MORRISANIA — A federal judge stripped a notorious landlord of management rights at what the city calls the "worst building" in The Bronx and slammed him for ducking on building repairs by filing for bankruptcy.
Seth Miller, the owner of 919 Prospect Ave, filed for bankruptcy on Dec. 22, about two weeks after tenants sued him for running a dangerous building, plagued by rats, bed bugs and poor heating, and asked a judge to appoint an administrator to oversee repairs, according to the residents' lawyer Stephanie Rudolph of the Urban Justice Center.
But at a bankruptcy court appearance on Wednesday, Judge Shelley Chapman grilled Avrum Rosen, Miller's lawyer.
"You just said that the reason you filed the case was to stop the tenants from moving forward with their relief," she said.
“You don’t get to file bankruptcy to prevent the occurrence of economic damage,” Chapman continued, adding, "Mr. Rosen, you know better."
Lawyers for the tenants stressed that their clients' hazardous living conditions vastly outweighed Miller’s financial concerns.
Rosen defended Miller's management of the building, saying repairs were being made, but Chapman remained skeptical of this argument.
"Why aren't these people just so excited and happy?" Chapman asked.
Tenants at 919 Prospect Ave. have complained of issues including bedbugs, lead paint, a lack of heat and hot water, and having to split time between apartments during renovations.
Public Advocate Letitia James dubbed it the worst building in The Bronx after it was cited for city housing violations 525 times in one year, and Miller is number 36 on her 2016 list of the city's worst landlords.
“I do not sleep because of this case,” Rudolph said, “and neither do my clients.”
Chapman ultimately ordered to have a Chapter 11 operating trustee put in charge of the building, who will take over management of it from Miller. The trustee is meant to be a neutral party, and the Justice Department will be taking recommendations going forward about who it will be.
Miller declined to comment on the ruling.
Rudolph was pleased with the decision but cautioned that they would have to wait and see how effective it would end up being at leading to actual repairs for the tenants.
"We're very optimistic at this point," she said, "but it's hard to say how it will play out in practice."
Tenant Caridad Maldonado, who complained of issues at her apartment including a leaky radiator, a broken toilet and holes in the living room floors, said she was thrilled with the verdict, saying it showed that someone was finally treating the tenants with respect.
"We weren't getting that before," she said. "We were being treated like animals."
James was pleased with the decision as well.
"By holding this landlord accountable, the tenants at 919 Prospect Ave. have sent a powerful message about the importance of organizing and fighting for what is right," she said in a statement.
"This is a victory for tenants all over our city whose landlords are attempting to take advantage of them using unscrupulous tactics."
