The Troy City Council has unanimously agreed to issue a second subpoena to the owners of an apartment complex where nearly 100 residents were abruptly evacuated in June.
Bowing and sagging exterior brick walls led city Code Enforcement to evaluate the Harbour Point Gardens — issuing several violation tickets and ordering a structural engineering report. The owners failed to comply within 30 days, forcing the city to send in its own engineering firm, LaBella Associates, which flagged six buildings and seven walls, but said they were not structurally unsafe.
Owners 182 Delaware LLC, under the umbrella of Lexington Property Group, have now provided the city with a complete engineering report—which the city has been seeking for nearly three months. The city had received incomplete documents from the owner’s engineering firm, WestShore Designs Engineers, and made revisions.
Outgoing Democratic Mayor Patrick Madden says work permits have now been issued. As of last week, 22 apartments were cleared for re-occupancy and Madden says he hopes violations will continue to be corrected.
“Sure, we would have liked to have seen it go quicker,” Madden said. “And I’m sure the residents would like to see it go quicker. And I’m hopeful now they’re getting into a rhythm, and we’ll be there to do the inspections as quickly as they’re ready.”
When the brick façade was removed shortly after the evacuation in June, the city said a work permit was not needed because the façade was aesthetic. But, after the removal, framing and electrical problems were discovered that require a permit.
And the removal of the bricks created holes leading into the apartments, exposing the property to heavy rains.
Stop work orders were issued by Code Enforcement when windows were taken out and framing from the holes needed to be addressed— which requires work permits.
Such permits are needed for new buildings or additions, alterations, repairs, siding, roofing, sitework, and excavation.
When Jay Friedman, a representative of 182 Delaware LLC, was asked by city councilors why residents could not be housed at nearby properties, he said other local properties owned by Lexington Property Group are not directly associated with 182 Delaware LLC and are larger and more expensive than what the residents were leasing in Troy.
“Nobody thought we’re still gonna be here today and not having the tenants back,” Friedman said. “We thought it’s gonna be a couple of days, we take the brick down, and they allow people to move back in.”
Some residents grew concerned over the weekend when they were told by motel employees that their stay had not been extended past Monday, according to tenant advocate Eric Spinner. City administration worked quickly Monday morning to quash the rumors.
In an email exchange on Sunday with city administration, Friedman assured that tenants who have not yet been cleared to re-occupy their apartments will continue to have a room at the local motel being provided by management.
Spinner says management has kept residents on edge with incremental extensions of motel stays.
“People are on edge. It’s anxiety. People are suffering,” Spinner said.
City Councilor Emily Menn, a local landlord, says the city needs to better maintain records.
“One of the things that would have been very helpful is an updated landlord registry, something that the city of Troy is supposed to maintain,” Menn said.
Republican City Council President and mayoral candidate Carmella Mantello posted on Facebook over the weekend photos of excessive garbage at the complex. Mantello says the garbage has not been picked up in several weeks, and asked the mayor to address what she says has become a public health concern. According to a spokesperson for the mayor, the issue was addressed last week by Code Enforcement and code officials have “been consistent in following up with property management, issuing citations and even tickets when appropriate.”
Owners of the complex and property management were issued subpoenas in July and have voluntarily testified before the city council, not under oath. The mayor and his administration voluntarily testified under oath and are expected to do so again before the council August 17th at 7 p.m. Mantello says the state attorney general is now looking into the matter.
