Many tenants of the Manhattan Mobile Home Park on Tonnelle Avenue in North Bergen have remained in their trailer homes despite attempts of the estate owner to sell the land to developers to build 216 residential units.
The matter began in June 2009 when Lynchen Wassil, an Englewood resident and widow of trailer court owner Julius Wassil, went to Bergen County Surrogate Court to settle the estate of her late husband between herself and his other relatives.
The $5.5 million contract to sell the trailer court to Manhattan MTC Associates, LLC, which includes the Bergen County construction company Demotrakis, was approved by the court. However, Jeffrey Beides, attorney for the trailer court’s Homeowner’s Association, said last year that any contract that goes forward would be subject to laws about the rights of the tenants and of the association.
“We’re hopeful that we will be able to resolve it.” – Jeffrey Biedes
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The two sides were unable to reach an agreement. After the talks failed to reach a compromise, Paul Kaufman, a court-appointed administrator for the estate, filed dispossess actions last March seeking to evict the residents in the Superior Court of Hudson County.
“We had no choice,” said Kaufman at the time.
The Homeowners’ Association filed a request in January of 2011 with the Superior Court claiming that the owner of the park violated the Mobile Home Protection Act. According to Biedes, a judge ruled recently that there were sufficient facts to merit a trial.
According to Biedes, the Mobile Home Protection Act requires that if an owner intends to offer the property for sale with a change of use in mind, the owner must first meet with residents and give them an opportunity to negotiate a deal. Another section provides that if an owner receives an offer from a third party intending to purchase the land, the owner has to provide the tenants with notice and an opportunity to match that offer.
“We say [that] both sections [of the statute] were violated by the owner,” said Biedes.
Biedes also mentioned that the next trial date is scheduled for March 5. He also said that both parties have been negotiating a proposed settlement of the case.
“We’re hopeful that we will be able to resolve it,” said Biedes, adding that a settlement would have to also be approved by the residents and the Bergen County Surrogate Court.
The land has become more valuable over the years, as it’s near a relatively new light rail station.
North Bergen Town Spokesman Phil Swibinski indicated that the town plans to meet with both parties to discuss the status of the situation. However, Biedes said he had not been informed of these plans.
Sitting, waiting
Tenants were originally facing an eviction notice as of Jan. 31 of 2010, a plan that was scrapped by a judge. As of now, many of the tenants remain in the park, awaiting either a decision of the court or a settlement.
Resident and former Homeowners’ Association Secretary Gary Carlson said that initially, residents had money to put a down payment on their property, but over time, people have been leaving the park.
If they are given the right to buy their homes, he said, “[There] would have to be some kind of creative legal maneuver to make it possible for us to get a loan.”
Both the Manhattan Mobile Home Park office and Kaufman did not return multiple calls for comment.
Stephen LaMarca may be reached at slamarca@hudsonreporter.com.