Plainfield takes owner of condemned apartment buildings to court over 'gross negligence'

PLAINFIELD – A hearing is scheduled next week to determine whether a 90-day deadline be imposed for remediation work to be completed at apartment buildings condemned by the city earlier this year, and whether rent payments should fund the repairs.

The Oct. 20 hearing also could determine whether Newark-based attorney Calvin Souder, who specializes in real estate, is appointed to serve as the rent receiver to take action for the remediation of all housing violations issued by the city, court papers say.

The hearing comes after a lawsuit was filed last month against Cyclone Investments LLC, the landlord for several apartment buildings in the city that have been condemned due to unsafe and unsanitary conditions, including the apartment building at 501 West 7th St. that displaced about 300 residents.

The lawsuit outlines health and safety issues at Cyclone’s buildings that have not been addressed, some for more than a year.

The landlord, Charles Aryeh of Cyclone Investment Group, has not responded to a request for comment.

According to the lawsuit, branches of Cyclone Investments own the properties in Plainfield at 715-725 Arlington Ave., 701-711 Kensington Ave. and 501-515 West 7th St. The city has the power to repair, close or demolish buildings that have been declared unsafe or unfit for human habitation, and the construction official can order the premises to be vacated, the lawsuit says.

On Jan. 6, 2022, city officials condemned 715-725 Arlington Ave. due to the lack of heat in the building. Cyclone Investments was notified the building could not be occupied, and a certificate of occupancy was required for the building to be reoccupied, the lawsuit says.

On March 31, 2022, and again on April 13, 2022, 715-725 Arlington Ave. was further condemned after it was determined to be unfit for human habitation and structurally unsound, according to the lawsuit, and residents and the owner were notified that the building could not be occupied and must be evacuated.

The property owner moved the residents from 715-725 Arlington Ave. to 701-711 Kensington Ave, according to the lawsuit. And then on May 3, 2023, the director of the Division of Inspections determined the building at 701-711 Kensington Ave. was unfit for human habitation due to illegal occupancy and lack of maintenance, the lawsuit says, and residents were ordered to vacate the next day.

On June 1, 2023, 701-711 Kensington was inspected for defects and code violations in order to apply for a new certificate of occupancy and after that inspection, the owner was given a copy of more than 200 health and safety code violations that needed to be corrected before the building could be reoccupied, the lawsuit says.

Earlier: 'Let this be a warning': Plainfield announces measures cracking down on bad landlords

Among the health violations listed in the lawsuit are damaged sewer pipes, sewer pipes leaking sewage on the floor, missing and damaged radiators, broken toilets, a lack of fire escapes, missing and broken hot water heaters and stoves, excessive mold, missing and broken smoke and carbon monoxide detectors, leaking roof, hanging electrical wires, no hot water, and rodent infestations.

The Arlington Avenue property was inspected again on Aug. 17, 2023, and inspectors found similar health hazards that were found in the Kensington Avenue property, the lawsuit says.

According to the lawsuit, the property owners of 515 West 7th St. were notified on Feb. 10, 2022, that that there was a hazardous amount of lead throughout the property. Another inspection on Sept. 1, 2022, found none of the lead hazards had been addressed and the conditions were worse, the lawsuit says. The property at 515 West 7th St. was inspected again on Sug. 17, 2023, and it was found to have similar critical health hazards as the Kensington and Arlington properties, the lawsuit says.

"At this time, 515 West 7th Street has not been officially condemned, however, (Cyclone Investments has) shown a complete disregard for the condition of their buildings and have failed to make any repairs to these abominable, deplorable, and uninhabitable properties that they own and charge others to live in, and if no repairs are made to 515 West 7th Street, as is to be expected from defendants course of conduct thus far, the property will face potential condemnation upon further inspections," the lawsuit says. "The fact that 515 West 7th Street has not been officially condemned poses an even greater hazard to the city and the residents as there are still individuals and families with children living inside who are being subjected to extremely hazardous and unlivable conditions because they do not have anywhere else to go."

On Aug. 8, 2023, an inspection of 501 West 7th St. found that apartment building to be unfit for human habitation due to a lack of maintenance and the property was condemned. Another inspection on Aug. 16, 2023, found the property at 501 West 7th St. to have similar critical health hazards as the buildings on Arlington and Kensington avenues, the lawsuit says.

The residents were ordered to evacuate, and the city has provided temporary housing and relocation assistance.

"There are currently hundreds of individuals and families with children that have been displaced due to the egregious gross negligence of defendants, and who are left without a permanent place to call home, or in the case of the 515 West 7th Street, with a home that is hazardous, toxic, and unfit for human habitation," the lawsuit says. "Despite numerous notices of the egregious hazardous conditions of their buildings, (Cyclone) has taken no action to remedy any issues that plague their unlivable properties, and are non-responsive to the city’s attempts to communicate."

The lawsuit says Cyclone Investments has not made any repairs to any of the buildings that have been condemned, despite being put on notice in January 2022. The lawsuit states the city is unsure how much rent is being paid to Cyclone, and any rent that is being paid should go toward repairs in the buildings.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Plainfield NJ sues owner of condemned apartment buildings