Abandoned Buildings And Lots

Abandoned Buildings and Lots

Guide No. 64

by Jon M. Shane

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The Problem of Abandoned Buildings and Lots

What This Guide Does and Does Not Cover

This guide begins by describing the problem of abandoned buildings and lots, factors that contribute to the problem, and who is responsible for the problem. It then presents a series of questions that will help you analyze the problem. Finally, it reviews several responses to the problem and what is known from research, evaluation, and government practice.

Abandoned buildings and lots are a subcategory of the larger problem of physical disorder in a community. This guide is limited to addressing the harms created by abandoned buildings and lots. Related problems not directly addressed by this guide, each of which requires separate research and analysis, include:

• Abandoned vehicles
• Arson
• Drive-by shootings
• Drug dealing in open-air markets
• Methamphetamine/illicit drug labs
• Gang activity
• Graffiti
• Homeless encampments
• Illegal dumping/hazardous waste discharge
• Illicit sexual activity in public places
• Noise
• Rave parties
• Street prostitution
• Theft of scrap metal
• Trespassing
• Underage drinking

Some of these related problems are discussed in other guides in this series, all of which are listed at the end of this guide. For the most up-to-date listing of current and future guides, see www.popcenter.org.

General Description of the Problem

Definition

The term "abandoned building" connotes an image of a building that is unoccupied and in a state of grave disrepair, perhaps boarded up, strewn with trash, and scrawled with graffiti. Although a building may possess these attributes, which evoke fear and precipitate decline in a community, it is difficult to legally define "abandoned building" as there is no universal definition. Therefore, it is best to use a broad interpretation that includes a variety of properties and conditions.†

† For example, New Jersey's broad definition of "abandoned" requires a municipal public officer to first determine a property has not been legally occupied for 6 months. If the property meets this minimum threshold, it must also meet any one of the following additional elements to be considered abandoned: 1) it needs rehabilitation in the reasonable judgment of the public officer, and no work has taken place during that 6-month period; 2) construction began but was discontinued before the building was suitable for occupancy or use, and no construction has taken place during that 6-month period; 3) at least one property tax installment is delinquent at the time the public officer makes the determination; or 4) the property is determined a nuisance by the public officer. The determination that a building has been abandoned is interrelated with New Jersey's nuisance statute, which gives the governing body more flexibility in its determination. The definition applies only to buildings, not to vacant land or parcels. (N.J.S.A. 55:19-81, Determination that Property is Abandoned, Title 55 Tenement Houses and Public Housing.)

How terms such as "property," "vacant," "lot," "building," "abandoned," and "temporarily vacant" are defined delimits the legal remedies available for abating the problem.† The term "building" is important because accessory structures such as sheds and garages may not be included. To be classified as abandoned, a building must typically be a hazard to the health and welfare of the community; the owner must relinquish his or her rights to the property; and the property must be vacant for a period of time. Accompanying terms such as "evidence of vacancy" and "neighborhood standards" are both technical and legal. These elements make abating the problem more challenging because property laws are more protective of owners real property than say their automobile, which can be easily removed if abandoned.