Housing woes
Island woman about to be evicted due to ‘misunderstanding’
Kim Higgins and her family are getting kicked out of their apartment.
She recently moved in with her daughter in an apartment on Carvell Street.
Due to a money matter currently under investigation by police, Higgins didn’t have the rent at the first of the month.
On Jan. 3, landlord Hal Curley arrived at the home to serve Higgins with an eviction notice.
That’s the first time he noticed the dogs.
Even though Higgins, her friends and family managed to scrape together enough for the rent that evening, texts from Curley to Higgins say he won’t accept the money until the dogs are gone. The morning of Jan. 4, a second eviction notice was taped to the apartment door. This time saying Higgins had to leave because of the dogs.
Curley bought the building last September.
Higgins said she and her family have always had small pets like rabbits and cats and the dogs have been there since before Curley’s take-over as landlord four months ago.
There are four other dogs the building, said Higgins.
“My daughter who lives here, who has been a tenant here for almost a year — prior to when he owned the building — has had dogs.” Curley, though, was adamant the building is pet free and Higgins’ dogs are not allowed. When asked if it was possible there were more pets in the building he doesn’t know about, he said no.
“There’s nobody else in the building with pets, I tell ya. It is not a pet-friendly building. It never was,” said Curley, when contacted by the Journal Pioneer.
When he discovered the dogs living with Higgins, Curley said he called the former building owner. The former owner told Curley he had turned down the family’s request for a dog. According to tenants in the building, however, there were other dogs in the building in the past, but they had moved out before Curley took it over. Higgins said it was common knowledge the building was petfriendly.
When Curley was told the late rent was due to a matter under police investigation, he replied it was none of his concern.
“My concern is the rent. Rent is due on the first of each month.” Curley said the matter is between “me and her and IRAC.” Higgins is confused why Curley is targeting her, when the lease is not in her name.
Kim Devine, the spokesperson for IRAC, said she can’t discuss the details of specific cases, but sent a note with information on evictions.
“Landlords can only terminate a rental agreement with cause and that anyone served with an eviction notice can contest the notice by filing a Form 6 with IRAC within 10 days of receiving the notice. Once that form is filed, a hearing is held within five to seven days, with an order being issued within two days. Landlords can serve tenants with an eviction notice any time of the year.”
Higgins called IRAC after the first eviction notice and told them about the dogs and asked what to do. `They have filled out a Form 6 to appeal the eviction.