Liberty Lodge tenants form a union and make demands. Here's what we know

SANDWICH — A flock of turkeys plodded through the property known as Liberty Lodge last Thursday, as a breeze scattered multi-colored foliage across the lawn.

Bill Frizzell, a tenant at the former hotel on Route 6A smiled and took a break from leaf blowing — an activity he said he performs several days a week to help keep up the property. A U.S. Navy veteran, he said he feels responsible for what was once the Country Acres Motel, and said it's become his home.

"If this is going to be my spot, I’m good with that. It’s a beautiful spot," he said. "My room is clean. I don’t need a lot of things. I’m here now."

Frizzell had developed a fondness for Liberty Lodge, along with the tenants who live there — most of them veterans. Which is why he and about seven others formed the Liberty Lodge Tenants Union.

"This is new for me. I've never been involved with any activism, so it’s kind of different," said Frizzell

The union, he said, wants to protect tenants after they found out that Liberty Lodge, an 18-unit motel, was not zoned as year-round housing.

There are 11 units occupied and three residents have reported that they will be moving between now and the end of November.

Liberty Lodge residents served eviction notices

The property recently gained attention after tenants spoke to the Times about their experiences living there. The tenants claim property owner Mustapha Akkawi and Property Manager Carol Eklund were offering year-round residency to veterans, despite the motel's zoning, which limits occupancy to 28 days. Tenants were also unhappy with the condition of the one-room efficiency apartments.

In July, Eklund sent a 30-day-notice to quit letter to all Liberty Lodge residents, and ordered they move out by Sept. 12. Since then, Brendan Brides, building commissioner for the town, told the Times that no tenants will be forced out of their units until they find alternate housing.

Since then there have been discussions between the Liberty Lodge owners and prospective purchasers of the property including the Housing Assistance Corporation.In previous interviews with the Times, Eklund said she didn't fully understand the zoning constraints on the property and considered the motel transitional housing.

She said she did not want to evict residents, but changing the zoning to long-term residency requires the installation of a fire protection sprinkler system, according to the town. Estimating the cost at about $200,000, Eklund said she can't afford it. Akkawi, she said, has already invested roughly $300,000 into the property.

To her knowledge, said Liberty Lodge resident Megan Pouliot, two veterans have left Liberty Lodge since receiving the notice to quit. The remaining residents are looking to protect themselves by forming the union.

Pouliot has since been served with a 14-day notice to quit for non-payment of rent on Sept. 11. The notice, which included two one-room efficiency apartments, named her husband, Aaron, and their 18-year-old son, who is a student at the University of Massachusetts Amherst.

The letters, sent to the Pouliots by Akkawi and Eklund's lawyer Jan Kendrick of Pierce Law in West Barnstable, state the Pouliot family owes a combined total of $12,000 for the two units.

Megan Pouliot, who continues to live at Liberty Lodge, disagrees with the amount noted on the eviction notice but didn't disclose the amount she thinks she owes.

The monthly rent for each unit is $1,200 per month, Kendrick told the Times.

Naming the Pouliots' son on the eviction notice could hamper his ability to rent in the future, Megan Pouliot said.

Kendrick said it is required by law to name anyone of age to be listed on an eviction notice.

"It's a difficult thing to happen to you at 18 but I can assure you that it would be subject to dismissal if his name is not listed on the letter," Kendrick said.

Liberty Lodge tenants union letter delivered by sheriff

Liberty Lodge residents sent a letter to Akkawi and Eklund on Sept. 29, announcing the formation of the tenants union. The letter was delivered by the Barnstable County Sheriff's Office to Akkawi and Eklund, which Kendrick confirmed during a telephone interview.

The letter outlines the union's expectations for the property and requests that Akkawi and Eklund comply with Massachusetts law on rental property. "This is a wheel that has a lot of spokes on it," Frizzell said. "Different people have different issues and needs here. There are also financial issues and town aspects that factor in. We are trying to walk the line gingerly."

The letter also asks that Akkawi and Eklund treat the residents with respect.

The goal for the tenants union, Frizzell said, is to make the property, which is located on 187 Route 6A, safer. By establishing the union, he said he hopes Akkawi and Eklund can be held accountable for what the group contends is mismanagement of the property.

"The whole way this property was formed, and the way it's run, is ruining lives," he said.

