LOVELAND, OHIO – LANDLORD TRIES TO EVICT COMMUNITY GROUP, LEASE NOWHERE TO BE FOUND

LOVELAND, OHIO – The Loveland Initiative was in court on Monday morning facing a magistrate after the Owner's of  Westover Village Apartments served them with an eviction notice. The Magistrate ordered both parties to return again on November 7, at 9 AM and said the Initiative could not represent themselves in court, but must return with a lawyer. Magistrate Anne B. Erwin said that since The Loveland Initiative was a “corporation” they must be represented by an attorney. The Initiative is a 501-C-3 Not For Profit Corporation. The Loveland Initiative was previously named the Loveland Shalom Initiative.

Lisa Mason the Initiative's spokesperson tried to explain that she did not know why they were even in court, because the Initiative is not named on any lease with Westover Village. Mason however has not seen the lease. Westover Village was recently purchased by Matrix Westover Village LLC. Originally, Maxtrix had told the Initiative they could stay in the three bed-room townhouse by paying month-to-month rent of $620.00 according to seven year volunteer Lil Lane. But on August 5, 2005 Matrix wrote the Initiative and said. “We have decided not to renew your month to month tenancy when it expires on September 30, 2005 on the basis that the owner desires possessions of the premises.” The letter continued by saying, “Please vacate the premises located at 787 W. Main St. Loveland, Ohio 45140 by September 30, 2005. Please return your keys to our office...” The letter also demanded payment for the month of September.

The Initiative has never paid rent for the townhouse in the decade they have operated community programs in a converted three bed-room townhouse. They were given the keys, and permission to use the space as a community center by the Loveland Police Department. The Police had arranged with Westover Village and the U.S. Department of Housing and Urban Development (HUD) to operate a Police Sub-Station there, and when the Initiative programs became self-sufficient and successful, the Police gradually diminished their daily presence. However, the Police have continued to support the programs of the Initiative and their use of the townhouse.

When Mason went to the Westover Village Manager's office, to discuss the notice to begin paying monthly rent, she said she asked to see the paperwork on file concerning the arrangement to use the townhouse. The manager told her that they did not have the paperwork, but if she came back the next day it would be there for her. When Mason returned the next day Mason said she was told she could not see the lease because the Initiative was not named on it. Mason said before going into court on Monday, that Loveland Police Chef, Dennis Rees told her they should not be trying to evict the Initiative, but perhaps they should be trying to evict the Police Department instead. Mason said, Chief Rees may ask us to leave, and if he does, we will clean it up, sweep the floors, and leave.” Mason said the Initiative would do the same thing if the Magistrate orders them to leave.” She did not however rule out the option of appealing the Magistrate's decision to a Common Pleas Court Judge.

The Initiative recently convinced the Loveland City Council to apply for a Federal Community Development Block Grant to secure funds for the rent at Westover, but the earliest they would see any of the money would be next April. Rees said that he asked Rich Zinnecker, owner of Westover to allow the Initiative to stay. Rees said he told Zinnecker that he was sure he could secure funding for the rent for the next 5 months until the grant money was received, but that Zinnecker refused to take him up on his offer. The Police Chief said that Zinnecker just wants the Initiative out. However on November 3, Zinnecker denied ever having this conversation.

Zinnecker also denied any knowledge of having initially making an offer that the Initiative could stay if they begin paying on a month-to-month basis. He says he is in the business of renting apartments to “needy families” and does not want to rent to the Initiative because they are a business. He said that since April of 2004, HUD had stopped paying the monthly rent because it was no longer a police substation.

Loveland Magazine went to the Loveland Police Station after the court hearing on Monday to get a copy of the lease. Rees said that his office does not have any rental records or lease agreement on file. He said that he or someone in the Department may have signed something in the past, but he has no record of anything. He said that he just couldn't remember what was signed and he has no copy on file. The Police Chief said the only thing they have on file are some letters he had previously sent HUD supporting the Initiative's programing and continued use of the townhouse. For many years the Police Department also paid for the telephone at the community center.

Zinnecker said on Thursday that the Initiative could get the documents from HUD if they made a Freedom of Information Request or he would let them have the documents if the obtain a court subpoena.

Mason says that she has contacted two people at the HUD office in Cincinnati requesting any paperwork they have so she could sort out what arrangements were made covering the rent on the townhouse and using the townhouse for a community center. Mason said HUD also refused to provide any documents.

After the brief court hearing on Monday, Kevin Brewer, an attorney representing Westover in the eviction, said he knew nothing about a lease either. Congresswoman Jean Schmidt has been contacted to see if she can obtain the HUD documents.

Zennecker said he would phone the Police Chief about his offer to secure funding for the rent payments until the Community Development Block Grant money is received. It appeared as if his heart was softening somewhat about letting the Initiative stay at the apartment complex.

As of Thursday afternoon, Lil Lane said they have not yet found an attorney to represent them in court.