ridden hotel. Yet,

nothing was done.

15.The hotel w ould not provide Plaintiff clean sheets and towels, and, Plaintiff

had developed a Tboil' on his skin, w here, he had went to the hospital for

treatm ent.

l6.plaintiff had notified the hotel m anager of this boil, and she had filed an

incident report with her com pany.

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17.A few days aftèr that, the hotel notified Plaintiffs housing counselor, that it

is unilaterally choosing not to renew Plaintiffs reservation despite the fact

they are contractually obligated to do so.

18.The m anagem ent of the hotel went so far as to notify the 2nd hotel that

H OPW A uses, to block Plaintiff access to that location, and labeled him a Zo

not rent to'.

lg.Despite Plaintiffs nllm erous attem pts to have the Defendants either enforce

their contract HOPW A contract with the extendedstay hotel, or, provide him

with an alternative m otel to stay at, the D efendants refused to take any

action whatsoever.

20.On M ay 29, 2020, the Extended Stay Am erica H otel falsely inform ed the

Brow ard County Sheriff's Dept that they changed Plaintiffs status from

resident to guest, and, therefore, could have Plaintiff rem oved, the sam e w ay

they could any other guestlsicl.

21.On M ay 29, 2020, Plaintiff w as ordered by the Sheriffs dept to leave the hotel

room , w ithin 5 m inutes, contrary to Florida Statues as it pertains to who is a

resident, and, w ho is a hotel guest. rfhe hotel w illfully violated the law

because no evictions were allowed until late August, and, the Defendant and

its H OPW A program allow ed it:

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22.n e actions of the H otel and the Defendant caused Albra uzm ecessar.y pain,

stress, and hum iliation. Plaintiff also suffers from physiological ailm ents as

a result of his forced hom elessness.

23.As of today's t'iling, the Defendant has never responded to Plaintiffs again,

despite know ing he is hom eless during the COVID-19 pandem ic, and, his life

as at heightenéd risk of acquiring the disease, and dying from the disease.

24.N 0 hearing, no notice, and no

Defendants.

due process had been provided by the

COUN T 1: VIOM TION OF FOU RTEENTH Am r M bM . Equal Proted ion

and D ue N cess Clause of the 14th Am endm ent enforceable through

42 U.S.C.â1988

25.P1aintiff incorporates the allegations of paragraphs 1 through 24 above as if .

expressly realleged herein.

26.n e Fourteenth Am endm ent Equal Protection Clause states, Tfl'nor shall any

State (...J deny to any person within its jurisdiction the equal protection of the

laws . . .''

27.n e Fourteenth Am endm ent states, f'...No state shall m ake or enforce any

law 'wbich shall abridge the privileges or im m unities of citizens of the United

9

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States; nor shall any state deprive any person of life, libeAy, or property,

without due process of law i''

28.n e Defendants failed, and continue to fail, to equally protect Plaintiff from

the coronovirus pandem ic, despite m illions of federal dollars given to

HOW PA', and, llnlznited regulatory waivers provided to them , as Plaintiff is

still sleeping on the streets, without shelter.

29.* e Defendants never intervened and never sought to enforce the contract

they have w ith Extended Stay Am erica, and, allow ed Plaintiff to be falsely

rem oved for som e unltnow n, and unpublished criteria.

30.The D efendanfs had not provided Plaintiff any other HOPW A services, and

gave no notice, hearing, or any due process to Plaintiff, in violation of

H OPW A pror am requirem ents,

C lause.

and, the 14th Am endm ent Due Process

31.The Defendant's depriving Plaintiff of shelter, in essence, also deprives

Plaiptiff of his life saving m edications, as scientific evidence exists, which

proves hom eless individuals do not adhere to m edication regim es as

prescribed by their doctors because of their environm ent.

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3z.W ithout Plaintiff taking his m edication as prescribed, he would die, and, his

viral load would drastically increase.

e 

33.This increase in Albra's viral load, m akes him c. ontagious, and highly likely to

pass on the H IV virus to others.

