Sun-Sentinel 09/04/08

We would like to thank the Sun-Sentinel for their
excellent reporting on Palma Nova Mobile Home Park.

Mr. Austin Forman
American Marketing & Management, Inc.
888 SE Third Avenue
Suite 501
Ft. Lauderdale, FL 33316

Dear Mr. Forman:

Subject: Closure of the Palma Nova Mobile Home Park in Davie, Requirements of Davie Ordinance 2008-18 "Mobile Home Relocation Assistance", Adopted on May 7, 2008.

Dear Mr. Forman:

This is to acknowledge the verbal representation on August 26, 2008, made by Mr. Jim Kane on your behalf, of your formal intent to close-down and cease operating the Palma Nova Mobile Home Park located at 3021 SW 61st Avenue. Subsequent to our conversation with Ms. Kane, a "Relocation Report and Plan for the Palma Nova Manufactured Housing Community" prepared by The Urban Group Inc., was received by this office. That document was forwarded to the Town's Housing and Community Development Director for her initial review and evaluation; and, this letter reflects her preliminary review and comments.

As you are aware, on May 7, 2008, the Davie Town Council adopted Ordinance # 2008-18, which governs the actions associated with the closure of Mobile Home Parks in Davie. This Ordinance was designed to supplement, not supplant, State Statute 723. This was necessitated by the fact that Davie had previously declared an "affordable housing crisis", exacerbated by condominium conversions, mobile home park closures, and the sagging economy, which has not yet been alleviated. The Town must be assured that, as a result of the closure of any mobile home park, Davie residents who are permanently and involuntarily displaced, will receive adequate assistance to ensure that they are successfully rehoused in comparable replacement housing that is affordable to them. In the Town of Davie, housing is considered "affordable" when the monthly rents/utilities or monthly mortgage payments (including taxes and insurance), do not exceed 30% of the adjusted gross income of the household.

Section 2 of the Town's Ordinance entitled "Requirements for Mobile Home Relocation Assistance", requires that you submit the following:

A Relocation Report and Plan which describes how the mobile home park owner intends to comply with Town, County, and State legislation relating to mobile home relocation assistance.

The Relocation Report and Plan must provide that the mobile home park owner will assist each mobile home park tenant household to relocate; however, no funds shall be required of the mobile home park owner, other than those presently set by state or federal laws, settlement agreement, voluntary payment or payments made into the Affordable Housing Trust Fund (AHTF) pursuant to Davie's Ordinance 2008-17 (also adopted May 7, 2008). I must point out that, as of this date, no funds have yet been deposited in the Town's new AHTF.

Such assistance must include providing tenants with an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, and helping tenants obtain and complete necessary application forms for state or federal required relocation assistance including payment from the State Mobile Home Relocation Trust Fund.

Further, the Relocation Report and Plan must contain the following information:

A statement of the anticipated timing for park closure. Notices delivered within the Park today are dated August 25, 2008, and advise residents that they must vacate by February 28, 2009. This is inconsistent with the time-line cited in The Urban Group's Plan on page 3. Further, The Urban Group Inc., claims to have bi-lingual services, yet we note that the "Notice of Park Closing" delivered to the residents, was only in English; and, there are a large number of Hispanics living in that community. We recommend that a Spanish version of the Notice also be created and distributed.

The Town will seek a time-line with specific bench-marks to be achieved by the Relocation Consultant, which keeps the Town fully apprised of actual tenant relocation assistance, efforts, and payments. We will require evidence of each and every household displaced, and the level and type of assistance that was provided to each displaced individual or family, thereby confirming that they were successfully rehoused.

Copies of all lease or rental agreement forms the mobile home park owner currently has in place with mobile home park tenants. As no leases are in place, please provide a comprehensive listing of all tenant households by: address/phone numbers, family size, income levels, disabilities/special needs, current rent status, ownership of pets, and the year that the mobile home was built, in order to determine if it is suitable for relocation within the 5-mile radius.

An inventory of relocation resources, including available mobile home spaces in a radius of 5 miles of Davie. This list must identify which mobile home parks will accept non-windstorm-rated mobiles, not simply those with vacant available pads for rent. Our experiences in this arena, demonstrate that few Mobile Home Park Owners will accept non-windstorm-rated mobiles into their parks, due to their potential liability to other wind-storm rated owners should a Hurricane or Tropical Storm strike.

