Students seek legal aid after fire destroys home

By Mark McGowan

Mark Ernst lost more than his house Friday morning.

The NIU junior visual arts major also lost part of his art portfolio, which he compiled since high school, from water damage.

“I’m luckier than some others,” Ernst said. He also lost art works intended for his senior portfolio, he said.

Ernst and his 23 student housemates have been living in the Holmes Student Center since a Friday morning fire gutted their home at 355 Augusta Ave.

No students were injured, but DeKalb Firefighter Kenneth London was overcome by smoke. DeKalb Fire Department Chief Jeff Long said London was treated and released. “He’s doing well,” Long said.

The fire, which began about 9:45 a.m., apparently started as an electrical problem on the north side of the building’s third floor, although an official cause will be released later today by the fire department, Long said.

Ernst said he was in the Visual Arts building when he heard about a fire in the area. “It can’t be this house,” he said.

“Everybody lost everything,” said another of the building’s tenants, who was at the scene watching his home burn. He said items in the house included electric guitars, clothes, an aquarium, a television, video cassette recorder and stereo equipment.

Tenants said they have complained to the building’s owner, Elsner Realty, 100 W. Lincoln Hwy., for some time about house conditions.

“We’ve complained again and again,” said tenant John Nicolaus. “She (Pat Elsner of Elsner Realty) was fully aware. She took no steps.”

Tenant Lisa Hunt said Elsner “completely ignored us. The circuits used to overload eight or nine times a day.”

The house allegedly is made of wood and is rotting inside, Hunt said. “There are roaches, mice and dead rodents,” she said. “Everything leaks.”

Tenant Juan Nunez said he and his roommates contacted DeKalb Building and Community Services about two months ago. “There’s tons of code violations,” he said.

Elsner Realty officials refused comment Friday afternoon and were unavailable for comment Sunday.

The tenants also sent a certified letter to Elsner listing complaints including the alleged bad wiring, Ernst said. They have been in touch with Elsner Realty officials since the fire, but have been told to call the firm’s lawyer, Ernst said.

Ernst said his mother contacted some Rockford lawyers to determine the students’ rights.

The students said they also contacted Students’ Legal Assistance Attorney Lynn Richards before the fire. Richards was unavailable for comment Friday and Sunday.

Although the fire looked minor in the beginning, several parked cars blocked the building and prevented firefighters from bringing a truck while the fire continued to spread.

Flames soon spread to the west side of the roof and the south side of the home. However, one tenant said he was able to battle the fire with his fire extinguisher before officials arrived.

Fire quickly engulfed the entire roof until the west side collapsed. Several pieces of wood began falling and the entire west side rain gutter fell.

Firefighters were not able to enter the home because of the amount of smoke, although four made early efforts to fight the blaze from inside.

Smoke also spread to neighboring buildings, prompting fire department officials to evacuate the tenants and their pets.

DeKalb Building and Community Services Director Bill Nicklas told the tenants there would be temporary shelter for them. “You won’t be in the street,” he said.

Nicklas confirmed that the tenants had filed a complaint, but said that it was a housekeeping complaint.

“We made it official. It was mailed yesterday,” he said. “We have responded in a typical way. We wait for a specific time (for the owner to make the repairs) and then we raise the ante.”

One witness said one of the tenants returned to the house—an exchange student previously unaware of the blaze—and allegedly ran into the house to obtain his passport and computer. The witness said the tenant allegedly pushed a firefighter into the snow after the firefighter tried to stop him.

Tenants have been living in the student center free of charge since Feb. 16, but must decide today whether to begin paying for their rooms or find other housing.

“I’ll probably be in the dorms for the rest of the semester,” Ernst said. He said the students will receive part of their pro-rated money and security deposits back, which he will use to pay for his residence hall room.

The tenants paid between $900 and $1,100 a semester to live at the house, Nicolaus said.