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Mattawa landlord dinged for 'sham' agreements

by Richard Byrd For Sun Tribune
| November 15, 2017 12:00 AM

MATTAWA — A Mattawa landlord who forced his tenants to sign “sham” purchase agreements will be paying $500,000 in restitution and repairs at his mobile home park.

Washington Attorney General Bob Ferguson announced Gary Chavers, owner of the Sun & Sand Mobile Home Park in Mattawa, will pay $100,000 in restitution and make repairs to all homes at the park, after he forced tenants to sign “sham purchase agreements” so he could bypass Mattawa’s health and safety inspections. The AG’s office estimates the repairs will cost about $400,000.

A total of $200,000 in civil penalties awaits Chavers if he fails to pay the restitution and make the repairs. Ferguson filed a lawsuit against Chavers in 2015 after several residents advised of “warped” and “malfunctioning” doors.

“Many homes had old or worn flooring, some with holes in the floor or staples poking out of the carpet. Some homes were infested with cockroaches, and residents, including children, were being bitten by bed bugs,” Ferguson’s office stated in a release. “Many homes had old, leaky windows with rotted window sills and frames. The stairs leading to the front door of several homes were rotted and unsafe. Chavers voluntarily began to repair some of these conditions after the state filed suit.”

Chavers is required to hire licensed contractors to fix the most important issues at the park within 180 days of the agreement he struck with the state last week. The issue at the park stems from Mattawa creating an ordinance in 2009 that put forth new health and safety requirements at rental units after a mother and her two children were killed in a fire at a mobile home rental property in the city.

As a result, Chavers convinced Sun & Sand tenants to sign purchase contracts, which were only provided in English, despite most tenants speaking Spanish only and not being allowed time to get the documents translated before signing them. Chavers was able to sidestep inspection and compliance with the city’s health and safety requirements.

“Mr. Chavers deceived a vulnerable population to avoid his legal responsibilities as a property owner,” Ferguson said. “The condition of his properties is disgraceful, and this agreement obligates him to fix them.”

Other requirements placed on Chavers state that he is not allowed to raise rent for four years, he must provide interim housing to tenants if repairs force them out of their home temporarily and he must provide quarterly reports to the state that detail the fixes done to the units.

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