Update May 2, 2024
As a direct result of the lawsuit filed in Bedford OH, Mount Vernon OH is discussing repealing its own ordinance.
For more information, please click here.

Update January 11, 2023
A recent article by the Urban Institute examines “Crime-Free Housing Ordinances”, the various legal challenges, the consequences and the overall effectiveness of these programs.
To view the article, please click on the following link:

Legal Challenges to Crime-Free Housing Ordinances Bring Effectiveness into Question

Update November 12th 2023
The Wisconsin Law Journal recently discussed a lawsuit filed against the city of Milwaukee and Milwaukee Police over the city’s Chronic Nuisance Ordinance.
According to the article, one of the complaints is found in similar challenges across the country. The complaint states the ordinance has the effect of deterring plaintiffs, and other similarly situated parties affected by the law, from seeking police assistance by placing them at risk of losing their businesses and paying substantial fines.

For more information, please click here.

According to a recently concluded DOJ investigation, the city of Anoka (MN) “crime-free” housing program discriminates against people with mental health disabilities. Under the ordinance, Anoka can penalize landlords for “nuisance calls” to their properties.

For more information, please click here.

In addition to the below, we have reported on several related matters;

2/26/2023: New Orleans Padlock Law
11/7/2022: Indiana Court of Appeals Ruling re: emergency calls as proof of a public nuisance
12/27/2021: What is a nuisance
10/29/2021: More trouble than its worth
7/31/2019: Nuisance Property Guides

Update: May 16,2023

Delaware State lawmakers are considering legislation that would prohibit municipalities from enacting laws requiring landlords to evict tenants for criminal activity by the tenant, a member of their household or a guest.
For more information, please click on the following link;
Proposal to bar municipalities from requiring eviction for “criminal activity” advances in Senate

A very real challenge for municipalities!

How to protect citizens in dire need of protection (specifically victims of domestic abuse) while creating effective legislation that protects and improve the neighborhood at large.

This has been a point of discussion for several years. A recent article (click here) in the St. Louis Dispatch discusses letters sent by housing and civil rights advocates to six cities across St. Louis County saying their “nuisance ordinances violate residents’ constitutional rights”.
Would perhaps behoove municipalities to proactively take a fresh look at existing ordinances.
This is an issue being discussed across the country.
Please click on the following links for additional information:

Wonderful report by Greater Ohio Policy Center titled “Misconceptions About Vacant Property Registries”.

Specifically, the report discusses;

Misconceptions About Vacant Property Registries

New Hampshire Following in the Footsteps of New York State’s “Zombie Foreclosures” Legislation?

HB 235 was introduced earlier this year in the New Hampshire Legislature. Interestingly, the bill text mirrors closely the “zombie foreclosure” legislation enacted in New York State in 2016. Finally seeing some common ground between state law and servicing industry maintenance requirements. Should be a benefit for all.

Though not a sponsor of HB235, Rep. James McConnell, R-North Swanzey had stated in October 2018 that he was planning to introduce legislation based off the New York legislation. Please click on the following link for more information

New Hampshire Business Review: New Hampshire rep takes aim at ‘zombie foreclosures’

To view the proposed bill text, please click on the following link
HB 235 Text

A decision by State Supreme Court Associate Justice Denise Sher  strikes down a zoning condition that required a two-family home to be occupied by its owner. The case against the Town of Hempstead originated after its Board of Appeals tried to impose a requirement that a two-family home in Bellmore must be occupied by its owner.
In theory this could allow for more (short-term) rentals, increasing the value of registration ordinances.

According to a recent article, “Thus, this ruling calls into question the legality of these kinds of conditions that are commonly imposed on homeowners, not only in the Town of Hempstead, but by municipalities throughout the region.”

Long Island Business News: Court rules against town requirement for owner occupancy

In recent developments we see the sharp divide in opinions short-term rentals are creating across the country.

New York City
In New York City there is full-court pressure on the largest entities involved in short-term rentals, with recent subpoenas being issued.
CNN: Airbnb subpoenaed by New York City for data on listings
Additional Information: AirBnB Response to NYC:

Maine
By contrast, Maine’s Legislature is evaluating LD 209, a bill that would prohibit municipalities from banning short-term rentals within their communities.
MaineWire: Home sharing should never be a crime in Maine
Legislation Text: LD 209 Text

Interesting article that discusses some of the nuances inherent with vacant commercial property registration and the attempt to draft proper language.

Article provides comments from the Mayor, various councilmembers and the Law Director on several different scenarios and existing structures that are posing this dilemma.

Confusion surrounds vacant property registry

 

A new study led by LSU Department of Sociology Assistant Professor Matthew Valasik is the first to show a statistical connection between homicide, blighted buildings and convenience stores in Baton Rouge. He is the first to study how the physical landscape and built environment in Baton Rouge correlates with crime.

“If you are within a three and half block radius of a convenience store, the risk of homicide increases five-fold. Similarly, if you live within two and a half blocks of a blighted building, the risk increases by 13 times,”

To view the press release, please click here.

To view the study in its entirety please click on the following link;
Forecasting homicide in the red stick: Risk terrain modeling and the spatial influence of urban blight on lethal violence in Baton Rouge, Louisiana

Additionally, in 2016, the American Journal of Public Health issues a related study with the objective to determine if blight remediation of abandoned buildings and vacant lots can be a cost-beneficial solution to firearm violence in US cities.

