January 12, 2004

Like many cities across the nation, Binghamton (NY) is constantly searching for new dynamic and creative ways to reduce crime and enhance the safety and security of our community. In an effort to target problem properties and provide immediate relief to residents living in neighborhoods in transition, the city enacted a Nuisance Abatement law, commonly known as a Lockdown Law, in 1995.

The Lockdown Law is a legal process that allows the city to close down troubled properties, evict criminal tenants and hold absentee landlords responsible for allowing their properties to transform into havens for illegal activity.

Any report received either from a resident, department head, councilperson or police officer requesting a check on a problem property causes the city attorney's office to obtain a one-year location history on the property.

A review of the location history either warrants a closer look to see if a lockdown is feasible, or easily shows a property does not have enough incidents to initiate a lockdown. Either way, a file is opened in Corporation Counsel so city officials have a reference in the future.

If the location history reflects repeated incidents, Corporation Counsel then obtains the police reports for each incident and compares them to the lockdown law. If there are at least three felony incidents (drug sales, arrests, illegal weapon possession, etc.), a property can qualify for a lockdown. The city then sends a warning letter to the owner. Then, attempts are made to work with the owner in resolving the situation.

If the property owner fails to resolve the situation city attorneys seek a court ordered lockdown from a city court judge. A property can be locked down for a maximum of one-year, during which time the landlord is unable to rent or generate any form of income from the property.

In order to reopen the property after the court assigned lockdown period, the owner must apply for a certificate of compliance from the Binghamton Code Enforcement Department. In addition, the city has also been granted the right to conduct criminal background checks on any individuals who try to rent the property.

Information on every property that Corporation Counsel has been made aware of that is close to having enough incidents to warrant a lockdown, but not quite enough incidents, is also sent to the Binghamton Police Department. The police are then instructed to inform Corporation Counsel of any incidents that occur at a specific property in the future. In essence, Corporation Counsel then keeps tabs on properties that are on the verge of being locked down.

In the eight years since Binghamton enacted this unique and dynamic approach: 18 properties across the city have been locked down. Many have been reopened are now problem free and are filled with new law-abiding tenants. The results of the lockdowns are that surrounding neighborhoods are being transformed into safe and stable living environments. Other properties are currently locked down and are on the verge of being reopened with the cooperative assistance of the landlord.

Many landlords are absentee, do not live in the targeted property, or live outside city limits. The Lockdown Law encourages them to be more proactive in the selection of potential tenants. In addition the Lockdown Law sends a powerful message that city will hold landlords accountable for what occurs in, on and outside any and all properties they own.

Since 1995, Binghamton's Lockdown Law has served as model for other communities. Local leaders see the overwhelmingly positive effect and impact the law is having in Binghamton and have adopted similar policies.

New York State Attorney General Eliot Spitzer has recognized and applauded the program, and has encouraged its implementation in other New York communities.

With problem properties being shut down, endless crimes have been averted, lives protected, and citizens made to feel at home in their neighborhoods. Binghamton's Lockdown laws are an effective and successful means of reducing crime and revitalizing neighborhoods in transition.

As the mayor of a city that has greatly benefited from crafting and implementing a Lockdown Law, I encourage other mayors to investigate the possibility of creating a similar policy in your respective communities. The Lockdown Law is a very effective tool mayors can add to their arsenal of crime fighting initiatives. Protecting the homeland starts by strengthening each individual community and by collectively maintaining a network of secure cities we can improve the safety of countless citizens.

For more information about Binghamton's Lockdown Law, please contact Gregory Poland, City of Binghamton Corporation Counsel at (607) 772-7013 or rdavid@clarityconnect.com.