Man winning fight over age eviction

 
Article Courtesy of the Ocala Star Banner
BY MONICA BRYANT
Published June 2, 2004

OCALA - Though he's still only 54, Larry Lierman is sticking it out in the 55 Plus community of Pine Run and may be closer to remaining in the home he's fought to stay in.

The Florida Commission on Human Relations made an initial ruling in his favor in May, and in early June the Pine Run Residents Association board of directors voted unanimously to grant the variance he needs.

A vote by the Pine Run Residents Association board of directors may mean Larry Lierman, 54, can stay in the age 55-plus community.

Lierman's troubles began last year when he tried to buy a house in the Pine Run community, across the street from the one he had rented with his wife, Frances, since 2000. The development argued that Frances Lierman, who was 62 when she died in February, was living at Palm Garden of Ocala full-time and not at the couple's residence.

And Pine Run began trying to evict 54-year-old Lierman from the designated 55 Plus community - which requires at least one resident living in houses in the development to be 55 - last July because he won't turn 55 until this August.

In November, Pine Run LLC filed a complaint to evict the Liermans, stating that he was not eligible to continue living in the community. Five months later, Circuit Judge Jack Singbush ruled in favor of the development, giving Larry Lierman 10 days to move out.

"I haven't left. I've been fighting them all the way," Lierman said. "I haven't had time to grieve for my wife."

In December, Lierman filed a complaint with the Florida Commission on Human Relations and the federal department of Housing and Urban Development on behalf of his wife, alleging Heritage Management Corp., Pine Run LLC and Jim Day, property manager, discriminated against them on the basis of her medical disability.

Last month, the Florida Commission on Human Relations ruled there is reasonable cause to believe a discriminatory housing practice occurred.

"They found them guilty, and here they've been trying to throw me out of my house and according to the federal government I was her caregiver so they didn't have any reason to come after me," Lierman said.

Nina Singleton, deputy executive director for Florida Commission on Human Relations, said the development can't put Lierman out because there's a legal action against Pine Run. She said Lierman can elect to have her office or the Attorney General's Office represent him in court, or he can hire a private attorney to sue for damages.

Ken Kirkpatrick, managing member of Pine Run, said the ruling only meant the Florida Commission on Human Relations found enough evidence that a violation had occurred but that nothing is final until Lierman moves forward on one of the options. He said the Florida Commission on Human Relations ruling conflicts with the court system in Marion County, which ruled a violation had not occurred, and granted the development the eviction order and attorney fees.

Kirkpatrick said only the association can grant the deviation. Heritage Management and the developer, Pine Run, do not have the authority to do so. If Lierman chooses to go to court, Kirkpatrick said Pine Run will fight it.

"We're not pursuing anything at this point. If it's the association's desire to grant him a variance, if that's the case, then he's got a variance and has the right to live there," he said. "Had he asked for a variance on the front end as opposed to just trying to buck the system, that would have been a discussion we could have had.

"At no point in the process, up until the very end, did he request a variance from the rules. There's a possibility all this could have been avoided."

Lierman said he's heard nothing from the development since the ruling, but in a letter dated June 9, to Pine Run LLC and Heritage Management, Roy Linton, president of the Pine Run Residents Association, said the board of directors unanimously passed a motion recommending a variance from the 55 age requirement be granted to Lierman.

"They haven't come to me," Lierman said. "Basically I'm just waiting to see what they're next step is. The ruling should just squash them and tell them to leave me alone."

Kirkpatrick said Robert Stermer, the attorney representing the development, tried to reach Lierman on many occasions but he did not respond.

Stermer sent Lierman a letter on June 4, stating attempts to reach him had been unsuccessful but his client wanted to meet to discuss a mutual resolution. The letter asked Lierman to contact his office to arrange a convenient time.

Lierman didn't respond. Instead, five days later, the Florida Commission on Human Relations sent a fax to Stermer indicating Lierman had made a conciliation offer of $150,000 and that, if he was interested in conciliation, to contact Katina Hinson, investigator for the commission. When reached by phone, Hinson said she could not comment on who wrote the one-page handwritten letter or give any information about it.

Kirkpatrick said he's hoping the situation can be resolved soon.

"It's a tough situation, a horrible thing," Kirkpatrick said. "Who wants to chase a person out of a house? Unfortunately, that's the way the documents are written, and all we're doing is the best we can trying to make everybody play by the rules."


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