The mobile home park owner will provide information as to how to assist mobile home park tenants to best move the mobile homes from the mobile home park. The Town understands that the majority of the units in Palma Nova are not-wind-storm rated; therefore, please provide specific information on how those tenants who will loose their asset if it can not be moved, will be assisted.

Actions the mobile home park owner will take to refer mobile home park tenants to alternative public and private subsidized housing resources. Given the lengthy waiting lists in place for various government housing programs e.g. the Section 8 Voucher Choice Program, please provide a list of all available housing units under the jurisdiction of state chartered, and federally funded, housing authorities, as well as other private or not-for-profit affordable housing agencies. Keep in mind the income levels of the current residents of Palma Nova, so that the housing referrals are within the realm of affordability to the displaced individuals as previously defined herein.

Other actions the owner will take to minimize the hardship that mobile home park tenant households will suffer as a result of the closure or conversion of the mobile home park. This requirement is crucial in order to evidence to the Town, that no Davie household will become homeless as a result of the closure of the park.

The Town Administrator may require the mobile home park owner to designate a Relocation Coordinator to administer the provisions of the Relocation Report and Plan, and work with the mobile home park tenants. Given the magnitude of this park closure, we are pleased that Mr. Forman has retained an independent firm i.e. the Urban Group, Inc., to provide on-site relocation assistance to the Palma Nova residents. Such Relocation Coordinator shall work directly with Shirley Taylor-Prakelt, the Town's Director of Housing and Community Development, on any and all facets of the Relocation Plan and mitigation efforts.

Mrs. Shirley Taylor-Prakelt will confer with such Relocation Coordinator to ensure compliance with the Relocation Report and Plan, and with state and federal laws governing mobile home park relocation assistance, eviction notification, and landlord/tenant responsibilities.

The park owner shall make available to any mobile home park tenant residing in the mobile home park, copies of the proposed Relocation Report and Plan. At this time, the preliminary report submitted by The Urban Group Inc., is deemed insufficient, and requires further and more detailed information, as outlined in this letter. The Urban Group, Inc., acting on behalf of the park owner, should schedule a meeting with Mrs. Taylor-Prakelt by calling (954) 797-1173 as soon as possible, to ensure that all parties "are on the same page", and there is no lack of clarity on either part.

Within 21 days of submittal to the Town's Housing and Community Development Director of the final Relocation Report and Plan, a copy of the approved Relocation Report and Plan shall be mailed by the owner to each mobile home park tenant. Please note that the Plan received on August 26, 2008 from The Urban Group Inc., is not deemed suitable for approval, as it does not evidence to the Town the spirit or intent of the Mobile Home Relocation Assistance Ordinance.

Given what has transpired in other municipalities in the tri-country area, the Town took the extraordinary effort of developing its own Ordinance, in order to ensure that Davie's mobile home occupants, who are permanently and involuntarily displaced by the closure of mobile home parks, are successfully rehoused in sustainable and affordable housing.

You are required to notify the Town, via the Housing and Community Development Director, of any major changes to the Relocation Plan once submitted. Again, the Town expects to receive a modified version of the preliminary "Relocation Report and Plan" which contains a far greater level of detail.

Please be reminded that, no mobile home park owner may obtain final approval of a comprehensive plan or zoning re-designation until the mobile home park owner obtains a Certificate of Completion from the Town Administrator based on the recommendations of the Town's Housing and Community Development Director.

A "Certificate of Completion" will not be issued until Davie's Housing and Community Development Director determines that Ordinance 2008-18 has been fully complied with. It is our great hope that you will set a shining example of how to handle the closure of a mobile home park containing 3,000 +- individuals, so that any undue economic and psychological hardships on the displaced families are minimized, and each individual is successfully rehoused in sustainable housing of their choice.

If you have any questions on this matter, please do not hesitate to contact Shirley Taylor-Prakelt, Davie's Housing and Community Development Director at (954) 797-1173.

Sincerely,

Gary Shimun,
Town Administrator

Attachment: Ordinance 2008-18

Cc: Mayor and Council Members
John Rayson, Town Attorney
Joe Montopoli, Interim Assistant Town Administrator
Jim Kane, Attorney representing Austin Forman
Kristi Caravella, Executive Assistant to the Town Administrator
The Urban Group, Inc.

Copy of certified letter courtesy of Shirley Taylor-Prakelt.

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