Federal judge weighs request to block forced evacuation of condos

A federal district court judge in Greenbelt heard arguments Monday in a lawsuit seeking to block Prince George’s County from forcibly ejecting residents of an Adelphi-area condominium complex who say vagrants broke their heating system four months ago.

Magistrate Judge Ajmel A. Quereshi pledged to rule by Friday on the Marylander Condominium owners association’s request for a preliminary injunction.

The county said it plans to forcibly remove dozens of low-income families within the next two weeks, acting on a state judge’s order allowing them to be removed indefinitely while repairs continue.

Judge Quereshi acknowledged that forced evictions are imminent, but noted there is a state appeals process and cited precedents that federal courts refrain from interfering in state rulings without cause.

“It just means we have an order and way of doing things,” Judge Quereshi told a courtroom packed with county officials and condo owners.

Homeowners and renters from 58 out of 108 affected units have refused to comply with an “unfit for human habitation” notice that county inspectors posted on Dec. 10, directing them to “vacate immediately.”

The judge acknowledged that the condo association lacks funds to repair the heating, which property managers blamed on the violation notice prompting a bank to withdraw financing.

Roughly half of the complex’s 200 units lost heat the day before Thanksgiving.

Property managers installed above-ground electrical feeders to power space heaters in affected units during the cold winter, but they overwhelmed the grid and caused many units to lose power as well.

County attorney D. Michael Lyles cited a need to keep residents safe from these “high-voltage wires” by removing them indefinitely while the property gets them up to code.

He told the judge the county plans to let residents return after the electrical grid is regularized and indoor heat is restored to a required minimum of 70 degrees.

“This is like a car accident where we have to keep people out of the area so they don’t injure themselves,” Mr. Lyles said.

Duane Demers, the attorney representing the condo association, countered that condo residents lack the money and means to make that happen.

He argued that the county’s evacuation plan violates federal 14th Amendment protections against the seizure of property without due process.

“If these people are evicted, they’re not coming back,” Mr. Demers said.

He said the county was already in talks with companies to redevelop the complex, which he described as nearly 20 “prime acres” situated near a planned Purple Line Metrorail station on Riggs Road.

Mr. Lyles insisted that “life, safety, and health issues” are the only reasons the county plans to eject any remaining residents this month.

“The state court’s patience has run out,” he said.

In an enforcement order last month, Maryland District Court Judge Bryon Bereano directed that property managers begin repairs and authorized county officials to evacuate the condos.

Judge Bereano urged deputies to “step up” the evacuations during a status hearing last week. He also scheduled an April 21 hearing to follow up on the repair progress, but acknowledged that he could lose jurisdiction over the case before then.

Meanwhile, the county’s Department of Permitting, Inspections and Enforcement has filed paperwork asking a circuit court as early as March 31 to place the Marylander in receivership.

County officials accuse property manager Quasar of delaying repairs and insist there is no evidence of homeless people vandalizing the boiler. Receivership would allow the circuit court to appoint a neutral third party to take over the Marylander’s operations, pay bills, and make repairs while residents are evacuated.

Calvin Saunders, a county code officer for multifamily units who inspected the Marylander complex, testified Monday that a boy was severely burned while playing near the jerry-rigged electrical system last month. He said the boy was treated at a hospital.

“It was a steam pipe coming from a boiler,” Mr. Saunders told Judge Quereshi.

The complaint filed by the condo association also seeks millions of dollars in damages. It accuses the county of fostering the crisis by providing services to the homeless encampment, allowing it to flourish with open-air fires and tents on a neighboring vacant lot.

Residents say transients frequently break into the Marylander common spaces to defecate, sleep, and use illegal drugs.

The county has moved to dismiss the lawsuit, saying the condo association lacks standing to sue in federal court.

Judge Quereshi pledged to deal with that part of the complaint and the county’s motion after ruling this week on the request to halt evacuations.

Several condo unit owners who attended Monday’s hearing said they had nowhere else to go.

Jason Vanhorne, who temporarily moved with his mother out of a unit she has owned for nearly 20 years, said their money for hotel rooms quickly ran out after they took the county’s advice to leave during a winter freeze last month.

They have returned to their unit, despite lacking heat and electricity.

“Where are we going to go?” Mr. Vanhorne said before the hearing. “Where would we get the money?”