Malicious Landlords & Problem Properties
Malicious Landlords & Problem Properties
Malicious Landlords & Problem Properties
Gordon R. Dymowski
MAL Project Chair
November 1, 2001
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FOREWARD
of vitality from the city. Abandoned and improperly maintained buildings are
prevalent throughout the city of St. Louis. Even in the proudest neighborhoods, at
least one property casually wears the neglect of its owner. Tenants often live in
alleviate the problem. In the worst cases, entire blocks appear lifeless, with
phenomenon, if unchecked, has the potential to turn St. Louis into a haunted
town.
effect on St. Louis neighborhoods - has been in the public eye in the last year.
During his election campaign, Mayor Francis Slay made this issue a key
component of his platform. A news item on KSDK on March 23, 2001, focused
on a woman paying rent to one landlord, only to discover that it was really owned
by another landlord, and that the property had been foreclosed on. On March 17,
2001, Missouri Attorney General Jay Nixon cracked down on several building
December 27, 2000 article in the Riverfront Times focused on how Jack Krause
- an absentee landlord with major property acquisitions along a single block - had
a detrimental affect on the 4400 block of Vista in the Forest Park Southeast
Neighborhood.
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this problem. The white paper is the result of hard work, research, collaboration,
and input from various sources, including landlords, property managers, housing
of St. Louis that attracts and retains young people. After examining the absentee
adversely affect the city's ability to attract and retain young people. The issue
affects the city on various levels, from stability and aesthetic life of a
neighborhood to its impact on the health and welfare of city residents. This paper
will outline the incentives and disincentives for "absentee landlords," discuss the
overall impact on the city and its neighborhoods, and propose specific policy
DEFINITION OF TERMS
For the purposes of this paper, we will distinguish among four distinct
"types" of landlords. First, resident landlords are those who reside within the
properties they own (making them "owner-occupied"), and who reinvest earning
back into the properties. Non-resident landlords do not reside in their properties
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(or on the premises), but reinvest financial resources back into the properties and
reside on the premises, but do not maintain an active interest in the properties
and grossly neglect and demonstrate apathy towards them. Finally, slumlords do
not reside on the rental properties they own, neglect their responsibilities for
management. They do not understand the scope of their responsibility. They tend
perform their duties adequately. These people usually can be assisted through
landlords and slumlords (who can be considered malicious landlords). They are
reduced rates through foreclosures and/or tax sales. Then, they may perform low
density. They commonly refinance their properties for more than their initial
investments in them and retain the difference without paying additional taxes.
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their property. They will accept any tenants (especially Section 8 and/or
clients do not require screening for admission, this may facilitate malicious
them for any reason other than non-payment of rent. Usually, there are no
maintenance on the structure. When cited for building code violations, malicious
economically exploited and the malicious landlord will abandon them when
disinvestment is complete.
about their properties, their responsibilities for them and housing codes. In
landlords may reside on the premises they own, many reside some geographic
distance from their property). Often, malicious landlords create a "paper trail" to
make contact difficult (e.g., listing a vacant lot as a mailing address). Finally,
malicious landlords lack accountability and are irresponsible with their properties,
The primary quality that distinguishes malicious landlords from their more
property ownership. Malicious landlords believe that renters are "less than
human" and therefore disregard the safety and comfort of their tenants. Malicious
landlords also tend to avoid renting to stable tenants, refuse to control tenant
maximize their own economic gain, malicious landlords may try to thwart any
tend to disregard housing-related legislation and city codes or fight them when
challenged.
Neighborhood residents, rather than tenants, usually are the people who
property is a "gray area" since visual confirmation may or may not be enough to
indicate problems. Often, problem properties have multiple health & safety code
malicious landlords) are identified. A private citizen contacts the Citizens' Service
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order for inspection, and a housing inspector visits the property to examine the
unstable foundation), the property owner is notified by letter and is given 30 days
extend the deadline; otherwise, the property owner may be summoned to the city
Housing Court.
move in secretly, in the evenings, etc. Inspectors vary in quality, and some can
miss potential building faults (e.g., not seeing poor roofing when examining the
overall structure). When violations are found, property owners typically have 30
days to perform needed repairs, although this is a "good faith" standard and not
always adequate.
landlords and property owners and problem properties. For individual landlords,
and to determine who owns a particular property, one can access the city
Assessor's office, either going there in person or by using the online search
landlords use such strategies as false addresses and multiple corporate holdings
to avoid detection. Also, City Ownership of Property web site information often is
Although the city Housing Court has been a last resort in dealing with
cases, the court can be too lenient when dealing with problem landlords.
make repairs. In certain situations, it may cost less to pay court fines than to
make appropriate repairs. If a landlord cannot be located and/or does not appear
in court, a bench warrant may be issued and the judicial process may be
extended for six months. In cases involving tax foreclosure, the city can receive
abandoned properties, bringing them under the aegis of the Land Reutilization
Authority.
