Friday, November 30, 2012

☞ QUESTION: Are Shell Owner's Accountable?

A Bespoke reader who lives in Central Harlem sent in the below question about dealing with negligent brownstone shell owners on the block.  Any advice out there?

I moved onto the block 10 years ago and the entire time the brownstone two doors down from me has been uninhabited. The owner has made no effort to maintain it or the sidewalks. It is used as a dumping ground and urinal by passersby, and often reeks offensively. It is crawling with rats and other varmints. I'm attaching some photos so you can get a sense of how it normally looks. She has received thousands of dollars worth of sanitation tickets but they have not made an iota of difference.

My question is what recourse do we have in such an instance? I know other cities have blight laws, but we don't seem to have that here. The owner's unwillingness to maintain her property is affecting rest of us who must deal with the stench and garbage and the slippery sidewalks when she doesn't shovel or salt in the wintertime. We have written letters to the mayor's office and have had no response. Any advice would be greatly appreciated.

*Above photo is not the the property in question but a typical shell found on some blocks.

27 comments:

  1. Potentially, yes.
    Midblock townhouses in the Harlem area were originally developed in sets over several lots by single original architects-builders.
    To protect the quality of life in midblocks, may such developers adopted covenants which regulate all buildings. In many respects, the benefits and burdens of such provisions can be enforced between each property owner.
    These land agreements and the covenants often provide the equivalent common protections which are found in co-op and/or condo rules.

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    1. There are no covenants in place in Harlem. But City regs cover everything that's of convern - but the issue is the landlord is doing nothing despite the City repeatedly fining him/her for violations

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  2. Hope.someone has the answer. We've several on my block. Like bad teeth waiting to take down. . .

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  3. Yes they should be accountable, to at least maintain the property and the safety of the area they own.

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  4. Absolutely! Neglected shells are a safety hazard. In many neighborhoods they are used to facilitate drug deals or other illegal activity. Their presence seeps value out of neighboring brownstones and are a fire/flood hazard to its immediate neighbors. I don't understand why the city allows owners to neglect shells for years!

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    1. Because it is a cash cow for the city, see my post below.

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  5. If thousands of dollars of sanitation tickets aren't making a difference, get the community association involved (e.g. MMPCIA if they're in Mount Morris Park). Unfortunately, it's a long, difficult, and frustrating process

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  6. This might apply to landmark buildings only but it's an interesting read and might give you some leads on who to contact

    http://www.citylandnyc.org/landmarks%E2%80%99-deputy-counsel-john-weiss-on-combating-demolition-by-neglect/

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  7. OMG!!!! @ It is crawling with rats and other varmints. Do they find their way into your home?

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  8. I am just wondering if anyone making these comments actually own any property in Harlem.
    I do believe that the property owner should have a super hired to have the front of the property well maintained in order to avoid violations.
    Please keep in mind that to fix up a townhouse like that will cost about $250-300 per sq ft and everyone might not have the funds.

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    1. I don't own property in Harlem, but I do own property.

      Anyway, if they don't have any funds to fix it up, then they should sell it. It only makes THAT block look bad.
      While they live else where, and THEIR block looks nice and is safe/well kept. The city should put something in place to deal with these issues.

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    2. Yes, some of us own property - even brownstones similar to the one shown. Supers are not required for buildings of that size and condition, but they are still required to keep the place neat, safe and rat-free. The issue is that despite thousands in fines, the owner just can't be bothered to follow the law. The only recourse is to escalate the issue and strong community groups like MMPCIA often ones who have the political connections and clout to make things happen - but even for them it's not easy.

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    3. Absolutely I own my brownstone and two doors up are two identical buildings that are decayed. One has had its windows cemented. The other has not. The owner[s] pay someone to clean the frontage but then stop paying. And on and on.

      Unfortunately many brownstones have convoluted, multigenerational ownership that make matters even worse

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  9. If you cannot afford the upkeep, it is time for you to sell the home.
    Yes, I own property in Harlem. It is expensive, and I work very hard to make sure I can afford to do it. The minute I can no longer afford it, I will sell it.

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  10. I think as the prices keep climbing up every townhouse in Harlem will be renovated. As far as the city goes they should be more involved in keeping the crime down. As long as the City keeps a tight leash on the crime situation the property values will soar and you wont see any of these shells in Harlem anymore. The City should concentrate more on the buildings they own as they are in worse shape than most of the privately owned buildings through out the city

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  11. There is honestly nothing you can do. The fines mean absolutely nothing unless they try and sell.
    Unless they city decided it is unstable they can't really do anything as long as the owners pay the 20 dollars tax bill.
    We had a similar experience on my block. The lack of maintenance was actually causing damage to the buildings on either side. Next the cornice came crashing down. My block association tried in vain for months to contact the owner but ultimately they had to pay to fix it themselves.

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  12. These buildings do not help crime as they are a magnet for substance abusers and its corrosive effect on the neighborhood.

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  13. The situation can be helped by demanding HPD brick up the lower entrances thus securing the building, the plywood does not keep the usual suspects out but cement blocks do. It will however require massive telephone and writing campaign to get the morons at HPD to do anything. Also, if you harass the local precinct every time you see people coming and going, the local cops will get tired of dealing with the building over and over and that may help get it sealed up.

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  14. I think the City benefits from this situation, the City’s only response is repeated fines which they know do absolutely nothing. Eventually over a long period the fines accumulate to six figures which is like money in the bank for the city. The building will be auctioned to cover the fines. The only winner is the City and the auction buyer. The losers are the tax paying neighbors who have to suffer through this long and miserable process.

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    1. oh really, buying a fixer upper on auction just to cover the fines?? tell me more about these auctions!

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  15. The city does not take properties for unpaid fines. When we purchased our home it had fines from the 70's. The only way they can take it is if you didn't pay your taxes.
    I'm surprised your block association hasn't blocked this up yet. Its not that expensive and a lot faster then waiting for the city to help.If you see rats call the city and keep calling them. The same thing with the police. It also helps if you go down to your precinct. Which is actually something I would recommend anyone moving to Harlem do.They want to help you and will appreciate your help in locating known drug houses.This happened on my block too. You also need to go to your block association meetings. As for the Mayors, seriously? You have to start much much lower.

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  16. We just went through something similar in central harlem. Every single day for one month I posted on the 311 website, 3 complaints: unsafe building (i.e. the cornice is falling), rodent sighting and combustible garbage. I would follow up with calls to 311 at least once per week with the same complaints. The DOB suggested that we call the community association but we never did. Alas!! The city paid a contractor to not only board up the windows but to remove the garbage. You need to very persistent. Good luck.

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    1. Good job, and an example to other residents on what to do.

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    2. And the bill for the contractor will be added to the home owners tab for collection when the building is finally repossessed. This will accelerate the repossession process.

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  17. Thank you all for the advice and comments. It does seem very short-sighted that NYC does not have blight laws. The onus must be on the homeowner to maintain their property and if they are unable to do so, then they should be forced to sell. As a homeowner, you have a responsibility to the neighborhood and to the community.

    In an almost unbelievable coincidence, I just found out yesterday that the shell has been sold - for $725,000!

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