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Mulcahy can stay in APCHA unit during proceedings

CREDIT ASPEN PITKIN COUNTY HOUSING AUTHORITY

 An Aspen Pitkin Housing Authority unit may stay occupied by an allegedly non-compliant tenant for another year.

Burlingame homeowner Lee Mulcahy appealed a June ruling by district court judge Chris Seldon forcing him to sell his deed restricted home. This week, Judge Seldon granted a stay on that ruling – which allows Mulcahy to continue occupying the unit until the litigation process is over. APCHA executive director Mike Kosdrosky said Mulcahy is exercising his legal rights by appealing the eviction ruling, but he called the enforcement delay unfortunate.

“It prolongs a situation and a home that is clearly out of compliance, which could otherwise go to somebody that is playing by the rules and to a family that could really use it in this community,” Kosdrosky said.

In Seldon’s motion he wrote that Mulcahy does not have a strong likelihood of succeeding in his appeal, but that he would be irreparably harmed if he was forced to leave his home during the proceedings. Mulcahy wrote that he is truly humbled and grateful by the latest ruling.

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