à4.'1Ye arbitrary and capricious aetions of the Defendant, without any due

process, require this court to grant ah injtm dion, and punitive damages in

this case.

COUNT II: W OIA TION OF TlTIA 11 OF 'PH'R ADA, and Sedion 504 of the

Rehabilitation Ad; & FL Statute 760.50

3s.plaintiff incorporates the allegations of parar aphs 1 tlarough 24 above as if

expressly realleged herein.

36.Tit1e 11 of the ADA' requires State and Local Govevnments to provide disabled

persons RCCPSS iO g'ovornrneni Serd ces.

37.Title 11 and Section 504 also require State and Local Govevnm ents to provide l

reasonable accom m odation to qualified individuals with a disability, and, to

engage in an interactive process.

11

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38.FL Civil Rights Statute 760.50 states that any reasonable accom m odation

request m ade by a-person with HIV/AIDS, shall be construed as reasonable.

...!

d ''

39.n e Defendants were already aw are of Plaintiff being a qualified Am erican

w ith a disability, as he suffers from m lm erous disabilities, including

HIV/AIDS I .

40.The Defendants had denied fuA her access to the disabled Plaintiff to the

HOPW A pror am .

41.'1he Defendaht denied Plaintiffs reasonable accom m odation requests that

include: provide him with an im mediate alternate hotepm otel to stay out;

provide Plaintiff an alternate to the hotel they assin ed him too; to provide

additional housing sezvices, such as long tevm placem ent w ith paym ent for a

duration of one year, as per HU D Coronavirus instructions; and, to follow

HUD'S policies and procedm es/mem orandum s issued during the coronavirus. 1

Iz.Defendant also failed to engage

accom m odation.

in the interactive process regarding his

43.Defendant failed to provide a disabled Am erican equal access and

opportuziity to governm ent program s tm der its control, specifically H OPW A.

12

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G .Defendant's actions are liable for dnm ages to Plaintiff, under Title 11 of the

ADA, and FL Statute 760.50.

45.Actions of the Defendant require injllnctive relief,

disregard for the law, dem anding punitive dam ages.

and, dem onstrate a

ARGUM ENTN M ORANDUM OF LAW

'l'he Defendant refuses to provide Plaintiff w ith m eaningful access to the

federal pror am H OPW A, and, deprives him of due process, and equal protection as

required by the 14th Am endm ent of the U .S. Constitution.

The eg-regious actions by the Defendant dem onstrate a contem pt for persons

living with RIW AIDS, like Plaintiff. The willingness of the Defendant to inflict 1

hnvm against disabled persons with HIV/AIDS, who are hom eless, during this

contagious pandem ic by failing to house them , although the City had been provided

m illions of additional dollars, and unlim ited regulatory w aivers to ensm e there

would be no delay in protecting persons with HIV/AIDS.

STANDARD OF REW EW REQUIRED

rlhe Suprem e Court set forth the review required in its opinion in M athews n

Eldridge, 424 E ,SI 319 (1976.). Although access to a public benefit would normally

require m edium scrutiny, willful deprivation of access during executively declared

1

national einergencies, where, the actions of the Defendant, is, in direct opposition to

13

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these declared enzergency orders, reqttires this court to utilize the strict scrutiny

q9'-.r

standard.

RàqufaEM Er FoR m ltixcTlox

Plaintifl's life is in danger based on arbitrary ad ions of the Defendant. It is

in the public's interest to have this injunction issued because the President of the

United States, and, the State of Florida had issued em ergency orders in efforts to

' 

j

protect Am ericans by requiring them to stay hom e. The governm ent does not w ant

immune comprom ised Plaintiff suffering from HIV/AIDS, out on the streets to face

increased risk of exposure to Covid-lg, so they provided m illions of dollars and

regulatory w aivers to the Defendant,and provided specific gazidance from HU D,

which the Defendant w illfully chooses to arbitrarily use.

