Authority board member insists she did not get special treatment

March 08, 2006

BY PAT LITOWITZ
PLITOWITZ@NCNEWSONLINE.COM


A member of the Lawrence County Housing Authority board insists she has not received special treatment.

However, Ernestine Wise has avoided eviction despite multiple rent delinquencies.

"I have not ever had any special favors given to me," Wise said. "I don't ask for special favors. I respect the law."

Authority manager Gerry Dorsey filed a complaint Sept. 6 against the 60-year-old Wise, who lives at 16 W. Reynolds St. in the Sciota Street development. The authority was seeking $711 in back rent from Wise.

The action came almost three months after the county commissioners named Wise to the five-member housing authority board. She replaced James Graves, another housing authority tenant.

Except to say it was a personal matter and that she is on a fixed income, Wise did not disclose the reason she fell behind on her $165 monthly rent.

"I worked with my manager, Gerry," she said. "She gave me no special privileges."

Robert Evanick, housing authority executive director, said he was not aware of the action against Wise.

"There was no reason for us to keep track of it."

Evanick said development managers handle eviction cases.

When a tenant is officially removed from housing authority property, then Evanick, authority solicitor Louis Perrotta and the board are notified.

"If (Wise) hadn't paid, she would have been evicted," Evanick said.

The authority follows a standard practice in dealing with rent payments, which are due the first of each month, he explained.

If payment is not received by the 15th, a letter advising the tenant of the delinquency is mailed. Ten days later, the authority sends an eviction letter. If the tenant enters a second month of nonpayment, the manager files a complaint with the district justice's office.

A hearing is then scheduled.

Authority managers file about 1,000 complaints against residents annually in an effort to collect delinquent rent. If the past-due rent is paid prior to the hearing, the tenant may remain. If not, the authority evicts the tenant and keeps that person's possessions.

Evanick said 75 percent of the tenants facing eviction bring their accounts up to date.

While Wise satisfied her judgment with the authority and district court, her case illustrates the inconsistent manner in which the authority enforces its lease agreement with its tenants.

Under terms of the authority's lease agreement, three or more late payments in a 12-month period can result in the lease's termination. In the 23 months from December 2003 to October 2005, court records supplied by the authority show Wise with 11 late payments.

Although language in the agreement allows the authority to break its lease with Wise, the authority has opted not to enforce that provision.

While Evanick would not address Wise's situation, he said the authority realizes its tenants face difficult economic circumstances.

"It all depends on the circumstance," Evanick said. "If you know the tenant, then you work with them.

"That's what I have managers for."

County Commissioner Dan Vogler said criminal investigations are performed on candidates seeking appointment to the housing, airport, redevelopment and municipal authorities. The investigation does not delve into finances.

Although he was not aware of the complaint against Wise, Vogler said she remains the right choice for the job.

"We felt Wise was the best."

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