The New York Post is reporting that the compound built in Pakistan that housed Osama Bin Laden deviated from the building plans on file. It was supposed to be a 2 story building but ended up with 3. An extra building not on the plans also was constructed. The Post says Bin Laden never paid property taxes. It also reported that:
The oversights were no surprise to locals, who say Abbottabad’s building inspectors never bother to check whether homes are built in line with their building permits.
I keep saying that strict code enforcement can aid law enforcement. You just never know what you’ll find when you pursue these cases.
It’s always sad to read about building inspectors who get caught up in the criminal justice system because they commit criminal acts. Los Angeles has a scandal going on because 2 building inspectors were arrested on suspicion of accepting bribes. The Los Angeles Times reports that 2 inspectors accepted $9,000 and $6,000 each from an undercover informant. The informant said that in some cases payment was the only way to avoid delays and to pass inspections. According to court documents, inspectors never even looked at the properties many times. More developments are expected because the informant said that the corruption was systemic.
When an inspector accepts a bribe, it raises the issue as to whether these properties contain dangerous conditions due to this type of corruption. Unfortunately, honest inspectors suffer a loss of respect in the eyes of the public due to this criminal activity.
Should lenders allow buyers to purchase a foreclosed building for less than what the lender can get for the property so the buyer has enough money left over to fix it up? That’s the question posed in an article in the Wall Street Journal, Tenants Turn to Lenders to Repair Buildings. Some housing groups are pressuring lenders to do this because it does no good for a building to change hands if the new owner can’t bring the property up to code. It’s a novel approach to the problem of deteriorating properties.
Japan has suffered terribly from the recent earthquake but we will never know how many lives were saved because of the stringent building codes in that country. Unfortunately, not all countries have learned the lesson that if you live in an earthquake prone area, you should obey the local building code. In Quetta, Pakistan builders have been violating the local law by building tall buildings and complexes in violation of a court order. The city has no central building code authority and uses a building code established by Britain after 1935 and 1937 earthquakes. The city was near an earthquake in 2008 that resulted is many lives being lost.
One of the most difficult situations I deal with as a prosecutor is trying to find someone to take responsibility for a property where it is in foreclosure, the owners have abandoned the building and the lender fails or refuses to complete the foreclosure process. Some nonprofit organizations are stepping in under those circumstances and using state laws on abandoned properties to take them over, fix them up and then sell them. One such organization is featured in an article in the Huffington Post. Unfortunately, in some states, the waiting period for action is lengthy. While the clock is running, the property continues to deteriorate. It is shocking to me that legislatures fail to address the problems these derelict properties create for communities and local government. Far too often state law protects lenders from having to take possession of these properties and maintain them prior to the foreclosure judgment even though the owners are no longer around and the mortgage document gives the lender the right to ask for possession. These nonprofits that take on this difficult task should be applauded for their efforts but there aren’t enough of them to make a dent in this horrendous problem.
The New York Times has a story about a new website that tracks slum landlords in New York city. Tenants can find out about any landlord’s portfolio by clicking a link, “NYC’s worst landlords,” on the apartment search pages on Craigslist. Bill de Blasio, who is a public advocate in New York has launched NYC’s Worst Landlord Watchlist. The list will track irresponsible landlords and enable tenants to report bad landlords. Sometimes we underestimate the power of bad publicity. In one set of cases I was involved in, the municipality issued press releases directed to the hometown newspaper of landlords who were renting without a license because of code violations in their buildings. Nobody likes to see themselves in the local police blotter. I was surprised how quickly some tenants received attention once names got in the newspaper and embarassed the negligent owners.
Is your city included in this list: http://www.huffingtonpost.com/2011/03/30/foreclosures-ghost-towns_n_840663.html#s259246&title=Cleveland_Ohio ? It shows us that the crisis is not behind us yet and we’re going to continue to have problems for a long time. If you have a similar situation, let me know how you’re coping with it.
I was recently contacted by someone who is gathering data on the housing market with a special interest in the health of condominium associations. He was concerned that many of them, especially those that are recent conversions, are struggling financially as more and more units are subject to foreclosure. This raises problems for inspectors. If an association falls apart. who is responsible for common area problems? I’ve had this situation happen a number of times, especially with fire code problems and building code violations. The first question that needs to be answered is how is title held regarding the common area in a condominium development? In some developments the title is held by the condo association but in others, each unit owner owns an undivided share of the common area. After that question is answered, the next one is: what does the declaration of condominium say about who or what is responsible for the upkeep and repair of the common area? Typically the association is responsible. If the association owns the common area and is responsible for its upkeep, the answer is easy. I tell the inspector to notify and cite the association if necessary. I’ve known some jurisdictions that have even helped associations get reinstated that had lapsed. However, if the common area is owned by the individual unit owners, it gets trickier. If the association is responsible for the upkeep under the declaration, then it is in control of the property and is considered an “owner” under the IPMC. However, if the association doesn’t exist, who does the inspector pursue? In that case, all of the owners are responsible and should be notified and cited if necessary. This can be a huge undertaking in a large condo complex. Sometimes following this procedure stirs up the unit owners enough to form a working condo association. It’s far easier dealing with one entity than multiple owners and the local jurisdiction should encourage the owners to follow the condominium declaration and form a viable association.
No better case can be made for rental inspections than when a terrible fire happens. In San Bernadino, California, 26 dwelling units were destroyed in a fire. When inspectors went back to check out the remaining units, over 50 code violations were found including exposed wires and other electrical problems. There were also building code violations including illegal construction and property maintenance issues. Yearly inspections uncover these problems before they become troublesome. It’s fashionable to rail against government intrusion and landlords convince their tenants they shouldn’t cooperate with building inspectors but this is an area where we know people will die if they don’t have an outside party advocating for their safety. It’s all about saving lives.
Access to building permit information has taken an impressive step forward in New York City. DNAinfo.com reports that people with a smart phone can scan a building permit at a site and have access to a variety of information:
“Anyone passing by who wants to know more about a project will be able to scan the QR code with a smart phone and learn about the property owner, the scope of work and any complaints or violations related to that project,” said Mayor Michael Bloomberg, who tested the technology for himself using a permit tacked to the door of 25 Broad Street.
It’ll probably be a chance for most people to play with their phones but the app might reduce calls to the building department in certain situations.
