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Center sues city to lease homes

The Treasure Island city attorney calls the federal lawsuit by an alcohol and drug treatment service "a piece of garbage."

By KATHY SAUNDERS
Published September 18, 2005

TREASURE ISLAND - Operators of an alcohol and substance treatment service are suing the city in federal court claiming they have a constitutional right to lease neighborhood homes for their clients.

The city has been fining Matthew Schwarz and Gulf Coast Recovery Inc. $250 a day since Aug. 26 because the code enforcement board ruled the house at 12305 Third St. must be used as a single-family dwelling.

Schwarz owns the Isle of Capri house and leases it to multiple clients for weeks at a time. He and the company also lease four other homes in the city for the same purpose.

City Attorney Maura Kiefer called the federal lawsuit "a piece of garbage." The city code enforcement board on Thursday is moving ahead with plans to review complaints from neighbors about two other homes being used for Gulf Coast clients. They are at 10214 Tarpon Drive and 250 115th Ave. The code enforcement board meeting is scheduled for 3 p.m. Thursday at City Hall, 120 108th Ave.

The homes in Treasure Island are advertised on the company's Web site.

"One of the services that Gulf Coast offers is the ability for clients to rent a single-family home during the course of their treatment," the lawsuit states.

The lawsuit also says the clients are not consuming alcohol or using controlled substances when they are admitted to the rehabilitation programs.

Schwarz's attorney, Ethan Loeb of Bricklemyer, Smolker and Bolves of Tampa, said the city has violated his client's right to due process and equal protection. He also raises the federal Fair Housing Act, Americans with Disabilities Act and the Rehabilitation Act.

"They have decided to target these folks because they are recovering from an addiction to alcohol or other controlled substance," said Loeb of the city's actions.

The city has maintained that Schwarz and Gulf Coast Recovery, across street from City Hall, are using the properties as hotels in residential zoning districts.

"He's renting to too many people, too many times a year," said City Manager Ralph Stone. Under city zoning laws, single-family homes can be rented twice a year and multifamily homes can be rented up to six times a year, Stone said.

Leases provided to the city by Schwarz show he has been renting the houses to clients since December 2004, charging them $1,554 for four-week stays. The leases state the residents may share the houses with up to six renters at a time.

The city imposed the fine on the Isle of Capri home after neighbors complained about noise, traffic and transients.

City attorney Kiefer said she thinks Loeb filed the lawsuit "to buy time for his client."

Stone said the city has transient zoning districts where Gulf Coast could place clients during their recovery.

[Last modified September 18, 2005, 02:15:36]