City landlord agrees to pay fines. Now he has until Oct. 28 to fix Wilmington homes

Editor's note: This story has been updated to clearly reflect when the North Adams Street buildings were condemned. 808-820 N. Adams St. were condemned in May 2022.

The owner of the condemned North Adams Street apartments in Wilmington agreed to pay $5,000 for failing to make timely repairs to the homes.

The 27 apartments were condemned in May 2022 leaving dozens of families scrambling to find a place to live and underscoring gaps in Delaware’s landlord-tenant code.

A.J. Pokorny, property owner and landlord of 808-820 N. Adams St., agreed to pay the civil penalties tied to the 27 apartment units that were condemned by Wilmington inspectors over a year ago, after withdrawing his appeal of the 20 civil penalties he was issued in May of this year, city officials said Monday.

RESIDENTS OUSTED: Dozens displaced after partial collapse of North Adams Street apartment in Wilmington

Pokorny withdrew the appeal Wednesday, and agreed to finish strutural repairs to the fire escapes and masonry as well as correct all other structural deficiencies within 45 days, according to the city's Licenses and Inspections Department. During this time period, Wilmington will not issue additional fines for the violations.

Wood framing and plaster lath is visible where portions of an exterior wall is missing on apartment buildings on the 800 block of N. Adams Street, seen Wednesday, July 5, 2023.
Wood framing and plaster lath is visible where portions of an exterior wall is missing on apartment buildings on the 800 block of N. Adams Street, seen Wednesday, July 5, 2023.

Wilmington Mayor Mike Purzycki’s deputy chief of staff John Rago said Pokorny has until Oct. 28 to address immediate structural concerns.

“Should he not fix the structural problems in 45 days, then additional fines will be assessed,” Rago said.

City officials said Pokorny agreed to weekly site inspections with his contractor and a city inspector as well as to monthly site inspections with his architectural contractor and a city inspector.

Once those repairs are complete, Pokorny agreed to let city inspectors examine the buildings' interiors to ensure all violations – the city cited the landlord 364 times – are corrected.

HISTORIC NEGLECT: Wilmington landlord of condemned apartments has long history of property neglect

The buildings were first cited on May 16, 2022. City inspectors cited Pokorny for 372 code violations combined in the seven buildings along North Adams Street.

At the time, inspectors issued an emergency order requiring Pokorny make all necessary repairs to address the deficiencies within 30 days. Problems included shoring up collapsing and unsupported walls and beams, having an authorized electrician inspect and repair improperly maintained electrical systems and repairing all fire escapes.

Pokorny initially fought fines

The Wilmington landlord initially appealed the fines levied on him in May, arguing in a June 6 appeal letter sent by attorney David Matlusky to city officials, that the civil violations should be dismissed and any orders issued beyond the "emergency order" from May 17 isn’t applicable because the apartments aren’t occupied.

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Pokorny contended in the letter that he’d taken "exhaustive steps that involve substantial amounts of time and financial resources" to address the problems that condemned his properties, all while staying current on his property taxes and mortgage payments.

Wood framing and plaster lath is visible where portions of an exterior wall is missing on apartment buildings on the 800 block of N. Adams Street, seen Wednesday, July 5, 2023.
Wood framing and plaster lath is visible where portions of an exterior wall is missing on apartment buildings on the 800 block of N. Adams Street, seen Wednesday, July 5, 2023.

Any work Pokorny did to the properties was deemed inadequate by city inspectors.

Pokorny contacted Delaware Online/The News Journal after a story about his appealing the fines published alleging the city’s characterization was inaccurate, promising to reach back out with his attorney. Neither Pokorny nor his attorney ever contacted the newspaper.

Repair timeline since homes condemned

On a weekday afternoon, May 17, dozens of families were ousted from their homes after the condemnation that exposed gaps in Delaware’s landlord-tenant code that make it difficult to hold landlords accountable for dangerous housing conditions.

STATE INVESTIGATES: Delaware AG launches investigation into Wilmington landlord after dozens displaced

June 15, 2022: Pokorny advertises condemned apartment for rent.

Sept. 7, 2022: City issues supplemental order updating status of, and plans for, repairs.

Sept. 12 and 26 and Oct. 19, 2022: Building permits issued to Pokorny.

Oct. 11, 2022: Rotted wood siding on buildings removed.

Nov. 18, 2022: Exterior sheathing replacement has begun.

Dec. 2, 2022: Vinyl siding installed in the rear of buildings.

Jan. 6: City inspectors reject ongoing exterior work.

Feb. 27: Pokorny, his attorney and city officials meet to discuss repairs.

Feb. 28: Building inspectors review work on-site and find many repairs incomplete.

March 16: City officials observe crews removing debris from building basements.

A stretch of apartment buildings on the 800 block of N. Adams Street remains vacant and behind fencing as significant repairs appear to still be needed before the buildings are considered habitable, seen Wednesday, July 5, 2023.
A stretch of apartment buildings on the 800 block of N. Adams Street remains vacant and behind fencing as significant repairs appear to still be needed before the buildings are considered habitable, seen Wednesday, July 5, 2023.

March 28 and 30: City officials check property, but no work is being done.

April 3: City officials inspect properties, but Pokorny will not let them check basements.

April 25 and May 15: City officials check properties, but work remains incomplete.

May 22: City sends letter to Pokorny with civil penalties for failure to make timely repairs.

June 6: Pokorny appeals the fines.

Sept. 13: Pokorny withdraws appeal and strikes agreement with Wilmington Department of Licenses and Inspections.

Oct. 28: Deadline for Pokorny to have structural repairs completed at North Adams Street properties.

Got a tip? Contact Amanda Fries at afries@delawareonline.com. Follow her on X at @mandy_fries.

This article originally appeared on Delaware News Journal: Wilmington landlord to pay $5,000 for failure to fix homes