Posted on 02/07/2008 4:42:25 PM PST by jim_trent
As a Citizen, capital C, of Nebraska, Omaha landlord Paul Hansen believes that neither the city nor Douglas County holds sway over him.
That's why the 49-year-old owner of dilapidated rental housing refuses to pay property taxes on time, if at all, and never without protest. It's why he generally doesn't heed city code inspectors' numerous requests about getting permits or fixing up his mostly inner-city properties.
And it's why Hansen continues to ring up a bill for the citizens, lowercase c, of Douglas County and Omaha.
Two of his properties, 3202 Seward St. and 1314 S. 30th Ave., are landing Hansen in court Friday on criminal charges of housing code violations.
The Douglas County Courthouse is a local government entity Hansen appears to recognize. Though no lawyer, Hansen is a student of the law who pulls out handwritten copies of the U.S. Constitution and, to challenge jurisdiction of local authorities, asks questions such as, "Where are we?" He contends that no government official has shown him how the city or county holds jurisdiction over his private property.
Thus he refers to himself in legal documents as "Paul John Hansen, common law Nebraska Citizen, Accused Citizen," and sometimes underlines the capital "C" to emphasize his rights.
What he owns: Douglas County properties owned by Paul Hansen 3213 N. 24th St. 5556 Woolworth Ave. 2804 Ruggles St. 3325 N. 36th Ave. 3802 N. 19th St. 3711 Grand Ave. 3555 N. 40th St. 3202 Seward St. 1547 N. 19th St. 3212 Franklin St. 1606 Corby St. 1548 N. 19th St. 2876 Binney St. 2579 Pinkney St. 1314 S. 30th Ave. 3033 Myrtle Ave. 3839 Decatur St.
Source: Douglas County This approach has made him a minor, albeit notorious, celebrity at city hall, where everyone seems to know the polite, clean-cut contrarian who once tried to pay his taxes in pennies.
Hansen is not the county's biggest tax or code offender, but he does stand out because of his argument over jurisdiction. His alleged offenses on trial at 9 a.m. Friday are relatively minor misdemeanors, but some are predicting a full gallery.
Hansen plans to make his case that the city does not have proper jurisdiction over him.
"There's a saying you can't fight city hall. That's a myth," Hansen said. "You can own property in the middle of the city — of what people commonly know or recognize as the City of Omaha — and the property can be privately owned on the Nebraska soil with no relationship with the City of Omaha. And you're just simply subject to common law, which is basically your neighbors and a jury."
It's local taxpayers who foot the cost of fighting Hansen's beliefs. Government officials were unable to provide an exact tally, but public records and officials' estimate the costs so far:
• Hundreds of city code inspector hours at $31 an hour for numerous visits to Hansen's properties. A home valued at $12,300, recently cost the city $8,915 to tear down.
• An unknown number of hours at $61 an hour in the City Prosecutor's Office for the pending criminal case on the properties in question for Friday's trial. Both hourly rates reflect salary only, not benefits or other costs.
Click to Enlarge
A nonworking rusty water heater exemplifies the disrepair at a Paul Hansen property.
• At least 50 hours in 2007 alone of attorney time at about $40 an hour and 100 hours of staff time at about $20 an hour in the Douglas County Attorney's Office. The office estimates it has conducted more than 20 foreclosure actions in the past five years. Five Hansen properties are in tax foreclosure now.
• An estimated $49,000 in unpaid or delinquent property taxes. This includes tax liens on six houses and foreclosure decrees and subsequent taxes on five houses.
Hansen refuses to pay his property taxes because he says no one has yet shown him where exactly the law requires him to do so.
"We live in a free country," he said. "We have no obligation to pay taxes until you seek a specific benefit from the government."
Kim Hawekotte, a deputy Douglas County attorney, said of Hansen's challenges: "We get numerous motions that he files and affidavits and subpoenas and briefs with these cases. Stuff after stuff," she said. "He still deals in land patents and squatter's rights. . . . We really haven't worked on the land patent system for 100 years."
But Hansen contends that common law outlined in the U.S. Constitution trumps municipal code or local property tax.
He believes local government could save itself — and him — a lot of money and rigmarole if he were just left alone.
Hansen estimates his fight has cost him $100,000 in the torn-down house at 2876 Binney St. and in lost income from properties the city has deemed unfit. He believes he is being punished by code inspectors and hampered from providing what he views as a service to low-income people who need an affordable place to live.
"There's a lack of affordable housing because the government is so hard on people like me," he said. "I can't even afford to fix my homes up because they're constantly attacking me."
One former tenant didn't think he was getting a deal at Hansen's house at 3839 Decatur St.
Ted Harris said he rented the first floor of the 122-year-old home for about a year but finally moved because of crooked floors, a nonworking toilet and a front door without a lock. To keep it closed, Harris jammed a steak knife into the door frame and bent it over.
Harris said he painted walls, refinished wood floors and even cut the grass but got fed up with the property's condition and stopped paying the $375 monthly rent. He eventually moved out.
