This city landlord didn't repair condemned apartments. Now, he doesn't want to pay fines

The owner of the condemned North Adams Street apartments in Wilmington is pushing back against the city after building inspectors determined the repairs done on the homes are inadequate.

Wilmington officials said A.J. Pokorny, property owner and landlord of dozens of apartments at 808-820 N. Adams St., filed an appeal June 9 after the city inspected the units in May, found they were noncompliant and issued $5,750 in fees for his failure to make timely repairs.

“According to our (Licenses and Inspections) and planning departments, the owner made some repairs to the property based on the original citations, but the work was deemed by the city to not be up to code,” said John Rago, the mayor’s deputy chief of staff and Wilmington spokesperson. “The owner was told that the repairs were not appropriate.”

A hearing date for the appeal has yet to be set.

Over a year ago, 27 apartment units on North Adams Street were condemned after an exterior wall partially collapsed in the alleyway between two buildings, and code inspectors found multiple buildings were not structurally safe. Pokorny was cited for 372 code violations as a result.

WATCHDOG REPORTING: 2 weeks before properties condemned, Wilmington inspectors say leaks in unit repaired

The condemnations left dozens of families scrambling to find alternative housing as they were ousted from their homes on a weekday afternoon and underscored gaps in Delaware’s landlord-tenant code that make it difficult to hold landlords accountable for dangerous housing conditions.

Pokorny pushes back on fees

Pokorny appealed the civil penalties incurred for his failure to make timely repairs to the buildings.

In the appeal letter sent by attorney David Matlusky, Pokorny argues that the civil violations should be dismissed and any order or "supplemental order" issued beyond the "emergency order" from May 17 is "inapplicable and void as the subsequent orders being attributed to owner/manager are related to rental dwelling units that are not occupied."

RELATED: Amid state probe, Wilmington landlord advertises apartment for rent in condemned building

Pokorny contends in the appeal that he has 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.

When reached by phone Friday, Pokorny told a Delaware Online/The News Journal reporter he would have his attorney reach out. No one ever called back.

A call to the Matlusky Firm on Wednesday was not returned.

When the buildings were first cited on May 16, 2022, Wilmington inspectors issued an emergency order requiring Pokorny to make all necessary repairs to address the deficiencies within 30 days. That was to include shoring up collapsing and unsupported walls and beams, having an authorized electrician inspect and repair improperly maintained electrical systems and repairing all fire escapes.

A year later, much of that work remains incomplete, according to the civil fines notice sent to Pokorny by the Wilmington Department of Land Use and Planning.

Building officials met with Pokorny and his rehabilitation team on several occasions and conducted exterior site inspections sporadically from October 2022 through May 15. While early site inspections showed some progress on the repairs, which were outlined in a Sept. 7 "supplemental order" issued to Pokorny, city inspectors had determined by January that the repairs were inadequate.

A Jan. 6 inspection found the ongoing exterior siding work was "missing flashing and exposed sheathing," and thus was rejected. The city also ordered Pokorny to remove abandoned furniture, trash and debris from the properties' exteriors, but when officials rechecked on Jan. 11, some debris remained on the site.

Later meetings with Pokorny and his reconstruction team revealed that repairs to the fire escapes, basements and masonry walls were incomplete, as were the structural repairs to the alleyways – the site of the initial structural collapse that prompted the buildings' condemnations.

At one point, Pokorny denied building inspectors access to the basements, leaving them unable to confirm if work had been completed. And in some instances, the work completed didn't conform to the approved plans, city officials said.

When building inspectors checked again on May 15, key repairs to the alleyways, exterior masonry, siding and fire escapes remained incomplete.

The Wilmington landlord has a long history of property neglect, including previous condemnations of the same North Adams Street buildings in 2006 for a slew of code violations.

BACKGROUND: Wilmington landlord of condemned apartments has long history of property neglect

Pokorny is also no stranger to local and state investigations into his rental property business.

Code violations and property issues with Pokorny-owned buildings go as far back as the mid-1980s when city zoning officials flagged 611 Washington St., a vacant property at the time used as shelter by homeless individuals, for lacking proper boarding to secure the property.

State investigation into landlord continues

The Delaware Department of Justice continues to investigate Pokorny following the latest housing crisis to befall his North Adams Street tenants, but there’s been little movement on the case.

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

Justice Department spokesperson Mat Marshall said the investigation is still “active,” but could not provide any additional information.

This isn’t the first time Pokorny has been scrutinized by the attorney general, either.

The Wilmington landlord in 2000 found himself under investigation following claims that he defrauded renters by repeatedly failing to make repairs and address complaints at his buildings. He ultimately lost the case filed by the state and was ordered to pay $8,500 in fines and court costs.

Pokorny appealed the ruling, but in 2002, a Court of Common Pleas judge ordered him to maintain his properties to code or face up to $25,000 fines for each future violation. He was also ordered to pay $15,910 in fines, legal fees, and restitution to some tenants.

That appeared to do little to change how Pokorny operates his rental property business.

Four years later, dilapidated conditions at some of Pokorny’s apartments on North Adams Street prompted the city to condemn three buildings.

Tenant protections when housing conditions are unsafe

What transpired on North Adams Street in Delaware’s largest city sparked legislation that aims to balance power between renters and landlords when housing conditions are unsafe for the tenant and those in the household.

House Bill 191 gives renters the ability to end leases when conditions in the unit threaten the “life, health, or safety” of the tenant or a member of the household. It allows those life-threatening housing conditions as a defense during eviction proceedings and clarifies the process for a renter to withhold rent payments in escrow, too.

While the Delaware House approved the bill during the final days of the session, it has not come before the Senate and must await a new legislative session to be debated.

Delaware Rep. Sherry Dorsey Walker, who sponsored the bill and helped North Adams Street families find housing after their homes were condemned, said the legislation passed with an amendment that cases will be heard within 60 days to ensure they move out of court in a timely fashion.

She said they wanted to make sure cases in which rental payments are withheld don't "languish" in court. The bill also wouldn't take effect until July 1, 2024, giving the courts time to build internal capacity to handle additional cases in a timely manner, she added.

"This piece of legislation deals with justice – it deals with equity, equality and justice," Dorsey Walker said.

Following the North Adams Street condemnation, Dorsey Walker said her office received calls from renters across the state describing similar situations.

These were "people living in these types of conditions but were afraid to say anything," she said. The elected official stressed that this isn't an "attack on good landlords. This is to rid our state of the bad landlords."

In recent years, reforms to Delaware’s landlord/tenant code have been resisted by state lawmakers and landlords who claim proposals would prolong the eviction process and allow tenants behind on rent to remain there, but it appears the tides changed this session.

TENANT RIGHTS BILL: Delaware lawmakers pass bill to give tenants right to counsel during eviction proceedings

Delaware lawmakers in mid-June approved a bill that gives tenants the right to representation during eviction proceedings, a bill made a priority by Democrats particularly after Gov. John Carney vocalized support for the measure earlier this year. Senate Majority Leader Bryan Townsend has tried to pass previous versions of this legislation since 2021.

It provides some protections for landlords, too, by exempting landlords who rent three or fewer family-owned properties and aren't represented by an attorney. It also does not guarantee counsel when an attorney review determines that the tenant does not have a case.

Approval of House Bill 191 also addresses other issues tenants’ rights advocates have underscored must be tackled in Delaware, including the process by which tenants can withhold rent and clarifying the appeals process for actions when withholding rent.

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

This article originally appeared on Delaware News Journal: Wilmington landlord appeals fines for not repairing condemned homes