There are several concerns, however, when dealing with properties held
by the LRA. First, the agency was not established to handle properties on a long-
term basis, and thus frequently fails to achieve the proper maintenance of
including a time line for completion, and other supporting materials. Although
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most tax-foreclosed properties do not become available for "tax sale" for three
years, this delay in sale of these properties allows the abandoned buildings to be
stripped to their foundations and looted of various assets, including toilets, sinks,
fireplaces, and pipes. After three years and with no purchaser of the properties at
a tax sale, the buildings are then received by the LRA, which does not have the
resources to prevent further decay of the structure. The LRA can only trust for a
One major criticism heard by the authors of this paper is that landlords too
often have been presented as the "bad guy," while inappropriate tenant behavior
property owners (and property managers) are responsible for the overall
interventions can be performed. Proper tenant screening - the primary method for
malicious landlords perform only cursory credit and police screening of tenants.
landlord packets to people who request such materials. Although tenants do not
various sources, including Housing Comes First, the NSO, and the Missouri
prior to 1978, the property owner must furnish a prospective tenant a completed
Based Paint Hazard" Statement and the booklet "Protect your Family From Lead
In Your Home." If the disclosure statement indicates that the owner has an
inspection report, then a copy of the report must be given to the prospective
tenant. The tenant and owner must sign the disclosure statement and each
keeps a copy. If such an inspection has never been performed, the owner must
disclose that the status of the building is "unknown." However, there are gaps in
this system, since malicious landlords may not perform the necessary paperwork,
so. Some landlords do not see lead abatement as a problem and refuse to deal
with the issue. Other major factors keeping property owners from following
Louis neighborhoods, authors of this paper consulted with and sought input from
areas of the city, viewing the problem from a variety of angles, were interviews
for broad perspectives. Members of Metropolis St. Louis were asked to provide
their insight and to examine the "ground level" effect. Several representatives
from landlord associations provided input as well and clarified city policy when
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from appropriate social service agencies dedicated their time and insight into
the initial launch of this project to the revival to its completion appears at the end
of this paper.
can ruin a block.” Over a period of time, one improperly maintained and/or
utilize “the system”, can cause a loss of middle-class, “decent” citizens from any
given area). As a result, property values for the surrounding properties decrease
and the malicious landlord benefits from lower property taxes. Other property
“another good one has gone” results in a gradual disenchantment with the
cohesiveness and become places where (to use St. Louis slang) people tend to
Another, more insidious, effect has been the correlation between health
issues and the prevalence of abandoned properties and vacant lots. Various
ZIP codes with a great prevalence of abandoned properties and vacant lots:
63118, 63107, and 63113. In ZIP codes with large numbers of vacant lots and
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poisoning, avoidable hospitalization (e.g., asthma and high blood pressure) and
eight to ten years ago. However, these landlords are becoming less of a problem
Earlier, a city program allowed residents landlords who acquired a property “next
Perhaps the greatest asset has been the creation of a new Housing Court
equipped with a “resource bank” for landlords who cannot afford or do not have
by problem properties. One such strategy has been the reaffirming a sense of
“community” among residents not only to reestablish cohesion but also to monitor
entitles, including the NSO, the Citizen Service Bureau, the alderman, and other
programs like Sustainable Neighborhoods and Weed & Seed. There seems to be
an inverse correlation between owners who occupy their buildings and the
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several kinds of properties this might not always be workable. In those cases,
greater screening criteria for property owners would help to identify problem
improvement also would act to counteract this trend. A revitalization of the "next
door" program for property owners to acquire adjacent space and/or properties
also would help stem the tide of malicious landlords. City policies that encourage
allow for gradual improvement and stabilization to become the norm rather than
the exception.
We suggest several other strategies for dealing with rental and other
properties in order to curb the tide of malicious landlords and problem properties.
extremely helpful. (Tax incentives might be one means to execute this idea).
solicitation, along with resources for financial assistance for making appropriate
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repairs, also might work to diminish problems. One idea for a potential tenant
Professional Regulation has a web site that lists real estate brokers and realtors,
problem tenants.
the way the Land Reutilization Authority is run. As it stands, problems have been
reported with the city's mandates for property rehabilitation. For example,
the LRA might make a gutter repair or replacement, ordinarily a low priority, a
to three years before the LRA receives a property for disposition. Although due
process should not be denied, shortening the length of time for a "tax sale" might
also be judicious.
