Summary of Responses to Abandoned Buildings & Lots
The table below summarizes the responses to abandoned buildings and lots, how they are intended to work, under what conditions they should work best, and some factors you should consider before implementing a particular response. It is critical that you tailor responses to local circumstances, and that you can justify each response based on reliable analysis. In most cases, an effective strategy will involve implementing several different responses. Law enforcement responses alone are seldom effective in reducing or solving the problem.
| # | Response | How It Works | Works Best If... | Considerations |
|---|---|---|---|---|
| General Considerations for an Effective Response Strategy | ||||
| 1 | Preventing, managing, and reusing abandoned properties | Establishes successive and complementary program layers that address abandonment at different stages | ....an abandoned-property program includes a few responses from each category to ensure all dimensions of the problem are appropriately addressed | Police should secure a commitment from other government, nonprofit, and community groups to work cooperatively and share responsibility |
| 2 | Streamlining and coordinating local bureaucracy, reporting mechanisms, and infrastructure | Provides employees with better access to technical information, a broader knowledge base, and ability to make swifter decisions so implementation and execution are not delayed | ....task force personnel and materials are located together in a single facility or office; computer systems are integrated with Internet access | Physical space; establishing lines of authority, accountability, and reporting mechanisms, management and supervision for personnel who come from different agencies |
| 3 | Observing due process and developing capacity and support | Forces employees to think systematically and observe legal and administrative constraints, which helps avoid making decisions that do not follow prescribed plans | ....strategic planning is institutionalized and routinely used as a means to identify problem properties and written plans are used to formulate promising responses | Training in legal affairs, strategic and assumption-based planning are key; government should not overextend itself and risk losing intensity on individual properties or losing court cases due to overload |
| Specific Responses to Abandoned Buildings and Lots | ||||
| Increasing Effort | ||||
| 4 | Physically securing abandoned properties | Makes it harder for people to access the physical property and engage in criminal or disorderly behavior | ....crime, disorder conditions or injuries are reported at the abandoned property | Government may have to bear the costs to secure the property and may not recoup the costs even after |
| 5 | Altering environmental features | Makes it harder for people to approach the affected property and the surrounding area; sends the visual message that the area is properly governed | ....the changes are part of a master plan for redevelopment so the changes are systematic and permanent. | Government must weigh the costs and benefits as the costs of the intervention are not likely to be recouped from the property owner |
| Increasing Risks | ||||
| 6 | Initiating privatized public nuisance abatement lawsuits | Increases the risk that the property owner will forfeit the property and be subject to substantial fines if conditions are not corrected | ....acquiring an abandoned building or vacant property is part of a systematic strategic development plan involving residents and a community development corporation (CDC) | Must legally establish a CDC with statutory authority to act on behalf of the government; must reconcile city ordinances with state laws and home-rule issues |
| 7 | Aggressively enforcing building codes | Delivers the ultimatum that property owners must correct all code violations or their interest in the property may be liquidated | ....coupled with an organized property maintenance campaign, or neighborhood enhancement program; citizens are involved and able to easily identify and report abandoned buildings and occupied nuisance properties; private and nonprofit resources can be leveraged; it is proactive rather than reactive | Government must be willing to initiate legal proceedings and seek enforcement for failing to pay fines or address deficiencies; state law may compel the government to provide relocation assistance if the government orders occupants to vacate due to unsafe conditions; does not address buildings or properties that are sealed and maintained and for which property taxes have been paid; outside the gambit of systematic economic redevelopment |
| 8 | Establishing a mortgage fraud task force | Pools local, state, county, and federal law enforcement and regulatory agencies into a single group dedicated to prosecuting mortgage fraud and concentrating their efforts | ....all stakeholders supply personnel and resources to the task force proportionately | The task force may compete for priority and attention from police executives and elected leaders who would rather use police resources elsewhere |