The likelm ood of Plaintiff success in this case should be clear, even if it w as

based on the Defendant's failure to provide any due process.

M EM OO UM OF LAW

M icle W , Clause 2 - US Constitution (Suprem acy Clause) 1

This Constitution, and the Laws of the U nited States which shall be m ade in

Parsuance thereof; and a1l Treaties m ade, or which shall be m ade, under the

Authority of the U nited States, shall be the suprem e Law of the Land; and the

Judges in every State shall be botm d thereby, any Thing in the Constitution or

Laws of any State to the Contrary notw ithstanding.

14

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Am endm ent M V . Sed ion 1

A1l persons born or natttralized in the United States, and subject to the

jm isdictièn thereof, are citizens of the United States and of the State wherein they

1

reside. No State shall m ake or enforce any 1aw which shall abridge the privileges or

im m tm ities of citizens of the U llited States; nor shall any State deprive any person

of life, liberty, or property, w ithout due process of law ; nor deny to any person

within its jttrisdiction the equal protection of the laws.

42 U SC 1988

Every pérson who, under color of any statute, ordinance, regulation, custom ,

or usage, of any State or Territory or the District of Colllmbia, subjects, or causes to

be subjected, any citizen of the United States or other person within the jm isdiction

thereof to the deprivation of any rights, privileges, or im m unities secured by the 1

Constitution and laws, shall be liable to the party injtzred in an action at law, suit in

equity, or other proper proceei ng for redress, except that in any action brought

against a judicial officer for an act or om ission taken in such officer's judicial

capacity, injunctive èelief shall not be granted lanless a declaratory decree was

violated or declaratory relief was unavailable.

W H ERRFOR'R, Plaintiff m oves this coul't to declare the defendants actions to

be a violation of the fourteenth am endm ent of the U S Constitution, enforceable

tlarough the 14th Am endm ent, m oved tllrough 42 U .S.C. 1983. D efendant has also

violated Title 11 of the ADA, and FL Statute 760.50. This court m ust issue an

I

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1

injunction to prevent an llnnecessary death at the hands of the Defendant.

Dam ages, including punitive dam ages are evident in this case.

I hereby affirm the above to be true and correct mlder penalties of perjury on

this 3rd day of June 2020.

Adem Albra , pro se

860 NE 34 Street th

Fort Lauderdale , FL 33334

954-638-8190

ademalbra@hotmail .com

I

1

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CERTIFICATE OF SERVICE

Plaintiff hereby affirms that copy of this Complaint was

email below on this 3rd day of June 2020:

l

City Manage r , CLagerbloom :

clacerbloom @follauderdale.cov

City Mayor , DTrant al i s:

dtrantalis@ foalauderdale.gov

Adem Albra

86 0 N E 34 Street th

Oakland Park , FL 33334

954 -638 -8190

ademalbra@hotmail .com

1

1

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EXH IBIT ''A ''

49ENr o .1 Aw

-i;'. : .k. I 1, .A. : .1 f- 14:)1' tl' f1 -'-i-

.- eeo 11111 11 ,-'? qv-vo'

i?u

OFFICE OF COMMUNITY PLANNING

AND DEVELOPMENT

U.S. DEPARTM ENT OF HOUSING AND URBAN DEVELOPM ENT

WASHINGTON,DC 20410.7000

M EM OR ADUM FOR : A ll Com m unity Planning and Developm ent Field Office D irectors,

Deputy Directors and Program M anagers

FROM :

SUBJECT:

1jj 1:1. j q:.a-1 N- b$..! q.n.œ.d z'Aze--z-i''zt'-- '0('7NO ualolba: Jolm Gibbs ; .'h'j:i.x a.x. , Assistant Secretary, Acting, D

