MuniReg Blight Alert

Good Afternoon,

Please see below for recent developments and national best practices pertaining to vacant and abandoned properties. Please feel free to share with colleagues or anyone you feel would find of interest.

**For those new to these alerts. These are released bi-monthly (maximum). Emerging issues affecting one community may affect yours and creative solutions developed elsewhere could easily help you.

MuniReg seeks to understand a community's pain points in regard to "blight", and help to protect from and address the issue as needed.

This alert is for informational purposes only, to learn more about MuniReg’s solutions to assist local governments please contact?[email protected]

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Uncooperative Judge? Share this Perspective

In a November 2022 blog post we discussed that though property owners have rights that must be protected, the rights of neighboring property owners to be protected from the negative consequences of vacant or blighted properties, must also be protected.

This past summer, one of our clients discussed challenges with achieving support from the bench when negligent property owners were brought to court. Attempts at stronger enforcement such as using receiverships were rebuffed.

For this community, we drafted a document to be provided to the court, with the intent to provide not only a broader perspective but documented evidence of the negative impacts of blight. To view the document, please click here.

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In a similar vein, in a recent column, nationally recognized columnist, speaker and publisher John Newby (Building Main Street, not Wall Steet) focuses on the value of effective property regulation and enforcement, to mitigate blight and its effect on neighboring properties.

This articles follows a November 2022 article on which the aforementioned blog post was based. ?Newby focused on valuing and protecting the property rights of all parties, both those of owners of vacant properties and those of the negatively affected homeowners.

The November 2022 article/blog post can be viewed by clicking here.

The new article can be viewed by clicking on the following link. Local property rights play a crucial role?

Right Place Wrong Solution?

Baltimore MD has long struggled with vacant properties. While a new comprehensive plan with an investment of $3 billion was introduced (click here), it has its' critics (click here). In 2020 we discussed Baltimore using QR codes on vacant properties. Questions arose then of the actual value this would bring. A new initiative brings similar questions. Baltimore is launching a pilot using blockchain technology to record its vacant housing inventory.? While introducing updated technology is critical (the pilot represents “the first phase” of using blockchain in Baltimore), is this the area to introduce it? Blockchain is "a method of recording information that makes it impossible or difficult for the system to be changed, hacked, or manipulated." (https://simplelearn.com/). How will it help with "When properties become vacant, the existing process is “very convoluted,” Thompson told?Cities Today. It often isn’t clear who owns a property when people have passed away or moved many years ago."? Finally, if tracking down and getting property maintenance compliance for one owner is difficult, doesn't "tokenisation" (discussed in the article) make it more difficult? An expensive ($225,000) pilot program will bring the answers.

To view the article please click here.?

Creating Red Tape and Chaos for Code Enforcement?

Recent article discusses an emerging concern that is "creating red tape and chaos for homeowners."?

However in reality it is creating more red tape and chaos for code enforcement!

At least the article provides a solid solution.

In the interim code enforcement needs all the help they can get.

MuniReg is here to assist!

To view the article, please click here.?

Blight Reduction and Gun Violence

We have previously provided studies demonstrating the connection between abandoned properties/blight and crime, specifically gun violence.

Now a year after the most recent report, Philadelphia is implementing a pilot program that appears to be taking direct measures to simultaneously address both aspects.?

In a recent press release, Deputy Inspector General Adam Geer advocates for utilizing crime scenes as a guide for prioritizing blight cleanup efforts and expanding the cleanup to include the surrounding areas, that are contributing factors to the violence.

For more information, please click here.?

Florida Bill Going After Squatters

Following a story that received national exposure, State Representative Kevin Steele has introduced House Bill 621 in order to “close a legal loophole” protecting landlords from squatters and “adverse possession”

“Steele’s bill would not only remove squatters if they cannot produce a notarized lease or proof they are paying rent, but also would add criminal charges for anyone producing fraudulent documentation.”

For more information, please click here.?

Updates

Vandalism Fund

In May 2023 we reported on one community utilizing a portion of its ARPA funds to create a “vandalism fund” .

Now as the program is underway, an article in the News-Item provide additional details.

To view the article, please click here.?

Vacant Property Tax

Is a vacant property tax violating one's "right to keep their property vacant"?

In the beginning of 2023, San Francisco landlords filed a lawsuit challenging the validity of the Empty Homes Tax. On December 20, 2023, the San Francisco Superior Court ruled that the case would be allowed to proceed, even though the Empty Homes Tax has yet to be assessed or collected.

For more information, please click here.