(WSVN) - He deals with cerebral palsy, but when he had a flat tire, he needed help changing it, and while help was on the way, his apartment complex had his car towed. Is that legal? It’s why he turned to Help Me Howard with Patrick Fraser.
Marlowe has cerebral palsy
Marlowe Wallace: “Difficult. Have a good day and have bad days.”
The disease slows him down. But it certainly doesn’t stop him.
Marlowe Wallace: “I’m a concession stand work at a loanDepot park. I get to interact with, the customers and friends.”
Then in early February, Marlowe and a co-worker were driving home from work.
Marlowe Wallace: “Caught a flat tire coming from home. Half way home. Barely made it home on the flat tire.”
Two co-workers say they saw Marlowe pull into Lake Shore Apartments.
Marlowe Wallace: “We came in, both at the same time at night, and that’s it.”
Marlowe can’t change a tire.
Marlowe Wallace: “Because of my cerebral palsy is too difficult for me to to lift.”
A little over five hours later, at 6:30 a.m., Marlowe says he called AAA to come change his tire. But when he went downstairs to meet them, his car was gone.
The property manager had it towed .
Marlowe Wallace: “Oh, you had a flat tire for three straight days. That’s why your car was towed and my car was not with a flat tire for three straight days. It was only five hours.”
As Marlowe started arguing with the property manager over the phone, a neighbor was taping the conversation. We will stop it because Marlowe had what he calls a small seizure.
Marlowe Wallace: “When I get to stress and they build up a whole lot of stress, worrying about, trying to figure out what the next step for me to take. It triggered a small seizure.”
Marlow didn’t have the $190 to get his car from ASAP towing.
His neighbors, who are very close to him and nicknamed his car his legs, are fuming at what was been done to him.
Thalia Armbrister: “I want to do what’s right. And I’m standing up with him because it’s only right.”
Jeffrey Singletery: “But this is crazy. What you are going through.”
With the storage fees now added to the towing, it’s $1,100 to get his car from the lot.
Marlowe is desperate.
Marlowe Wallace: “I feel like, I’m being taken advantage of. I feel like I’m being discriminated for my disability.”
Well, Howard, was this tow illegal?
Howard Finkelstein, 7News legal expert: “Yes. Their lease says they can tow an inoperable vehicle. But you can drive a car with a flat tire so it is operable. Also, the landlord is obligated to enforce rules in good faith. It’s not good faith to tow someone’s car before the crack of dawn, meaning they have to return his car at no cost.”
We contacted Strategic Properties, which manages Lake Shore Apartments.
I asked them to return Marlowe’s car without any fees.
A rep wrote, “We were unaware that it was his car and followed the standard procedure outlined in the lease agreement.”
As you heard, Howard doesn’t think they did.
The company rep added they would look into the towing internally.
Strategic Properties then did the right thing and Marlowe’s Avenger was returned.
Marlowe Wallace: “We all was surprised to see it back. You always come through for people.”
Marlowe got what they call, his legs, back and was not charged the $1,100 fee. But his tire was still flat.
Between our photographer Johnnie Uzarek and myself, we changed the tire and jumped started the car since the battery was dead.
Marlowe had a smile again.
Marlowe Wallace: “Thank you very much for all your help. You truly are the blessing because I couldn’t have done this on my own.”
We got his car back and Johnnie and I got to change his tire for him. Not a bad day for all of us.
And I don’t know if it means anything, but the apartment complex signs show they have a new towing company.
Towing around a problem you cant resolve? Don’t store the problem and let headaches pile up and let us haul it away.
With this Help Me Howard, I’m Patrick Fraser, 7News.
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Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
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