From the Pittsburgh Post Gazette, 11-29
Tenants ordered out of disputed Swissvale property
Thursday, November 29
By Deborah M. Todd, Pittsburgh Post-Gazette
District Magistrate Ross Cioppa has given Lobos Management 10 days to evict 20 people from Lafayette Square Apartments in Swissvale for failure to obtain occupancy permits Tuesday.
Lobos Management was ordered to pay $1,000 in fines for leasing eight units without occupancy permits and to remove all tenants from the units in 10 days or a constable would be sent to remove them.
The apartments are leased to Pyramid Healthcare and provide supportive housing to men who have recently completed rehabilitation programs.
"We're disappointed, " said Jason Greenwald, attorney for Lobos Management. "Our hopes that our efforts to be compliant with the borough ordinances would enable our tenants to remain were obviously met with disappointment."
Mr. Greenwald and Shawn Albert of Lobos Management argued that even though the company did not immediately obtain occupancy permits for the units, their attempts to rectify the matter were obstructed by Swissvale officials.
Mr. Albert said he was told by employees at the borough building that he could obtain a 90-day temporary permit to make repairs to the units, but was refused the permits when he attempted to purchase them.
Pat McGrail, special counsel to Swissvale, argued that because temporary permits are granted only for partial use of a building or if the owner of a building makes structural changes, Lobos would not have been given the permits anyway.
"The bottom line is this was a hearing on their failure to obtain occupancy permits, " she said.
Mr. Cioppa, citing health and safety concerns, said tenants could return if the units pass inspections and the borough approves the occupancy permits. But because the apartments were being used as supportive housing, Swissvale officials said the building also requires a conditional use permit.
Pyramid Healthcare has argued that because the building is not a group home, a conditional use permit is not needed.
"There's more to this case than just occupancy permits. There's a whole use issue, " said Swissvale Manager Warren Cecconi.
John Ross, housing director for Pyramid Healthcare, said the company and Lobos will appeal to keep residents from being evicted.
Deborah M. Todd can be reached at [email protected] or 412-263-1652.
First published on November 29 at 6:01 am
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