Availability of W aivers of Conununity Planning and Development

(CPD) Grant Program and Consolidated Plan Requirements to

Prevent the Spread of COVlD-19 and M itigate Econom ic lm pacts

Caused by COVID -19

PURPOSE

This m em orandum explains the availability-of w aivers of certain regulatory requirem ents

associated with several CPD grant program s to prevent the spread of COVID-'I 9 and to facilitate

assistance to eligible com m unities and households econom ically impacted by COV lD-19. This

m em orandum covers w aivers of consolidated plan requirem ents for all CPD form ula program s and

program -specific waivers for the follow ing CPD program s:

Housing Opportunities for Persons with AIDS (HOPWA);

e Emergency Solutions Grant (ESG); and

Continuum of Care (CoC).

This m em orandum also announces a sim plifed notification process for recipients of these

program s to use this w aiver tlexibility to expedite the delivery of assistance. CPD Field Ofsce

Directors, Deputy Directors, and Program M anagers are instructed to inform CPD recipients

operating within theirjurisdictions of the content of this memorandum.

NO TIFICATIO N PR O CESS

Recipients m ay use the waivers described in this m em orandum to assist affected CPD

program beneficiaries and CPD program eligible households to prevent the spread of COV lD -19

and to m itigate against the econom ic im pact caused by COV1D -19 for eligible households. To use

the raiver flexibility provided in this memorandum, the recipient must provide notification in

writlnj, either through mail or e-mail, to the CPD Director of the HU'D Field Oftsce serving its

jurisdlction no less than two days before the recipient anticipates u'sing the waiver flexibility.

Further directions on notifying H UD can be found in A ttachm ent #1.

M VER A UTH OR ITY

In D ecem ber 2019, a new coronavirus known as SA RS-COV -Z was first detected in W uhan,

Hubei Province, People's Republic of China, causing outbreaks of the coronavirus disease COVIDwwm hud-gov espanol.hud-gov

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 18 of 28
19 that has now spread globally. The first case w as reported in the United Sutes in January 2020.

I.n M aroh 2020, the W orld H ealth Organization declared the coronavirus outbreak a pandem io and

President Trump declared the outbreak a national emergency. During this time, the majority of

sttes have declared states of emergency with most shutting down large gathering places and

lim iting the m ovem ent of their residents. A s a consequence, m any CPD recipients are facing

challenges in ensuring appropriate shelter options are available ?or program participants who need

to be separated from others because they are exhibiting symptom s, training staffon how to safely

work w ith program participants and prevent spreading the virus, obtaining supplies to prevent the

spread pf the virus, and m aintaining necessary stafting levels during the outbreak. Further, m any

program participants are suffering econom ic consequences from the m ass shutdown of businesses

and lack of availability of traditional m ainstream benefits. A num ber of recipients have inquired

about the availability of waivers of various CPD program requirements to facilitate assisunce to

program participants and prevent the spread of the virus.

ln accordance w ith 24 CFR 5.110, HUD m ay, upon a determ ination of good cause and

subject to statuto!.y limitations, waive regulatory provisions. Additional regulatory waiver authority

is grovided ill 24 CFR 91.600. These regulatory provisions provide HUD the authority to make

walver determ inations for the ESG, CoC, and H OPW A Program s and consolidated planning

requirem ents for a1l CPD form ula program s.

W AIVER A VAILABILITY

To provl e a ltional tlexibility to comm unities to prevent the spread of COV1D-19 and

better assist individuals alzd fgm ilies, including those experiencing hom elessness infected w ith the

virus or economically impacted by the virus, 1 hereby tind good cause to provide the regulatoy

w aivers below . To use each waiver, each recipient must follow the notitk ation process descnbed

above and update its program records to include written docum entation of the specifc conditions

thatjustify the recipient's use of the waiver, consistent with thejustifications and applicability

provisions below . Provisions-that are not specifically waived rem ain in fu11 effect.

CON TINUUM OF Cm PR OG M M

1. Fair M arket Rent for Individual Units and Leasing C osts

R equirem ent: Rent paym ents for individual units w ith leasing dollars may not exceed Fair

M arket Rent (FM R).

