City Considering Fund To Forestall Evictions - tribunedigital-mcall
City Considering Fund To Forestall Evictions
May 01, 1985|by DAN HARTZELL, The Morning Call
Bethlehem will try to improve housing eviction procedures, hoping to ensure the safety of low-income renters and better motivate landlords to correct code violations.
Administrators outlined a plan for council's consideration at a combined meeting of four separate council committees last night. The condemnation recommendations were aimed essentially at the human resources and environment panel.
Community Development Director James McCarthy explained that a previous problem with evictions when homes are condemned as unfit for human habitation has been worsened by changes in federal regulations. Previously, when the city evicted tenants from such housing, the Bethlehem Housing Authority placed the people at the top of the waiting list for subsidized housing.
But a recent U.S. Department of Housing and Urban Development policy order forbids that procedure, said Health Director Glen Cooper. McCarthy said the change occurred in the fall.
This places the city in a tough position, Cooper said. It is difficult to condemn a building as unsafe and allow people to remain there. Assistant City Solicitor Kevin Kelleher said to do so could expose the city to the risk of liability. But to evict mostly low-income people without places to go is not the solution either, council members agreed.
What the administration proposes is establishing an escrow fund of approximately $10,000, through which the city could effect repairs by hiring contractors when the landlord refuses to do so. Officials noted that, basically, the same few property owners - the term "slum landlords" was mentioned - are repeated offenders in such matters. Officials are anxious to find a means of dealing effectively with them.
McCarthy said the city could either place a lien on the property where repairs were made or sue the property owner to recover the money and add a 30- percent penalty to the cost of the repairs. The current Building Officials and Code Administrators (BOCA) International regulations allow for such a procedure, but apply only a 10-percent penalty, McCarhty said.
The administration recommended that council only study this proposal for now, as the city is currently involved as a co-defendant in pending eviction litigation, McCarthy said. Kelleher said to implement such a program now could be wrongly construed as an admission of guilt in the case.
Committee Chairman James Delgrosso had concerns about the plan and recommended alternatives be considered. He said the procedure could result in improvements to private property at taxpayers' expense and that difficulties could be encountered in recouping the money.
The only committee action taken last night was to increase the 10-percent penalty in the BOCA regulations to 30 percent. McCarthy said the pending case is expected to be heard in the fall.
In matters undertaken by the community development committee, an update of theBOCA regulations covering basic building, plumbing and electrical codes were recommended for adoption by the city.
In a related matter, council asked the administration to investigate and report on the permit procedures in these areas, as field inspectors complained that sometimes work goes ahead prior to the issuance of permits, among other problems. Several council members pointed out that the city has found in the past that citing developers for taking such liberties often results in such light penalties by the courts as to belittle the city's effort.
The committee transferred to the finance panel, without recommendation, a request from Sayre Child Center for $6,250 in 1985 community development block grant funds for additional repairs to its Hamilton School building to bring the structure up to codes. The center received $3,250 in such funds earlier this year.
A request for $15,000 in the same federal funding for air conditioning in the offices of Community Services for Children, on E. Locust Street, was not recommended for funding. Council members felt the improvement would aid primarily the office staff and not the children from low- and moderate-income homes served by the program.
The finance committee recommended allowing the police department to apply for an $11,225 federal grant to purchase new alcohol-detecting breath analysis devices, since the city's existing units have been judged inadequate.
Police Commissioner Joseph Moyer said the state attorney general notified the department in March that the city's type of machine could no longer be used, because of questions about its reliability. The city must supply 25 percent of the total $15,000 cost of the new units, and $3,700 would be transfered from a contingency account to meet that need, if the grant is secured. Moyer said the state police are allowing the city to use their machines until the new ones are obtained.
The public safety committee made two additions to the membership list of approved towing and storage garages, adding Austin's Auto Service and Beller's Amoco to replace the outgoing Nagy Bros. and Car Village. All are in the city. Delgrosso asked that garages on the Bethlehem Towing Association's waiting list for membership be supplied to council, as complaints have been made that the towing association excludes legitimate operators without justification and instead favors "friendly" operators.
The towing association arranges for towing services to be available to the police department at all times.
