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Friday, December 22, 2000

Apartment residents file suit over lack of landlord


Tenants left on their own as owner, manager pull out

By Ken Alltucker
The Cincinnati Enquirer

        A group of Over-the-Rhine residents filed a lawsuit Thursday asking the court to appoint someone to take care of their apartments after a botched sale left tenants to fend for themselves.

        Both the building owner and a potential buyer walked away from more than a dozen buildings and 50 tenants after failing to persuade the city of Cincinnati to arrange funding for building repairs.

        That left tenants without a landlord and facing shut-off notices for heat, water and power service. It also created a violent atmosphere, with squatters inhabiting empty units and drug dealers roaming the hallways of the dilapidated buildings, according to the suit filed by Legal Aid on behalf of the tenants in Hamilton County Common Pleas Court.

        The tenants asked the court to appoint a receiver who will pay utility bills, provide security and manage the buildings until a permanent owner can be found.

        The buildings are owned and operated by Owning-the-Realty, a low-income housing group that the city has repeatedly cited for health and building safety violations.

        Owning-the-Realty struck a deal in July with Debenhan Inc. to manage the buildings. Debenhan agreed to collect rent, make repairs and man age the properties as long as it would have a chance to buy and fix up the units.

        But Debenhan Inc. abandoned the properties in mid-November after failing to persuade the city to approve tax-credit financing to help pay rehabilitation costs. Debenhan managing member Pauline Van der Haer is con vinced the city wouldn't help her because the city has sued Owning-the-Realty to recoup nearly $1 million in taxpayer money it says OTR squandered.

        The city approved $50,000 in emergency funds to New Prospect Development Corp. this month to maintain and manage the buildings until the situation is resolved. The tenants want the court to appoint a receiver to hasten the process.

        “The harm is immediate and a real threat,” the lawsuit states.

        “A receiver appointed by the court would immediately provide the necessary stability and know-how needed to bring back and keep these units on line so as not to displace anyone.”

       



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