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Heritage Place apartment tenants take some legal action

STEUBENVILLE — Attorneys representing tenants of a 100-unit affordable living apartment complex in Steubenville asked a judge Monday to appoint a receiver to make sure bills are paid and the facility is properly maintained.

While tenants are billed for electricity consumption in their individual apartments, Heritage Place is solely responsible for water, gas and refuse, plus electricity for lighting in hallways and doorways.

In her emergency motion, Pam Bolton, managing attorney of the Steubenville office of Legal Aid of Southeast and Central Ohio, stated tenants at Heritage Place “have been affected by continuous neglect by the defendants in managing and maintaining the property, despite (the) court’s involvement.”

She cited alleged longstanding management issues, saying residents have told her water, electric and gas service has been shut off multiple times because the owners and their management company failed to pay vendors. She said there have been mechanical failures as well — including a boiler failure that left some residents without heat since at least the beginning of December.

Last week, Bolton said electric and gas service was again shut off for non-payment, leaving residents in two of Heritage Place’s four buildings without hot water for several days. No sooner was it restored than the hot water tank stopped working, she said, leaving some of the same residents without hot water.

Bolton said one tenant told her water, electric or gas service had been shut off on at least seven occasions over the past 18 months.

In addition, Bolton said that based on county records, “it appears” WG Heritage Place also missed the January deadline to pay its real property taxes for the first half of 2024

“Ultimately, the proprietor has abandoned its proprietary duties under the law, allowing for mismanagement of assets and failure to timely make repairs to the property,” the motion stated. “The owner has not taken sufficient steps since the filing of this case to address the issues of the plaintiff, and the property remains in a state that does not meet habitable standards under Ohio law.”

Heritage Place is owned by WG Heritage Place, which itself is owned by Green National. The owners receive low-income tax credits and federal subsidies.

The motion complains the alleged mismanagement is systemic, pointing out one property, in Canton, “was completely shuttered last year” and another, in Warren, is also under scrutiny for failing to maintain the complex and disregarding the safety issues affecting tenants after a fire in one of the units (there).”

Bolton had filed suit in January after residents reported being without heat due to a boiler failure since at least the beginning of January. While Heritage Place reported the boiler part was finally replaced last week, six months after it stopped working, Bolton said they can’t fire the heat up to verify it because the heating system was turned off.

“… Defendants have failed to timely remedy the HVAC system, even after a court order,” the motion complained. “They continue to display a constant neglect of their management responsibilities, despite the requirements under their leases, Ohio law, and federal rent subsidy laws. This misconduct has put Plaintiffs’ interests in the property in danger of being lost, removed, or materially injured.”

Bolton wrote that tenants “have an interest in their landlord fulfilling its obligations under the lease and providing safe and habitable housing, as required by Ohio landlord tenant laws (and) the owner’s failure to address any issues at Heritage Place puts Plaintiffs at risk of losing their homes.”

The motion, filed late Monday, asks Judge Joseph Bruzzese to appoint Dublin-based Intercept Management Corp. as receiver.

Bruzzese scheduled a hearing for Thursday.

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