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Now that a settlement is near, the melee over the De Anza Cove mobile home park now has resident pitted against resident in a fight for relocation benefits.
A new lawsuit, filed by James and Michelle Bloch on January 9, accuses the owners of their mobile home plot, James and Jo Cummings, of trying to evict them and reoccupy the property in order to lay claim to relocation benefits.
It is the newest conflict in what has been a decade long dispute.
The issue? The City wants the prime bay real estate back but in order to get it back it needs to follow state law and pay to relocate the tenants.
That will be a tough check to write for a cash-strapped City like San Diego.
But regardless of the amount, the City must follow state law Section 13.42.165, which requires the landowner to pay "reasonable costs of relocation" which includes a fair price for their mobile home, costs to disassemble or relocate the home, moving costs, "in-transit costs for meals, lodging and gas," or the costs relocation assistance for "full-time, very-low, low-, and moderate-income residents and senior citizens over the age of fifty-two residing in the park for a minimum period of twelve months following closure of the mobile home park."
But now, as rumors of a new settlement agreement continue to spread, some residents are turning against one another.
To make matters worse, claim the Blochs, the City is now rejecting rent payments, making it easier for eviction proceedings to take place.
"...[R]ent over the last several months...has been accepted at times and other times rejected. Had they accepted our offers to pay rent we would be current with the rent; they have simply rejected it," reads the lawsuit.
"Plaintiffs are informed and believe that defendants City of San Diego and Mission Bay Harbor Community were induced to act on behalf of, in concert with, and as agents for the Cummings defendants in assisting in the initiation of the eviction. As a result of the inducements and conspiracy and acts as agents for each other, the Cummings defendants and the other defendants took part and took actions to initiate, support, enforce, and cause the eviction of plaintiffs."
http://www.sandiegoreader.com/news/2011/sep/14/cover-trailer-park/
Now that a settlement is near, the melee over the De Anza Cove mobile home park now has resident pitted against resident in a fight for relocation benefits.
A new lawsuit, filed by James and Michelle Bloch on January 9, accuses the owners of their mobile home plot, James and Jo Cummings, of trying to evict them and reoccupy the property in order to lay claim to relocation benefits.
It is the newest conflict in what has been a decade long dispute.
The issue? The City wants the prime bay real estate back but in order to get it back it needs to follow state law and pay to relocate the tenants.
That will be a tough check to write for a cash-strapped City like San Diego.
But regardless of the amount, the City must follow state law Section 13.42.165, which requires the landowner to pay "reasonable costs of relocation" which includes a fair price for their mobile home, costs to disassemble or relocate the home, moving costs, "in-transit costs for meals, lodging and gas," or the costs relocation assistance for "full-time, very-low, low-, and moderate-income residents and senior citizens over the age of fifty-two residing in the park for a minimum period of twelve months following closure of the mobile home park."
But now, as rumors of a new settlement agreement continue to spread, some residents are turning against one another.
To make matters worse, claim the Blochs, the City is now rejecting rent payments, making it easier for eviction proceedings to take place.
"...[R]ent over the last several months...has been accepted at times and other times rejected. Had they accepted our offers to pay rent we would be current with the rent; they have simply rejected it," reads the lawsuit.
"Plaintiffs are informed and believe that defendants City of San Diego and Mission Bay Harbor Community were induced to act on behalf of, in concert with, and as agents for the Cummings defendants in assisting in the initiation of the eviction. As a result of the inducements and conspiracy and acts as agents for each other, the Cummings defendants and the other defendants took part and took actions to initiate, support, enforce, and cause the eviction of plaintiffs."
http://www.sandiegoreader.com/news/2011/sep/14/cover-trailer-park/