| 9 | Creating incentives for responsible ownership and occupancy of abandoned buildings | The presence and respectable lifestyle of, for example, police officers and teachers in a revitalization zone are intended to reduce certain crimes and conditions | ....the available housing units are densely concentrated instead of widely dispersed, which may dilute the effectiveness | How "revitalization zones" are defined (i.e., the zone boundaries) will determine the concentration levels of available housing units; smaller and more compact zones are likely to have the greatest impact on crime |
| Reducing Rewards | ||||
| 10 | Acquiring properties through tax foreclosure | Acts as a disincentive for an owner to allow the property to deteriorate by seizing ownership, then working with developers to sell it or rehabilitate it and restore it to the tax rolls | ....the market value of the property does not exceed the cost of legal proceedings; the government partners with nonprofit developers and civic associations to revitalize the area | Government must be willing to absorb property tax losses until it can sell the property; some developers and real estate speculators may not rehabilitate the property but use it as a speculative investment leaving it in a state of disrepair while keeping taxes current; legal proceedings and due process are lengthy and cumbersome given that laws favor property owners over the community |
| 11 | Acquiring properties through an order of possession | Gives the government the ability to restore abandoned buildings to productive use, particularly buildings of historic or architectural character that are deteriorating | ....the taxes are current so foreclosure is not an option and eminent domain is not an option | Order of possession is a lengthy process; the government or third party should have the financial resources and willingness to rehabilitate the building in a timely manner |
| 12 | Promoting responsible property ownership through special tax sales | May keep speculators from acquiring property and leaving it to sit in an abandoned state; gives the government more flexibility to sell abandoned property | ....the government works cooperatively with a reputable developer or CDC to rehabilitate the building | Requires authorizing state legislation and may require a local abandoned property list |
| 13 | Acquiring properties through asset forfeiture | Acts as a disincentive for an owner to allow criminal activity to take place on his property by confiscating assets connected to the crime | ....the assets sought are not out of equity, or worthless | A written policy that defines the mission, legal boundaries, and necessary resources; community involvement; how "success" will be measured |
| 14 | Acquiring properties through eminent domain | Gives the government the ability to take control of a large area for redevelopment | ....costs to remediate any hazards (e.g., chemicals) are low and it is used in designated redevelopment areas instead of individual "spot blight" parcels | Cost of protracted litigation; political climate must be able to withstand the fallout from such a controversial approach; will cost the government to buy each property |
| 15 | Maintaining an abandoned property master list | Facilitates certain legal actions to take control of abandoned properties | ....doing so actually enhances the government's power over abandoned properties and is authorized by law | Creating and maintaining lists is time consuming |
| 16 | Acquiring properties through a land bank program | Provides communities with a pool of available property ready for development | ....it involves community members and regional governments that form a single entity with independent statutory authority who have a strategic vision and written economic development plan | A considerable investment in time, planning and shared expenses; changes to state laws and inter-governmental agreements among jurisdictions that share the land bank; overcoming political opposition to creating a special "authority" |
| 17 | Razing abandoned buildings | Removes unsightly and dangerous structures and clears the way for redevelopment | ....the government is relatively certain it will not recapture its previous population level and the property can be put to better use; it is part of a comprehensive redevelopment strategy | Government must be willing to absorb costs associated with demolition until it can sell the property; typically a last resort effort after a building has been declared a dangerous nuisance |
| Removing Excuses | ||||
| 18 | Registering foreclosed properties | Makes reaching responsible parties easier for conditions on their foreclosed properties | ....police and code enforcement work cooperatively as a single entity for enforcement | Requires authorizing legislation; government must be prepared for litigation if the agreement is not fulfilled; lending institutions may not maintain the property as required |
| 19 | Establishing an abandoned property early warning system | Gives the government an advantage of confronting a problem and a property owner before adverse conditions escalate | ....resources permit keeping the data current and taking action before the property is abandoned | Keeping current data is labor intensive; cost of creating a system where none exists |
| 20 | Educating owners/ landlords/place managers to facilitate voluntary compliance | Provides property owners with information on property rehabilitation, the probate process, and financing sources, as well as advice on how to prevent vandalism and other criminal activity | ....police and code enforcement have the time and resources to dedicate to training; supplemented by nonprofit groups and other government housing resources | Adequate and accessible facilities to host the training; strong cooperation with code enforcement officials |
