Burlington landlord still defies city

Schuyler Enright sleeps in a bedroom that Burlington housing inspectors have declared unfit for human habitation.

"It's definitely not fair," Enright said. "It's frustrating."

Enright and her roommates, all juniors at the University of Vermont, since September have withheld rent for their apartment at 34 Colchester Ave. Housing inspectors discovered 21 code violations there this month.

Their landlord, Soon Kwon, has for years been a thorn in the side of housing inspectors and Code Enforcement Director Bill Ward, who describes Kwon as among a small number of problem landlords in Burlington.

Ward has tried civil tickets and re-inspection fees of $1,740 this year but concedes enforcement efforts to date have failed to persuade Kwon to bring his properties up to code. Ward in September referred Kwon's case to City Attorney Eileen Blackwood for possible criminal prosecution. Her office has yet to take action.

As Blackwood mulls her next step, violations at Kwon's buildings continue to pile up.

The struggles of two city departments to police a landlord who draws frequent complaints illustrate the daunting task facing housing inspectors. Around 60 percent of Burlington's 42,000 residents rent from a stock of roughly 10,000 apartments, each of which must be inspected every one to five years. Ward said only a fraction of landlords neglect their properties, but repeated inspections strain Code Enforcement resources.

Kwon owns four properties in Burlington: 34 Colchester Ave., 40-42 Colchester Ave., 66-68 South Union St. and 41 South Willard St. All have outstanding code violations. The grand total: 94.

The slew of violations reads like a tenant's nightmare: trash accumulation, lead paint violations, faulty wiring, broken plumbing, obstructed emergency exits, mold, cracked windows, rotting siding, defective heating units and, in one case, a pigeon infestation.

Kwon maintains, as he has in interviews with the Burlington Free Press since August, that he intends to fix only problems he believes create serious health or safety hazards.

"In most of the buildings, I took care of all these health and safety issues already," Kwon said. "I don't know what they are talking about."

Kwon said he objects to violations he views as less serious, such as one at 34 Colchester Ave. that notes an exterior door fails to lock.

"They don't need a doorknob," he said. "They just need to push the door, and the door opens out."

Kwon said he believes Ward and Code Enforcement have singled him out among landlords in Burlington. Ward denies the allegation.

"They're harassing me," Kwon said.

Students exasperated

Enright and her roommates, Aimee Rice and Emily Sanders-Demott, were excited to move into their first off-campus apartment, a rite of passage for University of Vermont upperclassmen.

For the first few months after their lease began in June, the students enjoyed their new home, which is across the street from campus. Then they said the problems began.

The kitchen ceiling became wet. A light fixture fell to the floor. The students discovered broken electrical outlets. A toilet stopped functioning.

Enright contacted Code Enforcement in October after the outlet that powered the refrigerator failed. Housing inspectors arrived and discovered a series of violations — including one they said posed an immediate danger. According to an Oct. 19 Code Enforcement report, housing inspectors found a extension cord, modified to have two male ends, used to backfeed electricity from a live outlet to a dead outlet.

Had Enright or her roommates unknowingly attempted to remove the cord, housing inspectors told them they could have been electrocuted.

"We were messing with all those cords, and we didn't know that was dangerous," Sanders-Demott said.

After discovering the unsafe wiring Oct. 19, Ward emailed Kwon and said inspectors would intervene because the cord needed to be removed immediately. Kwon responded later that day and said he saw nothing wrong with the wiring.

"This configuration is safe to use and well-protected just like any circuit breaker as my licensed electrician said," Kwon wrote to Ward.

Ward forwarded his correspondence with Kwon to the students, who shared the emails with the Burlington Free Press.

Without the extension cord, Enright's bedroom had no working electrical outlets. As a result, Ward posted a sign on her bedroom door declaring the room unfit for human habitation until Kwon hires an electrician to make repairs.

Ward, who has found his office at odds with Kwon several times since Ward became Code Enforcement director in 2010, said he saw changes in behavior from Kwon at a recent re-inspection of 66-68 South Union St.

"I had seen some improvements at the property from a previous inspection," Ward said.

Yet violations remain. Eight inspections from August 2014 to this August identified violations at 40-42 Colchester Ave. At the most recent visit, on Aug. 12, inspectors found 25.

Patricia Wehman of Code Enforcement said inspectors issue re-inspection fees ranging from $60 to $200, which usually persuade landlords to make repairs. After more than $1,000 in re-inspection fees this year at 40-42 Colchester Ave., housing inspection reports detail 21 outstanding violations.

