There’s more to the Mulcahy story | AspenTimes.com
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There’s more to the Mulcahy story

I am the Mulcahy family attorney. There are some important aspects of the Mulcahys’ case that have been lost in the local media coverage. These aspects impact not only the Mulcahys, but all residents in Pitkin County subject to Aspen-Pitkin County Housing Authority administrative guidelines and oversight.

In Lee’s case, there is no dispute that significant procedural violations occurred both at APCHA’s administrative enforcement level and, later, in state court when APCHA brought its lawsuit to force Lee to sell his home.

In dealing with Lee, APCHA violated its own regulations, prematurely accelerated the notice of violation and issued the notice of violation only 39 days into the 60-day waiting period. Lee has always maintained he was not in violation of APCHA’s regulations.



APCHA then brought a lawsuit in state court to enforce APCHA’s final judgment and to obtain an order directing Lee to sell his home. However, two months before filing the state court lawsuit, APCHA amended its guidelines to remove any evidence of the 60-day waiting period requirement.

In state court, APCHA’s procedural irregularities continued.



Regardless of public opinion of Lee, the procedural violations that occurred in his case are serious ones that impact any citizens facing a potential regulatory action from APCHA. Lee’s case sets a worrisome precedent. As it stands right now, his case effectively sets the precedent that APCHA can violate its own regulations, then sue people in state court to enforce those improper actions, then disregard all of its procedural obligations in state court and still obtain an enforceable judgment depriving people of house and home.

It has been an uphill battle, but Lee has been fighting not only for his rights but also to ensure APCHA is held accountable and that these same violations do not occur to other APCHA residents.

J.D. Porter

Denver


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