Citation: 24 CFR 578.49(1942)

Explanation: The CoC Program regulation at 24 CFR 578.49(1$42) prohibits a recipient

from using grant funds for leasing to pay above FM lk when leasing

individual units, even if the rent is reasonable when compared to other

sim ilar, unassisted units.

Justillcation: Vaiving the limit on using grant leasing funds to pay above FMlk. for

individual units above FM R, but not greater than the reasonable rent will

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 19 of 28
Citation:

Explanation:

24 CFR 576.106(d)(1)

l

Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the

total rent is equal to or less than the FM lt established by 111.m , as provided

under 24 CFR Part 888, and com plies with I-llm 's stem dard of rent

reasonableness, as establishqd under 24 CFR 982.507.

Quickly moving people into permanent housing is especially critical in

preventing the spread of COVlD-19. W aiving the lim it on rental assistance

to rents that are equal to or less than the FM R, established by HUD , w ill

assist recipients and subrecipients in m ore quickly locating additional units

to house individuals and families experiencing homelessness.

Justincation:

A pplicability: The FM R restriction is waived for any individual or fam ily receiving Rapid

Re-housing or H om elessness Prevention assistance who executes a lease for

a unit during the 6-m onth period beginning on the date of this m emorandum .

The ESG recipient or subrecipient must still ensure that the units in which

ESG assistance is provided to these individuals and fam ilies meet the rent

reasonableness standard.

HOUSING OPPORTUNITIES FO RSONS W ITH M DS OPW A)

14. H O PW A - Self-certiscation of Incom e and C redible Inform ation on H IV Status

Requirement: Source Documentation for lncome and HIV Status Detenninations.

Citation: 24 CFR 574.530, Recordkeeping

Explanation: Each grantee m ust m aintain records to docum ent com pliance with

HOPW A requirements, which includes determ ining the eligibility of a

i-amily to receive HOPWA assistance.

Justillcation: This waiver will permit HOPWA grantees and project sponsors to rely

upon a fam ily m em ber's self-certifk ation of incom e and credible

information on their HIV status (such as knowledge of their Hlv-related

medical care) in lieu of source documentation to determine eligibility for

HOPW A assistnnce of fam ilies and grantees aFected by COVlD-19.

A pplicability: Eligibility is reskicted to a low -incom e person who is living w ith

HIV/A-IDS and the family of such person. This waiver is in effect for

recipients who require written certification of the household seeking

assistance of their HlV sGtus and incom e, and agree to obt in sotlrce

documenàtion of ITIV status and income eligibility within 3 months of

public health offkials determ ining no additional special measures are

necessary to prevent the spread of COVlD-l9.

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 20 of 28
EXH IBIT 11 B ''

A d e m A l b r a

H O> LESS DU E TO THE DEN IAL OF H OPW A

954-638-8190

adem albra@hotm ail.com

May 4 , 2020

Rachel Williams, HOPWA Administrator

The City of Fort Lauderdale

1O0 N Andrews Avenue

Fort Lauderdale, 2 3301

&

Tif f any Arieagus , Director

SN SERVE

2312 Wilton Dr , W ilton Manors , 33305

Re: 1) Denial of Access to HOPWA as recent as Feb2020

2) Request for ir=ediate, temporary housing due to

me being hom eless, then ,

3) Permanent placement housing where HOPWA pays

First, last, security , as well as any deposits

for electric , water, etc .

4) Ren tal A ssistant paym ent, TBRA , for l year as

Provided thru the stimulus money & HUD req .

Dear Ms. Williams & Ms, Arieagus :

Congress, our President, and the Executive Agencies have

spent an enormous amount of money , including monies the

federal agencies, like HUD , to ensure HOPWA is properly funding

to prevent homeleksness and death for persons living with AIDS

like myself .

Despite you b0th being fully aware of my housing crisis you

had ignored requests made as recently as February 2020, despite

knowing that CORONAVIRUS existed, and I was homeless .

