| Releases & Statements
Bronx Boy’s Death Last Straw in City’s Inability to Protect Tenants from Negligent Landlords
(New York, NY, August 9, 2002) – Responding to Tuesday’s fire that killed an 8-year-old Bronx boy, Public Advocate Betsy Gotbaum is calling for the city to increase its ability to take over management of buildings where landlords have been continually cited for breaking the law. The fire may have been caused by a faulty electrical system. The Department of Housing and Preservation (HPD) has investigated and issued violations for electrical problems in the building in the past and residents recently complained to the HPD and Con Ed about electrical problems.
“The building has almost 400 violations. The system that is supposed to protect our residents failed. Despite all those violations, the landlord was never forced to repair the dangerous conditions. We must do more to protect our residents,” said Gotbaum.
The Public Advocate believes that when buildings are in an extreme state of disrepair, HPD should aggressively seek to take over management of buildings and that the Housing Court should use its authority to grant such requests. In less extreme cases, the Housing Court should use its contempt power to force landlords to make necessary repairs.
In the case of this privately owned building at 3569 Decalb Ave, HPD filed an article 7a petition in an attempt to take over the management of the building, where conditions were “dangerous to the tenants’ life, health and safety.” HPD’s May 2001 petition was denied by a Bronx Housing Court judge who simply gave the landlord another chance to make repairs.
“At what point does it become gross negligence? When a precious life is taken?” asked Gotbaum. “We need to have more authority to step in to fix a building where residents’ lives are in danger.”
Interestingly, HPD does have authority to make emergency repairs. For example, landlords get a 24 hour warning from HPD to restore heat and hot water. Afterward HPD is authorized to repair the problem and bill the landlord. If the landlord does not pay the bill, a lien is put on the property.
“It’s great that we can step in and provide people with heat and hot water, but we must be able to do more to protect our residents,” said Gotbaum.
Housing Court was created in 1973 and its judges were granted ample authority to enforce the building code. However, some have criticized them for being too lenient with the landlords. “Fifteen months ago, after multiple violations handed out over 20 years, the Housing Court gave this landlord more time to make repairs. Is the Housing Court hesitating to use its authority to ensure safe conditions for residents?” continued Gotbaum.
The Public Advocate’s office frequently receives complaints about housing safety and health problems through its Ombudsman Service Unit, which advocates for people who have problems obtaining access to government services. Recently, elderly people called to complain that their landlord had failed to repair an elevator that had been broken for several months. Repeated calls by the residents to the Department of Buildings had resulted in little more than a stream of citations. The Public Advocate was able to get the landlord to fix the elevator. “I’m glad my office was able to help. That is part of the reason why the office exists,” said Gotbaum. “But my other mission is to uncover systemic problems in city government. Our inability to protect tenants from negligent landlords is a chronic problem in New York and we must do something to resolve it.”
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