Run Down Neighborhood

[Giggi]

I want to know if I and the few remaining senior home owners in my neighborhood can bring suit against our local Planning and Zoning, Economic and Community Development (ECD) Office, and several rental companies for the deplorable conditions they have allowed to take place in our community. We (the home owners as a group have formed a Neighborhood Watch Organization and have pleaded with the police and ECD to do something about the gangs roaming our streets and all the condemned/abandoned properties within our area that are used as drug and crime havens. The police are trying to help but ECD has done nothing about making the owners of these run down properties do anything to clean up their lots and/or run down houses. We have been trying for YEARS to get them to cooperate. We are all retired, on fixed incomes, own houses that you couldn't begin to sell because of where they are located so we can't afford to move and we just feel trapped. Is there any help for us?

 

[Tracey]

Hi Giggi,

I sympathize with your problem. I've seen this kind of problem before. Unfortunately, the solution is never quick or easy. It is extremely difficult to get rental companies & city government on the same page. The neighborhood watch is a good idea. You might also suggest the rental companies hire private security to patrol the neighborhood. That's what one of my landlords did. The crack house was gone in 3 weeks and the neighborhood got lots nicer.

As to suing the government, here's 2 weeks of constitutional law in a nutshell for you. When you sue a government for some action it has taken or refused to take, you have to prove that the subject matter of your suit is NOT a 'political question.' The Supreme Court came up with the political question doctrine a few years after the constitution was ratified.

The basic concept behind the PQ doctrine is: The founding fathers went to a lot of trouble to create the separation of powers doctrine. The legislature makes the laws. The courts make sure the laws conform with the constitution. Thus, the courts can strike down a law that is unconstitutional. However, the courts CANNOT direct the government to pass a particular law, simply because the courts think it would be a good thing. WHAT law the legislature actually passes is a 'political question' that must be addressed not by suing the government in court, but by electing a new government that will repeal/pass the law you want.

In your case, you want to force the ECD to take certain actions. The ECD is a branch of the government. It takes its guidance from the city council. What priorities it sets and where it spends its money is a political question. Thus, if you want the ECD to change the way it administers its powers, you have to elect city council members who will tell the ECD to do things your way. You can't circumvent the electoral/legislative process by suing the ECD or council.

So, my best advice to you is to get politically active and very vocal to your council members.


Now, the PQ doctrine does not apply to the apartment owners. IF their actions are deplorable enough, you may be able to sue them for creating a nuisance by not screening tenants or renting to people they know are dangerous. You'd have to explore this more with a local real estate or nuisance law attorney to see how viable the private suit is. You may also have some success with demonstrations, negative publicity, street marches outside drug houses, and calling police at the drop of a hat. Ask your attorney what s/he thinks.


Sorry I couldn't be more encouraging,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.