Attorneys for the residents of Silver Court Trailer Park have asked a judge to halt eviction proceedings on the Little Havana property, citing a Florida mobile home law meant to protect vulnerable people from becoming homeless.
The Silver Court Homeowners Association (HOA) filed a motion for a temporary injunction in Miami-Dade County court, arguing 1989 Sunny Court LLC — the park's owner — didn't get the legally-required government permission to change the zoning on the mobile home park before evicting people.
"The HOA seeks a declaratory judgment against 1989 SUNNY COURT LLC finding that it violated its obligation of good faith and fair dealing when it refrained from seeking government approval in the way of re-zoning or other applications for its change of use while residents remain at the Park in order to side-step the protections of mobile homeowners facing displacement under [Florida Statute] 723.083," the motion reads.
READ MORE: Little Havana trailer park residents want more time, more money before being forced to move
Carrie Feit, an attorney with the nonprofit Community Justice Project (CJP) who's working with the trailer park residents, explained that a 2011 amendment to Florida's mobile home law changed the language around removing mobile home residents from their properties when a park owner wants to change the land use of the park.
Under CJP's interpretation, a park owner must get permits or a zoning change from a local government before they can change the land use and evict residents. And, under Florida law, a government can't take that action until it can find a suitable place for the displaced residents to live.
" What we're trying to say is that in 2011, the law very much changed in a significant way that makes clear that government determination has to be part of the change of use process that shuts down that park," Feit told WLRN. " This temporary injunction says, 'Pause everything. Keep the status quo. Don't let the park proceed with this change of use notice until the court makes this larger determination.'"
Residents of the Silver Court Park in Little Havana were told in March that the park's owner was changing the land use of the property and they all had six months to leave. This follows a trend of mobile home parks being shut down and redeveloped as landowners seek to build on the few undeveloped properties left in South Florida, like the L'il Abner park in Sweetwater.
Urban Group, a Fort Lauderdale-based developer, is handling the process of removing residents from Silver Court Trailer Park.
In a statement to WLRN, Urban Group President Matt Rosenbaum said: "For mobile home tenants, disputes rarely change the ultimate outcome, and the best course of action is to accept the generous relocation offers being offered upfront. Throughout this process, the owner’s focus remains on complying with the law, treating residents with respect, and providing relocation assistance that exceeds what the law requires so that families can transition to the next chapter of their lives with support and dignity."
Silver Court residents have asked their elected leaders to bring them to the table with the property owner to negotiate for more time to find new homes, and more money to pay for relocation.
Feit says the remaining 50 or so mobile home owners who haven't left Silver Court are fighting for fair treatment and to stay off the streets. Many of the residents are elderly and disabled people living on fixed incomes who can't afford to find new homes in Miami's strained rental market.
" It's not hyperbole to say that some of them will wind up experiencing homelessness," she said.
It's now up to a Miami-Dade judge to decide if an injunction should be issued, allowing the remaining mobile home owners to stay home and continue paying rent until the case is decided.
