Family surprised to learn their home in Luzerne County is condemned | Action 16 Investigates
A couple purchased a home in Pittston only to learn it does not have a certificate of occupancy.
For a family from Luzerne County, their slice of the American dream has turned into a nightmare.
Just weeks after moving into their home in Pittston, they learned the place is condemned and has been for years.
55 Church Street in Pittston is Jerry Thomas and Anna Bilak's first home. It was supposed to be their forever home.
"Three years we've been working to save. We've been working overnight jobs, daytime jobs, just trying to maintain life but save for the bigger dream. We thought this was the bigger dream until we found out it was basically just a living nightmare," Thomas said, sitting in the living room of 55 Church Street.
Thomas and Bilak share five children and wanted a place where each kid could finally have their own room. They found that place last fall. They are both the first in their families to purchase property, but that pride was short-lived.
Only a few weeks after closing, they came home to a bright orange condemned sign on the front door.
"We got that notice on the door. I came home, saw it on the door. Right before Christmas, mind you, this was like a week before Christmas. I call Harry from the city, and he's like, 'You're in violation; there was no certificate of occupancy.' Being a first-time homebuyer, I didn't even know what that was," Bilak said.
"How did we even get here?"
It turns out that the couple's forever home had been condemned since the spring of 2022 when the place caught fire. Photos from the city of Pittston's inspection of the place back then show extensive damage throughout the house.
Thomas and Bilak knew about the fire but did not know the condemnation had never been lifted.
"It just doesn't make sense how this got through all these officials, all these people, to us. How did it get on the market? How did we even get here?" Bilak said.
After the fire in 2022, the previous owners abandoned the house, and it was purchased by Phillips Home Improvement, a contracting company based in Philadelphia.
Action 16 Investigates reached out to the owner of Phillips Home Improvement, John Garrison, to see how this may have happened.
He admitted to selling the house without getting a certificate of occupancy from Pittston. And he blamed an all-too-common thorn in the side of contractors: the city's code enforcement officer.
In a text message to Action 16 Investigates, Garrison wrote, "I have been in construction for over 20 years. I do not need a piece of paper from a corrupt township to tell me my job is done properly."
According to city records that Action 16 Investigates obtained through a Right to Know request, Garrison's property failed an inspection by Pittston Code Enforcement Officer Harry Smith.
During that inspection in March 2023, Smith spotted mold in the basement. He could not inspect the upstairs walls for mold caused by fire damage because the walls had already been covered up with drywall.
Garrison, the property owner, never called for a new inspection.
Months later, according to Pittston's Mayor Michael Lombardo, the city learned Garrison had sold the property, and a family of seven was living inside.
"It's a necessary evil, and it's unfortunate, and sometimes Harry is painted as the big bad wolf, but he's not. He's a good person who has a family, and one of the things Harry said to me was, 'I wouldn't want my kids in that house,'" Mayor Lombardo said.
Lombardo told Action 16 Investigates that not only is it possible in Pennsylvania to sell a property without disclosing that it's condemned, but it has also happened before in Pittston.
The mayor is working with others across the state on a housing task force tackling several issues, including lobbying state lawmakers to make municipal code enforcement records easily available to prospective property buyers.
"I believe there needs to be some legislative remedies to protect families like this," Lombardo added.
The next steps
Thomas and Bilak moved their family out of 55 Church Street in Pittston earlier this year. Legally, they couldn't stay in the home without a certificate of occupancy. Plus, the couple paid for environmental testing that shows there is likely mold throughout the house.
The couple can't afford to fix the problems themselves. But they could sue John Garrison and Phillips Home Improvement because of a form everyone who sells a piece of property in Pennsylvania has to fill out—the seller disclosure form.
The disclosure form for 55 Church Street says nothing about the home being condemned. Action 16 Investigates reached out to real estate attorney Richard Fanucci for his take on the situation.
Fanucci told Action 16 Investigates that Pennsylvania requires a seller to list all material defects with the property, and a condemnation certainly counts.
"It clearly was condemned because of some problem, physical problem—or potential problem, worse yet—that may exist to the property. Yes, in my opinion, a condemnation is something that should have clearly been disclosed and could very well fall under the seller disclosure law," Fanucci said.
Right now, Thomas and Bilak are left in limbo. They're not sure where to call home and are hoping their American dream isn't dashed.
"I feel like I really failed having my family here. I worked so hard trying to build a better life for my family. And me, personally, I feel like I failed," Thomas said.
Thomas and Bilak have not taken legal action against John Garrison and Phillips Home Improvement.
Still, Garrison does have a local attorney. Action 16 Investigates reached out to that attorney for comment, but we have not heard back.
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