Bush House Hotel owner: Quakertown condemnation done to force sale, remove poor tenants

The owner of a controversial Quakertown boarding house is accusing borough officials of condemning his properties as unfit for occupancy based on false allegations, to pressure him into selling the property so it can be redeveloped.

MT Estate Realty, the owner of the Bush House Hotel and two adjacent properties that also house rental units, outlined the claims in court documents filed nine days after the Nov. 10 condemnation, which displaced more than residents.

The 60-page petition asked a Bucks County judge to order the borough to restore all utility services at the properties, turn over documents, video or photographs reflecting alleged building violations associated with the condemnation, and allow company representatives and professionals access to the condemned properties.

The request was withdrawn on Nov. 30 after the borough restored utility services and site access, according to an attorney for MT Estate Realty owner Tom Skiffington, a Perkasie Realtor and real estate investor.

More stories from Bush House Hotel: 'We were being eaten alive:' Lawsuits allege 'dangerous' living conditions at Bush House long before condemnation

But the filing nonetheless provides new details into the rift between Skiffington and the borough over the 101-room historic hotel built in 1850, which was damaged in a 2018 fatal fire.

Quakertown officials have not commented on its actions beyond a press conference and two public statements posted on its website. Last week, borough Manager Scott McElree said the matter remains under investigation “on several levels.”

Skiffington and his lawyer Anthony DiUlio have not returned multiple voice messages and emails seeking comment since Nov. 10.

In the court filing, however, Skiffington's company claims that for years, Quakertown officials have demanded he stop using the properties to house low-income residents, which the borough saw as incompatible with its ongoing downtown revitalization plans.

The lawsuit states that for 60 years, apartments and rooms at the West Broad Street hotel, and adjacent or nearby properties on Second and Front streets, have been leased to tenants, “many of whom suffer from mental or physical disabilities,” who otherwise would be homeless.

Why Bush House was condemned: Removed from Bush House Hotel, residents struggle: 'I don't know where I'm supposed to go'

The lawsuit claims that in 2013, borough officials approached Skiffington, who has owned the property since 2004, with an offer to sell the property so it could be redeveloped into a use more compatible with community revitalization plans.

An agreement was reached to sell the property, if the financial terms were acceptable and the borough secured a new location to house the 160 residents then living at the Bush House and adjoining properties, the suit alleges. The borough would allow MT Estate Realty to develop new property as low-income housing, “so long as it would not be in the downtown area,” the suit alleges.

The lawsuit alleges the borough presented Skiffington with a buyer, but the offer was conditioned on the borough contributing $750,0000 toward the purchase price, which the borough refused, killing the deal.

MT Estate Realty also alleges that it has invested more than $750,000 over the past three years in improvements at the property, including upgrading the electrical system, and renovating rooms, common areas and one of the three shared bathrooms at the hotel.

After the renovations began, the company alleges the borough tried to interfere with the business' operations, aimed at squeezing it financially and forcing a sale at a reduced value, the lawsuit alleges.

“Specifically the borough has engaged in a series of ‘surprise’ inspections and condemnation efforts, all of which have failed,” the suit alleges.

Borough officials could not immediately be reached for comment Monday.

Skiffington listed the hotel and adjacent properties for sale on Nov. 4 with an asking price of $5.6 million, this news organization has confirmed. The listing was pulled the day the property was condemned.

Bush House for sale: Quakertown's Bush House Hotel was for sale for $5.6 million. Six days later, it was condemned

Search warrants seek access to properties

According to the lawsuit, McElree filed paperwork with a local district justice on Nov. 9 for the West Broad Street property seeking an administrative search warrant to check for code violations, including electrical deficiencies, insect infestations, and out-of-code fire prevention and safety facilities.

It was the second search warrant McElree sought in two months for the hotel following a series of incidents there over the spring and summer, the suit alleges.

On June 12, Quakertown police responded to a medical emergency in a first-floor room of the West Broad Street hotel. When they entered the room, police found accumulated trash, mold and an insect infestation, according to the September search warrant, which was referenced in the lawsuit filing.

