Abatement Appeals Board grants Christina Fong’s appeal, reverses order and $1,346.50 assessment

The Abatement Appeals Board voted 4–2 on Dec. 15, 2010, to grant an appeal by Christina Fong and reverse a director’s order of abatement and the $1,346.50 assessment for 59530 Second Avenue.

The board first took jurisdiction over a request for late filing under Chapter 77.5(b) of the administrative code after hearing that notices about the director’s hearing were mailed to the Bank of New York, the owner of record at the time, while title to the property transferred three days before the hearing. Rosemarie Boske, chief housing inspector for the Department of Building Inspections (DBI), told the board that DBI relies on recorder-office records that can lag and that staff did not see the recorded deed showing Christina Fong as owner until several months later.

Fong, the requester and current owner, told the board she closed on the house in February 2008, did not receive any DBI notices addressed to her, and only learned of the December 2009 complaint after following her attorney’s advice to check DBI records. Fong said she arranged repairs promptly after learning of the order and provided invoices to DBI staff. “I did my due diligence once I became aware of the issue,” Fong said, and thanked staff members who assisted her.

DBI recommended upholding the assessment and recovering its costs from the current owner, stating the department sent notices to the owner of record. Boske said the department’s records showed notices went to the Bank of New York and that a delay in recordation by the recorder’s office prevented immediate online detection of the title transfer.

During deliberations commissioners acknowledged that DBI followed its notice procedure but emphasized the practical harm to a first-time homeowner who did not receive notice. Luke O’Brien of the Coalition for Responsible Growth, speaking in public comment, noted that buyers of bank-owned properties often face different disclosure rules, describing some of these transactions as “as-is” and warning purchasers to expect potential surprises.

After discussion, a board member moved to grant the appeal and reverse the order of abatement and the assessment of costs; the motion carried on a roll-call vote with President Lee and Vice President Walker voting no and Commissioners Clinch, Maher, Murphy and Hetchanova voting yes. The board’s action allows Fong to pursue relief from the original director’s order without the $1,346.50 assessment.

The board announced it would adjourn and take a short break before the Building Inspection Commission meeting.