'You will hear from my attorney'

Enright and her roommates have withheld rent since September — and instead placed their checks in an escrow account.

Because he has failed to correct violations identified by housing inspectors, the students believe Kwon has failed to honor his obligations as a landlord.

Kwon on Oct. 7 sent a letter in which he advised the students against taking legal action.

"As far as I can see, you do not have a case," Kwon wrote, accentuating the second clause in bold face. He continued: "Please do not get tangled up with legal issues. The legal cost is something you should avoid whenever you can."

Kwon concluded by informing the students they would "hear from my attorney very soon."

Enright, Rice and Sanders-Demott said they feel intimidated by the letter.

"We're 20 years old. We've never been to court," Enright said. "I think he's trying to scare us."

A reporter read the letter to Jessica Radbord, an attorney with Vermont Legal Aid who often represents tenants. Radbord said she believes Kwon was within his rights to pen the letter but said the note could have a chilling effect on tenants.

"As someone who represents tenants, do I like seeing that sort of thing? No," Radbord said. "It seems like the landlord is trying to dissuade them from taking legal action they are entitled to take."

Kwon denied threatening the students and said he wrote the letter to inform them of their responsibilities as tenants.

Radbord said Burlington's anemic housing vacancy rate, which hovers around 1 percent, tips the balance of power toward landlords. Tenants fear ruining their relationship with a landlord, who could imperil their chances of finding better housing in the city.

"A lot of tenants get trapped in junky apartments because a landlord won't give them a good reference," Radbord said.

Landlords often have many applicants to choose from, she said, and have little incentive to rent to tenants with a bad reference.

Enforcement tools

More than 50 days have passed since Ward forwarded Kwon's case to the City Attorney's Office. By law, a landlord can be charged with a misdemeanor for failing to comply with an order from the Code Enforcement director.

City Attorney Eileen Blackwood said she has yet to decide how to proceed with the Kwon case.

"Unfortunately, the litigation process takes time," Blackwood said. "We have to look at all the evidence and analyze the legal case before we file anything."

Mayor Miro Weinberger, who said in September he had serious concerns about Kwon's practices, reiterated recently that the city remains committed to holding landlords accountable.

"While I am frustrated that the litigation process takes as long as it does, successful legal action requires time-consuming due diligence and preparation," Weinberger said.

Weinberger noted Kwon in September settled with the city attorney to pay three tickets that housing inspectors issued in 2014.

But Radbord, the Vermont Legal Aid attorney, said fines might not be enough. Radbord believes lax city enforcement fails to provide problem landlords an incentive to change behavior.

"What are the consequences for the landlord for failing to comply?" Radbord asked. "Most of the time, they are minimal to none."

If the cost of paying fines is less than the cost of making repairs, Radbord said, landlords can choose to ignore violations.

"Unless there's more significant action taken against them, the cost of noncompliance is less than the cost of compliance," Radbord said.

Hope for a resolution

Schuyler Enright and her roommates, the tenants at 34 Colchester Ave., said they are willing to work with Kwon to avoid a court battle. If he fixes the violations that housing inspectors identified, the students said they will be glad to pay rent. They're even willing to hire a plumber and electrician themselves, so long as Kwon deducts the bills from their rent.

"We've had multiple attempts to try and get these things fixed, and he's not even attempting to cooperate with us," Enright said.

Should a date in court become unavoidable, the students are confident they will prevail. They are pleased with Code Enforcement's response to their complaints and believe the bevy of reports prepared by inspectors and testimony by Ward would persuade a judge to rule in their favor.

Rice said she and her roommates are close to signing a lease for a different apartment for their senior year and are eager to move on from their ordeal with Kwon.

Enright said she would have rented somewhere else had she known more about Kwon, and she offers advice to all her friends who are searching for apartment: "Make sure you know who you're renting from."

Kwon said he will fight the students' claims in court if necessary, and he remains unconvinced the City Attorney's Office will file charges against him.

"I don't think the city has any intention of doing that," Kwon said. "They're going to work with my lawyer to resolve that."

EARLIER:

Code Enforcement spars with Burlington landlord

Burlington considers prosecuting landlord

Contact Zach Despart at 651-4826 or zdespart@burlingtonfreepress.com. Follow him on Twitter at www.twitter.com/ZachDespart.