The city of Rochester is suing a landlord who has accrued 536 code violations across his 13 properties, 388 of which remain unfixed.
In sheer number of violations per property, the level of disrepair is among the most profound seen since the city began ramping up its code enforcement efforts, and filing lawsuits against derelict landlords, in 2022.
The properties are spread across the city from the 19th Ward to North Marketview Heights. Violations range from needed repairs to walls with “holes and big cracks,” holes in a chimney, a roach infestation, missing handrails, no heat, a broken window. And they are becoming a drain on the city with “hundreds” of staff hours invested in inspections and fielding complaints about the blighted properties, according to the lawsuit.
“When the properties are occupied, they create hazards for those living inside,” the lawsuit reads. “When the properties are vacant, they create hazards for the surrounding community because the owners fail to secure the properties or prevent illegal occupancy and criminal activity.”
The complaint filed last week against Tal Levi, a New Jersey-based real estate investor who has purchased houses under multiple Limited Liability Companies or LLCs, alleges that the landlord has allowed his properties to fall into disrepair. None of the 13 residential properties have a valid certificate of occupancy, and the city has begun proceedings to demolish three of the properties.
Levi’s company, Barrus Realty, owns a portfolio of properties in Rochester and New York City. A call to Barrus Realty was not immediately returned.
“These properties and this owner have been on the city's radar for a while,” said Michael Furlano, housing attorney for the city of Rochester. “We've worked with the owner to try to get these properties repaired, he's had a few properties go through the demolition process. So, this is not our first instance with this owner and these LLCs. And time came where we weren't seeing progress.”
Levi and his LLCs own 54 properties in Rochester, according to city property records.
In total, the city is seeking $500 per day in back pay for every day that Levi’s properties did not have a certificate of occupancy. Across the 13 properties, that comes to about $3.7 million. Additionally, the city is seeking $500 per day for every violation that continues unabated, or $194,000 per day for the 388 violations.
Those are the maximum penalties possible, but the city is not expecting to get a judgment in that amount, Furlano said. Rather, Furlano said that sort of request speaks to the severity of the issues with the properties.
“The number of violations are rising, and our administrative remedies are kind of exhausted,” he said.
The threat of large fines is meant to push Levi to get the buildings up to code.
“The city's interest is we'd rather see the money go toward the repairs, but obviously there is going to be a financial penalty for not repairing the violations within the timeframes that we've already established,” Furlano said.
The complaint also seeks to block Levi from selling any of the properties until all violations are fixed.
It’s not the first time the city has sought massive sums from an allegedly derelict landlord. In October 2023, the city began a lawsuit against Rockland County-based landlord Meyer Hirschhorn. His 15 properties had accrued 470 code violations and amassed $131 million in fines.
Hirschhorn’s lender, Wilmington Trust, sued him in federal court for not paying his mortgage. Several of the Rochester properties were foreclosed on. Furlano said the city is currently seeking a settlement with the lender.