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 21 of 28
HUD had provided HOPWA with waivers to fulfill the requests

that I make to you in the above-referenced section , so there is

absolutely no barriers that exist for to obtain these necessary

housing needs. YOU HAVE ALREADY PUT MY LIFE IN DANGER AND YOU

WILL N OT DO SO FOR A MOMENT LON GER .

Therefore, you are hereby informed that I demand you to act

immediately my requests, as my depends on it . Again,

al1 requests that made in the referenced section are allowable

under HUDS Guidance for HOPWA during the coronavirus .

This is even true for the tenant based rental assistance

which lasts for a duration of one year . So as anticipate you

claiming there is some unknown , and unpublished list of people

awaiting TBRA; does not apply in this national emergency .

Moreover, expect to live bedroom unit . One

bedroom will be for me, and the other unit will be

caretaker or someon/ like that have been experiencing long

term issues with AIDS . I have AIDS, and pot HIV .

So no other persons will be allowed to reside in the same

dwelling as me whatsoever . You had already been given written

documentation from my doctor informing you that have an

unusually sensitivity to smells that make me nausea and unable

to eat .

Also , am happy see that our President is well aware

the difficulties persons like me have in obtaining access to

this federal funding administered through local grantees, likç

yourself. As result , he and our Attorney General realize

that peoples lives are at staff, and it is a serious matter .

Therefore , the. Attorney General had created a webpage and

form to utilize report NCDF Disaster Fraud (you will see

2

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 22 of 28
copy attached), as the AG has instructed his U .S . attorneys to

consider these complaints as the highest priority .

Lastly , I expect to hear from b0th you via email

tomorrow as well as have the temporary housing shortly

thereafter available to me . Then expect permanent housing as

stated above .

I also expect to be reimbursed all dollars I borrowed from

others, as of Apvil 2020, be fully reimbursed immediately

as the loaned charity of others what kept me alive, wasn 't

you .

I will also be

Coalition

person living with AIDS .

following

m att er to en sure

with the National AIDS Housing

never happens another

The government has allowed you unlimited amount of waivers;

hence, no further delays can be justified.

Thank you ,

s/Adem Albra

Adem Albra

CLagerbloom@fortlauderdale .gov

Drlarantqlis@f ortlauderdale . gov

Laurenka nationalaidshousina.or?

UsAFLs-citizencom nla@ usdoi.gov

James.Berrocal@ hud.cov

3

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 23 of 28
EXH IBIT

BROW ARD CO UNR ADM INISTM TO R'S

' EM ERG ENCY O RDER 20-03

Directing Shelter-in-place: Safer at Hom e Policy

W HEREAS, COVlDc19, a respiratol illness caused by a virus that spreads rapidly

from. person to gerson and may result in serious illness or death, constitutes a clear and

present threat to the Iives, health, welfare, and safety of the people of Broward Counl;

W HEREAS, on March 1, 2020, Govemor Desantis declàred a Public Health

Emergency as a result of COVID-19;

W HEREAS, on March 9, 2020, Govem or Desantis issued Executive Order 20-52,

declaring a State of Emergency as a result of COVlD-19;

W HEREAS, on March 10, 2020, I declared a Local State of Em ergency', on

M arch 11, 2020, the Mayor of Miam i-Dade County declared a Local State of Emergency',

and on March 13, 2020, the Mayor of Palm Beach Counî declared a Local State of

Em ergency',

W HEREAS, on March 11 , 2020, the W orld HeaIth Organization declared the

spread of COVlD-19 to be a global pandemic',

W HEREAS, on March 13, 2020, President Trump declared a national emergency

concerning COVID-19;

W HEREAS. there is no vaccine or drug currently available to com bat COVID-19;

W HERFAS, to reduce the spread of GOVID-19, the United States Genters for

Disease Gontrol and Prevention ('GDC'') and the Florida State DepaA ent of Health

recomm end im plementation of comm unity m itigation strategies to increase containm ent

of the virus, including cancellation of Iarge gatherings and social distancing of at least

six (6) fept be- een persons in smaller gatherings',

W HEREAS, th# tri-county area of South Florida, com prised of M iam i-Dade

County, Broward County, and Palm Beach County, is a contiguous com munity with both

1

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 24 of 28
com mercial and cultural continuities, and both Broward County and M iam i-Dade County

have emerged as clusters of positive COVlD-19 cases;

W HERFAS, on March 10, 2020, the Broward County Board of CounW

Com missivners authorized m e to take any appropriate and necessary action to protect

the health and safety of Broward County residents and visitors in connection with

COVID-19;

W HERFAS, on March 24, 2020, the W orld HeaIth Organization indicated that the

United States has the potential to becom e the center of the COVlD-19 pandemic',

W HEREAS, this Em ergency O rder is necessary because of the propensity of the

virus to spread person to person and also because the virus is physically causing property

damage due to its proclivity to aoach to su#aces for prolonged periods of time;

W HEREAS, this Em ergency Order is necessary to protect the lives, health,

welfare, and safety of the County's residents from the devastating impacts of this

pandemic,

W HEREAS, certain additional clariscations, exclusions, and inclusions are

necessary to suppod e#ective enforcement of the restrictions of Emergency Order 20-01,

*

NOW , THEREFORE, 1, Bertha Henry, the Broward County Adm inistratof, pursuant

to my , emergency authority under Sedion 8-53 of the Broward County Code of

Ordinances, as well as the authority granted to m e by the Declaration of Emergency

issued by Governor Désantis in Executive Order 20-52, by Chapter 252, Florida Statutes,

by the Board of County Com m issioners, and by the Broward County Com prehensive

Emergency Management Plan, hereby order as follows:

Section 1. This Emergency Order is supplem ental and in addition to the

Executive O rders issued by Governor Desantis, including Executive Orders 20-70 and

20-71. Em ergency Order 20-01, as amended, is hereby fudher am ended and restated

as provided herein, with strikethrough text indicating deletions and underlined text

indicating additions. Except as expressly am ended herein, Emergency Order 20-01, as

2

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 25 of 28
am ended, rem ains in full force and elect. This Emergency Order applies to incorporated

and unincorporated areas within Broward County, but has no application outside of

Broward County.

Section 1A. Individuals are stronalv um ed to rem ain home other than to ennaqe

in essential adivities. which are the m inim um activities necessaœ to conduct M inim um

Business Oneiations (as desned in Section 2 below) or to ennace in or Datronize

Essential Businesses (as defined in Section 3 below), unless othe- ise exnresslv

exemnted from the Iimitations of Broward Countv Administrator's Em em encv Order 20-01

as set fodh in Section 4 and Section 6 below. Inàividual dailv outdoor exercise that

com plies with CDC social distancinc c- - uld- -elines is perm itted. lndividuals outside their

hom es shall com nlv with alI recuirements of the Executive Orders issued bv the G overnor

of the State of Florida 4nd all Broward Counk Em emencv O rders. and m ust adhere to aII

m easures advised bv the CDC reoardino social distancing.

Section 2. AlI nonessential retail. nonprofit, and com m ercial business Iocations

(meaning aII that are not expressly deemed essential as stated in Section 3 below) are

ordered closed 'except to the extent necessary to pedorm M inim um Basic O perations.

''Minim um Basic Operations'' m eans the m inimum activities necessary to maintain the

value of inventol , preserve plant and equipment condition, ensure security, process

payroll and èm ployee benefits, and facilitate em ployees working rem otely, provided such

businesses shall practice, and ensure persons interacting with and within such

businesses practice, social distancing and aII other m#asures as advised by the CDC.

