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Corporation counsel says Law Department is handling heavy litigation caseload and targeting problem properties
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Summary
Sue, the citys corporation counsel, told council members the Law Department received 203 notices of claim this fiscal year, has collected nearly $500,000 in judgments, and has stepped up coordinated enforcement of nuisance and safety-related problem properties while supporting school-construction work and a planned bond refinancing.
Sue, the citys corporation counsel, told the council the Law Department represents the entire city and all of its boards and that its primary duty is to defend the city in litigation. She said the office had received 203 notices of claim so far in the fiscal year, the procedural first step toward lawsuits, and that the department also pursues affirmative claims to recover damages to city property.
"We have received 203 notices of claim," Sue said. "We pursue those and get those claims addressed so that we can repair our pipe and we're not out any money." She gave the example of a utility contractors digging damaging city infrastructure as the type of affirmative claim the office would pursue.
Why this matters: The volume of incoming claims and the citys active enforcement program affect municipal budgets, service delivery and neighborhood conditions. Sue said the department has developed a cross-departmental mechanism with codes and SPD to identify and pursue problem properties earlier, a process she described as labor intensive and requiring significant coordination.
"It takes a lot of man hours," Sue said, describing a multi-step process to address nuisance properties, ongoing trash problems or illegal activity at sites. She said the office works closely with codes and SPD to bring early enforcement actions when properties show ongoing illegal or improper practices.
Sue said the city has pursued litigation against landlords whose properties are in poor condition. "We have commenced a lawsuit against [landlord] Klutzky and all of his properties," she said, adding that Klutzky filed for bankruptcy and that she expects the bankruptcy to be dismissed and for the court to rule in the citys favor with significant fines. She also said the department has collected just shy of $500,000 on judgments to date and that a paralegal in the office focuses on pursuing collections.
The Law Department also supports transactional and capital work, Sue said. She said staff draft hundreds of pieces of legislation annually and prepare ordinances; Joe (identified during the session) noted the office provides legal support to the joint schools construction board. Joe said Phase 3 design work, including for Nottingham High School, is ramping up and that a bond refinancing to save interest costs will be considered at upcoming meetings.
The offices enforcement role prompted discussion about squatters and public-safety risks. Sue said eviction and property-recovery proceedings can be prolonged because courts provide procedural protections that can favor occupants who challenge service or other aspects of eviction. Committee members linked long-vacant properties and squatting to increased fire risk and urged raising the issue with state legislators.
Whats next: The Law Departments enforcement efforts and litigation outcomes (including the Klutzky suit) will continue through ongoing court proceedings; bond refinancing and school construction items noted by Joe are expected to return for consideration at future meetings.
