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County Executive calls landlord demands in wake of deadly fire 'outrageous'

Montgomery County Executive Marc Elrich said he sides with Silver Spring high-rise fire survivors who are resisting signing legal waivers to get possessions back.

SILVER SPRING, Md. — Montgomery County’s Executive is pushing back on what he calls "outrageous" demands being made by the landlord where a woman died in a high-rise fire last month.

Survivors say Trinity Property Consultants is barring them from retrieving possessions from the Arrive Silver Spring building on Georgia Avenue that burned Feb. 18 unless they sign a waiver releasing the company from liability.

Angry fire survivors like Em Espy say they feel their possessions are being "held hostage."

Espy and her partner said they’re considering legal action because alarms did not sound in time for them or 25-year old Melanie Diaz to get out safely during the 3-alarm fire.

Diaz died and 20 others were taken to hospitals.

Wednesday, Montgomery County Executive Marc Elrich said he supports the tenants.

"Trying to force people to sign a waiver to get their own stuff back is totally wrong and I don’t know how they can legally keep people out of their apartments to do that. They have leases on the property," Elrich said.

"We're asking our attorney how this is legally possible. We have concerns about the legality of this and I will continue to follow up to find a way for people to get access to the building without signing a waiver," Elrich added.

But Elrich also said the county has not crafted a solution yet. He’s advising tenants to get their own attorneys.

Espy said that has proven easier said than done because the prospect for successfully suing Trinity, an affiliate of a $40 billion real estate investment company, is daunting.

Espy said legal assistance from the county would be welcome.

Trinity has issued a statement saying there could be unknown hazards in the burned out parts of the building “and tenants must be made aware of the potential health impacts and risks.”

Elrich urged lawmakers in Annapolis to pass legislation named for Melanie Diaz that would require landlords to upgrade smoke detection and alarm systems as soon as possible, and set 2033 as a date for sprinklers to be installed in older high rises like Arrive Silver Spring, which was build before modern fire protection codes were in effect.

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