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City Considering Fund To Forestall Evictions - tribunedigital-mcall
City Considering Fund To Forestall Evictions
May 01, 1985|by DAN HARTZELL, The Morning Call
Bethlehem will try to improve housing eviction procedures, hoping to ensure the safety of low-income renters and better motivate landlords to correct code violations.
Administrators outlined a plan for council's consideration at a combined meeting of four separate council committees last night. The condemnation recommendations were aimed essentially at the human resources and environment panel.
Community Development Director James McCarthy explained that a previous problem with evictions when homes are condemned as unfit for human habitation has been worsened by changes in federal regulations. Previously, when the city evicted tenants from such housing, the Bethlehem Housing Authority placed the people at the top of the waiting list for subsidized housing.
But a recent U.S. Department of Housing and Urban Development policy order forbids that procedure, said Health Director Glen Cooper. McCarthy said the change occurred in the fall.
This places the city in a tough position, Cooper said. It is difficult to condemn a building as unsafe and allow people to remain there. Assistant City Solicitor Kevin Kelleher said to do so could expose the city to the risk of liability. But to evict mostly low-income people without places to go is not the solution either, council members agreed.
What the administration proposes is establishing an escrow fund of approximately $10,000, through which the city could effect repairs by hiring contractors when the landlord refuses to do so. Officials noted that, basically, the same few property owners - the term "slum landlords" was mentioned - are repeated offenders in such matters. Officials are anxious to find a means of dealing effectively with them.
McCarthy said the city could either place a lien on the property where repairs were made or sue the property owner to recover the money and add a 30- percent penalty to the cost of the repairs. The current Building Officials and Code Administrators (BOCA) International regulations allow for such a procedure, but apply only a 10-percent penalty, McCarhty said.
The administration recommended that council only study this proposal for now, as the city is currently involved as a co-defendant in pending eviction litigation, McCarthy said. Kelleher said to implement such a program now could be wrongly construed as an admission of guilt in the case.
Committee Chairman James Delgrosso had concerns about the plan and recommended alternatives be considered. He said the procedure could result in improvements to private property at taxpayers' expense and that difficulties could be encountered in recouping the money.
The only committee action taken last night was to increase the 10-percent penalty in th
e BOCA regulations to 30 percent. McCarthy said the pending case is expected to be heard in the fall.
In matters undertaken by the community development committee, an update of theBOCA regulations covering basic building, plumbing and electrical codes were recommended for adoption by the city.
In a related matter, council asked the administration to investigate and report on the permit procedures in these areas, as field inspectors complained that sometimes work goes ahead prior to the issuance of permits, among other problems. Several council members pointed out that the city has found in the past that citing developers for taking such liberties often results in such light penalties by the courts as to belittle the city's effort.
The committee transferred to the finance panel, without recommendation, a request from Sayre Child Center for $6,250 in 1985 community development block grant funds for additional repairs to its Hamilton School building to bring the structure up to codes. The center received $3,250 in such funds earlier this year.
A request for $15,000 in the same federal funding for air conditioning in the offices of Community Services for Children, on E. Locust Street, was not recommended for funding. Council members felt the improvement would aid primarily the office staff and not the children from low- and moderate-income homes served by the program.
The finance committee recommended allowing the police department to apply for an $11,225 federal grant to purchase new alcohol-detecting breath analysis devices, since the city's existing units have been judged inadequate.
Police Commissioner Joseph Moyer said the state attorney general notified the department in March that the city's type of machine could no longer be used, because of questions about its reliability. The city must supply 25 percent of the total $15,000 cost of the new units, and $3,700 would be transfered from a contingency account to meet that need, if the grant is secured. Moyer said the state police are allowing the city to use their machines until the new ones are obtained.
The public safety committee made two additions to the membership list of approved towing and storage garages, adding Austin's Auto Service and Beller's Amoco to replace the outgoing Nagy Bros. and Car Village. All are in the city. Delgrosso asked that garages on the Bethlehem Towing Association's waiting list for membership be supplied to council, as complaints have been made that the towing association excludes legitimate operators without justification and instead favors "friendly" operators.
The towing association arranges for towing services to be available to the police department at all times.
Coalition Warns Of Evictions From Low-income Apartments
Landlords May Pay License Fee * Allentown Council Could...
Landlord Licensing Discussed * Allentown Hears It Would...