Reversing a previous ruling, a U.S. Bankruptcy Court judge has refused to approve the sale of the federally subsidized Concord senior citizens apartment complex in Pasadena.
Judge William J. Lasarow said at the conclusion of a four-hour hearing this week that he lacks the authority and jurisdiction to order the federal Department of Housing and Urban Development to accept a $5.5-million offer made by the prospective buyer, SHB Financial Corp., a North Hollywood-based real estate investment firm.
HUD holds a $2.6-million mortgage on the property.
At a hearing last month, Lasarow had tentatively approved the sale, provided that all parties involved could agree on terms.
No Accord Between Parties
But no agreement was reached, and HUD officials, the city of Pasadena, Concord tenants and about 50 creditors of the Concord all filed arguments with the court opposing the sale.
Concord residents, fearful that new owners might raise their rents or evict them, expressed relief that the sale did not go through.
Clements Gordon, 77, a Concord resident who led opposition to an attempt to sell the building in 1982, said she is delighted with the decision.
"So many people are now protected because the judge didn't let it get into the hands of a for-profit group," Gordon said. "The building is still for sale, but they (future owners) will have to abide by HUD rules."
Another resident, Bob Belew, 91, said, "I'm very satisfied. It's settled now, and it was handled very well, I thought."
Lawyer Mark Young, who represents SHB, said his client probably will not appeal the ruling.
"This is not the only building in town that's available," Young said.
The 150-unit building at 275 Cordova St. is owned by the Concord Senior Housing Foundation, an organiza tion established to buy the property in 1979 by the Rev. William Steuart McBirnie, a Glendale minister who has since become embroiled in legal and financial trouble.
The housing foundation is part of a multimillion dollar network of church-related organizations McBirnie has built in Glendale since 1961, based on his charismatic presence and a nationally syndicated radio show on which he preached anti-communist sermons.
In recent years, however, McBirnie has run into trouble when former parishioners began suing him and his organizations, charging that he failed to repay loans. McBirnie has blamed his financial problems on bad investments and poor financial advice.
Within the past year, the housing foundation and three other groups with ties to McBirnie--Community Churches of America, California Graduate School of Theology and United Community Church in Glendale--have filed for reorganization under Chapter 11 of the U.S. Bankruptcy Code.
McBirnie has stepped down from most of his posts. In late April, citing ill health, McBirnie relinquished the pulpit he had held for 25 years at United Community Church.
Foundation attorneys say that profits from the sale of the Concord would have been used to reimburse creditors, many of whom are elderly Glendale residents.
Monday's decision will force the foundation to search for another buyer, delaying indefinitely any payment to those creditors.
However, according to lawyer Ben Logan who represents the Concord tenants, it will ensure that HUD maintains control over the housing project and continues to guarantee federal subsidies.
The housing agency has established the fair-market monthly rent at the Concord as between $316 and $386. Tenants pay about 30% of their income on a sliding scale, and HUD subsidizes the balance, if necessary.
Opposition to Sale
HUD had opposed the sale to SHB Financial Corp. because it said that federal housing laws call for the Concord to remain under nonprofit ownership.
HUD attorney Samuel Rothman also expressed concern about selling the building to SHB because he said its secretary-treasurer, Seymour Braverman, is a convicted felon who spent six months in prison in 1976 for engaging in a kickback scheme that involved HUD contracts to rehabilitate four low-income housing projects.
Rothman said Braverman has since been "rehabilitated" and allowed to resume doing business with HUD.
However, court documents filed by HUD this month stated: "Mr. Braverman's own personal background also leaves room for substantial doubt regarding the reliability of his covenants."