Safeguard Properties - Tennessee Neighborhood Preservation Act Lawsuit

Tennessee Neighborhood Preservation Act Lawsuit

Monday, 19 May 2008

The Tennessee Neighborhood Preservation Act ( the"Act") has been in effect since July 1, 2004. As discussed in the below report from a local TV station ABC 24, a Memphis homeowner is using this legislation to sue the owners of vacant properties for the decrease in her property value.

Key points of the legislation:

The Act defines “Owner” as one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to property; or some beneficial ownership and a present right to use and enjoy the property
The Act provides enforcement rights to an Owner of residential rental property or an unoccupied residence when the property exterior and the lot are not being maintained at the level of community standards for residential property in that area
It is clear evidence that the property is not maintained at community standards, if the Owner has been cited for three (3) or more separate violations of local building and construction codes or property standards governing residential property within a one-year period and the owner has not brought the property into
compliance within such period.
An owner of residential property affected by the aforementioned blighted property (i.e., a neighbor or a landlord who purchased the property as an investment) may bring an action for damages against another Owner residential rental property or unoccupied residence in that neighborhood for failure to maintain the property to neighborhood standards
An act of nature, serious illness, or a legal barrier provides a valid defense to any cause of action brought under this Act.
The measure of damages is the difference between the value of the owner’s residential property, if the residential rental property or unoccupied residence were maintained at the community standards of the residential property in the area, and the value of the owner’s residential property because the residential rental property or unoccupied residence is not
maintained at such community standards. The plaintiff in an action under the Act must submit to the court two independent appraisals as proof of the value of the owner’s residential property, .
The provisions of the Act will only apply in any county having a metropolitan form of government which has a population in excess of five hundred thousand (500,000), or in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census.

Memphis Woman Sues Property Owners Over Rundown Homes

A Memphis woman says she is sick and tired of boarded up, rundown homes in her neighborhood. The woman is so tired of it, she is suing the owners of those homes because she says her property value has decreased because of the homes and she wants the absent homeowners to pay up.

The blight lawsuit is the first of its kind in the Memphis and several neighbors say they stand behind the woman's decision to sue.

One neighbor, C.J. Johnson, says he always makes sure his mother's yard looks good. He says it is too bad other homeowners don't do the same.

One yard in the Eastview Drive neighborhood looks as if it hasn't been mowed in a long time. Neighbors say no one has lived in the house for at least a year.

"It looks like people gave up on them," a neighbor said. "It's taken a lot away, a whole lot."

According to the Tennessee Neighborhood Preservation Act, owners of rental or vacant properties must maintain the property according to community standards. If the homeowners refuse, and a neighbor's property value decreases because of it, the neighbor can sue the homeowner to recover the difference in value.

Eyewitness News Everywhere went to the home of one of the owners of a vacant house to ask about it, but Sonja Jones-Fields was not home.

Other residents of Eastview Drive say they take pride in their neighborhood and support the lawsuit.

"Yeah, it's pretty good if they're not going to upkeep what's left there," Johnson said.

The plaintiff in the case is asking for $30,000 from the property owners, including one who lives in California.

According to records, Yoav Atzmon works in Los Angeles and also has an office in Beverly HIlls. In 1995, Atzmon filed for bankruptcy in California and according to Shelby County records, his Eastview Drive property has been cited 15 times for environmental violations.

"That's a real bad eyesore. It hurts my eyes looking down there," said Johnson.

Another local company listed in the lawsuit is North Chickasaw Parkway, Ltd. Eyewitness News Everywhere tried to speak to someone who works for the company but no one was available for comment.

The court documents have been served to the property owners and they have 30 days to take action, or decide to settle out of court, before the case goes to court.

To view the online report, please click here

To view a copy of the Tennessee Neighborhood Preservation Act , please click here

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 500 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico