Vancouver-based property-management owners Denise and Michael Werner have been ordered to pay nearly $1 million in penalties for unlawfully issuing eviction notices and threatening to shut off utilities at an Ilwaco mobile home community, Beacon Charters and RV Park.
The Washington State Attorney General’s Office filed the motion for a partial summary judgment ruling in a lawsuit against the Werners and their companies — including Deer Point Meadows Investments. The lawsuit alleges the Werners violated the Manufactured/Mobile Housing Landlord-Tenant Act and Consumer Protection Act during their purchase and operation of Beacon Charters and RV Park.
On Thursday, the Werners were ordered to pay $381,500 in civil penalties and $545,000 in enhanced penalties as their unlawful notices impacted protected classes of people, including veterans, senior citizens, people with disabilities and low-income residents.
Efforts to reach the Werners and Deer Point Meadows for comment were unsuccessful Friday.
According to the lawsuit, Denise Werner has described the Beacon residents as “filth,” and Michael Werner has made statements that “he is not concerned about the Beacon residents’ rights and that he does not believe the law applies to him.”
The Werners operate dozens of mobile home and RV parks across the state, with more than 4,000 tenants. This week, The Columbian wrote about the plight of one of their Hazel Dell tenants.
“The magnitude of this penalty reflects the Werners’ egregious abuse,” Attorney General Bob Ferguson said in a press release.
Under new owners
On April 11, 2022, the Werners purchased Beacon Charters and RV Park with the intention to convert the mobile home park into short-term rentals, according to the lawsuit.
In February, before the park’s final sale, the Werners began issuing 30-day eviction notices to Beacon’s 45 long-term residents, according to the lawsuit. The eviction notices were signed by “management.”
On April 6 — also before owning the park —the Werners issued a utility shut-off notice, signed off by “management,” to its now-32 residents, according to the lawsuit. Employees posted four notices around the Beacon property telling residents the park would be closed by April 13 and tenants must vacate, according to the lawsuit.
When issuing the utility shut-off notices around the mobile home park, the lawsuit states, two of the Werners’ employees were visibly armed with firearms. The lawsuit also states this was “at the direction” of Michael Werner.
A 78-year-old resident undergoing cancer treatment said she saw “rats running all over the place,” according to the press release. The resident had to borrow money in order to move. Another resident, 81 years old, was worried “we might get kicked out onto our butts in the streets. … How on earth can (the Werners) do that legally?”
As a result of the Werners’ notices, many residents were forced to leave the property, according to the press release. Residents said they feared for their safety as they believed the Werners would kick them out or tow their homes.
One resident said the Werners’ threats of a utility shut-off and safety concerns due to the employees carrying firearms prevented him from seeing his young child, according to the press release. Residents also said they experienced physical harm from the stress — requiring hospitalization and continued care, according to the press release.
Grays Harbor County Superior Court Judge Katherine Svoboda, who is hearing the case, ruled that the notices were deceptive and unfair, in violation of the Consumer Protection Act.
After receiving 13 complaints from 10 tenants, an attorney with the Attorney General’s Manufactured Housing Dispute Resolution Program met with the Werners on April 13, 2022 — two days after they officially became the park’s owners. The Werners indicated the notices would be revoked, the press release states.
A month later, the Werners filed eviction proceedings against the 14 remaining residents, according to the press release.
In July, an administrative cease-and-desist order and notice of violation was issued against the Werners and their company — ordering them to pay relocation costs or $2,000 (whichever is greater) to all tenants remaining at the mobile home park, the press release states. The order also requires the Werners to halt current attempts to evict the remaining tenants. The order also requires the Werners to manage the common areas of the mobile home park, according to the press release. The Manufactured/Mobile Housing Landlord Tenant Act requires manufactured park owners to keep common areas habitable.
Visits to Beacon Charters and RV Park found overflowing garbage, dirty showers, clogged toilets and feces covering the walls, according to the lawsuit.
“The Werners denied their legal obligations and fought the attorney general’s administrative enforcement action,” the press release said.
The lawsuit states that the Werners’ conduct is “part of a pattern and practice engaged at other Werner-owned parks.” The Werners have 25 open complaints filed against them at the Manufactured Housing Dispute Resolution Program related to other Werner-owned parks; they include similar issues raised in this litigation, according to the lawsuit.
Although the judge’s order resolves some claims, a portion of the lawsuit is ongoing regarding the Werners’ violation against Washington’s Manufactured/Mobile Housing Landlord Tenant Act.
