Rockland urges state judge to shut down illegally converted Spring Valley house
SPRING VALLEY - Rockland County is asking a state judge to permanently order an illegally converted John Street house restored to a single-family home. It's also asking the judge to permanently order the owner to remediate fire and safety code violations.
The Brooklyn-based landlord, Joel Fekete, who owns several properties in the Ramapo village, faces $11,750 in fines for allowing the addition of multiple bedrooms and construction inside the single-family house at 17 John St., according to the Rockland Office of Buildings & Codes.
Supreme Court Justice Thomas Zugibe issued a temporary injunction to vacate the house and scheduled a hearing for Jan. 22 at the County Courthouse in New City. The county's legal papers argue that the converted house is illegal and poses a health and safety threat to those living inside.
Fekete's attorney, Joseph Churgin, said Thursday that the house has been vacated and the owner filed for a demolition permit on Thursday with the Rockland Office of Building & Codes to remove the added walls and construction.
Churgin said people living inside the house and any safety issues no longer exist.
Churgin said Fekete was unaware of the additions to the house and the lease with two tenants states the owner must approve written requests for any sublets.
"This is another situation where a property owner rents their single-family house and somebody else puts up walls and brings in multiple other people, creating the illegal and likely dangerous situation," Churgin said.
Violations found after house fire
A Buildings & Codes fire inspector cited the owner with multiple violation notices after inspecting the two-story house following a fire on Jan. 8.
The agency claims the house has been illegally converted into an eight-room house in violation of the building's certificate of occupancy as a single-family home. Boarding houses violate village zoning and also require a permit from the Rockland Health Department.
The fire is believed to have started inside a second-floor closet used as a bedroom with a mattress inside, fire officials said.
The county said a person living in the house claimed they paid Fekete $6,000 a month in rent. Churgin said the lease calls for a monthly rent of $3,000.
One of the estimated 12 to 14 people living in the house commented they've been without heat, Rockland Fire Coordinator Chris Kear said.
Rockland County has been deputized since November 2021 to inspect village properties and enforce state fire and safety codes.
The New York State Department of State seized control of the village's enforcement and inspections after years of pressure from firefighters and the county's officials and lawmakers regarding the village's dysfunction. The state acted following two deaths, including a firefighter, in a March 2021 adult home fire.
Buildings & Codes can only inspect in Spring Valley and only multiple-family homes, apartment complexes, schools, and businesses. Single and two-family homes − the site of a fatal adult home fire in 2021 and a second that killed five people − can only be inspected with permission from the landlord or the tenants.
After a fire, an inspector is routinely called to help determine a cause.
Fire inspector cites violations
Building & Codes Fire Inspector Kim Weppler's violations included:
Illegal conversion of the living room, dining room, cellar, and a second-floor closet into bedrooms
Violation of the house's certificate of occupancy on file. The document designates the building as a single-family home with two bedrooms and a full bathroom on the second floor; a kitchen, a cellar, and a gas-fired water heater
The basement ceiling failed to meet the height requirement for legal occupancy
The basement and second-floor closet lacked windows.
Smoke alarms were missing or inoperable
Mold was found in the bathroom and the closet
Heat is provided by numerous portable space heaters.
Hallways and the basement were improper size for habitability.
Building materials used for bedroom conversions didn’t meet fire-resistance ratings.
Buildings & Codes Director Edward Markunas levied a fine of $11,750 for the violations. Fekete has 30 days from Jan. 9 to pay the fine or face additional court hearings and penalties.
Fekete owns other properties in Spring Valley that will likely be scrutinized, as is the Building & Codes policy. Fekete's address is 35 Skillman St., Brooklyn, on the village tax roll and Building & Codes document.
Building & Codes will seek Supreme Court orders to vacate and close down houses with violations. Clarkstown also goes to state court and uses search warrants to force inspections.
The state had warned the village for at least a decade about its lack of inspections, enforcement of codes, and documentation. The state assigned monitors to oversee the building department a few years ago, instead of ordering a takeover. The state also had a monitor assigned to the Ramapo Building Department.
Mayor Alan Simon, a disbarred attorney and judge in his third term as mayor, wants enforcement and prosecution restored to the village. He has been critical of the county enforcement.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal
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This article originally appeared on Rockland/Westchester Journal News: Converted Spring Valley house asked by Rockland for judge to shut down
