Rockland wants Spring Valley house vacated, demolished or fire safety violation remediated

SPRING VALLEY - Rockland wants a state judge to order a landlord to repair his overcrowded rental house, remove the tenants from life-threatening conditions and pay a $13,750 fine for numerous violations, a legal action states.

The county's New York State Supreme Court petition filed this month states property owner Jacob Freund has ignored violations cited last year by the Rockland Office of Building & Codes and the Rockland Health Department. The legal action contends he's not paid a fine.

The legal action marked the second by the county to force compliance with fire and safety codes.

On Friday, the county sought a court order forcing the owners of the Evergreen Court Home for Adults on Lafayette Street to clean up the wreckage and secure the property. In March 2021, a fire destroyed the adult living facility. A firefighter and a resident died in the blaze, the subject of a criminal investigation and multiple civil lawsuits.

Freund's house at 123 Lake St. is located near the house at 118 Lake St. owned by another landlord in which five people, including two children, died in a 2023 fire. Other area houses were cited after the blaze for fire and safety violations. The state removed property inspection and code enforcement from Spring Valley in November 1991 and deputized the county to oversee the village.

The county's legal action contends Freund's two-family house is overcrowded with tenants, lacks a certificate of occupancy to operate as a rooming house, and is riddled with fire and safety issues. Rooming houses are prohibited in Spring Valley and need a Health Department permit to operate in the county.

Freund denied the violation charges in court papers filed to collect the fine in 2023. He contended through his attorney Joseph Churgin of Nanuet that the county violated his due process rights. He sought reimbursement of his legal costs.

Rockland Building & Codes Director Edward Markunas said Freund is a recalcitrant landlord who has refused to vacate the property or make repairs. There are 34 violations, including electrical, leaving the county little choice but to take Freund to court.

“This is a clear example of an irresponsible landlord putting profit above people, as they continue to ignore the Order to Remedy from the Office of Buildings and Codes regarding existing violations including uninhabitable areas being lived in throughout the premises," Markunas said.

A March 15, 2023, inspection by Rockland Building & Codes Code Enforcement Officer William Gorbutt found "numerous, egregious violations" of the New York State fire code, according to the legal action. The inspection came a day after the Rockland Health Department filed a complaint that the house had fire and safety issues, as well as being overcrowded.

Rockland inspector outlines the violations

Gorbutt's affidavit states he found "egregious overcrowding conditions including but not limited to bedrooms too small for the number of occupants witnessed to be using them, use of non-habitable areas such as closets being utilized as bedrooms, and the exterior porch enclosed and turned into two bedrooms without any building permit application on file."

Among other violations determined to exist by Director: Edward Markunas:

• Exterior wall with cracks and other structural issues;

• Rubbish, debris, and garbage throughout the property;

• Exterior railings in need of replacement or repair;

• Overcrowding conditions (bedrooms too small for the number of occupants witnessed to be using them, use of closets as bedrooms, et cetera);

• Serious fire hazards such as obstructed egress path hallway to exit from sleeping areas;

• Smoke detectors missing or not maintained throughout the structure;

• Boiler in the stairway;

• Three kitchens in a two-family residence;

• Structural issues throughout the interior;

• Two electric panels were not labeled, and use of extension cords as permanent wiring.

The legal action contends Gorbutt was denied complete access to the house when he attempted to re-inspect. The law requires an inspector to receive permission from the owner or tenant to enter a private house in a non-emergency.

The lawsuit cites Gorbutt's conclusion: "Based upon my training and experience as a Code Enforcement Official and based on my observations during my onsite inspections, it is my professional opinion that the Premises presents a clear and present danger to the life, health, safety, and welfare of the occupants of the Premises and may also affect the safety of others such as first responders, neighbors, and anyone else entering the Premises."

Property owner contested fine and violations

The legal action marked the second time the county has gone to court against Freund. In October, the county asked the court to force Freund to pay a $13,750 fine set by Markunas for the violations at the Lake Street house. The county also sought costs and disbursements for the legal action.

Freund, a Brooklyn property owner, and Churgin could not be immediately reached for comment on the county's legal action seeking code compliance or closure of the house. His address is given as 123 Lake St. on the Spring Valley tax rolls for the Spring Valley. The house was built in 1930.

Rockland seeks action on the violations

In the county court petition, County Attorney Thomas Humbach and Deputy Attorney Larraine Feiden ask the judge to issue the following orders:

• direct Freund to house any tenants in code compliant housing at at his cost and the house remain vacant;

• order the sheriff to vacate the house

•. enjoin Freund to abate the violations of the Uniform Code described in the notice of unsafe building/structure and

•. order to remedy by the demolishing and/or vacating and/or repairing the premises

The county also is seeking from Freund the costs, disbursements, and expenses of the legal action.

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: Rockland NY wants Spring Valley house repaired, vacated or demolished