Mitigating Danger: Combating Predatory Land Contracts and the Risk of Neighborhood Blight
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1 Mitigating Danger: Combating Predatory Land Contracts and the Risk of Neighborhood Blight Jason Warner Greater Ohio Policy Center Lisa Nelson Federal Reserve Bank of Cleveland Erica Faaborg City of Cincinnati Law Department Ian Beniston Youngstown Neighborhood Development Corp. Ohio Land Bank Conference October 23, 2018
2 Litigating Land Sale Contracts: A Tale of Two Lawsuits Erica Faaborg, City of Cincinnati Law Department (erica.faaborg@cincinnati-oh.gov)
3 Background: Quality of Life Division Formed in 2014 Mission: to improve the Quality of Life of citizens by achieving code compliance through affirmative litigation Focus on top offenders of building and health codes Strategy: Ohio Nuisance Statute (ORC ), combined with Collections claims
4 Litigation Tools Receiverships (ORC 2735; ORC ) - Protection of financial interest - Nuisance Abatement Judgments/Collections claims - Liens - Foreclosures
5 Land Sale Contracts in Cincinnati 2016: Toxic Transactions published by NCLC - Land sale contracts historically problematic - New wave of purveyors utilizing foreclosure crisis to increase profits NYT coverage - Spotlight on Ohio as market for land sale contracts
6 Land Sale Contracts in Cincinnati Vision Property Management - Kaja Holdings/RV Holdings/RVFM - 24 properties at time of filing Harbour Portfolio - National Asset Advisors - 66 Properties at time of filing
7 Harbour Portfolio, details Traditional land sale agreement (vendor/vendee) Failure to record conveyances - If property under contract, claimed no liability because not owner - If property not under contract, no response to City orders Claims - Statutory Nuisance Claims: 8 properties - Injunctive and Declaratory Relief: Violations of ORC 5301 and 5313 Monetary Claims - $225k in outstanding fines - $100k in fees and late fees - $43k in abatement costs and water charges
8 Harbour Portfolio, details
9 Vision Property Mgmt., details Rent-to-own agreements (landlord/tenant) - Entire business model violated Ohio law Claims - Statutory Nuisance Claims: 6 properties - Injunctive and Declaratory Relief: Violations of ORC 5321 Monetary Claims - $70k in outstanding fines - $72k in fees and late fees - $45k in abatement costs and water charges - Add l $10k in judgements already obtained
10 Vision Property Mgmt., details
11 Harbour vs. Vision, by the numbers Harbour Footprint (at max) Citations issued Lot abatements 14 3 Demolition $$ N/A $22k Vision City barricades 20 5 Fees and late fees $110k $72k
12 Outcomes - Harbour Formal mediation Ensured appearance of retained counsel Allowed opportunity to educate counsel on local laws Key issues Had already stopped business model locally Third-party Plaintiffs rep d by Legal Aid No longer held title to any nuisance property
13 Outcomes - Harbour Harbour Obligations $125k payment to the City Recording conveyances No more land sale contracts unless property is habitable For future contracts Disclose defects, notices, and liens Pre-purchase inspections Issue letter to proposed purchaser explaining methods to ID property conditions
14 Outcomes - Vision Direct communication with general counsel Lack of local contact, generally Key issues Acknowledgment that business model violated Ohio law Still held title to several nuisance properties and overvalued them Legal Aid rep d handful of individuals in nuisance properties
15 Vision Obligations Outcomes - Vision $1k payment to the City Recording conveyances No more land sale contracts unless property is habitable For future contracts Disclose defects, notices, and liens Pre-purchase inspections Issue letter to proposed purchaser explaining methods to ID property conditions
16 Lessons Learned - Work together with other stakeholders!!! - Have supporting documents ready The Harbour recording problem - Insist on clear channel of communication The Vision local problem
17 Epilogue: A New Hope? (a.k.a. How I Learned to Stop Worrying and Love to Plagiarize) CMC Chapter 870: Land Installment Contracts - Properties must be habitable - Contract must be recorded by vendor - Private right of action - Attorney s fees/actual damages
18 Youngstown Neighborhood Development Corporation Ian Beniston AICP, HDFP Executive Director
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CONDOMINIUM GOVERNANCE FORM
CONDOMINIUM GOVERNANCE FORM DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Florida Condominiums, Timeshares, and Mobile Homes 1940 North Monroe Street Tallahassee, Florida 32399-1030 Telephone: