Residents of a Fresno mobile home park are waiting on a court ruling that could determine whether many of them get to remain in their homes at least through the summer.
Fresno County Superior Court Judge D. Tyler Tharpe could hand down a ruling as early as Friday that would either keep tenants in their home while legal skirmishes play out or allow the park owners to continue evictions and ultimately close the park in the coming months.
Tharpe heard arguments from both sides Tuesday and said he would issue a written ruling in the coming days.
The judge on Jan. 30 issued a temporary order protecting park residents from swift evictions. La Hacienda residents have accused park owner Harmony Communities of forcing people out of their home in an effort to close the park. Under the judge’s ruling, Harmony must get court approval for tenant evictions going forward.
The order also protects residents from having to reapply for tenancy by recognizing their tenures in the park and the ownership of their mobile homes — something they allege Harmony refused to do — and it prohibits the park owner from closing down La Hacienda until the city of Fresno approves a closure and relocation plan for the tenants.
Harmony and their attorneys have said they are closing down the park and going out of business. They say they are not trying to repurpose the property, which would require government approval. They say that distinction is crucial and would mean the city and court have no authority to prevent a park closure, the company argued in a written filing submitted on Friday.
“The government cannot stop someone from going out of business,” the argument reads. “The government may impose conditions and require a permit when the owner wishes to redevelop the park into something else.”
Harmony attorney Chris Chapman also argued that the park owner has met their legal obligations to close down the park, including submitting closure plans and an impact report to the city. Fresno City Council rejected Harmony’s report during a November hearing.
“A local government has jurisdiction only to determine if the impact report satisfies the requirements, not park closure itself,” Chapman said at the hearing. “Whether they find the report sufficient or not is irrelevant.”
Mariah Thompson, senior litigator for CRLA representing the tenants, argued that Harmony’s interpretation of the law was a “misunderstanding.”
“Their interpretation of the law would result in a very illogical conclusion that no one can stop them,” Thompson said during the hearing.
“They can prepare a closure impact report and relocation plan that…is inadequate, and even if the city were to determine it’s inadequate, the city can’t do anything about it, the court can’t do anything about it, nobody has any authority because they have a right to go out of business,” Thompson added.
California Rural Legal Assistance and many La Hacienda tenants they represent have been requesting eviction protections since March 2022.
In his Jan. 30 ruling, the judge sided with critics who have accused Harmony of pressuring residents “to force them to sign lengthy, burdensome lease agreements that contain provisions that allegedly violate plaintiffs’ members’ rights.”
Resident David Willis said Harmony’s agreements would have blocked residents from taking the company to court.
Harmony Communities’ attorney did not respond to requests for comment.
The park owner could appeal the court’s decision in a hearing over the injunction expected to take place on Feb.13.
Harmony sues Fresno over rent hike rejection
The order landed just days after park owner Harmony Communities submitted a lawsuit against the City of Fresno and the Mobilehome Park Rent Review and Stabilization Commission over the rejection of Harmony’s rent increase proposal.
Harmony argues the city’s commission “failed to follow its own rent control ordinance” preventing the park owner from exercising its “constitutional right to a ‘just and reasonable return on their property,’” in their lawsuit filed on Jan. 24.
The commission rejected Harmony’s proposed $350 rent increase during a November hearing. They instead chose to increase rent by 6.6%, or $24.92 per month, the maximum allowed by city ordinance.
Harmony’s lawsuit also argues that the Fresno City Attorney “misrepresented to the Commission members the legal requirements of the Ordinance, resulting in prejudice to” the park owner, and that they “implemented the Ordinance’s procedures in a biased and unreasonable manner, one which improperly favored the residents.”
As the commission rejected Harmony’s proposed rent increase, commissioner Shannon McCulligh said during deliberations that “I honestly don’t think [an increase of] $350 a month is reasonable or fair for anybody in this situation.”
What happens next?
Tharpe will go over the arguments before announcing his verdict through a written decision that could come as soon as the end of the week.
Tharpe has the option to amend the temporary injunction or adopt it as currently written, with the order continuing to provide La Hacienda tenants protections against Harmony until a formal trial can begin.
The park first drew attention in 2021 when the fallout over a deadly fire revealed that the old park manager was operating with a suspended license.
The fire sparked numerous challenges and legal battles, including the city taking over mobile home park inspections, a change in park ownership and legal battles from residents hoping to stop the new owner from closing the park.
Harmony still intends to force out tenants so they can then close and sell down La Hacienda.
Though they can continue to pursue a park closure, Harmony Communities has the option of selling La Hacienda to a buyer hoping to keep it running as affordable housing.
In December, Fresno City Councilmembers Miguel Arias and Garry Bredefeld introduced a resolution that residents hope will eventually allow a new party to step in and take over the park from Harmony.
Arias has criticized Harmony over their pursuit of “aggressive evictions,” and breaking their commitment to keep the park open as affordable housing.
Mariah Thompson, senior litigator for CRLA representing the tenants, confirmed with Fresnoland that they are working with a nonprofit partner toward a possible park acquisition.
“Our nonprofit partner is still hoping to acquire the park,” said Mariah Thompson, senior litigator for CRLA representing the tenants. “They have submitted an application for funds through the city.”
Harmony has no legal requirement to sell the park, regardless of their future plans. Willis remains hopeful, saying the court’s ruling “bought us a year and then some.”
“Hopefully,” Willis said, “the nonprofit people that are looking to buy the park, along with the help of the city of Fresno, will put this park back on the map and looking like the place it used to be.”
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