City to pay January hotel fees for evacuated seniors; home repairs may take 9 months
The city of Charlotte says it will pay hotel fees through Jan. 31 for evacuated seniors, but some could lose their leases because repairs inside damaged units may take nine months, or more.
Residents of Magnolia Senior Apartments, their families and local advocates on Wednesday joined property management at the Residence Inn by Marriott Charlotte Northlake where it was announced city officials would help foot the bill. Since Christmas, dozens of seniors were evacuated to local hotels after a water leak flooded apartments at the Beatties Ford Road complex.
The update comes after residents were informed last week they would be expected to vacate the hotels by Sunday. They have a little more time, but resident Nilka Mcdonald said it’s a travesty any leases would be terminated.
“It’s not fair to them, for somebody to terminate their leases for something that didn’t happen because of them,” says Mcdonald, among those with units most damaged. “This is like North Carolina does not care about senior citizens.”
Not all of the leases for the 82-unit building will be terminated, said Bill Bolstad, executive director with Mosaic Development Group, which owns the property. But there is a clause in residents’ leases that allow for termination during events that drastically damage the building, he said.
To that end, around 10% of residents will have their leases terminated, Bolstad said. This will impact residents living on the right side of the building in the most damaged units, he said.
The building was damaged after a pressurized line inside the complex’s sprinkler system broke on Christmas, Bolstad said. The complex will now have to be cleared by the Mecklenburg County Fire Marshal’s office before residents are allowed back in.
Current residents will get preference if they decide to reapply once the building is fully restored, Bolstad said.
“Our hope is that you will return,” he said.
City officials are expected to hold a meeting soon to discuss next steps, city spokesman Lawrence Corley, said in an email. He confirmed the city will cover residents’stay until the end of the month, but did not answer where the funding will come from or how much it may cost.
“We are still working through all aspects of this, including funding,” Corley said.
Mosaic and community partners are expected to reconvene Tuesday to review residents’ needs and begin identifying resources to assist, a memo sent to city council, and shared with the Charlotte Observer said.
Residents said they are still concerned about their belongings, while others shared they left medication in their units.
“I just want to see my apartment,” Constance Westmoreland, another resident, said. “I just want to see my things.”
Lease termination
The apartment complex first opened up in 2019. Property owners received low-income housing tax credits and had a termination clause included in leases. It allows units to be vacant so contractors can repair the building, Bolstad said. As soon as it’s rebuilt residents would be allowed back, he added.
“We don’t want to terminate the lease, but legally there isn’t a premises for (residents) to come back to,” Bolstad said.
But Isaac Sturgill, attorney with Legal Aid of North Carolina, said the clause may not allow for residents to be immediately removed. Sturgill said he’s seen cases where residents fight their landlords in court to make repairs in a more timely fashion, or provide alternative housing if it takes longer.
“It gets kind of muddy in these situations,” Sturgill said. “They may point to the clause, but my response is, is that lease provision even legal? Or is that you trying to get out of your responsibility as a landlord?”
There are similar clauses that are typically called “force majeure” or “act of God” clauses, which cover catastrophic events, he added. How enforceable they are in a court of law remains unclear.
Residents may face a difficult road ahead due to the lack of affordable housing in Charlotte, he added.
“These are probably apartments they waited for a long time to get into because they are affordable,” Sturgill said. “To have that carpet ripped out from underneath their feet is sad.”
Patricia Lockhart, a resident for nearly three years, said she was concerned about possible mold being left in her apartment due to the damages.
Lockhart, who lived on the right side of the building, said it’s been difficult to get clear information since being asked to move out.
“They’re throwing us out like trash,” she said. “That’s what it feels like.”
This story was originally published January 16, 2023 at 6:00 AM.