"I'm 57; I'm too old for this," he said.
Hansen said he's clear with tenants about a property's condition and sometimes works out arrangements for them to help fix up the homes. But he said his low-income clientele were tough to work with and sometimes trashed the properties.
He didn't address Harris specifically but said for tenants who get behind on rent, "I automatically become the devil."
"I truly believe that if the city would leave me alone and allow common law to work," he said, "everybody would be better off."
Note that all the properties are in "slums". At least some were bought at bankruptcy or tax sales. He is well know for not fixing up any property. He rents them until they are condemned and torn down. The cost of the tear-down (as a safety hazard) is paid for by the taxpayers and assessed against the property, so he just lest it go. No loss for him.
Why would they tear down a $12,000 mansion?
I love anybody who fights city hall, but he sounds like a slum lord.
” A home valued at $12,300, recently cost the city $8,915 to tear down.”
How could any home be valued ar $12,300? Is that a misprint?
I paid that for a house in 1959.
He didn’t cost the taxpayer a dime - the city charged the taxpayer to get rid of the junkers this guy managed to get a few more miles out of. “The devil made me do it” is a popular defense for gubmint types, but if he didn’t buy the slums at the fire sale, the government would have taken taxpayer money for demolition sooner. The problem here seems to be that he made a profit and the city didn’t get a cut. Always is the problem.
My experience with building inspectors is that they are corrupt, abuse their position and influence, cite landlords who are not their friends, and generally make requirements that are outside of the law and relevant code. The city attorney always backs them 100% because he is paid by the hour and the city approves its not their money they are spending.
The newspaper will never write a story about a decent low-rent landlord. Even if the guy spends a fortune on his properties, makes nothing and is exploited regularly by his tenants.
If this guy’s places are so bad, why does anyone rent them?
In some areas, homes have negative values. The zoning codes and property taxes cost far more than the property is worth.
Easily.
A hundred year old house with no basement, only one and a half bedrooms, and a horrible disgusting kitchen, a rusty clawfoot tub and no shower, no air conditioning, no garage, no driveway, in a bad neighborhood, no storm windows, and badly in need of numerous repairs...is easily worth less than 12 grand.
There are houses like this still in existance.
THere are apartment buildings in existance that are in such poor condition, they get bought and sold for 4 digits. THe upkeep is such a headache and the tennants so unreliable, that you are buying a job and a small chance at a meager proffit, not a piece of property.
I posted here a couple of years ago about the death (from old age) of a guy who was just like this one, only on much bigger scale. He did exactly the same thing with properties. He rented them to illegal aliens, drug users and drug dealers, and various other criminals.
He eventually was convicted and spent some time in jail. Not for dilapidated housing, though. When the renters complained or did not pay on time, he hired other thugs (probably his renters) and had them break some legs. One of the people on the receiving end was a drug using loser who just happened to be the son of some rich and powerful people. If he had not made this little mistake, he could have probably kept renting to lawbreakers and breaking legs forever. I would be willing to bet that if a through check was made on this guys renters, the same thing would be found.
BTW, the older guy ran for city council, mayor, governor, senator, etc, for many years, also under the Libertarian label. It must attract them.
Think of the worst looking,maintained wreck of a slum housing & you have this guys property after tries fixing it up.
> If this guy’s places are so bad, why does anyone rent them?
See post 11. I am willing to bet (since it was proven in court in a similar case a few years ago) that the renters are criminals, drug users, drug dealers, illegal aliens, etc. Those who cannot complain to the police when he steps too far out of line.
He has not yet learned pay the authorities their exhortation then they are much more cooperative. Exert every effort to comply with meddlesome code officials. Do not go looking for their assistance though when the tenants move out leaving three months worth of trash including dirty diapers in a shed despite your paying for trash pickup. Taxes are a business expense and yes there are still properties assessed and purchasable at a very low value which may be rented at an actual profit much as that stresses the government socialists. Yes some of us are slumlords but not because we do not know how a property should be kept but because there is a market for slum’s. Where else could a tenant maintain a room of the house for a pet bathroom, or maintain a broken beer bottle garden, or a 3’ high prairie.
There is a reason for Cities adopting the “ Unsafe Building and Abatement Code” So they have the legal means to demolish properties that are indeed in gross violation of building, housing and health and safety codes.
LoL, I once rented that apartment.
Plenty of thugs and criminals with Rs and Ds after their names too. Come to Illinois and have a look.
Doesn't sound like a libertarian to me...rather an anarchist.
> Doesn’t sound like a libertarian to me...rather an anarchist.
Perhaps. However, HE considers himself a Libertarian, regardless of what we think.
> Plenty of thugs and criminals with Rs and Ds after their names too. Come to Illinois and have a look.
True. I think that that is what his problem was. He should have had an R or D after his name. Libertarians ALWAYS have colorful characters running for all kinds of offices around here. I am not aware of any who have been elected. They get coverage, though.
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