To view that study, please click on the following link;
Urban Blight Remediation as a Cost-Beneficial Solution to Firearm Violence

A federal appeals court has rejected a challenge (class-action lawsuit brought by residents) to a Saginaw ordinance that requires owners of vacant properties to allow the city to enter if the property becomes dangerous.

The original lawsuit was filed in March 2018. Additional details available by clicking here.

For additional information regarding the recent federal court ruling, please click on the following link:
Mlive.com: Appeals court rules Saginaw vacant property registry doesn’t violate U.S. Constitution

 

 

 

Following are a listing of various state initiatives surrounding Vacant Property Registration or general Fight-the-Blight Initiatives.

Alabama
Statewide Manufactured Housing Registration Ordinance

Maine

Statewide Notice to Municipality of Abandoned Property
Statewide Notice to Municipality of Abandoned Property – Mobile Homes

Maryland
The Maryland Commissioner of Financial Regulation provided an advisory notice discussing the updated Foreclosure Registration System.
Maryland Foreclosure Registration System

New Hampshire

HB 235 was introduced early in 2019. Bill text mirrors closely the “zombie foreclosure” legislation enacted in New York State in 2016.
To view the proposed bill text, please click on the following link
HB 235 Text

New Jersey
The Housing & Community Development Network of New Jersey maintains a webpage titled “Getting Owners to Maintain Properties” which includes a comprehensive section on VPR ordinances, with sample ordinances and forms.
To access the website, please click on the following link;
Getting Owners to Maintain Properties

Existing Legislation
N.j.s.a. 46:10b-51, the new jersey creditor responsibility law 

Current proposed legislation
S3412 Requires DCA to produce and maintain database and interactive map concerning residential properties under foreclosure; increases certain recording fees as funding mechanism.

New York

In 2016 the state passed comprehensive “zombie properties” legislation
Please click on the following links for additional information:

Two six-figure funds have been assessed as a result of this legislation:
1/16/2019
12/14/2017

Pennsylvania
Enacted Legislation
HB 653

Governor Wolf Signs Legislation to Combat Neighborhood Blight
WOLF SIGNS BLIGHT LAWS



 

 

 

In November 2011 the General Accounting Office issued a report titled “(Vacant Properties) Growing Number Increases Communities’ Costs and Challenges.

Following are the highlights, the full report and additional information, is available by clicking here.

See below in red, in the 8 years since this report it is still accurate!

Highlights
Vacant and unattended residential properties can attract crime, cause blight, and pose a threat to public safety. While homeowners or mortgage owners–including the mortgage servicers that administer loans on behalf of loan owners–are responsible for maintaining vacant properties with mortgages undergoing foreclosure, the costs local governments incur to mitigate any unsafe conditions can be significant. GAO was asked to examine (1) trends in the number of vacant properties and how they relate to the recent increase in foreclosures, (2) the types of costs that vacant properties create and who bears the responsibility for these properties and their costs, and (3) state and local government strategies to address vacant properties and the federal role in assisting these efforts. GAO analyzed Census Bureau vacancy data and data on property maintenance costs from the Federal Housing Administration (FHA) and two housing-related government-sponsored enterprises (GSE). GAO conducted case studies in nine cities selected to provide a range of local economic and housing conditions, rates of foreclosure, and geographic locations. GAO also interviewed local officials, representatives of community development organizations, federal agencies, and mortgage servicers, among others. The Federal Reserve, Census, Office of Comptroller of the Currency, FHA, Federal Housing Finance Agency, and GSEs provided technical comments, which GAO incorporated as appropriate. Treasury commented that the report was informative and noted the need for all stakeholders to analyze policy responses to this issue.

According to Census Bureau data, nonseasonal vacant properties have increased 51 percent nationally from nearly 7 million in 2000 to 10 million in April 2010, with 10 states seeing increases of 70 percent or more. High foreclosure rates have contributed to the additional vacancies. Population declines in certain cities and high unemployment also may have contributed to increased vacancies. However, these data do not indicate the number of vacant properties that are inadequately maintained and imposing costs on local governments. If a homeowner abandons a property, servicers may have the right under typical mortgage agreements to conduct certain maintenance, although they generally are not obligated to do so until they assume ownership on behalf of the loan owner after foreclosure. In 2010, the GSEs reimbursed servicers or vendors over $953 million for property maintenance costs. However, local governments reported spending millions of dollars–including federal funds–on vacant properties that are not adequately maintained. For example, Detroit spent about $20 million since May 2009 to demolish almost 4,000 vacant properties. Unattended vacant properties produce public safety costs and lower communities’ tax revenues due to the decline in value of surrounding properties, with some studies finding that vacant foreclosed properties may have reduced prices of nearby homes by $8,600 to $17,000 per property in specific cities. Cities and states are implementing a variety of strategies to minimize the negative impacts of vacant properties but face various challenges. For example, some local governments are creating special entities called land banks that acquire and hold vacant properties for later development, sale, or demolition. However, difficulty obtaining adequate and sustained funding and finding buyers for the properties can hamper these local efforts. Some cities have passed ordinances that require servicers to notify the city when a property they are managing becomes vacant and attempt to hold them responsible for maintenance. However, localities often lack resources or staff to enforce these requirements fully. Some suggest fewer properties would become vacant if servicers had to account for communities’ costs–such as for policing and fires–when considering whether to modify loans or foreclose, but servicers and others questioned the feasibility and effectiveness of such an approach. Local officials and community groups said they need more funds and increased oversight by federal regulators to ensure that servicers comply with local property maintenance codes.