Elfman v. Berman

56 Pa. D. & C.4th 171, 2001 Pa. Dist. & Cnty. Dec. LEXIS 359
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 8, 2001
Docketno. 2080
StatusPublished
Cited by1 cases

This text of 56 Pa. D. & C.4th 171 (Elfman v. Berman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elfman v. Berman, 56 Pa. D. & C.4th 171, 2001 Pa. Dist. & Cnty. Dec. LEXIS 359 (Pa. Super. Ct. 2001).

Opinion

HERRON J.,

Plaintiffs-petitioners Joel Elfman DDS and Pennsylvania Federation Brotherhood of Maintenance of Way Employees (Penn Fed) lease office space in the defendants’ building. On April 4,2001, the City of Philadelphia Department of Licenses and Inspections (L&I) issued cease operations orders for the building due to violations of the city’s fire prevention and building codes. The plaintiffs are now locked out of their offices. The plaintiffs each petitioned for a preliminary injunction ordering their landlord to repair the building. The court grants the petitions. The following findings of fact, discussion and conclusions of law support the court’s contemporaneous order.

FINDINGS OF FACT

I. The Parties

(1) Dr. Elfman and Penn Fed lease office space in a high-rise building at 1930 Chestnut Street, Philadelphia, Pennsylvania. P-3; Pa.Fed.-l.

(2) Defendant Arnold Berman owned the building until March 31,2001 and was the plaintiffs’ original landlord. N.T.1 17; P-3; Pa.Fed.-l.

[173]*173(3) Defendant 1930-34 Associates, a limited partnership, bought the building on March 31, 2001 and is the plaintiffs’ current landlord. N.T. 17-18, 21, 52-53, 63; P-6; P-10; D-l.

(4) Defendant 1930-34 Corporation is the general partner of 1930-34 Associates. N.T. 66.

(5) Defendant Turchi is the sole principal of 1930-34 Associates. N.T. 21-22, 29, 76, 96.

II. Dr. Elfman’s Lease

(6) Dr. Elfman conducts a pediatric dental practice out of his office on the 19th floor of the building. N.T. 12-13; P-3.

(7) Dr. Elfman has treated more than 4,400 patients out of his office in the building over the last two years. He has one associate dentist and 14 other employees. N.T. 14.

(8) Dr. Elfman’s has a seven-year lease with a term beginning July 9, 1996 and ending June 30, 2003, with an option to renew for three more years. P-3.

(9) In Dr. Elfman’s lease, the landlord covenanted to:

(a) Provide elevator service Monday through Friday from 8 a.m. to 8 p.m. Saturday from 8 a.m. to 4 p.m.

(b) Provide heat and air conditioning as reasonably necessary Monday through Friday from 8 a.m. to 8 p.m. and Saturday 8 a.m. to 1 p.m.

(c) Clean the leased premises and common areas of the building. P-3, §7(a).

(10) The Elfman lease provided Dr. Elfman with a right of quiet enjoyment of the leased premises. P-3, §37.

[174]*174(11) A separate provision in the lease, entitled “quiet enjoyment,” provides that Dr. Elfman shall have the right “to remain as lessee of the premises notwithstanding the sale ... of the building.” P-3, §48.

(12) The lease provides that, in the event of sale of the building, the purchaser would assume and agree to carry out any and all covenants and obligations of the lessor. P-3, §37(a).

III. Penn Fed’s Lease

(13) Penn Fed’s offices are on the 6th floor. N.T. 84.

(14) Penn Fed is a labor union representing, among others, workers who construct and maintain railroad tracks. Penn Fed has about 5,000 members. Penn Fed negotiates, administers and enforces collective bargaining agreements between its members and their employees and represents its members in grievance proceedings. N.T. 84.

(15) Penn Fed maintains over 75 four-drawer filing cabinets in the building. Penn Fed requires continuous and daily access to these files to perform its duties to its members. N.T. 97.

(16) Penn Fed has a lease that runs until September 30, 2004. Pa.Fed.-l.

(17) In Penn Fed’s lease, the landlord covenanted to:

(a) Provide heat as necessary between October 10 and May 20 of each year.

(b) Keep in operation during normal working hours, except Sundays and legal holidays, at least one elevator.

(c) Clean the leased space.

[175]*175(d) Provide water for drinking, lavatory and toilet purposes. Pa.Fed.-l, §12.

(18) Until the locks of the building were changed on Match 31, 2001, Penn Fed had a key to the front door and 24-hour access to the building. N.T. 97.

IV. Conditions During Berman’s Ownership

(19) Under Berman’s ownership, conditions in the building deteriorated. N.T. 86.

(20) Only one of the building’s four elevators works. The one working elevator breaks down often and has no working emergency telephone. N.T. 18.

(21) Cleaning services stopped in July 2000. N.T. 19.

(22) The City of Philadelphia Department of Licenses and Inspections and the Fire Department cited Berman for code violations including electrical wiring problems, fire alarm dysfunction due to unpaid phone bills, debris blocking building exits, and falling exterior masonry. N.T. 107, 109-10; D-l.

(23) At least three times the city issued cease operations orders requiring the building to be shut for one to three days. N.T. 19-20, 112.

(24) On February 20, 2001, Dr. Elfman filed this action against Berman. P-5.

V. Conditions During Turchi’s Ownership

(25) Turchi intends to convert the entire building to residential use but cannot do so while plaintiffs’ leases are in effect. To circumvent the plaintiffs’ leases and remove the plaintiffs, Turchi intentionally allowed the [176]*176building to fall into disrepair such that L&I would order closure of the building. The court makes this finding based on Turchi’s admissions to his tenants, his knowledge of the tenants’ leases and his knowledge of the neglected condition of the building. In January 2001, Turchi told Dr. Elfman and his staff that he would be the building’s new owner, that the building was unsafe, that he planned to gut the building and convert it to residential units, and that all tenants would be forced to leave. N.T. 21-22,39. On February 22,2001, Dr. Elfman’s counsel hand-delivered to Turchi’s counsel copies of the complaint in Elfman v. Berman, the Elfman lease and notices of building code violations that the L&I issued to Berman. N.T. 25; P-5. In February or March 2001, Turchi told a Penn Fed employee, Rae Ann Carson, that he would gut the building and convert it to residential units and that all tenants would have to leave. N.T. 96.

(26) On March 31, 2001,1930-34 Associates became owner of the building. N.T. 17-18.

(27) On Saturday March 31, 2001, the locks of the building were changed and Dr. Elfman had to cancel his patients’ appointments for that day. A sign on the door read:

Building Hours

7:30 a.m. — 6:00 p.m.

Monday Thru Friday

The Doors Will Be Locked At All Times You Will Not Have Access Without A Copy Of A Valid Lease

P-4; N.T. 25.

[177]*177(28) On Monday, Tuesday and Wednesday, April 2-4, 2001, the building’s security guards permitted Dr. Elfman, his staff and his patients to enter the building. N.T. 26-30.

(29) Neither Dr. Elfman nor Penn Fed has a key to the new locks. N.T. 26-30, 97.

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Bluebook (online)
56 Pa. D. & C.4th 171, 2001 Pa. Dist. & Cnty. Dec. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elfman-v-berman-pactcomplphilad-2001.