Mercedes Faces Wrongful Eviction Board may spend over $3000 of Owner funds for an often empty spot

The Harbour Square Board has elected to attempt to evict a nice old Mercedes on to the street - even though its rent has been paid every month for 3 years. This is in violation of its tenant rights by DC Law.

This wrongful eviction attempt is despite 3 years of paying rent for the 10A space. The monthly rent is $100, an increase of 15% over the past year.  Nevertheless, the car's owner has been paying for the spot, and has first rights of refusal for the spot.

Dr. Shaddock, is an owner in Harbour Square, but the parking space is rented. Therefore it comes under the jurisdiction of DC Landlord & Tenant court. The occupant car is a 1980 Mercedes Benz 450 SL coupe.

The car was the winner in its class at the Greater Washington Mercedes Benz Club Annual Picnic in 1987. It has served America well, and the war on terrorism, by providing personnel transport to DC area military bases from Andrews to Walter Reed.

During an accident the summer of 2003 a truck injured its rear tail light area while running a yellow light, and was found at fault. All seemed lost, but State Farm awarded the owner funds for reconstructive surgery. Dr. Shaddock spent many hours performing the surgery, and it is back on the road in stable condition. "At Harbour Square we respect the elderly, and do not throw them on the street" he said.

So far an attorney letter has been sent from a firm that charges $250 per hour. The estimated expenses of a case in L&T court, about 4 hours billable time, would be about $1000. Some of the staff and Board members would also be invited to testify at the court hearing, which would waste even more time and money. Total man hours and fees could be well over $3000.  It could drag out for months, with appeals and counter suits.

DC attorney Ian Williams Esq. indicated "the Board has no case" and the Judge is likely to rule in favor of allowing the existing tenant to continue to rent the spot as long as the rent is paid. There would have to be some compelling reason for the eviction, and there is none. It would be discriminatory to do otherwise.   The defense has retained Eric Rome, one of the top tenant rights lawyers in D.C.  for assistance and advice.

The income from the Mercedes in 10A to Harbour Square, is $100 per month.  The income from renting it to a guest would be $2 per day, or $60 per month - assuming it was rented every day. But most of the time the parking space is blank. Harbour Square earns more than $40 more per month by having the Mercedes in 10A.

Months ago, Dr. Shaddock proposed a "9:00-5:00" arrangement where he would be out when guests, staff, and contractors would use the space, and park the Mercedes there in the "off times" of evenings and weekends. This arrangement has been highly successful.

Today, Manager Joan Taylor and the parking manager Arika Norwood, confirmed that there have been no instances of parking conflicts with the "9:00-5:00" arrangement.

"The only reason for taking this to court seems to be an attitude among some on the Board of "let's show who is boss" even though the outcome serves no purpose for anyone at Harbour Square.  That's the deeper issue here, bossing owners just for the sake of displaying dominance, rather than representing their interests which is what they are elected to do" said Shaddock.

It is a waste of money at a time when expenses are high. It is also counter to the idea of a cooperative where we work things out among ourselves, instead of spending thousands of dollars on a non-issue when so many more real expenses need attention.

Management Office reports no problems or parking conflicts with the "9:00 - 5:00" arrangement

Shaddock's car is only occupying the 10A spot during the "off hours" when no one is parking there

This car carried 1996 U.S. Presidential Candidate Dr. John Hagelin in a parade

Parking Issue

Why is a Convenient Parking Place So Important?

No Need for a $250 Attorney Letter

Alternative Parking Solutions

HarbourSquareForum

Links

Eric Rome, Esq
Defense Attorney for Parking Tenants
202-659-2822 x4

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