Slumlord Sits on East Ramapo School
Board and Spring Valley Zoning Board
February 5, 2010
The owner of the house at
38 N. Myrtle Avenue in Spring Valley has been cited numerous
times within the last four months, and along with the health and
safety violations, the Rockland County Dept. of Health has
described the home as an illegal boarding house. Of the many
violations throughout the building, it was noted by the
inspectors that, "Some of these violations are considered to be
life-threatening." The owner of 38 N. Myrtle is Eliyahu Solomon,
a school board and Spring Valley zoning board member.
Slumlord
The USLegal website offers the following generic legal
definition for slumlord: "Slumlord property" means residential
rental property that has deteriorated or is in a state of
disrepair and that manifests one or more of the following
conditions that are a danger to the health or safety of the
public:
a. Structurally
unsound exterior surfaces, roof, walls, doors, floors,
stairwells, porches or railings.
b. Lack of potable
water, adequate sanitation facilities, adequate water or
waste pipe connections.
c. Hazardous
electrical systems or gas connections.
d. Lack of safe,
rapid egress.
e. Accumulation of
human or animal waste, medical or biological waste, gaseous
or combustible materials, dangerous or corrosive liquids,
flammable or explosive materials or drug paraphernalia."
The house at 38 Myrtle
has received violation notices in a majority of these categories
(three of five).
Built in 1900, the
Myrtle Avenue house is described on the assessment records as a
two-story, single family residence with 1,721 square feet of
living area. The violations discovered by inspectors back in
November 2009 had as much to do with how many and where the
tenants were staying as they did with dangerous structural
failings.
Responding to a
complaint that the house was being used as an illegal boarding
house, inspectors visited the residence and sent a letter
notifying Mr. Solomon on Nov. 12, 2009, that the illegal
conditions in the home were violations of Article XIII of the
County Sanitary Code. The inspectors said they would return on
Nov. 26, and if the violations weren’t remedied, there would be
a formal hearing which could result in a civil penalty for up to
$1,000 for each violation.
The violations listed
in the report included: "The 3rd floor (top level of
the house) is occupied but not habitable. People are sleeping
and living on the 3rd floor. The heating system is on
the 3rd floor and is a forced hot air heating system.
Brian [Welty—an inspector] said the heating system appears to
have problems. Four beds on the 3rd floor, no
approved second means of egress, avg. ceiling height well below
the min. req. 7’6". Tenants beds abut the furnace, tenant
movements on 3rd floor are damaging the ductwork for
the bldg. heating system. Exposed bathroom ceiling light wiring;
there is no fixture. Oven does not function." There was a list
of exterior violations as well from a Nov. 4, 2009 report, also
prepared by Brian Welty.
On December 10, 2009,
the County inspector returned to the house and noted this on his
report: "Spoke w/tenant, 1st floor. She occupies apt.
with family—husband and three children. In addition, 2 cousins
live in the apt. Apt. has 5 bedrooms. 3rd floor
still occupied."
At this time, Jonathan
Weiss, the man who apparently manages the house for Eliyahu
Solomon, reassured the inspector that the third floor tenants
would be removed, and he requested a re-inspection to be done
the next week.
A month-and-a-half
after the legal notification was sent to Solomon, an inspection
report dated 12/29/09 noted that all violations were corrected
and the third floor was no longer occupied with the beds and
personal effects removed.
Round Two
Less than two weeks later
on January 10, 2010, Inspector Kevin Mackey called and left a
voicemail for Jonathan Weiss, informing him that his Supervisor
was told that the third floor at 38 N. Myrtle was re-occupied.
Mr. Weiss answered with a voicemail assuring Mackey that "he
(Weiss) will lock the 3rd floor entrance door to make
sure the tenants cannot use it."
The next day, at 11:30
am, Brian Welty (Rockland County Health Dept.), Manny Carmona
(Spring Valley Bldg. Dept.) and Jonathan Weiss (manager) all
returned for an inspection of the house. The following is from
Mackey’s report:
"Numerous violations
exist. See Mr. Welty’s 1/11/10 inspection report. 1st
and 2nd floors—2 different living areas. Illegal
rooming house on the 2nd floor—4 men (2 brothers and
2 men unrelated to the brothers and each other). Overcrowding in
the 1st floor apartment (3 children and 5 or 6
adults). 3rd floor vacated. Heating system on the
third floor. Mr Carmona said it [had been] defective and leaked
carbon monoxide."
The following violations
appeared on Welty’s inspection report of the same day—1/11/10 (this
is not the complete list):
"Rooming house living
arrangement on 2nd floor.
Front cement sidewalk broken and uneven.
Rear 2nd floor door opens to lower roof (no guard or
safety rails on lower roof edge. Piece of wood nailed across door on
inside.)
Entrance door to 3rd floor opens partially—not even
halfway.
No basement stairway handrail.
No handrail for the side entrance steps for 1st floor
apt.
Open electrical fixture/box on ceiling in basement. Exposed wires.
Extension cord in use in basement.
No pressure relief pipe on basement water heater.
Moderate amount of scattered trash on the ground in the front of the
house.
Junk on rear, lower roof including radiator. Air conditioner on
front lower roof.
1st floor apt. appeared overcrowded. 5 or 6 adults and 3
children.
Portable electric heater in front bedroom in 1st floor
apt. Tenant said baseboard heater not supplying heat.
Numerous extension cords in use in 1st floor apt.
Loose electric outlet on wall over sink in 1st floor
apt."
A notice was posted at the site that the 3rd floor of the
house must remain vacant. It read: "The third floor is not
habitable. It must stay vacant until the violations are corrected
and the Rockland County Health Department verifies the corrections."
On January 13, 2010,
another letter warning Solomon of the consequences for failing to
remedy the violations at 38 N. Myrtle Avenue. A copy appears below.
Eliyahu Solomon owns
three other properties in the Spring Valley/Hillcrest area with
houses on Elm Street, Franka Place and North Cole Avenue. We have
been told by the Dept. of Health that there is a history of
violations at the first two of these locations. We have requested
copies of those reports.
Serious Questions Remain
The accumulated records of the
past four months at the Myrtle Ave. address not only call into
question Eliyahu Solomon’s understanding of responsible civic
behavior as a landlord, they also raise larger questions.
Should a slumlord who is
willing to endanger the children living at his Myrtle Avenue house
be serving on a school board?
Recall that the County officials have written to Solomon explaining
that "Some of these violations are considered to be
life-threatening." Contrast the repetition of illegal conditions in
his rental with the first item listed in the published Philosophy of
the East Ramapo School Board: "We believe that our schools should
help each individual develop to his fullest potential in the hope
that he may contribute to society with dignity and self-respect."
Should a slumlord who is
willing to repeatedly violate dozens of housing and safety codes be
on a Zoning Board of Appeals in Spring Valley interpreting and
enforcing for others laws for which he himself has shown limited
regard?
That Eliyahu Solomon is on
these two panels calls into question whether these institutions are
broken. For him to remain unexamined on either would answer that
question.
Michael Castelluccio
www.PreserveRamapo.org
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