BY GEORGE HAVRANEK
In an effort to combat the
increasing number of absentee
landlord situations in our
community the following correspondence
was sent to our
Councilman, Assemblyman,
and Senator.
We are in dire need of help.
Our communities are confronted
with a wide range of
nuisance issues that infringe
upon quality of life. Late night
noises, maladaptive behaviors,
illegal certifi cate of occupancies,
parking deprivations,
neglected properties are
some items on the laundry list
of complaints. Unfortunately,
many of these issues are traced
to absentee landlord situations.
The NYC 311 system is not a
tool that addresses concerns
in an expeditious fashion. Recent
pandemic-related fi scal
issues, the prospect of defunding
the NYPD and other agencies
add to this dilemma. City
and State legislations come
with the authoritative powers
that resonate.
The following can shed light
upon our plight and the needs
for your advice, legislative
savvy, and expertise:
Research conducted in multiple
states showed undeniable
relationships between absentee
landlord ownerships and
neighborhood degradations.
Simply stated, absentee landlord
residences are more apt
to become neighborhood nuisances
than those that are
owner occupied. Multiple municipalities
including Reading,
PA, Buffalo, NY and Rochester,
NY enacted laws defi ning
landlord responsibilities to address
this troublesome problem.
These legislations hold
absentee landlords responsible
for property conditions and to
some extent the behavior of its
inhabitants. These necessary
actions bring transparency and
consequences into the absentee
landlord-community dynamic.
New York City has no such
laws. Well documented past experiences
with nuisance situations
on Clarence Avenue give
merit to legislative action. The
Clarence Avenue dwelling was
listed on various web sites for
short-term rental. The history
of maladaptive behaviors that
emanated from this nuisance
house is a stark example of investor
BRONX TIMES REPORTER,28 SEPTEMBER 4-10, 2020 BTR
greed before community
need. In recent months,
Spencer Estate Civic Association
helped amicably resolve
multiple absentee landlord
matters. Well-known contact
information propelled communications
that fostered
positive outcomes.
When a party is cloaked in
a shroud of secrecy, communication
becomes improbable.
Contact information, including
phone numbers for absentee
landlords, should not have the
acronymic shields provide by
LLP and LLC status. Estimates
indicate absentee landlords
own 20 percent of one to four
family dwellings in the Bronx
Community Board 10 footprint.
A recent analysis of a six-block
grid in the Spencer Estate footprint
supports that estimate.
Synapsis of mentioned
legislations:
• Reading, PA: Unanimously
adopted Bill 41-2017 requiring
any local property owner living
outside a twenty-fi ve mile
radius of the city to hire a local
property manager. The property
manager, free of fi nancial
obligation, is authorized
to make decisions related to
quality of life and emergency
issues directly related to
their premises.
• Buffalo, NY: Assemblywoman
Crystal People Stokes,
majority leader of NYS assembly,
Assemblyman Sean Ryan
and Senator Timothy Kennedy
all worked in concert to put
aggressive absentee landlord
legislations in place
• Rochester, NY: Mayor
Lovely Warren signed an
amendment to section 90-20
of the city municipality code
that mandated transparency
in the absentee -landlord
community dynamic.
It is understood there are demarcation
points between federal,
state, and city legislative
obligations; however, the
aforementioned measures required
both state and city support
to turn these motions
into actions.
Suggested Legislative
Actions:
1. Cease and desist status
should be granted to all one to
four family residences in NY
State. Cease and desist is a
regulation designed to protect
homeowners from unwanted
real estate solicitations by
telephone, mail, fl yers, door
to door, email, text message
or any other direct means. Despite
the desires of many communities,
only very select portions
of the Bronx, Queens
and Rockland counties are
covered under the cease and
desist regulation.
2. Contact numbers for
landlords or authorized agents
in absentee landlord situations
must be easily accessed
public record.
3. Absentee landlords must
adhere to local municipal ordinances,
adequately maintain
their properties and in
the event of nuisance issues or
emergencies be readily available
or designate an agent to
legally act in their stead. Noncompliant
absentee landlords
should be subjected to
punitive measures including
but not limited to incidence
escalated fi nes.
These rudimentary legislative
suggestions are templates
for actions that can help our
communities address absentee
landlord related nuisance
issues. Thanks in advance for
your anticipated efforts. Looking
forward to your response.
Best Wishes,
George Havranek
CIVIC CENTER
Spencer Estate Civic
Association
James E. MaQuade, Owner
Family Owned & Operated for over 60 years
3535 East Tremont Avenue
Bronx, New York
718-792-0270
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