Bronx tenants are asking the courts to appoint a third-party administrator to take over management of their Fordham apartment building, alleging hazardous conditions, hundreds of unresolved violations and a campaign of harassment by their landlord.
Tenants at 2440 Walton Ave., filed an Article 7A petition in Bronx Civil Court on June 3, seeking court intervention to address what they describe as dangerous conditions at the 17-unit building, ranging from live wires and mold to damage caused by an April fire that led to six vacate orders.
The tenants, represented by the New York Legal Assistance Group (NYLAG), allege that the building’s owners, Point 2440 Realty LLC and brothers Bradley and Ryan Zar, have repeatedly failed to make necessary repairs despite complaints and city enforcement. The building’s conditions range from unsafe electrical wiring, water leaks and mold to broken windows, defective fire doors, lead paint and infestations of mice and roaches, according to the petition.
According to the Department of Housing Preservation and Development, the building currently has 152 open violations, with 43 classified as Class C, or “immediately hazardous.” The lawsuit also alleges that the owners certified that dozens of violations had been corrected when the repairs had not actually been made.
A fire broke out on the building’s fourth floor on April 27, prompting HPD to issue vacate orders for four apartments, according to the petition. The Department of Buildings issued an additional two vacate orders since the fire.
Among those affected is tenant Diana Rodriguez, who has lived in her apartment for two decades. Her apartment is listed in the petition as having fire damage throughout, water damage to the ceiling and floors from firefighters’ response, unsafe electrical wiring, inadequate electricity and gas service, mold and a vacate order.
“I just want to go home so badly, but there’s no home left to go back to right now,” Rodriguez said.
“I’m just exhausted and beat down –mentally and physically– from the years of inaction, harassment and disrespect. It’s obvious the landlords don’t care about us. All they care about is money. These landlords need to be held responsible for not providing their tenants a safe place to live. For me, justice would mean seeing Bradley Zar exposed as the rat he is.”
Tenants harassment over complaints
The lawsuit also accuses the building’s owners and employees of harassing tenants who reported housing conditions to the city.
According to the petition, internal communications between the Zar brothers and the building’s superintendent show management discussing how to deal with tenant Quasar Garcia after he repeatedly complained to the city about conditions in his basement apartment.
The petition alleges that the superintendent had informed the owners that deteriorating pipes underneath the basement floor were causing flooding and that the floor would need to be opened to replace them. Instead of immediately addressing the problem, the lawsuit says the owners began discussing getting Garcia —who is the superintendent’s nephew— out of the building.
Ryan Zar allegedly instructed the superintendent: “Juan get your nephew out of our property. He is being horrible… Let’s get him out.” Three days later, Bradley Zar allegedly complained in a text message that Garcia, “keeps calling the city making complaints” and said someone needed to “control him.”
The lawsuit alleges that management eventually changed the locks on the basement apartments, forcing Garcia and two other tenants out. Garcia has lived in a shelter since the lockout, according to NYLAG.
“I’m doing the best that I can, but this is dehumanizing,” Garcia said.
“The landlords know what they are doing – they can’t pretend in court that they don’t. They’ve stripped me of my freedom, my privacy and my peace. All the weight of the system needs to fall on their shoulders.”
The petition also alleges that building management tried to discourage tenants from allowing city inspectors into their apartments. Last April, residents allegedly received an email warning them that “many fake city inspectors” were walking around the area and telling them to keep their doors closed to HPD inspectors.
The lawsuit further alleges that the building superintendent subsequently wore a neon yellow jacket labeled “Code Enforcement” around the building, allegedly presenting himself as a city inspector to tenants and police.
Court-appointed takeover
The tenants are seeking the appointment of an Article 7A administrator, a court-appointed manager who would take control of the building’s day-to-day operations and use rent collected from tenants toward necessary repairs, while landlords are still responsible for payments for taxes, mortgage, and insurance associated with the property.
While the move is an uncommon tactic, the Mamdani’s administration’s pursuit of bad landlords could support their case. Mayor Mamdani supported the tenants at Robert Fulton Terrace and Fordham Towers as they secured a similar court-appointed administrator to make repairs as a part of a $31 million penalty settlement in May.
“The landlord of 2440 Walton Avenue’s persistent refusal to redress hazardous conditions demonstrates that owners are plainly unable to meet the basic obligations to make the building habitable, and their behavior makes clear that judicial intervention is necessary,” said James Tourangeau, senior coordinating attorney with NYLAG’s Tenants Rights Unit in the Bronx.
“By filing this 7A suit, New York Legal Assistance Group and tenants’ rights organizations can demand accountability, discourage retaliation by bad landlords, seek urgently needed repairs, and ultimately empower tenants to work with a preservation partner to purchase the building for its long-term use as safe and affordable housing.”
Reach Marina Samuel at msamuel@schnepsmedia.com. For more coverage, subscribe to our newsletter and follow us on Twitter, Facebook and Instagram!
