SCRANTON — The owner of a condemned house in the city’s Park Place neighborhood sued the city’s housing appeals board to prevent demolition of the blighted building.
Alex Klein of Brooklyn, New York, who owns the house at 1047 Cottage Ave., filed a petition in Lackawanna County Court on May 26 against the board after it upheld a city demolition order at an April 22 hearing.
Representing himself in the petition, Klein claims the home is not too far gone to be rehabilitated, the board erred in allowing demolition to proceed and it did not give him enough time to repair it.
In a legal reply filed June 5 by board Solicitor Michael Gennello, the board contends Klein had ample time and opportunities through protracted proceedings to either sell the house or renovate it, but he did not do either one.
Klein seeks judicial review of the dispute and a reversal of the board’s decision to uphold the demolition order so he can save the house. The board seeks to have the petition dismissed and the demolition order upheld. The petition remains pending in court. As of Thursday, there had not been any hearings scheduled in the case or any judicial orders or actions filed in the docket.
Homeowner’s claims
Details and claims in Klein’s petition include:
• The house has been the subject of proceedings that had numerous adjournments and continuances involving scheduling issues, board member absences and related matters. Klein has participated in the process all along and did not abandon the house.
• Despite an extensive procedural history, Klein “requested additional time to address and remediate conditions concerning the property, pursue rehabilitation options, and present additional evidence concerning repair feasibility and alternatives to demolition,” but the board upheld demolition.
• The board’s decision relied upon photographs and an unsworn opinion that the house was not salvageable and that rehabilitation costs would exceed the property’s value. But the recommendation was made without a full interior inspection or structural evaluation and thus insufficient to justify demolition.
• The home is not beyond repair and demolition without a judicial review would “destroy” Klein’s property rights.
The city’s response
Some of the board’s rebuttals include:
• The board denies there was any “unresolved procedural confusion concerning prior applications or proceedings” and contends Klein had opportunities at several hearings to present any evidence against demolition. The board also granted additional time for Klein to sell the property, but no sale occurred.
• In disagreeing that demolition is an extreme remedy, the board argues that its upholding of the demolition order is backed by substantial evidence, a complete record of the proceedings was made and there is no basis for a remand or submission of additional evidence.
• Klein did not present witnesses or repair plans demonstrating that rehabilitation of the house was feasible. He was his only witness and he testified he wanted to sell the home, and had arrangements for a sale in place but needed more time.
• “Petitioner was provided full and fair public hearings to present all testimony and evidence petitioner wished to present. The hearing transcripts speak for themselves,” the board’s reply said.
The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)
The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)
The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)
The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)
The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)
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The house at 1047 Cottage Ave. in Scranton, seen here on June 24, 2026, is the subject of a dispute between the owner and city over blight and potential demolition. (JIM LOCKWOOD / STAFF PHOTO)