WPCNR THE HOUSING NEWS. By John F. Bailey. February 15, 2006: The Big Three of Housing Code Enforcement in White Plains, Building Commissioner Mike Gismondi, Fire Chief Richard Lyman, and Chief Building Inspector Tony Magnotta updated the Council of Neighborhood Associations on the state of the White Plains Safe Housing Task Force and illegal housing issues Tuesday evening. Residents received warning that illegal apartments were proliferating in neighborhoods where they have not been seen before.

Big Three of White Plains Housing: Chief Building Inspector Anthony Magnotta, Commissioner of Building, Mike Gismondi, and Fire Chief Richard Lyman briefing the Council of Neighborhood Associations Tuesday evening. Photo, WPCNR News.

Magnotta warned the Association representatives in attendace at 5 Homeside Lane,  that a new trend is being seen: attempts to house multiple families in homes in any neighborhood in White Plains.

Magnotta hoped that all neighborhood associations should be aware that any home in their neighborhood could possibly be converted to illegal rooming houses. He said the Building Department is seing more neighborhoods other than Battle Hill, Fisher Hill, and North Broadway.

Magnotta traced part of the “moving on up” of illegal occupancies to unscrupulous realtors and attorneys, whom he said misrepresent the properties they are selling to buyers as being legal rooming houses.  Magnotta encouraged buyers to have their title companies carefully review the uses of properties being considered for purchase. Magnotta cited the case of one buyer who purchased a 4-bedroom  home for over $700,000. The buyer discovered after taking title that  the rented rooms within the house were illegal, severely limiting the new owner’s ability to pay the new mortgage.

10 to 15 Under Investigation at this Time.

Inspector Magnotta reported that 10 to 15 locations in the city are under active investigation and surveillance at this time and the Building Department was building cases against these properties for unsafe or illegal housing violations. Magnotta said he could always use more inspectors, but that his team of 3 was very savvy, knew what to look for and knew how to inspect and document violations without violating civil rights.

Magnotta reported that the Building Department has through their investigation techniques (made at any time 24 hours a day, 7 days a week), have accounted for 3 of every 4 housing violations over the past 2-1/2 years the Safe Housing Task Force has been active.  

Mike Gismondi noted that the Fire Department regular inspects all buildings over three floors occupancy, but does not inspect two floor residences (two family, one family homes ).

Fire Chief Lyman reported that high rise apartments, garden apartments, town houses, high rise co-ops are routinely inspected by fire department personnel for smoke detectors in bedrooms, entranceways and hallways, perge detectors, standpipe connections, sprinklers. Gismondi and Lyman discounted the possibility of persons subletting coops, creating overcrowding,  because of the scheduled inspections the fire department conducts on a regular basis. "If you do it, you will be caught," Gismondi said.

Respecting Civil Rights.

Gismondi added that when building inspectors approach two-family homes suspected of containing violations that the owner is contacted and an appointment made because Building Inspectors do not have the rights to enter  residential homes and persons’ apartments there without permission.

However, when reports are made to the Building Department by the police and fire departments based on calls made to premises for other matters, the inspectors know what to look for when they return to the premises for a meet with the owner. Magnotta said the Building Department has prosecuted 600 cases, and never been cited for a civil rights violation.

Code Not Weaker.

The Commissioner of Building, Gismondi denied allegations that White Plains codes were weakened when it adopted state codes. Gismondi said the White Plains code requires smoke purge systems for halls and stairways of new multiple dwelling and business construction, sprinklers, standpipes within the buildings, and smoke detectors in all bedrooms, which are not required by the new state codes.

He said it was not true that today’s  plastic pipe, recently approved for use in new construction of multi-dwelling units, (metal pipe is still required in single and double family residential buildings), by the City of White Plains, created carcinogens and noxious smoke when it burned. He noted that for any sprinkler or water plastic pipes to get hot enough to burn would mean the fire was so catastrophic that no one would survive anyway. “Testing does not show PVC pipe is carcinogenic,” Gismondi said.

Cooperative Effort

Gismondi said the Building Department is usually called out to locations where violations are found by police and fire department personnel on other matters. Upon making an appointment with the owner of a building where unsafe or occupancy violations appear to exist, the building department inspectors work with the owner to bring that owner into compliance. Gismondi said the Building Department is seeing unsafe conditions where families are being exposed to carbon monoxide, and faulty wiring, and in one case, 8 persons were living in one room.

Fire Chief Richard Lyman said 80% of fires start in single residential homes, and that the number one cause is cooking, and the number two cause is heating. Lyman said his fire inspectors supply smoke detectors when they discover bedrooms and halls of buildings which do not have them, citing 90 cases over the last 2-1/2 years where smoke detection violations were missing. The Fire Department installed 85 smoke detectors in those residences.

Gismondi reported that most owners who are under fire for frequent violations are now seeking to sell their properties because of the ongoing code enforcement program. Tony Magnotta offered the possibility now based on legislation, but never tested as a remedy in the courts,  that the city could eventually take a consistent chronic violating owner and seize his or her property in the future.

Gismondi suggested neighbors report unusual comings and goings or situations which might indicate overcrowding in homes in their neighborhoods. For the record, Fire Chief Lyman informed the audience Fire Department response to anywhere in the city was 4 minutes. Mike Gismondi also noted that cities throughout the country are calling White Plains asking about their Safe Housing Task Force program.