Judge rules in favor of apartment complex owner on evictions in Penn Hills

An Allegheny County Common Pleas judge ruled Aug. 26 that the owner of the Valmar Gardens apartment complex in Penn Hills can evict its occupants.

The evictions, however, cannot happen before Aug. 31, per Gov. Tom Wolf’s moratorium on evictions because of the coronavirus pandemic.

Matthew Feinman, an attorney representing the unidentified owner of Valmar Gardens, said they will “not even call the sheriff before (Aug. 31) to schedule it.”

“We’re not trying to rush anybody,” he said, adding he would call the Allegheny County Sheriff’s Office to schedule the eviction on either Aug. 31 or Sept. 1.

Andre Mobley has been staying at his apartment as he prepares to move into a house he is fixing up in Wilkinsburg. He used $2,500 the owners gave him and three other residents in June to buy the materials.

He knows evictions are imminent.

“We had a little run there at Valmar Gardens, but I guess the time has come,” he said, adding he hopes his and other tenants’ stories spur changes for the future to help protect tenants in similar situations.

Mobley lodged a civil complaint against Good Home LLC, Bayview Loan Servicing and PA Real Estate Development Inc. in December 2018 through Neighborhood Legal Services, court records show. He was one of nine occupants of Valmar to submit a letter Aug. 20 urging judge Christine Ward to extend the time allowed to live there.

Eileen Yacknin, of Neighborhood Legal Services, could not be reached for comment.

Since the original complaint, the apartment complex ownership has changed hands through court-ordered receivership and, now, new owners entirely. Real estate records show the property was bought by BDCT LLC in June for $210,000.

Feinman said the tenants, who he called “squatters,” were given ample time to move out since 2018. He, along with Penn Hills municipal officials, said the buildings are in bad shape structurally and not safe to occupy.

He said getting people out of the building is important to their safety and to the unidentified owner’s future plans for the property.

Feinman would not comment on what the owner’s plans are for the building, but Penn Hills Municipal Manager Scott Andrejchak said the owner has indicated he plans to invest $1 million there.

United Neighborhood Defense Movement organized a small demonstration a week prior to the eviction ruling to protest a perceived lack of support from the municipality and its alleged “support of slumlords.”

Andrejchak said he would agree to meet with a tenant to offer any help he could. He rejected the notion Penn Hills supports slumlords.

Anne Grayson, the organizer of the protest, could not be reached for comment.

Meanwhile, Operation Safety Net, of Pittsburgh Mercy, is helping remaining occupants find alternative housing and with the moving process. Mobley said a man from the organization was there Aug. 26 to help him move large furniture out of his apartment.

“Thank God for organizations like that,” Mobley said. “Without them, we’d have a verdict and be on our own.”

A call to Operation Safety Net for comment was not returned.