News

January 19, 2010

W-B, code officer see suit over property

Man claims rental property shut down because enforcement officer Kratz doesn’t like him.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON – The owner of a Wilkes-Barre rental property has filed a federal lawsuit against Wilkes-Barre and city Code Enforcement Officer Frank Kratz, alleging Kratz shut down the property based on his personal animosity and disdain for the owner.

The suit, filed by attorney William Abraham, claims Kratz improperly entered a four-unit rental building owned by Kiran Patel at 82-84 Laurel St. on Jan. 17, 2008, and condemned the structure, forcing the tenants to vacate the premises.

The suit, filed Friday in federal court, is the second lawsuit Patel has filed against the city in relation to actions it has taken against properties owned by Patel.

Patel currently has a suit pending in federal court that alleges Kratz failed to provide Patel proper notification before he shut down the former Red Carpet Inn in 2008. The city and Patel recently filed court documents asking a judge to rule in their favor regarding that lawsuit. No decision has yet been made.

The latest suit alleges Kratz shut down the Laurel Street property based on his belief that Patel did not have a bi-annual rental inspection performed as required by a city ordinance.

Patel claims he had the property inspected in November 2007. He was notified he had to fix “small problems,” but was never given an inspection report specifying what had to be repaired.

Kratz issued a summary citation against Patel for failing to abide by the inspection ordinance.

Patel appeared before a magistrate in February 2008 and was found guilty. The conviction was overturned on appeal by a Luzerne County judge, the suit says.

The suit alleges Kratz violated Patel’s civil rights, including his right to due process, by arbitrarily entering his property and shutting it down without proper notice to Patel.

The suit further alleges Kratz’s actions were not based on the law, but rather on his personal animosity and disdain for Patel.

Patel says he suffered financial harm due to the loss of rental income. He seeks compensatory damages, as well as punitive damages.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

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