Binghamton Mayor Jared Kraham announced the condemnation of the first floor of the Binghamton University Phi Kappa Psi fraternity house last week.

Located at 93 Front St., the house’s first floor was found in violation of New York State Property Maintenance Code 107.1.3, “Structure unfit for human occupancy,” and 107.1.4, “Unlawful structure.” The City of Binghamton was made aware of the unapproved use of the commercial space as an assembly area through posts on social media, such as those from @college.cribz, which details fraternity activities.

According to its website, BU’s Phi Kappa Psi fraternity is a philanthropic fraternity that represents “a group of diverse people who always strive for the highest level of excellence.”

“We are actively communicating with the city regarding the code issue and will work with our landlord to properly address them,” BU’s Phi Kappa Psi wrote in an email. “Our members currently living in the residential portion of 93 Front St. will continue to reside at the premises.”

The first floor is a commercial area separate from upstairs, where the fraternity brothers live. This space could be used by a local business or restaurant, but as of yet has no approved use, according to Kraham. In an interview with WBNG, Kraham referred to the area’s most recent use as a “party room that serves one fraternity”.

“The first floor commercial space was condemned for two reasons,” Kraham said. “One of those reasons was that the unsanitary condition of that first floor made it unfit for human habitation or to have people occupy it safely — unsanitary to the point of being unsafe. But secondarily, the first floor space does not have an approved use through the City of Binghamton.”

Isabella Tomaselli, a junior majoring in English, described her past experiences at the house, mentioning that she sometimes felt “unsafe” in the house and its bathrooms.

“I opened the bathroom and it was a toilet in the center of the room, the floor was black and there was a sink with the handles broken,” Tomaselli said. “There was a chunk out of the wall where the bathroom was, so I could see the people and the lights outside. And I was like, ‘This is kind of terrifying, scary.’ I remember at the same place downtown, there was also a pipe that was leaking onto everyone and their clothes.”

When condemnation action is commenced on a property, the landlord or owner may attempt to legalize their use of that area, but, ultimately, it is up to the Planning Commission whether or not to grant approved uses.

Jerry Willard, executive director of Binghamton’s First Ward Action Council — a community-based provider of housing services — said the use of the property does not represent the entirety of student housing in Binghamton.

“If there’s a problem or complaints, it’s important we look at that individual case and how it needs to be dealt with, which I believe is what’s happening,” Willard said. “But that’s nothing that should reflect on student housing as a whole — this is one particular incident. I don’t have all the particulars of this incident, but I think the city is making an effort to address these issues at hand.”

Kraham said the timing of this code violation discovery was not planned, and that the City of Binghamton will bring condemnation action against any commercial space which does not have an approved us.

“I know that there has been coverage of some of my proposed changes to the student-style living,” Kraham said. “This is in no shape or form related to that, nor would anything change as part of new legislation.”