Volunteer Attorney Opportunities Help Fight Neighborhood Blight Michael Duffy, Esq. Legal Aid of...
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![Page 1: Volunteer Attorney Opportunities Help Fight Neighborhood Blight Michael Duffy, Esq. Legal Aid of Western Missouri 920 Southwest Boulevard Kansas City,](https://reader036.fdocuments.in/reader036/viewer/2022062417/5519c0f05503467a578b4b89/html5/thumbnails/1.jpg)
Volunteer Attorney Opportunities
Help Fight Neighborhood Blight
Michael Duffy, Esq.Legal Aid of Western Missouri
920 Southwest BoulevardKansas City, Missouri 64108
(816) 474-9868Fax (816) 474-7575
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![Page 3: Volunteer Attorney Opportunities Help Fight Neighborhood Blight Michael Duffy, Esq. Legal Aid of Western Missouri 920 Southwest Boulevard Kansas City,](https://reader036.fdocuments.in/reader036/viewer/2022062417/5519c0f05503467a578b4b89/html5/thumbnails/3.jpg)
![Page 4: Volunteer Attorney Opportunities Help Fight Neighborhood Blight Michael Duffy, Esq. Legal Aid of Western Missouri 920 Southwest Boulevard Kansas City,](https://reader036.fdocuments.in/reader036/viewer/2022062417/5519c0f05503467a578b4b89/html5/thumbnails/4.jpg)
O
Abandoned Housing ActWhat is it?
MO Statute, §447.620 et al.—allows a nonprofit organization to acquire vacant, blighted house that meets the following conditions…
What are the conditions?Unoccupied for at least 6 months by a lawful occupantTax delinquentNuisance
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Abandoned Housing Act
How It Works• Ground Work:
– ID properties that meet the AHA requirements (unoccupied, tax delinquent, nuisance)
– Conduct Property Research (Owner? Tax delinquency amount? Assessments?)
– ID rehabber to abate code violations, make property habitable & if possible, estimate cost to rehab
– Figure out who will pay costs associated with the lawsuit (rehabber? association?)
– Draft Petition (starts the process in court)
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Abandoned Housing Act
Case Processing[Uncontested Cases]
Request Title Report [$200-$300/ 3-5 days] Avoid clouds in title, determine all owners necessary to sue, verify all
city assessments/liens File Petition/Suit with Court [$112, sometimes $0] Give Notice to Owners of Filing Suit
Service by Mail ($0); OR Personal Service ($30 - $50); OR Service by Publication ($200- $250)
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Abandoned Housing Act
Case Processing[Uncontested Cases]
Do Rehab & File quarterly reports [cost & time varies]
Upon completion of rehab, move court for deed Court issues deed about three weeks after motion
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Abandoned Housing Act
Keep in Mind• Time:
– filing to possession: 3 months (uncontested cases)
– filing to ownership: 6 – 7 months (uncontested cases)
• Costs: – High: $800 + City
Assessments/Liens/Delinquent Taxes/Rehab
– Low: $600 + City Assessments/Liens/Delinquent Taxes/Rehab
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Abandoned Housing Act
• Break Down of Costs– Filing fee - $112– Service of Process - $0-$50-$250– Notice of Lis Pendens - $24– Title report -$200-$300 – Record deed - $24– Release Lis Pendens - $24– Rehab – $?
• [exterior/interior code violations, foundation, roof, windows, insurance during rehab, materials, labor, etc]
– Back taxes – $? – City Assessments – $?
• Weeds, trash, board ups, etc
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Before
After
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Legal Aid of Western Missouri Abandoned Housing Act Results
Approximately 110 lawsuits brought in past seven years
70% of owners/successors repair and occupy property
Approximately 20% nonprofit acquisition to repair and gain ownership
Approximately 10% still in negotiation or owners currently repairing
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Abandoned Housing ActConsiderations
• Filing Fees– Who pays?
• Suit is filed in name of association (not rehabber) – Title would go to association– “Prenup”: contract between rehabber and association
• Rehabber to finance rehab• Rehabber to maintain builder’s risk insurance• Create detailed scope of work/rehab plan• Association to give title to rehabber upon Court Administrator’s
Deed• Legal Aid attorney represents association
• Damage or vandalism to property during rehab• Home doesn’t sell – renters? Who is stuck with the
property?• Owner can come back
– Would have to pay all expenditures back• Quarterly Reports
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Advantages of the AHA Promotes property maintenance
Encourages surrounding homeowners to rehab and reinvest in their own property
Helps stabilize neighborhoods by remediating blight
Creates affordable housing and increases owner-occupancy
Gives neighborhoods leverage as owner must either reinvest in the property or lose it