Condominium owners who say homeless people damaged their heating system 11 months ago revived a federal lawsuit Tuesday to keep Prince George’s County from evacuating them from their homes.
U.S. Magistrate Judge Ajmel A. Quereshi agreed, in a brief status hearing, to a 30-day pause on an amended complaint the Marylander Condominiums filed in April. Attorneys for a new homeowners board are pursuing an out-of-court settlement before deciding whether to press the case in court.
The complaint seeks $100 million in damages and an injunction blocking county deputies from removing residents who have defied an evacuation order.
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“If you don’t have an attorney representing you, you could be held liable,” Judge Quereshi said, speaking to the board’s president.
Roughly half of the complex’s 200 units have been without heat since the day before Thanksgiving. Owners of 58 of the 108 affected units have defied a Dec. 10 “unsafe for human habitation” notice the county posted directing them to “vacate immediately.”
A state circuit court trial on receivership for the condominium complex is scheduled for Nov. 10.
Under new management
Condo board President Heidy Perez said she sees the federal lawsuit as leverage to stop the county’s receivership lawsuit, which seeks to appoint a third-party company to manage operations and evacuate remaining residents while completing repairs.
Ms. Perez’s board recently dismissed property manager Quasar. Silver Spring-based Ruddy Management Co. is scheduled to take over on Nov. 1.
Judge Quereshi’s ruling temporarily blocks Duane Demers, an attorney who represented the old board, from leaving the case. Mr. Demers cited a conflict of interest after current board members sued the previous board he represented.
Attorney Charles Walton, whose firm represents the new board, confirmed he is working on an out-of-court settlement with the county.
“We’re very hopeful this case will be resolved,” Mr. Walton told the judge.
County attorney D. Michael Lyles declined to comment after the hearing.
“The Prince George’s County Government looks forward to partnering with a management company that will provide needed services, and a livable, environmentally safe and secure facility for our county residents,” Brian Fischer, chief communications officer for County Executive Aisha Braveboy, said in a statement.
Contempt of court
County officials have asked property managers to bury high-voltage wires contractors erected to power space heaters after the boiler broke.
Maryland District Court Judge Bryon Bereano, who ordered the condos evacuated, recently scheduled an Oct. 27 contempt-of-court hearing after the property failed to ground the wires. He has acknowledged in court that the property cannot afford the repairs.
The Casey Group, one of three possible receivers the county has named in court filings, estimates the Marylander will likely go under without government financing for roughly $10 million in repairs.
Judge Quereshi ruled in March that he could not halt county officials from evacuating the property until its lawyers sought a remedy in state courts.
However, he conceded that forced removal could cause “irreparable harm” to Marylander residents with pending immigration cases. He invited condo officials to refile their complaint.
The complaint argues that the county has targeted the Riggs Road property for redevelopment due to its proximity to a new Purple Line station — a claim the county strongly denies.
“If this lawsuit doesn’t continue, we lose our last leverage over the county,” said Beverly Habada, a former board member who attended Tuesday’s hearing.
Quasar CEO Kenneth Brown also attended the hearing. He said the condos have been out of money since the county’s “unsafe for human habitation” notice led a bank to withdraw repair financing.
“The writing’s on the wall,” Mr. Brown said.
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