DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel DEPARTMENT REVIEW

Transcription

1 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel DEPARTMENT REVIEW

2 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel CITISTAT WEB-FORUM QUESTION

3 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel In watching the local news, I learned that US border officials will soon be requiring anyone crossing our bridges to have a copy of their birth certificate in addition to a driver s s license or other government issued photo identification. I also recently learned that the City of Buffalo offers birth certificates in card form that persons born in the City of Buffalo may carry easily in i their wallet. Does this card carry the same legal validity as a traditional paper copy of a birth certificate? If it is acceptable, I think the City of Buffalo should advertise and market this as a service to us many Buffalo-born border crossers. --Mr. Thomas Garippo of South Buffalo

4 BIRTH CERTIFICATE ID CARD EXAMPLE

5 BIRTH CERTIFICATE ID CARD EXAMPLE (BACK)

6 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel FIRE PIT LAW UPDATE

7 MUNICIPAL FIRE PIT LAW RESEARCH At least 27 towns, villages or cities in New York State have placed outright bans on outdoor furnaces or fireplaces 15 municipalities in NYS restrict the use of outdoor fireplaces. Some of the measures used include: Permit requirement Fueled by only natural untreated wood Setback from residential structures Use requirements (must follow product instructions) Size (chimney height) Presence of chimney cap or spark arrestor) Time of year restrictions

8 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel HOUSING COURT UPDATE

9

10 From Business Week article

11 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel "If there ever is a national response to the messy legacy left by foreclosures, it might include something like the Buffalo system, which seeks to take action before the presence of abandoned houses hurts entire neighborhoods and which spreads the pain among many players. We're kind of a crystal ball into what might happen elsewhere, Cooper says. -Business Week, January 2008

12 DEPARTMENT OF LAW Alisa Lukasiewicz, Corporation Counsel "At least in Buffalo," says [Cindy] Cooper, "the days are gone when [a bank] can do a foreclosure and walk away without taking care of the property." -Business Week, January 2008

13 Proposal for QOL & Housing Special Prosecutions Current Problem Proposed Solution Housing Court violations are "complaint driven" as building inspectors target homes with complaints channeled through the Mayor's Call and Resolution Center. Hiring of a Special Prosecutor to undertake their own independent investigations, in cooperation with EDPIS, the Mayor's Anti-Flipping Task Force, OSP, the Attorney General, and other agencies, in order to identify problem properties, owners and practices Housing Court Attorneys traditionally do not become involved in the process until after the building inspector has decided that court intervention is necessary. Hence, Housing Court Attorneys have only been involved in a small subset of properties. Until recently, Housing Court Attorneys were not involved in the majority of Housing Court cases unless a trial or motion was necessary. Recent inclusion of Housing Court Attorneys in everyday handling of cases seems to improve the efficiency and effectiveness of prosecutions; however, attorneys are still primarily involved in only cases that have first received complaints and then referred to court by an inspector Housing Court Attorneys have little power or discretion to direct prosecution of particular cases from the beginning, which can result in flawed cases and missed opportunities Employing a systematic analysis of particular problems, such as mortgage foreclosure and property flipping, the Special Prosecutor should be empowered to initiate prosecutions of key players in these practices Doing so will increase the effectiveness and impact of prosecutions and will improve the quality of cases because they will be prepared at the onset by attorneys This process should reduce the number of cases lost by motion in Housing Court

14 Proposal for QOL & Housing Special Prosecutions Current Problem Proposed Solution Properties needing demolition are sometimes "flipped" in their derelict state, often via the internet. These proerties can become owned by parties out-ofstate who have no intention of paying for the demolitions because they consider themselves victims of unscrupulous sellers or even outright fraud The sale of these "demo-worthy" properties may create liability for both the current and prior owners of the property Currently, when a demolition is complete, the City sends a bill to the current owner and not the prior owner. This may create a triple benefit for the flipper, who may profit from the sale itself, avoid the demolition bill, and avoid a Housing Court case due to the reactionary, complaint-driven nature of our current prosecution system The Special Prosecutor should monitor sales of properties on the City s demolition list. A systematic review currently underway reveals that many properties on the City s demolition list have been sold after they were declared or ordered for demolition but before the property is actually taken down In these situations, the City may have a variety of causes of action against each sequential owner. The Special Prosecutor should pursue these civil actions on a regular basis as they arise, as well as pursue proactive criminal cases when appropriate. Many flippers are missed by inspectors because the properties are transferred before the inspector is notified of any complaint or because no complaint is ever lodged

15 Housing Court Fines & Judgments 2006 vs Fines Judgments Total 2006 $150,322 $45,300 $195, $162,781 * $98,909 $261,690 Total $313,103 $144,209 $457,312 Source: Department of Law *Amount includes $15,300 that was paid in court and not yet remitted

16 Confessions of Payments: July 05 October 07 Individuals who give the City consent to demolish properties enter into a payment plan and/or sign a confession of judgment for the costs Timeframe Demolition Payment (Amount) Fiscal Year Calendar Year July ' 05 - Dec '05 $154,771 $154,771 $462,986 Jan '06 - Jun '06 $308,215 July '06 - Dec '06 $352,486 $734,269 Jan '07 - Jun '07 $381,783 Jul '07 - Oct '07 $143,566 $143,566 $660,701 $525,349 * ** Total Collected (Jul '05 - Oct '07) $1,340,820 * Only representing 6 months ** Only through October 2007

17 Confessions of Judgment: Individuals who give the City consent to demolish properties also give a confession of judgment for cost of demolition. These are filed when judgments are not made. $3,000,000 $2,500,000 $2,000,000 $2,597,059 $1,500,000 $1,000,000 $500,000 $0 $179,490 $36,332 $173,623 $692,479 $575,337 $1,054,586 $218,895 $814,

18 Court Ordered Demolitions: Asst. Corp. Counsels obtain court orders for demolition of abandoned properties with no responsible party to effectuate demolition. The City may demolish these properties and seek civil action against property owners for costs. Year Ordered Demolitions Total 569

19 Consents for Demolition by Year Property owners who are unable to pay for demolitions may give the City consent to demolish their homes Source: Department of Law