Attorney Kevin Quisenberry says a accompaniment law requires at atomic 180 days’ apprehension for anyone actuality evicted from a adaptable home park.
HARBORCREEK, Pa. — Four of about a dozen Harborcreek Township association who were told in April to abandon their adaptable homes aural 60 canicule accept not larboard the Bernwood Motel Suites.
Now there’s a altercation over whether those tenants were accustomed abundant beforehand apprehension to vacate.
A Pittsburgh advocate for the Community Justice Project, a law close that is allotment of the PA Acknowledged Aid Network, says any association of a adaptable home park, whether they own the home or artlessly charter it and the acreage on which it is located, are appropriate by law to be accustomed six months apprehension — 180 canicule — afore a esplanade closes.
Originally, association were ordered to move by June 1. They were afterwards accustomed a one-month extension. Some of the association accept relocated. Others remain.
“The law is actual bright on this,” said advocate Kevin Quisenberry, acquainted that these acknowledged rights are categorical in the Manufactured Home Community Rights Act.
Quisenberry notified association of Bernwood Motel Suites of their acknowledged rights in May afterwards an Erie Times-News address about the closing of the esplanade at 1821 Nagle Road. He beatific a agnate letter to Jerry Hordych, the carnality admiral of JAB Enterprises, which operates the park.
Hordych, who accepted the 30-day extension, disputes Quisenberry’s claim. He said the Manufactured Home Community Rights Act does not administer to tenants of Bernwood Motel Suites.
“They don’t hire adaptable homes,” Hordych said. “They hire apartments aural adaptable homes. This (Manufactured Home Community Rights Act) has no aftereffect on them. Each adaptable home contains two or three apartments. It’s the aforementioned affair as if there was a architecture actuality and they (tenants) got an boot because they’re activity to annihilate the building. That’s what’s activity to happen.”
Hordych said he’s still assured actual association to be out by the end of the month.
“They accept to be,” he said. “We accept to akin these homes. In adjustment to akin these homes, we charge time ourselves to get this acreage aback to the aboriginal way it was back we busy it.”
Bernwood Motel Suites is amid on a five-acre acreage on the northeast bend of Buffalo and Nagle roads. The esplanade is amid abaft two fast-food restaurants, Pizza Hut and KFC.
Two issues are at play.
First, JAB Enterprises is dissolving. It has been operated as an acreage back 2004, back buyer and namesake James A. Bernet died. The acreage is in the action of closing, acceptation that its charter on the acreage charge be transferred or terminated. That charter requires JAB Enterprises to acknowledgment the acreage on which the adaptable homes are amid to its aboriginal state. To do that, Hordych said tenants charge to backpack so the barrio can be broken down.
Second, the acreage itself has a new owner. Barbara Beatty and the backward John W. Beatty endemic the acreage for several years. It was awash to Dallas-based ABRE Holdings LLC for $1.1 actor in January, according to canton acreage records. Hordych said efforts to alteration JAB Enterprises’ charter of the acreage to a almsman of the acreage to advance Bernwood Motel Suites were not successful. The new backer didn’t appetite the complex, either. Rents from the tenants of Bernwood Motel Suites awning JAB Enterprises’ charter of the land, Hordych has said. That charter expires in October.
Residents accustomed a letter in aboriginal April advising them they had no best but to leave the property. Some association told the Erie Times-News they were not accustomed abundant time to acquisition affordable homes.
William Englehart, who has lived in the adaptable home esplanade back 1992, best than any added tenant, said he was encouraged by Quisenberry’s letter. He has been in acquaintance with Quisenberry in contempo weeks.
In acknowledgment to Hordych, Englehart said, “We’re declared to accept 180 days, according to our lawyer.”
Englehart said he came home Thursday to acquisition pieces of balustrade removed from the adaptable homes in which he lives. He said he feels “singled out.”
“In a baby way, I feel threatened, too,” he said.
Quisenberry, who had not yet announced to Hordych on the matter, could not be accomplished for aftereffect animadversion Friday.
Matthew Rink is a anchorman for the Erie (Pa.) Times-News.
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