{"id":2446509,"date":"2019-07-18T22:00:00","date_gmt":"2019-07-19T04:00:00","guid":{"rendered":"https:\/\/www.aspentimes.com\/news\/housing-board-kicks-aspen-woman-out-of-deed-restricted-condo-for-non-compliance\/"},"modified":"2019-07-19T14:33:04","modified_gmt":"2019-07-19T20:33:04","slug":"housing-board-kicks-aspen-woman-out-of-deed-restricted-condo-for-non-compliance","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/kspn\/local-news\/housing-board-kicks-aspen-woman-out-of-deed-restricted-condo-for-non-compliance\/","title":{"rendered":"Housing board kicks Aspen woman out of deed-restricted condo for non-compliance"},"content":{"rendered":"
\n
Aspen-Pitkin County Housing Authority Executive Director MIke Kosdrosky presents a cake to the agency’s board of directors on Wednesday, recognizing their volunteer time. Pictured clockwise are board members Valerie Forbes, Carson Schmitz, John Ward, Chris Council, Becky Gilbert and Rick Head. Schmitz, Ward and Head will join a new housing board next month that will include elected officials from the city and county.<\/strong>
Carolyn Sackariason\/The Aspen Times<\/em><\/figcaption><\/div>\n<\/figure>\n

After a somewhat heated exchange with the Aspen-Pitkin County Housing Authority board about whether she qualifies to live in her deed-restricted condo, Sonya Bolerjack was told this week that she must sell and move her family out of the unit because she failed to prove she works the required amount of hours in the community.<\/p>\n

It was a unanimous decision made Wednesday night by the all-volunteer citizen board, and one of the last before it disbands to make way for a revamped board with elected officials next month.<\/p>\n

The board determined that as a self-employed chef and chef\u2019s assistant, as well as a mother of two young children, Bolerjack did not provide adequate documentation, including key income statements such as invoices and payments from clients, to prove that she worked 1,500 hours a year in Pitkin County in 2018 and half of this year.<\/p>\n

One of the necessary requirements<\/a> to live in the deed-restricted unit is to maintain proper records to account for income and employment, said Bethany Spitz<\/a>, APCHA\u2019s compliance manager.<\/p>\n

Wednesday\u2019s hearing was a difficult one for both sides, with Bolerjack and her attorney, Gary Wright, asking the board to make an exception and give her the benefit of the doubt because she is a poor record keeper.<\/p>\n

\u201cBut that doesn\u2019t mean she didn\u2019t do the work,\u201d Wright said.<\/p>\n

Tom Smith, APCHA\u2019s attorney, said relying on Bolerjack\u2019s word isn\u2019t how the board works, which has to follow the letter of the law.<\/p>\n

\u201cYou see the dilemma that puts the board in?\u201d he asked Wright and Bolerjack.<\/p>\n

APCHA board member Chris Council questioned how Bolerjack could afford the three-bedroom unit based on the annual income she reported on her tax return.<\/p>\n

Bolerjack responded by saying some of her jobs are off the books.<\/p>\n

\u201cMaybe I don\u2019t put all of my cash into the IRS,\u201d she said.<\/p>\n

APCHA was made aware of Bolerjack\u2019s situation from an anonymous complaint made this past spring.<\/p>\n

Spitz sent Bolerjack a letter in April notifying her she was under investigation for not working full time in Pitkin County.<\/p>\n

APCHA had requested 2018 tax returns, W2s, recent paystubs showing hours worked and related income documents.<\/p>\n

Bolerjack provided APCHA with her 2018 federal tax return, W2s, six months of bank statements and an \u201chours worked\u201d report.<\/p>\n

APCHA then requested more information regarding the tax returns because there was no supporting documentation to substantiate income or hours worked.<\/p>\n

With no response from Bolerjack, APCHA issued a notice of violation on May 3 asking her to cure the situation by providing adequate employment documents.<\/p>\n

Bolerjack appealed<\/a> and requested a hearing in front of the APCHA board.<\/p>\n

Wright asked for an extension so Bolerjack could get her work documents in order.<\/p>\n

The board balked at the request, noting that she\u2019s already had more than three months to cure the violation.<\/p>\n

