Number of tenants at group home restricted

Jennifer Kho

COSTA MESA -- No new tenants will be allowed to move into an Orange

Avenue group home until a civil lawsuit filed by the city against the

home is resolved, a judge ruled this week.

The home will not be required to release names of its tenants, but

will be required to submit monthly reports to the city with the number of

tenants it is serving, Civil Commissioner Jane Myers said.

“The court doesn’t want to get involved in enforcement of this and

doesn’t want to know the names,” she said.

After dropping criminal charges filed in August, the city in early

October filed a civil lawsuit to reduce the number of residents in the

home to 12.

The city alleges the home violates city codes that prohibit more than

six people from living in a residential service facility. Since the

Orange House consists of two homes, at 1976 and 1978 Orange Ave., it can

have 12 residents, said Jeffrey Goldfarb, attorney for the city.

Clifford Roberts, attorney for Orange House owners Tracy and Robert

Tameny, said the house is not a residential service facility, but a

sober-living facility not bound by the limit and unmentioned in city

codes.

Myers three weeks ago imposed a temporary injunction prohibiting the

Coastal Recovery Living LLC home, also known as the Orange House, from

accepting new tenants.

The preliminary injunction Myers ordered Thursday is more permanent

and could last until the home is sold, Roberts said.

Roger Davis, a Coldwell Banker employee, said the house at 1976 Orange

Ave. has eight bedrooms and the one at 1978 has four bedrooms. Both

houses are up for sale for $649,900 and $420,000, respectively.

Myers’ decision was a partial victory for the Tamenys, although they

might appeal it, Roberts said.

“I think the judge obviously did not agree with the city’s position

that [the Orange House] should be reduced to six tenants,” he said. “She

is not having people thrown out. The attorney made a reasonable ruling.

We disagree with part of it and will probably appeal. But the property is

listed for sale at an attractive price and I trust it will be sold before

[the injunction] becomes an issue.”

Goldfarb said the decision should bring the number of Orange House

residents down to 12 “in short order,” since four residents have left the

home since the temporary injunction went into effect three weeks ago.

“The court recognized [the Orange House] is violating code and the

court recognized the law does need to be enforced,” he said. “[The

decision] is appropriate. The city is not trying to close [the Orange

House] down, it just wants them to comply with the law.”

A trial date has not yet been set.