One critical concern is the risk of retaliation to a tenant who calls for an
(gas, water, electricity, etc), for reporting of lead problems or building code
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violations. However when some tenants complain to the city about code
violations, their landlords may order them to vacate since the landlords can do so
at any time without cause. Given the subject of problem properties, this may
malicious landlords often will not perform appropriate repairs and intimidate
empowering tenants to take a more assertive stance when dealing with malicious
landlords.
Within the past two years, there has been critical city legislation that has
(including landlords). These laws may prove potentially helpful. First, property
owners (including landlords) will be charged under city ordinance # 64678 a two
hundred dollar ($200) semi-annual registration fee if their property has been
vacant for at least six months and which is in violation of the Building Code of the
City of St. Louis. City Ordinance #65194, signed into law by Mayor Francis Slay
on May 3, 2001, requires all owners of real estate to inform the city of St. Louis
the street address of the principle place of residence for every owner of said real
estate. A post office box shall not be accepted as a residential street address. A
corporate officer will have to furnish his or her place of principle residence. This
intends to diminish the "paper trail" that malicious landlords tend to hide behind,
give them greater accountability, and inspire a greater sense of investment and
"nuisance crimes" - small crimes that nonetheless affect the quality of citizens'
lives. The new Housing Court refers Housing violators to a resource bank which
violator does not appear in court or does not comply with the court's
can sentence the offender to either community service or jail. Although this
system is new and the outcome of its efforts has not yet been measured, this
new approach encourages St. Louis property owners to maintain their properties
(those who are undereducated and may be "over their heads" in maintaining
Several informal ways of networking also exist, from current city offices like the
professional landlord associations. (In addition, the NSO runs a yearly landlord
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regional landlords).
must be careful not to turn them into a "straw man" in avoiding other issues.
Tenant education materials are critical and, as of this paper, Metropolis St. Louis
is collaborating with the NSO on a "Good Tenant Guide" to inform young people
CONCLUSION
landlords and problem properties in the city of St. Louis. The incentives, impact
and implications on policy have been presented. However, any statements made
in this paper should be considered the latest but not the last word. St Louis is
adopting many ways of dealing with this current phenomenon. If the city is to
cohesion. Attempting to revitalize the city of St. Louis is a task that will require
ACKNOWLEDGEMENTS
This paper was the result of the hard work and dedication of a diverse
group of people This is an attempt to say a collective "thank you" for those who
helped complete this project, and any apologies to those who are unmentioned.
First, I would like to express my sincere gratitude to Dave Drebes & Judis
Santos, who initiated the project, and then handed me the reigns. It was a great
opportunity, and I thank them for bringing it to my attention
Extensive thanks are also expressed for those Metropolis members
involved in the initial phases of this project in 1999, and who did much
preliminary work. You left an excellent foundation to build on and move forward.
Next, I owe Michael Chance a great debt - it was his insight into city
policy, and well as his conceptualization of these issues, that informed and
influenced the thinking of this paper. Thanks
Hearty thanks to Dena Hibbard, Jim Hogan, Kathryn Woodard, and Joe
Squillace, who took time out of their busy schedules to discuss these issues and
share their insights.
The bulk of the credit goes to the members of the Metropolis Absentee
Landlord Project, who helped bring this project to completion. My sincerest
gratitude to Faith Barnes, Janet Becker, Elizabeth Braznell, Mike Daus,
Alderman Jennifer Florida, Marti Frumhoff, Dan Glazier, Jennifer Heggemann,
Renee Hofer, Chris Howard, Maheshi Joshi, Kathleen Kelly, Jim Magnus, Angel
McCormick, Scott Mills, Graham Prichard, Brooke Roseberry, Josh Reinert,
Brooke Roseberry, Amy Shehi, Jason Stone, Steve Wilke-Shapiro (whose maps
helped prove a picture truly is worth a thousand words), and Ajay Zutshi for their
time, attention, and insight. Thanks for your help, your guidance, and your
allowing me to fill your e-mail boxes.
In addition, several organizations also lent their time and support,
including Housing Comes First, Adequate Housing for Missourians, the
Neighborhood Stabilization Office, Legal Services of Eastern Missouri, and the
St. Louis Realty Property Owners Association (who graciously printed and
distributed this paper).
Special thanks to Doug Carr; Marlene Weeks, and Jim Magnus for their
time and effort proofreading the paper, helping to make it readable and accurate.
Gratitude is also due to the Metropolis Steering Committee, who helped
facilitate completion of this paper.
Finally, hearty thanks are due to my assorted Metropolis friends for their
emotional and moral support. From the former coworker who listened to my
worries taking on this project to the friend who mentioned that I had been working
on it "forever", I was blessed with those who believed in the project and gave
their support. You may not have done any direct work on this paper, but you
provided something even far more valuable.
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BIBLIOGRAPHY
St Louis Landlords
http://www.stlouislandlords.com