Code: Faced With Jail Time, Landlords Begin to Pay Up

For the better part of a year, one negligent Port Chester landlord kept her court case pending and her wallet closed -- until she realized she could end up in jail.

The landlord, Aquilina Letona, owns a home at 258 Madison Avenue. Tipped off by a complaint, inspectors found illegal apartments in the basement and attic of the house early this year.

From January -- when Letona first appeared in court -- until late October, code enforcement staff met with the landlord on eight separate occasions for court dates, inspections, paperwork and negotiations.

They provided her with information on how to legalize her property, met with her when she changed her plans seven months into the process, and were ready to hand her a new Certificate of Occupancy after a final inspection showed Letona brought her house up to code.

By Oct. 13, everything was in place -- except for a $5,000 fine and a guilty plea. Letona told prosecutors and her own attorney that she didn't have the money to pay the fine.

That's when prosecutors told Letona if she didn't pay, she'd go to trial and could end up in jail.

"Although she said she had no money, once she was faced with the reality of going to jail, she pulled out $5,000 on the spot," said Christopher Steers, assistant village manager.

Letona's case is just one example of a new tactic the village is using to tackle its and . As landlords delay inspections, postpone court appearances and drag the process out in the hopes that the village will give up, cases are taking longer than ever to resolve in court.

Thirty-nine cases have had a court life cycle of 13 months or more, according to the latest quarterly report from the Department of Code Enforcement. Another 29 have been in court for 10 months to a year.

But once landlords realize current enforcement efforts have real legal teeth behind them, they can opt for an agreement. Negotiation can expedite the process of resolving a case. When a landlord is ready to cooperate, both sides move toward a settlement.

The agreements trade off "stiff but reduced fines" for compliance, according to the quarterly report, and a way to reduce caseload in the courts. They also allow the village to exercise control over landlords -- if a landlord gets caught breaking the law again during a probationary period, the deal falls apart and they could face a new court trial.

In October, village prosecutors were able to settle 21 old cases and collected $55,000 in fines through stipulation agreements. When it comes to choosing between parting with their money and spending time in Westchester County Jail, landlords are finally paying up.

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Related:

• On Overcrowding and Illegal Dwellings, Port Chester Aims to Hit Landlords Where It Hurts – In Their Wallets
• Code: PC Landlords Have Ignored 199 Inspection Notices
• 'Wall of Shame' Logs Illegal and Unsafe Housing Offenders in Port Chester

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