A long investigation into alleged overcrowded conditions at a house on Newton Avenue came to a head this week with the execution of a search warrant and the authorization of a lawsuit in State Supreme Court.
Town police and code enforcement officers executed a search warrant at about 6 a.m. Monday morning at 250 Newton Avenue, a home that had been the subject of multiple complaints to Town Hall by neighbors and, according to Town Attorney Erik Howard, had previously been issued tickets for not having a certificate of occupancy or building permits for “various alterations they did to the property.”
Town officials on Monday found “at least” 13 adults and one infant living in the home, with at least three adult males housed in a basement which had been divided into three “makeshift living quarters where personal belongings, mattresses and bedroom furnishings were observed,” according to a press release issued by the town supervisor’s office Friday afternoon.
The press release did not identify the address where the search warrant was executed, but Supervisor Tim Hubbard acknowledged in an interview that the Newton Avenue house was the target of the investigation.
The supervisor’s press release described conditions in the house.
“The occupants of the basement were sleeping on beds in close proximity to heater/boiler equipment and exposed wiring and insulation,” the press release.
“Investigators also found evidence that a detached unheated garage on the property was also being utilized as living quarters. Numerous violations of Town and State Building, Fire and Zoning Codes were observed including: overcrowding, exposed wiring, insufficient smoke detection equipment, inadequate egress paths, conversion of inhabitable space into living quarters without building permits or certificates of occupancy, and lack of rental permit,” the release said.
“These violations represent a risk to the safety and welfare of the residents of the subject property as well as the residents of the surrounding area and will not be tolerated in Riverhead,” Hubbard said in the press release.
The release did not say whether summonses were issued during or after Monday morning’s action. Summonses for town and state code violations are litigated in the town’s justice court and officials say the penalties the court is empowered to impose are not adequate to deter repeat offenders.
With clear evidence that can usually be obtained only by physically entering a property, such as under the authority of a court-ordered search warrant, the town is in a position to bring a lawsuit in State Supreme Court, which can impose stiffer monetary penalties and sign an enforceable order, called an injunction, to prevent the behavior from continuing.
The day after officials executed the search warrant, the Town Board authorized the town attorney to bring an action in State Supreme Court against the owners, tenants and occupants of the house at 250 Newton Avenue, and seek an injunction against its continued “illegal use, occupancy and/or maintenance.”
The resolution authorizing the lawsuit was adopted unanimously by the board at its meeting Tuesday night. It says the Town Board has determined that the property is being used and occupied in violation of various sections of the Riverhead Town Code and the state’s fire prevention, building and/or property code.
Neighbors living near the Newton Avenue house have been to Town Board meetings a couple of times this summer to complain about overcrowding there and other things, like illegal fireworks and a swimming pool allegedly erected without a permit and in use by many people.
One neighbor said at the July 16 Town Board meeting she had counted between 15 and 20 people living at the house.
“I moved into this neighborhood about four years ago — beautiful, beautiful place to live. My husband and I purchased the house. It was our first time purchasing a house. We worked hard and saved long for it,” said Antonia Turner. “And I’m just concerned about the integrity of my neighborhood. I want to be a good neighbor… And I just see the deterioration or the lack of caring for where they live. And that’s just my concern,” she said.
The town attorney’s office is pursuing multiple Supreme Court actions related to town code violations and alleged overcrowding conditions, according to the supervisor’s press release. The town also has approximately 12 pending cases in Riverhead Justice Court related to the same issue, the release said.
Hubbard said he and the Town Board “remain committed to ensuring the safety of all town residents and to improving the quality of life for all.”
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