My brother and I own a property located in the flood zone in the Borough of
Hillsdale, NJ. The house was built on a slab and when the Pascack Brook overflows (which happens regularly from fall to spring), the entire ground floor, including living room, dining room and kitchen gets submersed in brook water.
My family and I are unable to live in the house. My brother was recently living there but due to the flooding and degraded conditions, he has moved out. All of his belongings were constantly being destroyed.
We are unable to sell the property because we must disclose the repeat flood history to any potential buyer. About four years ago, we were under contract to sell
the house and ended up in a lawsuit because of flood issues. We are stuck
paying a mortgage and over $5,000 a year in flood insurance on a house that
is basically uninhabitable.
Four years ago, the town of Hillsdale recognized just how bad my situation
was . They requested a grant from Bergen County Open Space to assist them with
purchasing my home due to the terrible flooding. An admission of responsibility? My understanding is that the acquisition never occurred because the town didn’t have the money to match the grant.
About 18 months ago, it was brought to my attention that there were many
programs available that could assist me, without costing the town of Hillsdale any money. A State program called Blue Acres, acquires properties like mine, by buying flood prone properties or by applying for grants funds from FEMA (Federal Emergency Management Agency) to cost share on the buyout and the eventual preservation of the property. Blue Acres acquires properties (including structures) that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage.
I found out that FEMA has four Hazard Mitigation Grant Programs that local, County and State governments may be eligible for to assist landowners exposed to hazards such as flooding. These programs are targeted to get property owners out of harms way. In the flood mitigation programs, eligibility depends on how much damage the property incurred and the total amount of claims the property has been paid by the National Flood Insurance Program. In my case, I could be eligible for buyout or elevation assistance under several FEMA hazard mitigation grant programs.
Last year, I started attending Borough Council meetings in order to bring to the Council’s attention that they would no longer need to put in any of their own funding, to complete the acquisition of my home. The State Blue Acres Program, facilitated by NJDEP’s Green Acres Program was willing to acquire my property and the only requirement for Hillsdale was that they had to manage and maintain the lot on the State’s behalf once the property was acquired and the house was taken down.
Hillsdale’s Council had many questions for me. I would leave the Council meetings,
get the answers that they were looking for and then attend the following meetings with
those answers. After many of these meetings; a lot of ‘to’ing and fro’ing’ and
more than a little frustration I was told that my application would be
submitted ‘in due time’. It’s has now been over a year and I was finally told that Hillsdale’s Council has decided that they will not submit my application for relief or support the efforts of other levels of government to do so.
There are three reasons that the Council in Hillsdale has provided for their refusal to participate in or endorse the acquisition of my property:
1. Mainly, times are tough and the town cannot afford to lose my tax dollars.
Simple research discovered that there is a program called the *In- lieu -of - tax* Program. The Program is designed to wean towns off the tax revenue that is lost as a result of the State acquiring a property. It is a step down approach so a town isn’t left to deal with a severe revenue reduction all at once.
2. If they allow me sell my home to via the Blue Acres Program, they believe several other residents of Hillsdale would want to do the same.
The ideas that others might follow suit, makes no sense. If other property owners
are eligible and the mechanism in place are not protecting them or their properties, and if they are incurring damage and loss; then why shouldn’t they be helped too?
3. I was told that my house was built without proper permits so they didn’t feel obligated to support me.
This is ridiculous. I am not the original owner of the house, nor did I construct it! I was granted a certificate of occupancy for the house by the Borough. This is just an excuse and it has since been proven frivolous and incorrect.
Perhaps there is a wider issue that Hillsdale is aware of and that they would
prefer to ignore in the hopes that it will go away. Or maybe others just aren’t as forward as I am? I’m not sure, but what I do know is that this has been a constant problem and I have no support from the town. It is amazing that I am still expected to pay property taxes on a house that is uninhabitable and give good money to a community that doesn’t value me as a citizen. If I let the property be foreclosed on, then the town will lose my tax dollars and be forced to maintain the property anyway!
After being told of Hillsdale’s decision, I immediately sent an email directly
to the Mayor of Hillsdale, Max Arnowitz, and the Borough Administrator,
Victor Polce pleading for help. I reminded them that one of the programs
FEMA offers is to pay for lifting houses. I had previously discussed this with
Hillsdale on many occasions. Since the Council weren’t supporting the
acquisition themselves, I had wanted to try and take advantage of this
particular FEMA program. My house would then be lifted so that I was out of harms way, able to move on and the town of Hillsdale would not lose my tax revenue. Not long after, I received an email back from Victor Polce, the town manager. His exact response was “I just spoke to the Mayor. He stated that he has nothing further to add to the discussion”. I couldn’t believe it! Mayor Max Arnowitz had the chance to help me without contributing any Borough money or losing any part of the tax base but still I am refused.
Throughout this nightmare, I have been in touch with many elected officials and government offices. I have the support of all I’ve reach out to, except the Borough Council. I have spoken and emailed on a regular basis with the following elected officials;
· Jack Fornaro, from Senator Cardinale’s office
· Debora Curto from Senator Menendez’s office
· Andrew Whitehouse from Congressman Scott Garrett’s office
None of the offices seem to have the power to force the Council in Hillsdale to
do what is right. Representatives from all the offices have made numerous phone calls and written many emails on my behalf, sadly all in vein. The ultimate response is that it is up to Hillsdale’s Council.
Within the last month, I have been in touch with Assemblyman Robert Schroeder’s office. Assemblyman Robert Schroeder took the time to drive down to my property to assess how bad my situation was and then contacted Mayor Max Arnowitz personally to discuss it . He also had no luck at convincing the Mayor. I have a letter from his office that states “Assemblyman Schroeder does support your right to sell your home through the Blue Acres program, and encourages the elected
officials of Hillsdale to reconsider their position in this matter”.
There seems to be no sense in Hillsdale’s decision and there is nothing they
can say to argue that fact. Frankly, I feel persecuted…but for what I’m not
sure.
Even though the FEMA grant deadline has passed for this year, the State
Blue Acres Program is holding funding for me, with the hope that the town will
change their mind. Blue Acres is ready to purchase my home but they still need
the town to agree to manage and maintain the land on their behalf, i.e. mow the lawn. They have even stressed to Hillsdale’s Council that they will pay for the demolition as well as the other costs incurred. The Chief of State Land Acquisitions for Blue Acres, Fawn McGee, has been trying extremely hard to help me. She has placed calls and written letters to the town, with hopes of changing the Council’s position. Blue Acres has consistently tried to move forward with the buyout of my home.
Since the town hasn’t changed their decision, my next step is to get Governor Chris Christie’s office involved. Governor Christie largely supports the Blue Acres acquisitions. He has even made this one of his Executive Orders (Number 23). Governor Christie has put together an advisory commission (known as The Governor’s Passaic River Basin Flood Advisory Commission) to minimize flooding and flood damages: one aspect being to buy out properties such as mine.
I am recently married and have moved to London to start my new life with my new Husband. While I have managed to find a new job, I am starting married life financially insecure over this issue since my paycheck and some of my Husbands is
paying for a mortgage, taxes and flood insurance on an uninhabitable house in Hillsdale!
I really don’t understand the lack of support from the Hillsdale Council.
Why would they not want to help one of their constituents in need? Why would they inhibit me from getting the help that I am entitled to? My house alone has run up huge payments from the National Flood Insurance Program. If they were thinking logically, they would see how supporting acquisitions such as mine would save significant tax dollars in the long run.
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