\u201cYou are asking the board to figure it out for you and that\u2019s inappropriate,\u201d said APCHA board member Valerie Forbes, adding there is a long list of qualified families needing housing.<\/p>\n

Bolerjack told the board that she works far more than the 1,500-hour requirement.<\/p>\n

\u201cI work crazy amounts \u2026 it\u2019s stressful,\u201d she said. \u201cI appreciate my house, I love my house and I would never put it in jeopardy.\u201d<\/p>\n

While Wright and Bolerjack appeared docile in Wednesday\u2019s hearing, Wright\u2019s initial approach to the matter didn\u2019t help his client\u2019s case with the board.<\/p>\n

\u201cI have concerns about the tone and tenor, which was extremely aggressive,\u201d Council said.<\/p>\n

Wright wrote to APCHA on May 17, scolding the agency for its practices and offered advice on what it should be focusing on.<\/p>\n

\u201cAPCHA\u2019s policy regarding anonymous reporting has become a weapon for frivolous complaints,\u201d Wright wrote. \u201cAPCHA needs to be proactive with issues such as the lack of adequate homeowners\u2019 reserves and the mismanagement and excessive charges by owners\u2019 associations.\u201d<\/p>\n

Spitz wrote a week later to Wright, explaining that further information is required to prove the employment requirements for his client.<\/p>\n

Four days later Wright responded, explaining why the information cannot or would not be shared with APCHA. He also threw a barb at Spitz.<\/p>\n

\u201cI share Sonya\u2019s frustration that it is not apparent to you that Sonya is and continues to be an individual that is qualified for her deed-restricted housing,\u201d he wrote. \u201cThe items you request suggest that you may lack the understanding or experience to accurately evaluate her situation.\u201d<\/p>\n

The next day, Smith responded by defending Spitz\u2019s competence in her job.<\/p>\n

\u201cI am surprised that you would resort to a personal attack on Ms. Spitz in defense of your client,\u201d Smith wrote. \u201cIn my experience, this tactic is usually employed to divert attention from the merits of the issue, or it may betray the weakness of your case.\u201d<\/p>\n

In a July 12 position statement, Wright again attacked APCHA\u2019s aggressive enforcement.<\/p>\n

\u201cThis case is the \u2018poster child\u2019 for everything that is wrong with the snitch system,\u201d he wrote. \u201cIt also suggests that perhaps the issue of due process before taking away someone\u2019s housing, needs improvement. \u2026 The snitch system is wrong. APCHA has extended the invitation to be used as a weapon against innocent homeowners such as Sonya.\u201d<\/p>\n

As the board was considering a 30-day extension for Bolerjack to produce adequate documentation, APCHA Executive Director Mike Kosdrosky interjected, and said this case is one of the most difficult he\u2019s seen in his almost five years on the job.<\/p>\n

\u201cThis has not been a cooperative investigation,\u201d he told the board. \u201cThere has been a lot of pushback and obfuscation.\u201d<\/p>\n

APCHA board chair Rick Head said decisions to kick someone out of their home are never easy, but the rules are the rules<\/a>.<\/p>\n

\u201cThe last thing we want to do is throw this young woman out of her house,\u201d he said. \u201cSorry, Sonya.\u201d<\/p>\n

csackariason@aspentimes.com<\/a><\/p>\n

via:: The Aspen Times<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Aspen-Pitkin County Housing Authority Executive Director MIke Kosdrosky presents a cake to the agency’s board of directors on Wednesday, recognizing their volunteer time. Pictured clockwise are board members Valerie Forbes, Carson Schmitz, John Ward, Chris Council, Becky Gilbert and Rick Head. Schmitz, Ward and Head will join a new housing board next month that will […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[49],"tags":[],"class_list":{"0":"post-2446509","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-local-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-06-21 15:02:00","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KSPN The Valley's Quality Rock","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/kspn","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2446509","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/comments?post=2446509"}],"version-history":[{"count":1,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2446509\/revisions"}],"predecessor-version":[{"id":2446539,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2446509\/revisions\/2446539"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/media?parent=2446509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/categories?post=2446509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/tags?post=2446509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}