Liberty Lodge owner, management 'interested in discussing the concerns'

Upon receiving the letter, Kendrick said Akkawi and Eklund's first instinct was to have a discussion with the designated leader of the tenants union about any specific concerns.

"There is no individual identified in the letter to correspond with," said Kendrick. "We would be happy and interested in discussing the concerns directly with a representative of the union."

Kendrick said one of the tenants told Eklund that the purpose of the tenants union was to sue the town.

Pouliot doesn't believe any tenant made such a remark.

"No one has ever talked about suing the town," Pouliot said. "The purpose of the tenants union is to empower all who have been affected and to seek the justice we deserve."

What are Liberty Lodge tenants' demands?

Under a warrant of habitability, the tenants union letter to Akkawi and Eklund states that residents shouldn't be deprived of the typical expectations of someone paying monthly rent in good standing.

"Liberty Lodge falls well below the current standard of acceptability under state, town and federal laws. The property is subpar, with numerous health and safety issues that have been repeatedly ignored," said the tenants union in the letter. Kendrick calls the accusation a "blanket statement" and a baseless allegation.

It's important to note in regards to the demands, Kendrick said, that Eklund is properly responding to all requests for repairs or concerns.

"The demands in the letter are very broad," she said, noting that makes it difficult to respond specifically.

The demands outlined in the letter address the state of the property and the tenants are requesting a health and building inspection to determine conditions before rent is paid in following months. Kendrick said Friday that Eklund has arranged for a former assistant building inspector and a recently retired licensed building inspector to examine the property. A specific date for that inspection was not provided to the Times, but Kendrick said the inspection would occur in the next two weeks.

The tenants would also like to have the option of paying their rent with a check. Normally, Eklund likes rent to be paid in cash, said Pouliot. The group is additionally hoping rent can be sent through the U.S. Postal Service, instead of Eklund's rent pick up that occurs on the first of every month. The tenants union also requests making modifications on individual units for veterans with disabilities.

The group asks as well for routine property maintenance, such as landscaping, trash removal and snow removal. "All the above expectations are expected when a tenant pays rent. None of these demands are outside the realm of reasonable industry standards," reads the letter.

According to Kendrick, the only complaint Eklund has received in the last six months was to fix a belt on the lawn mower. Eklund promptly hired someone to mow the lawn, said Kendrick.

The letter also mentions a demand about pest control, Kendrick said. The only thing that came to Eklund's mind, she told Kendrick, is a portion of the attic where rodent traps were set. Tenants haven't reported anything recently, she said.

In terms of trash pickup, Kendrick said, Eklund has always included weekly trash collection in the rent.

"These are examples of demands that require further discussion to see what the concern really is," she said. "A tenants union and the landlord should have a dialogue with each other and rectify some of these concerns."

Are there prospective buyers for Liberty Lodge?

In an email sent to the Times on Oct. 10, Housing Assistance Corporation CEO Alisa Magnotta said the nonprofit is in discussions with the owners of Liberty Lodge to purchase the property, but a deal hasn't been finalized.

"As part of our long-standing mission, we are always looking for properties that can become one of our permanent assets to serve residents of the Cape and Islands," Magnotta said.

According to Kendrick, Akkawi has been approached by several agencies and private parties regarding purchasing the property. None of the proposals, she said, include an offer to keep the current residents in place.

"The property was purchased specifically to help veterans in need of shelter. Help them get back on their feet and give them a sense of community," Kendrick said. "They are open to listening to any offers. They will not sell it to anyone unless there's a clear mission of helping the community."

The proposals also don't mention installing a fire safety sprinkler system, which is required to convert the motel into year-round, long-term housing, she said.

"For now, the focus remains to find alternative housing for the veterans that remain on the property," Kendrick said.

Activism gives veterans a sense of empowerment

Along with the formation of the tenants union, the group has also initiated a crowd-sharing campaign, which will help the tenants pay for an attorney and help raise awareness about what Liberty Lodge residents are going through, Pouliot said.

For Frizzell, whose lease ends in March 2024, it feels good to collaborate with other veterans and hold Akkawi and Eklund accountable, he said.

"At the beginning of all of this, I thought Carol was just overwhelmed — in over her head," said Frizzell. "It turns out she knew how to frighten the residents and maintain power over them. And we are sick of seeing people get (expletive) over. We are not going to quit."

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Sandwich residents at Liberty Lodge hope a tenants union can help them