New York Attorney general Letitia James has filed a lawsuit in State Supreme Court in Orange County against Bourne & Kenney Redevelopment Company LLC and All County Property Management Inc., to try to force them to clean up conditions at the Kenney Apartments complex at 55 Walsh Road in Newburgh.
According to the lawsuit, “Respondents have neglected their minimum obligations to maintain habitable conditions for the tenants at Kenney Apartments for years. Since at least 2023, tenants at the Kenney apartment buildings have lacked consistent heat and hot water. The City of Newburgh Code Enforcement has issued violations against Bourne & Kenney for mold, leaking sewage, unsafe electrical wiring, cockroach and mice infestations, peeling paint, and roof leaks. Approximately 160 code violations currently remain unaddressed at the Kenney Apartments”
James described the complex as an affordable housing development that is home to over 100 low-income families and seniors. Her office says that despite residents making hundreds of calls to management, dangerous conditions have not been fixed. Attorney General James is seeking court orders requiring the buildings’ owners to repair and resolve all violations, as well as pay restitution for tenants and other financial penalties.
“It is outrageous that the Kenney residents have suffered in dangerous and inhumane conditions while their landlords ignored their calls for help,” James said. “No one should be forced to endure a New York winter without heat or hot water. I am taking the owners of these apartments to court to get justice for the New Yorkers who have been cruelly neglected, and make sure they have a safe, clean, and warm place to live.”
According to James, residents have been forced to heat their homes by boiling water, leaving their ovens on, or installing space heaters, which have caused their electricity bills to skyrocket and put their safety at risk.
In describing conditions at the buildings, James noted that doors to several units do not properly close, causing a safety hazard and making the apartments even harder to keep warm in winter. Residents have also reported severely damaged floors with large holes in them, unstable stairs, sewage flowing out of toilets and into apartments, water leaks, peeling and moldy paint, exposed wiring, and broken appliances that have not been fixed in years.
The court order that James is seeking would would require the Kenney’s owners to:
- Repair all outstanding code violations and rehabilitate all previously condemned apartments within 30 days;
- Hire a heating systems and maintenance expert to assess the Kenney Apartments’ boilers and make recommendations for their repairs or replacement that would have to be followed within 30 days;
- Hire a licensed mold assessor and mold remediation contractor to develop and implement a plan to rid impacted apartments of mold;
- Provide housing for any tenant whose apartment needs significant renovations to bring it up to code;
- Provide restitution to affected tenants and pay additional penalties to the state.
In addition, the owners of the Kenney apartments would be barred from retaliating against any tenant who complained about unsafe conditions or obtaining any judgment against a tenant who withheld rent due to unsafe conditions. Attorney General James is also seeking the appointment of an independent monitor, paid for by the Kenney’s owners, to ensure compliance with the order’s requirements.
“Families and seniors at the Kenney Apartments were living in conditions no one should have to accept,” said Newburgh Mayor Torrance Harvey. “These are working parents, older residents, and neighbors who did everything right and still found themselves ignored by their landlord. When that happens, leadership has a duty to step in and insist on accountability.”
