BUFFALO, N.Y. — A judge on Friday denied the City of Buffalo's request to immediately vacate the Elmwood Heights apartments but told the owner's attorney there'd be "one chance" to fix the conditions cited by code enforcement.
"There are leaks in the building there are cracks everywhere. The floor is all breaking. It's like sinking in my living room like the pipes are coming out of the floor," said Shannon Honeycutt, a tenant of Elmwood Heights.
When the building was condemned last week Honeycutt and his neighbors were sent scrambling to find new housing thinking they'd be forced out.
Judge Patrick Carney denied the request to vacate however citing the concern that people could be left homeless. While several tenants told 2 On Your Side Friday they were relieved by the judge's ruling they are not planning to stick around.
"You know home is where you are supposed to be happy at you know. You want to feel comfortable when you walk into your house you know and you don't feel that here," Honeycutt said.
Holes in the ceiling, rats and other vermin, trash, human feces, and a rotted back deck were all cited by city inspectors as reasons to condemn the property.
The attorney for Elmwood Heights LLC. which owns the building was the only person connected to the case who was in court Friday. No tenants were present nor were the owner or owners of the building as that remains a mystery.
Richard Berger who is representing the LLC. cited attorney-client privilege and would not divulge that information. 2 On Your Side has attempted to contact the owner and the building manager but reporters have either been hung up on or not had their messages returned.
In court Friday even city representatives said they have struggled to reach whoever is behind Elmwood Heights LLC. for months and requested contact information from Berger.
Erie County tax records show the company is linked to a PO Box in Monsey, New York in Rockland County.
In response to the ruling, Cathy Amdur, the Commissioner of Inspection Services for the City of Buffalo issued the following statement:
"I was surprised at the Judge’s decision. We have a team of inspectors addressing the issues with the building and they found extensive code violations. The building has human feces in the hallways that reek of urine, the basement is covered in a carpet of rat feces, and the structure is not secure from outside intrusion. The fire and life safety systems are not in compliance, including sprinkler systems, fire alarms, and means of egress. Our inspectors don’t request orders to vacate casually or without extensive deliberation. The code violations are so concerning that the Attorney General’s office is working with us to hold the owner accountable. Our inspectors are monitoring the situation closely and they are pressing the owner to make the necessary emergency repairs. Our main concern has been the health and safety of the tenants and surrounding community."
Berger told 2 On Your Side that he was approached by the Attorney General's Office about the case and said the owner and the City of Buffalo had worked out some kind of an agreement.
"We agreed to address those [the issues] immediately and anything larger will be addressed over the months of April and May and get it all done. So hopefully this problem will be abated in the very near future," said Berger.
Some of the immediate repairs to fire and carbon monoxide detectors would need immediate action Judge Carney instructed. He requested an update at another court appearance scheduled to take place on April 28.