NEWPORT NEWS, Va. – In a 10-page court document, Seaview Lofts landlord Ben Weinstein claims the federal civil suit against him is full of speculation and is heavily exaggerated.
In the complaint filed on December 14, Weinstein argues the allegations against him are not enough to legally prove some of the tenants were dealing with housing discrimination.
Leonard Bennett, the lawyer representing the 77 tenants who filed the suit, said the motion to dismiss the case was expected.
“We will file our opposition to that in a couple of weeks when it's due,” said Bennett of Consumer Litigation Associates. “The defendant will file another brief back and the court will hear arguments to decide if we need to amend the complaint to add more factual allegation.”
On July 1, tenants were given only 48 hours to pack up and leave after the building failed several code violations and it was deemed unsafe.
The tenants claim the design of the building was not adequate for handicapped individuals, pointing to the many times the elevators were not working.
In the complaint, Weinstein claims Seaview Lofts was built in 1973 and certain requirements of the Fair Housing Act (FHA) only apply to buildings that opened in March 1991 and later.
Bennett said that’s only one basis of the discrimination allegations.
“When a building is very old, it is not subject to some of the same design requirements as a newer building and there are limitations on that,” Bennett said. “That’s all part of the litigation that we’re engaged in.”
Last month, a judge said Seaview Lofts is still not up to code.
Tuesday, the building’s super told News 3’s Antoinette DelBel that both elevators have now been fixed.
Weinstein’s legal team, David, Kamp & Frank, LLC, sent a statement Tuesday evening that read:
"A Motion to Dismiss was filed to meet the court’s deadline for such motions. It is now the plaintiffs’ opportunity to respond to the motion, and the litigation will continue along the court’s schedule. We continue to engage in settlement efforts with the plaintiffs, and it is perfectly normal for settlement negotiations to occur while a case moves through the litigation process. We remain hopeful that a settlement can be reached."
Meantime, the building’s super said it could be some time before they let families back in as they start a total remodel of the apartment complex.
Weinstein is facing another civil suit in state court. Bennett said they’re a long way from reaching a settlement.
