Buffalo Rising Online

Feb 21st 2007, 1:58am By Marilyn Rodgers

Background: In August of 2004, a badly decomposed body was found in a rooming house on Whitney Place. Neighbors and residents of the area were stunned, to say the least. Approximations for the body to have been in the room were from six to eight weeks - a horrendous end to any life.

Back then, the Johnson Park Association had been in existence and had experienced many victories in reclaiming their block from unscrupulous property owners, crime, and other illicit activities. However, when we saw Susan Banks reporting this during dinner that Monday evening, and then saw the footage of a house we were well familiar with, we knew we had to expand. Within 48 hours we had pulled neighbors from streets throughout the West Village to a public meeting on the Johnson Park Green along with Ellicott District Councilmember Brian C. Davis, Peter Savage III from the city’s Law Department, and Gary Ziolkowski, at that time, the city’s Chief Inspector for Multiple Dwellings .

Over 40 people showed and we proactively worked together to assure incidents like this were properly investigated and the owners were brought into Housing Court. In addition, the West Village Renaissance Group (WVRG) was fully launched.

The System That Works: That was my informal introduction to Judge Henry J. Nowak. Under the new partnership of the WVRG, we made sure at least five neighborhood representatives were present at every court date. Of course, the owners of the property (and five others – two of which were added to the court case) claimed “not guilty” and a trial ensued. This action lasted from September 2004 when the case was first called, to March 2005 when the owners were sentenced and a fine was imposed (eight visits to court).

In October 2004, Councilmember Brian Davis and Judge Nowak approached me to become the Ellicott District Housing Court Liaison, a volunteer position I considered very important to take on, and did energetically. Later, I interviewed for the Program Coordinator’s position for the Housing Court Reform Project and loved every minute of the two years I spent there. However, that’s where it gets even better for the Rooming House issue, overall.

We formed a group of interested parties and became the Rooming House Task Force. This collective addressed two main concerns that faced communities and rooming house tenants alike and broke into two committees. One addressed the need for assisting persons without proper housing or those who lost housing due to closure, eviction, Orders to Vacate, and other actions. As a result, every Order to Vacate coming from Housing Court now has Crisis Services information in case a tenant needs a new home.

The other group addressed the need for new legislation. That was my focus, researching the ordinances and licensure for lodging houses brought out many issues to provide a platform of best practices.

Research and Bad Memories: Collectively, the WVRG kept a roster of issues as a guide for the foundation of the legislation. We also discovered that many rooming house owners were “payees” for their tenants – a major conflict of interest that still needs ratification. One tenant discovered that his payee/landlady was using his checking account to pay all utilities for the entire 12-room house. However, she could not be prosecuted since he was under the belief that if she didn’t rent to him, no one else would. To this day a local rooming house only utilizes a 40 gallon water heater for 12 rooms, not allowing every tenant the right to hot water as is prescribed by the NYS Warranty of Habitability. Let’s face it folks, these tenants have been disenfranchised long enough.

Officers Ken Devlin and George Morlock of B District, Councilmember Brian Davis, and I visited quite a few sites in the Ellicott District. What we saw was nothing less than appalling - more bricks for the foundation of the proposed legislation. Cockroaches, feces around toilet facilities, smells, general disorder and here’s the kicker: The Health Department mandates that all rooms are furnished with clean linens every week. If the owners of the rooming house first mentioned in this article followed that regulation, would a six to eight week decomposed body have been found in the first place? Other persons have been found days after their demise. A woman in a local rooming house suffered from exposure in her own room during the winter in 2005, and her body was found five days after her death.

Former Legislation and the New, Improved Law: In 2004, there were 104 Lodging House licenses in the city. Sixteen of those were branded hotels that had a full complement of security, housekeeping, and other staffing. How, then, could rooming houses be compared to hotels? A comparison of the lodging house chapter in the City Charter to the NYS Multiple Dwelling Law’s regulations for Single Room Occupancies (SROs) showed the differences that could make for better quality of life for tenants and the surrounding neighborhoods. So, I made these comparisons for Councilmember Davis who, in turn, arranged for a meeting with representatives of the city’s law department. We met and discussed the issues and comparisons and Councilmember Davis asked that I craft a resolution for the Common Council. Many meetings later, through various committees and the Council including the wordsmithing of City Attorney Peter Savage, III and review and suggestions by Commissioner Richard Tobe, the new law has passed.