| 21 | Establishing capital rehabilitation programs | Low-cost loans and grants create incentives for property owners to stay in their houses, and occupied houses create viable communities | ....the government can acquire state or federal grant funds and work collaboratively with nonprofit groups and banks; loans and grants should be conditioned on attending a foreclosure counseling class | Government should be willing to lien the property to recoup the financial investment if the property owner defaults on the loan |
| 22 | Conducting public education campaigns | Informs residents and others about how to report problems and issues with abandoned properties and potential hazards for children and adults | ....it is part of a comprehensive strategy to prevent abandonment, correct conditions, and reuse the property | Creating a series of interrelated messages: 1) how to report abandoned properties and suspicious activity; 2) abandoned properties for sale; and 3) risks and consequences for abandoning a property; may be costly to advertise and buy time; use multiple media outlets |
| Reducing Provocations | ||||
| 23 | Creating urban homesteading programs | Makes low-cost housing available by using buildings that would otherwise stand abandoned and facilitates squatters' compliance with the law | ....the government works cooperatively with civic groups that promote homesteading instead of squatting | The program must have legal authorization enacted by state statute or city ordinance |
| Responses With Limited Effectiveness | ||||
| 24 | Conducting government-initiated cosmetic improvement and cleanup campaigns | Improves safety and signals the government is serious about maintaining neighborhood aesthetics and character | ....the government is able to fund the initial maintenance effort and recoup associated expenses for improvements | Temporary, time consuming and costly; does not address the underlying problem; government should be willing to lien the property and endure protracted legal proceedings to recover the expenses |
| 25 | Conducting additional police patrols and enforcement crackdowns, and continually arresting offenders at problem properties | Provides short-term relief from crime and disorder conditions and reduces victimization | ....enforcement is coupled with other long-term strategies designed to abate the source of the problem | Compared to other police priorities, how much harm is caused by forgoing enforcement effort at abandoned properties in favor of enforcement elsewhere |
| 26 | Offering property tax incentives | Provides a midrange incentive for property owners to rehabilitate their property and restore neighborhood aesthetics | ....the government requires developers to sign a "statement of intent" that requires them to submit a written plan including milestones for development or face fines and/or property forfeiture | Some developers may not rehabilitate the property; rather, they use the property as a speculative investment; government must be prepared for enforcement and lengthy litigation |
| 27 | Holding property owners criminally liable for illegal conduct on their property | Provides sanctions for owners who allow or facilitate crime and disorder on their property | ....the property has yet to be completely abandoned and the property owner still enjoys tenant income, or the property has equity above the current mortgage and is habitable | Property owners may forego property revitalization efforts and disinvest further if the government is perceived as too "heavy handed;" may precipitate abandonment in response; political opposition |
| 28 | Increasing formal surveillance through closed circuit television (CCTV) | Extends formal area surveillance into areas where police may not be able to go | ....the field of vision is clear and it is coupled with other intervention strategies that address the source of the problem | Costly to purchase, install and maintain; requires 24-hour staffing for maximum benefit; privacy issues |
| 29 | Operating a specialized housing/ problem-property court | Consolidates all property issues into a single court, where dispositions are expedited | ....all housing issues involving police, code enforcement, and others are consolidated and heard by the housing court | Spreads existing judicial resources thinner; costly to implement in terms of personnel, space, and equipment |
| 30 | Charging service fees for police response | Gives the government a small measure to recoup expenditures associated with problem properties | ....coupled with other strategies to abate the problem and reuse the property | Requires enabling legislation; may exacerbate the owner's financial problems; clear and definitive legal language to avoid problems with civil or criminal proceedings |
Free Bound Copies of the Problem Guides
You may order free bound copies in any of three ways:
Online: Department of Justice COPS Response Center
Email: askCopsRC@usdoj.gov
Phone: 800-421-6770 or 202-307-1480
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Abandoned Buildings And Lots
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