Rochester, N.Y. – On November 2, 2010, the city sent out 4,325 letters to property owners assessing a $100 “case management fee” for code violations that had been outstanding for more than a year.
Mary D’Alessandro, who owns a rental property on Emerson St., received one of the letters.
“I am sick and tired of being nickel and dimed and all the other residents being nickel and dimed,” she said. D’Alessandro is active in landlord associations.
D’Alessandro and five other property owners filed a lawsuit against the city over the fees. They suspect the city did not inspect all of those properties. They also claim they are not getting due process.
“They are imposing a penalty on me illegally without a fair trial,” D’Alessandro said.
City Council passed a law in 2009 that permits the case management fees. The intent of the law is to encourage property owners to keep up their residences and offset the cost of inspections and code violation cases that can drag on for several years. The fees sent out in November were the first the city assessed under the law.
Residents have 10 days to appeal the $100 fines.
City spokesman Gary Walker said the city was limited in what it could say about the situation, because of the pending litigation. However, he said that 583 people filed appeals and 392 had their fees voided. He said that’s evidence the system is working.
D’Alessandro’s attorney said it shows the opposite.
“Many of the people imposed a fee on were not guilty should never have paid a fee, but unless they protested within 10 days the fee would not be waived,” said D’Alessandro’s attorney, Michael Burger. “But even if they protested, after a citizen protested, the only way a citizen can fight a $100 fee, is to file a $210 lawsuit.”
D’Alessandro appealed and had her fee thrown out on the grounds her violations hadn’t been outstanding for more than a year.
“The government has to stop violating people’s rights,” she said. “They have to stop nickel and diming us on picky little crap. If they have a problem with their budget they should do what the rest of us do – cut back.”
Walker said the city sent out 265 additional case management fees in January.
