The Troy City Council met again Thursday to deal with the plight of residents evacuated from their apartments in June. And it could be months before they’re allowed to move back in.
For the last month, nearly 100 residents of Harbour Point Gardens apartments on Delaware Avenue in Troy have been displaced after property owners were notified by Code Enforcement of bowing brick facades and locked emergency exits in early May. An emergency evacuation of dozens of units began June 22.
At the time, violations were not deemed structurally dangerous by the city, which issued citations. The property owners were given 30 days for remediation's with subsequent inspections in place to check progress.
Since the evacuation, several windows have been removed, walls have been knocked in, and residents are still living in motels. Forty violations and 12 appearance tickets have been issued to the owners, which the city says barely scratches the surface.
Jay Friedman, a representative for 182 Delaware LLC, voluntarily spoke before the City Council Thursday along with Rob Howard, the regional general manager for Lexington Property Group.
Howard says displaced residents will continue to be housed until major violations are addressed.
“Going forward, we're not looking at making anybody homeless, they will have an accommodation at Travelodge until they are able to move back into their apartment, we are not looking to put anybody out,” Howard said. “Of course, our number one goal is to get them back into their own home where they feel the most comfortable. And they're and where they should be. But until that day happens, they will have accommodations at the travel lodge or a motel hotel of the same sort that will allow them to stay there and if they have a pet.”
Displaced residents expressed concern about texts and emails they received with reminders that rent was late and legal action may be pursued. Freedman says the texts were from an automated system and residents should disregard them.
“We’re not currently focused on addressing people that are late on rent or threatening anyone,” Friedman said. “This is not our focus. Our primary focus right now is fixing this and getting people back.”
But Friedman says he is still expecting tenants to pay rent for June and July.
“We are talking right now about putting people in default of their lease if they didn't pay their rent,” Friedman said. “That's what Rob is referring. Rent is due. As long as, so the idea is, that we are providing shelter. This is costing us three times the amount of what people are paying in rent. So, I'm not sure, allow me to clarify. We're talking about hitting people with late charges, we're not doing that right now. We're taking off the late charges and any evictions are on hold until we resolve this crisis.”
Friedman says when the property was acquired in May 2022, owners were aware of needed repairs to the brick facades — among numerous problems added to a maintenance list.
“Our contractors advised that these bricks are repairable and it was on our list to do,” Friedman said. “We are here now because the buildings have been condemned and people were put on the street. It was on our list to do and we did a lot of other things surrounding this issue. This was the next phase.”
Mayor Patrick Madden and his administration testified under oath that in private meetings with representatives of the property, including Victor Mandel, who was not at the hearing, that agreements were made for remediation, but property owners failed to produce a plan. Deputy Mayor Chris Nolin says they were waiting on a construction timeline from the owners.
“A timeline is incumbent on them to put forward and give to us,” Nolin said. “We don’t dictate that to a property owner.”
Mayor Madden says this is the city’s highest priority.
“Our goal is to get these people back in their homes,” Madden said. “The fact that they left a sour taste in our mouth given their statements it wasn’t testimony is something to rage about right now but its immaterial. As soon as they get us plans well be looking at them if they need us on sight we’ll be on site.”
Marcos Argueta Guevara was cleared to move back earlier this week following an inspection by the city in which five apartments were deemed inhabitable. Argueta Guevara says problems remain.
“My windows are still intact, I don’t have any holes in my walls but, upon closer inspection of my apartment I’m starting to find that, yeah, there are some things that are not resolved that should have been resolved before I moved in,” Argueta Guevara said.
The Council questioned Code Enforcement about whether it had been too lenient after three inspections in May and June. Jesse Ordansky, who issued the violations, says Code works with landlords towards remediation.
“It’s not atypical to allot more time to correct violations if we see that a property manager or landlord is acting in relatively good faith.”
Councilors also tried to uncover who owns the complex. Madden’s administration says it believes 182 Delaware LLC is the local owner, but it is under the umbrella of Lexington Property Group.
Ordansky says while there is no formal process in place, the city relies on landlords to update a registry listing who occupies the apartments.
“I demanded it and it seems like he signed it, he did not date it. There is some addresses that don’t match what is in our software. In my opinion this is not what I asked for and this is an incomplete document.”
Near the end of the six-hour hearing, Mayor Madden returned after property management and residents delivered testimony to amend his remarks. The outgoing Democrat says he no longer believes the owners have acted in good faith.
“After their testimony I will unequivocally say no,” said Madden. “The fact that he sat here and claimed, Mr. Howard, that we told them to padlock the buildings when he wasn’t even on site. And when he was pressed, he acknowledged that it was hearsay yet he still sought fit to spread that hearsay and damage our reputation. We said nothing of the sort. We knew people had to get back in.”
Property owners are due in Troy City Court to answer the tickets on Wednesday. City Council President Carmella Mantello has requested legal assistance from the state attorney general.
