FINACT17F-LTA1718002-ADH.pdf

17F-LTA1718002-ADH · Arizona State Department of Housing - LTA · 2018-02-20

BEFORE THE DEPARTMENT OF HOUSING

IN AND FOR THE STATE OF ARIZONA

KATHY HIGHLAND, ET AL, ) ) CASE NO. LTA17-18/002 Petitioners, ) ) vs. ) DOCKET NO. 17F-LTA1718002-ADH ) CIELO GRANDE MHC, ) ) FINAL ORDER Respondent. )

Pursuant to Arizona Revised Statutes ("A.RS.") § 41-1092.08, the attached

Administrative Law Judge Decision is adopted by the Director of the Department of Housing

("Director") as her decision in the above entitled matter and dismisses the matter.

Pursuant to Arizona Revised Statutes ("A.RS.") § 41-1092.09, a party may file a

motion for rehearing or review within thirty (30) days after the service of this final Order. A written

request for rehearing should be addressed to Joni Cage, 1110 West Washington, Suite 280,

Phoenix, Arizona, 85007.

This Order is a final administrative action and is effective immediately from the date

service is complete. A party may appeal this final administrative decision by filing a complaint for

judicial review pursuant to title 12, chapter 7, article 6. The Order will not be stayed unless a stay is

obtained from the court in conjunctio with the judicial review action.

C�irector Arizona Department of Housing

The foregoing mailed this i 3 � day of February, 2018, via certified mail receipt no. [account number redacted] 1615 to: Kathy Highland, et al 251 N. 114th $treat, #209 Apache Junction, AZ 85120-3537

Copy sent via certified mail receipt no. [account number redacted] 1622 to: Cielo Grande MHP c/o Evans, Dove & Nelson, P.L.C. 2650 E. Southern Ave. Mesa, AZ 85204 Copy electronically transmitted to: Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, AZ 85007

By:� � � Complaint Program Manager

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

KATHY HIGHLAND, ET AL., No. 17F-LTA1718002-ADH Ms. Highlands,

Vs. ADMINISTRATIVE LAW JUDGE DECISION CIELO GRANDE MHC, Respondent.

HEARING: December 28, 2017 APPEARANCES: Ms. Highland Kathy Highland appeared on her own behalf. Respondent Cielo Grande MHC was represented by Douglas Nelson. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT 1. Respondent Cielo Grande MHC (Respondent or Park) is a mobile home park in the state of Arizona. Ms. Highland is a tenant of the park. 2. On or about July 21, 2017, Ms. Highland filed a Petition for Hearing by the Mobile Home Parks Administrative Law Judge in which she alleged a violation of A.R.S. § 33-1491.1 3. In its answer, Respondent denied all claims in the petition. 4. On June 9, 2017, Respondent issued a Notice to Remedy Violation of Park Rules in which Respondent notified Ms. Highland that she was responsible for committing certain repetitive violations of the park rules, specifically Section Vl(F), which prohibits skateboarding, rollerblading, roller-skating, loud activities, loitering, or other activities that may damage Park property or disturb other residents. The notice specifically referenced that on April 5, 2017, Ms. Highland was rude to a fellow Park resident at the Park office where that resident felt intimidated and threatened and that on June 3, 2017, Ms. Highland harassed another tenant where that resident felt intimidated and threatened. The notice

While other tenants signed the petition filed in this matter, no significant evidence was presented regarding any retaliation claims with respect to the other tenants. Therefore, this decision will address only those claims brought relating to Ms. Highland.

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826 also provided that there had been other incidents where Ms. Highland's behavior had resulted in Park resident complaints. 5. On July 11, 2017, Respondent issued a Notice of Termination of Rental Agreement (Multiple Violations of Park Rules) in which Respondent provided notice that Ms. Highland's rental agreement was terminated effective 30 days after Ms. Highland's receipt of the notice. The notice provided that after the June 12, 2017 notice was issued, Ms. Highland made another resident in the Park feel threatened and fearful on July 8, 2017. 6. On August 1, 2017, Ms. Highland provided notice to Respondent that she would leave the Park no later than September 5, 2017. 7. Ms. Highland presented the testimony of Nina Raff who testified she was involved with the Arizona Association of Manufactured Home and RV Owners (AAMHO). Ms. Raff stated that she had not had any complaints against her in five years, but then received three complaints in June 2017. Ms. Raff maintained that she was also sent notices regarding the complaints similar to those received by Ms. Highland. Ms. Raff stated she moved out of the Park on September 1, 2017. 8. Jennifer Talley, Respondent's Community Manager, testified that she had received numerous verbal complaints from other residents alleging that Ms. Highland was making threats to the residents and was taking photographs of the residents and their homes. Ms. Talley stated she requested that the residents put the complaints in writing because she was unable to act on the complaints without having something in writing. Ms. Talley reported that she tried to work with Ms. Highland, but she ultimately felt Ms. Highland was trying to get Ms. Talley fired. 9. A copy of a Settlement Agreement dated July 14, 2016, was admitted as Exhibit 3 in the hearing. The Settlement Agreement provides that the parties will dismiss the matter of Cielo Grande HHC, LLC v. Cathy Highland, et al., Maricopa County Superior Court Case No. CV2015-095811 with prejudice. The Settlement Agreement goes on to detail how Ms. Highland was to communication with Respondent regarding concerns in the Park. The Settlement Agreement provides no information as to the nature of the underlying action and does not mention Ms. Highland's previous or prospective participation with AAMHO. 10. Ms. Highland did not testify at the hearing, but asserted in her opening statement that she believed the eviction notice was the result of her association with AAMHO. CONCLUSIONS OF LAW 1. The Department referred this case to the Arizona Office of Administrative Hearings, and this office has jurisdiction to hear and decide the petition pursuant to A.R.S. § 41-4061 et seq. 2. This case is governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act found at Arizona Revised Statutes Title 33, Chapter 11 (A.R.S. §§ 33-1401 through 33-1491). 3. Here, Ms. Highland alleged that Respondent retaliated against her based on her involvement with AAMHO in violation of the Act. 4. A.R.S. § 33-1491 provides, in pertinent part, as follows: A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. 2. The tenant has complained to the landlord of a violation under this chapter. 3. The tenant has organized or become a member of a tenant's union or similar organization. 4. The tenant has filed an action against the landlord in the appropriate court or with the appropriate hearing officer.

5. Ms. Highland failed to present any evidence relating to her involvement with AAMHO and/or how that involvement may have led to Respondent seeking retaliation against her. 6. On the other hand, Respondent presented evidence that multiple complaints regarding Ms. Highland's conduct in the Park had been received and at least one complaint was received after Ms. Highland was notified of the complaints and warned that further complaints would result in the termination of her lease.

7. The Administrative Law Judge concludes that the preponderance of the evidence failed to establish Respondent retaliated against Ms. Highland based on her involvement with AAMHO. Thus, no retaliation was demonstrated during the hearing. ORDER It is ORDERED that this petition is dismissed. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days from the date of that certification. Done this day, January 24, 2018

Isl Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to: Carol Ditmore Arizona Department of Housing