Here are the significant changes to the City Charter:

- Owners or “agents” (managers) must reside on the property. Formerly, the owner/agent could live within 500 feet. - Owners/Agents who act as managers must be a permanent resident of the City of Buffalo. - Agents residing on the property and acting as a manager must be licensed by the City of Buffalo - Those agents must appear, in person, to apply for licensure and produce satisfactory photo identification as well as sufficient proof of residency. - The Commissioner may disprove of licensure at his/her discretion if the proposed agent is unqualified or unfit. To determine these factors, the following criteria apply:

- Moral character of the agent - Relevant experience of the agent - Degree of supervision deemed appropriate at the premises - Number of occupants residing at the premises - Occupant Safety - Any other relevant factors

The application is then forwarded to the Commissioner of Police for a criminal background check. - Applications for the actual building licensure must include a description of the property. This also includes “satisfactory photo identification…as well as sufficient proof of residency if claiming to reside on the premises.” - During the application review, the Commissioner “shall cause an inspection of the premises to ensure the building or structure is in compliance…” - All applications will be referred to the Commissioner of Police who will cause an investigation to be made into the criminal background and moral character of the applicant. (That’s the owner, as well as the agent/manager) - Another inspection process is required by the Erie County Health Department. However, if this inspection is not performed within 90 days, the city may make that determination. This has been an issue in the past. - All new applications are referred to the Common Council for approval. - Licenses for agents/managers are not transferable and the owner must notify the Inspections Department of any change in management and the new agent must apply for licensing. Prospective agents may not serve without a license. - Every facility must keep and maintain a register of residents in a suitable place on premises and every person must register his or her name on the register which is also open for police review. - Revocation or suspension of the license will be determined by either the Commissioner or an Administrative Law Judge. Factors to be considered in an action like this would include conduct at the property, nature and frequency of complaints from the Police Department incident reports, 911 calls, property inspection reports, and other verifiable information reported to the city. - Besides the license having to be placed in a conspicuous location, it must also include the name of the agent/manager, telephone and room number, etc.

One more note: One of the items we recognized, as a neighborhood association, was that when the tenants of rooming houses were treated equally as neighbors instead of “those troublemakers” they, in turn, developed self-respect and 911 calls were drastically reduced. This new law allows these tenants to be treated as individuals and with respect.

Our Thanks: So, there you have it. What was a horrible neighborhood situation, that takes place in every district in Buffalo on a regular basis, became a new law in Buffalo due to the dedication and teamwork of residents and government working in an effective, professional manner, and with a great deal of patience and tenacity.

Our thanks, from the WVRG, go out to: - Ron Plants of WGRZ-TV, who was tenacious enough to cover the initial issue, - Gary Ziolkowski, then Chief of multiple Dwellings, who attended our first meeting on the park that night, - City Attorney Peter Savage, III who has been there from the beginning and crafted an excellent law, - Ellicott District Councilmember Brian C. Davis, who had pledged back in 2001, when I first met him, things would change regarding rooming houses and the treatment of the tenants who live in them, - Judge Henry J. Nowak, for going beyond the description of a Housing Court judge and making the necessary changes that consider people instead of just fines, - Deputy City Clerk Patrick Sole, who at the time was Supervisor of Licenses and always provided sound advice during the research process, - Officers Ken Devlin and George Morlock, who showed their care of the situation and people, not just viewing it as another nuisance call, - Commissioner Richard Tobe, for his insight and contribution to the new legislation, - Paul Wolf, Esq., Common Council Chief of Staff, for his constant support, and - The entire Common Council for their diligence in reviewing the entire process and assuring the new law would stand strong without “grandfathering.”