An unidentified 83-year-old woman who lived in the room died of an infection in her abdomen that developed during her stay, which borough officials believe, in part, was the result of unsanitary conditions in the room. The borough issued a notice of condemnation for the room on June 14, but MT Estate Realty did not submit a required plan to remediate the room, the warrant said.

Additionally, the September warrant stated that Quakertown police responded to three false fire alarm calls between July 8 and 23 at the property where insect infestations were seen on the third floor and other common areas of the building.

Borough Code Enforcement Officer and Fire Marshal Doug Wilhelm contacted the alarm company servicing the property seeking a reason behind the rash of false alarms.

“Mr. Wilhelm learned that insects had infested the ceiling mounted smoke detectors and were causing alarms to activate despite no fire existing on the property,” according to the Sept. 2 warrant.

McElree stated that he was aware the alarm system runs through the ceilings and behind the drywall of the structure and that based on the number of false alarms and observations throughout different parts of the building, the infestations were not limited to one area, the warrant said.

When the borough executed the first search warrant on Sept. 7, it found evidence of a pervasive bedbug and German roach infestation in the common areas of the hotel and individual units, according to the document. The search found the infestations reached fire protection systems, electric outlets, electric conduit and had resulted in system malfunctions.

The September warrant also stated a professional exterminator the borough consulted about a remediation plan claimed it would require treatment with heat and chemicals that necessitated the property be decluttered, cleaned and unoccupied for several days. Borough officials claims it has not issued permits for such work or observed the building as closed to the public.

MT Estate Realty contends the November search warrant for the hotel was used improperly to also search the Front and Second street properties and illegally evict those tenants as well as a restaurant tenant.

The company further contends the borough did not perform a search of the property, but only posted a notice of condemnation and forcibly evicted the tenants. The suit alleges the condemnation notice did not include any evidence of code violations, the suit alleges.

In the court filing, MT Estate Realty claims a privately hired electrician removed cover plates and inspected all outlets and switches at the hotel property on Nov. 15 during a pre-arranged site visit and found no evidence of active insect infestation or a malfunctioning or unsafe electrical system, the suit alleges.

On Monday, Montgomery County attorney Marc B. Kaplin, who filed the injunction petition, claimed private contractors have not found any evidence of active bug infestations on the property since regaining access to it.

“We don’t know what they’re talking about. They have made a lot of allegations that are not supported by facts,” Kaplin said. “They made up this whole reason for coming in (with a search warrant).”

More about Bush House's history: Quakertown officials knew of Bush House problems for years. What was done?

Borough officials have not released the violation notice associated with the condemnation, but a copy of the six-page document dated Nov. 12, and included in the lawsuit, alleged numerous code violations including:

• “Heavy” bedbug and German roach infestations throughout the building including multiple units on all three floors, hallways, common areas, fire detection equipment and the electrical system, which caused damage to those systems.

• Improperly maintained fire detection facilities and a building fire alarm system that was disconnected to emergency services.

• Exterior doors and windows throughout the building are in dilapidated condition preventing them from being closed or properly secured.

• Hallways and numerous rooms were so cluttered with trash and debris no safe, continuous and unobstructed path of travel was available. No illuminated emergency exit signs were visible.

• Several rooms had holes in ceilings from leaking plumbing in the floor above.

• A rear stairwell damaged in the 2018 fire is considered structurally unsound.

• Insect infestations extended to electrical outlets and fixtures, wires and outlet boxes left exposed.

• Improperly maintained fire detection systems were responsible for frequent false fire alarms and access to a fire extinguisher was blocked.

The Nov. 12 violation notice did not include the Second and Front street properties, but those properties were added to a revised notice dated Nov. 16, 2021, and included in the lawsuit filing.

County social service agencies are currently housing about 50 displaced residents who are staying in area hotels for the foreseeable future and working with former residents to find new homes.

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This article originally appeared on Bucks County Courier Times: Bush House Hotel owner claims Quakertown lying about code violations