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Southpinellas: Deaf man's eviction awaits judge's ruling
For the past two months, Patrick Ackerman has searched fruitlessly for a new home.
Now his future is in the hands of a Pinellas County judge, who will rule on whether Ackerman can continue living in the Bayou Courtyard Apartments, an independent living facility for the deaf in Largo.
Ackerman, 42, is deaf and blind. He and his attorney, Ken Dandar, are fighting an eviction order by the Deaf & Hearing Connection of Tampa Bay, the owner of Bayou Courtyard.
The two sides met for an all-day hearing in Pinellas County civil court Wednesday. It may be a week or more before Judge Kathleen Hessinger issues her written opinion in the case.
Ackerman's lease expired May 31. On that day, a federal judge refused to grant him an emergency order allowing him to continue living in Bayou Courtyard, his home for the past four years.
The dispute was transferred to County Court for eviction proceedings when the two sides failed to reach a settlement agreement.
Dandar said his client has nowhere to go if evicted. Ackerman lives off a monthly $750 Social Security check, which limits his choices, Dandar said.
"Believe me, I've looked," he said. "I can't find him a place. They either can't accommodate him or the rent is way too high."
But Sam Heller, an attorney for Deaf & Hearing Connection, said his clients aren't obliged to give Ackerman another lease. Ackerman was consistently late with rent payments and violated the rules by living with a roommate and being disruptive, Heller said.
His clients offered to help Ackerman find a new place to live but he refused their suggestions, Heller said.
"It's absolutely an unfortunate thing that we are here today," he said. "This has never been our intention. But in the long run, anything short of 'I can stay here forever and do whatever I want' was not an option for Mr. Ackerman."
In court, Dandar argued the Deaf & Hearing Connection was retaliating against Ackerman because he filed a federal lawsuit in May blaming them for the loss of his sight in August 2004.
Dandar also said the agency was violating the Florida Fair Housing Act, which protects the disabled from eviction unless they pose a threat to others.
"If Mr. Ackerman were not disabled, we would not be here," Dandar said.
But Heller said Dandar's interpretation of the law was far too broad. Judge Hessinger also expressed some skepticism.
"They can choose not to pay rent, they can choose not to follow the rules and they can still stay there?" she asked.
But Dandar said Ackerman did follow the rules and pay his rent.
Asked why his client would want to remain in a place where he is no longer wanted, Dandar said Ackerman considers Bayou Courtyard his home.
"This is a unique place," Dandar said. "My client loves Bayou Courtyard. That's where his friends are. That's where he wants to stay."
For the past two months, Patrick Ackerman has searched fruitlessly for a new home.
Now his future is in the hands of a Pinellas County judge, who will rule on whether Ackerman can continue living in the Bayou Courtyard Apartments, an independent living facility for the deaf in Largo.
Ackerman, 42, is deaf and blind. He and his attorney, Ken Dandar, are fighting an eviction order by the Deaf & Hearing Connection of Tampa Bay, the owner of Bayou Courtyard.
The two sides met for an all-day hearing in Pinellas County civil court Wednesday. It may be a week or more before Judge Kathleen Hessinger issues her written opinion in the case.
Ackerman's lease expired May 31. On that day, a federal judge refused to grant him an emergency order allowing him to continue living in Bayou Courtyard, his home for the past four years.
The dispute was transferred to County Court for eviction proceedings when the two sides failed to reach a settlement agreement.
Dandar said his client has nowhere to go if evicted. Ackerman lives off a monthly $750 Social Security check, which limits his choices, Dandar said.
"Believe me, I've looked," he said. "I can't find him a place. They either can't accommodate him or the rent is way too high."
But Sam Heller, an attorney for Deaf & Hearing Connection, said his clients aren't obliged to give Ackerman another lease. Ackerman was consistently late with rent payments and violated the rules by living with a roommate and being disruptive, Heller said.
His clients offered to help Ackerman find a new place to live but he refused their suggestions, Heller said.
"It's absolutely an unfortunate thing that we are here today," he said. "This has never been our intention. But in the long run, anything short of 'I can stay here forever and do whatever I want' was not an option for Mr. Ackerman."
In court, Dandar argued the Deaf & Hearing Connection was retaliating against Ackerman because he filed a federal lawsuit in May blaming them for the loss of his sight in August 2004.
Dandar also said the agency was violating the Florida Fair Housing Act, which protects the disabled from eviction unless they pose a threat to others.
"If Mr. Ackerman were not disabled, we would not be here," Dandar said.
But Heller said Dandar's interpretation of the law was far too broad. Judge Hessinger also expressed some skepticism.
"They can choose not to pay rent, they can choose not to follow the rules and they can still stay there?" she asked.
But Dandar said Ackerman did follow the rules and pay his rent.
Asked why his client would want to remain in a place where he is no longer wanted, Dandar said Ackerman considers Bayou Courtyard his home.
"This is a unique place," Dandar said. "My client loves Bayou Courtyard. That's where his friends are. That's where he wants to stay."