Dive Brief:

• 52nd & Brooklyn LLC, the Seattle-based owner of the 97-unit Tullwood Apartments in Bellingham, Washington, has asked to join an ongoing lawsuit against the owner of a neighboring property, which is currently the site of a large encampment of people experiencing homelessness, according to local news outlet My Bellingham Now.
• The city of Bellingham filed the initial legal complaint against the property’s owner — Li-Ching Fang, a resident of Taiwan — in Whatcom County Superior Court on Feb. 23. The complaint concerns “ongoing violations associated with the encampment,” according to a statement from the city. 
• Tullwood’s property manager, Bellingham-based Landmark Real Estate Management, claimed in court documents that occupancy at the property has fallen 6% in the last year, and that some tenants who left did so due to health and safety concerns related to the encampment, according to My Bellingham Now. A motion hearing for Tullwood’s intervention request will be held on June 12.

Dive Insight:

The site, known colloquially as the “Walmart encampment” for its location behind the big-box store, covers approximately 20 acres. An estimated 60 to 80 people are regular occupants, according to My Bellingham Now.

“We understand the importance of public health and safety, and we are committed to upholding city regulations,” the city of Bellingham said in its statement. “The city has taken all reasonable steps to address the situation before resorting to legal action… We are committed to connecting people experiencing homelessness with available resources.”

In May 2023, Kimberly Huizenga, director of property management at Landmark, sent a letter to Fang and other owners of properties adjoining the Tullwood Apartments, according to the Cascadia Daily News. In the letter, Huizenga claimed that despite the presence of security personnel, residents of the encampment had damaged the property’s fence, broken into its community room and harassed tenants. 

At that time, Landmark sought to start a dialogue with the surrounding owners in the hope of joining forces and asking the city for aid. Landmark, which is not related to Atlanta-based Landmark Properties, declined to comment on the pending litigation. Fang did not respond to a request for comment.

Fang responded to the nuisance abatement action in a filing dated March 25, stating that she had contacted local police in April 2019 and December 2019 to provide warnings and arrest trespassers. She also contracted with an abatement company recommended by the city of Bellingham on March 1 “to perform abatement and decontamination of the Property.”  

The company hired by Fang, Bellingham-based Abatement & Decontamination Specialists, completed its initial assessment of the site in early May in cooperation with inspectors and county health employees, according to My Bellingham Now.

Fang’s response claims that she has “taken necessary measures to address the issues caused,” and that the city’s claim that she had taken no action is false. Fang has called for the case to be dismissed.