Section 3. The followihg retail. nonprofit. and commercial businesses are

deemed essential (''Essential Businesses'') and existing retail and comm ercial business

locations of these bustnesses may remain open, but shall practice, and ensure persons

interacting with and within such businesses practice, pocial distancing and all other

measures as advised by the CDC:

3

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 26 of 28
a. Except to the extent precluded by the Governor's Executive O rder 20-72 or

any subs:quent Executive Order, healthcare providers and public health operations,

including bpt not Iim ited to: hospitals', dodors' and dentists' ol ces', urgent care centers,

clinics, and rehabilitation facilities', physical therapists', mental health professionals',

psychiatrists', therapists; research and Iaboratol services', blood banks, medical

cannabis facilities; medical equipment, devices, and other healthcare manufacturers and

suppliers', reprodudive health care prooiders; eye care centers', home healthcare services

providers; substance abuse treatment providers', medical transport sewices; and

pharmacies;

b. Grocery stor4s, farm ers' m arkets, farm and produce stands, superm arkets,

food banks, conMenience stores, and other establishments prim arily engaged in the e

sale of canned food, dry goods, fresh fruits and vegetables, baby products, pet supply,

Iiquor, fresh or frozen m eats, fish, and poultl , and any other househpld consumer

produds (such as cleaning and personal care products). This authorization to remain

open includes stores that sell both groceries and non-grocew produdsv

on'4 p.l produds necessary to m aintaining the safety, sanitàtion, and essential operations

of residences and other structures',

c. Businesses engaged in food cultivation, including farming, Iivestock, ahd

sshing;

d. Businesses that provide food, shelter, social services, and other neO ssities

of life for econom ically disadvantaged or othe- ise needy individuals',

e. Newspapersj..television, radio, and other media services;

f. Gés stations, marine fuelina stations, new and used automobile

dealerships, and auto-supply, auto-repair, m otorcvcle. scooter. and m otorcvcle or scooter

reoair shons. bicvcle and bicvcle renair shons. and related facilities;

g. Banks and related snancial institutions, including insurance firms and paw n

shops',

4

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 27 of 28
the Governor's Executive Order 20-52 is currently scheduled to expire) for persons other 

than Essential Lodgers. "Essential Lodgers" are defined as: (1) healthcare professionals; 

(2) first responders; (3) National Guard members; (4) law enforcement; (5) state or 

federal government employees; (6) airline crewmembers; (7) patients; (8) patients' 

families; (9) journalists; (10) others providing direct services in response to COVID-19; 

(11) displaced residents or visitors dislodged from local lodging due to the COVID-19 

crisis; (12) persons utilizing hotels as transitional living arrangements; (13) persons :.,, 

sheltering in hotels due to domestic violence; (14) hotel employees, service providers, 

and contractors; or (15) indi~·iduals Broward County residents who, for any reason, are 

temporarily unable to resid_e in their home due to exigent circumstances; 

hh. Veterinarians clinics. pet hospitals. and pet boarding facilities; 

ii. Mortuaries, funeral homes, and cemeteries including funeral and cremation 

services;. 

ii- Firearm and ammunition supply stores; 

kk. . Businesses providing goods or services to any local, state, or federal 

government pursuant to a contract with such government and pF01..<ided, but only if such 

goods or services relate directly to a governmental response to the COVID-19 crisis. or 

relate to a governmental public·works construction project within Broward County: 

,.--~ 

II. Any bu~iness that employs five (5) or fewer persons, including ~-< 

management/ownership, where the employees do not come in regular contact with the 

. . _._. general public in the regular course of business and the business can conduct its business 

in a manner that compJies. with the. recommended social distancing and other 

requirements of previous executive orders, except to the extent inconsistent with any 

Executive Order or regulation issued by the Governor of Florida, the state, or any federal 

authority; 

mm. Electrical production and distribution services; aRa 

n.n. . Moving, storag~, and relocation services; and 

9 

' -~-< 

Case 0:20-cv-61098-RS Document 1 Entered on FLSD Docket 06/03/2020 Page 28 of 28