As you may or may not be aware, we have a problem with “illegals” in this nation of ours. Each day communities are finding more and more of them – and thanks to areas where they do have good law and code enforcement, they are being weeded out.
There have already been deaths attributed to the problem, too. For example, consider the avoidable deaths of Lindsay Wiener, 19, and her older sister, Jillian Wiener, 21, who died in the early hours of Aug. 3, 2022, after a fire broke out in an illegal rental home where they were staying with other members of their family – a $1.9 million 1,600-square-foot home in the Town of Southampton, on Long Island.
No smoke alarms were heard at any time by anyone, including firefighters. Investigators found that the fire detection systems in the home were either improperly installed or non-functional. According to reports, numerous other factors contributed to the fast-moving fatal fire.
The Wieners booked the Southampton home on a website that lets people rent residential properties. All indications were that the house was safe with smoke and carbon monoxide detectors, a fire extinguisher, and related safety features. No doubt the Weiner family assumed the homeowners had followed all the rules. But that wasn’t the case – and the sisters paid with their lives. The apparent nuisance of doing what is required overrode the need to do the right thing, not to mention doing what the law requires.
The fire trapped the sisters in the bedrooms on the second floor. Despite attempts from their mom, dad and brother to save them, the sisters were overcome by fire conditions. Responding Sag Harbor firefighters arrived, got into the home, and found the lifeless bodies on the second floor. The two women died at the hospital.
The homeowners pleaded guilty recently to charges related to the deaths. Peter Miller pleaded guilty to two counts of criminally negligent homicide and was sentenced to three years of probation and 200 hours of community service. Pamela Miller pleaded guilty to second-degree reckless endangerment and was sentenced to 100 hours of community service.
History repeats itself
Also in the State of New York, on Oct. 13, 2024, another illegal dwelling took the lives of a mom and daughter. Shannon Hubbard and her 1-year-old daughter died in a fire at a house that was operating as a short-term rental unit in the Dutchess County town of Clinton, located 90 miles north of New York City. The fire also injured Hubbard’s husband, John, and their 3-year-old son.
According to Mid-Hudson News, the house was supposed to have a special use permit before operating as a short-term rental where the operator does not reside at the address; however, there was no such permit connected to this house. The news report indicates that in the Airbnb listing, which was removed following the fatal fire, the homeowner allegedly said the house had been “recently remodeled,” but there were no applications filed for the recent remodeling. Further, in the town of Clinton, when an applicant seeks to operate a short-term rental, the town zoning inspector is required to visit the home to confirm the existence of properly functioning safety devices, such as carbon monoxide and smoke detectors, but because the house had not been approved to serve as a rental, no inspections were performed at this property.
According to Dutchess County District Attorney Anthony Paris, “Assuming the parcel was being operated as an unregistered short-term rental without operational smoke or CO detectors, the homeowner could potentially be charged with criminally negligent homicide.” The charge carries a maximum sentence of four years in prison.
So now what?
In New York or wherever you are, local fire leaders are in the business of looking out for those who cannot look out for themselves. That’s why we have prevention efforts, public education, fire codes, and laws.
There is some ownership for the public to be aware of where they are staying, from a safety standpoint, but unfortunately, that’s not how it normally works. That’s why the laws exist – to be proactive in caring for the public.
Of course, there are plenty of owners who follow the laws for the protection of their guests. But that is also not always reality, as these two recent cases show.
Unfortunately, in this most recent case, there may have also been a measurable delay by the first-due responding fire department, where a mutual-aid chief arrived first and, along with a New York State Trooper, attempted rescues.
When all the prevention, zoning, laws and codes don’t work out (or aren’t followed), we respond reactively. That’s ultimately what fire departments do. It’s kind of like an arm-wrestle where you have to start with your arm pinned to the table.
Fire departments and their leaders must ensure that we have critical preventative laws on the books. We should further (and very clearly) educate our community on what is and is not permitted. That will serve to remind homeowners of what they must do before renting their properties – and it will also remind potential renters what to ask for and look for when they rent out of town.
Follow the money
We all know the phrase “follow the money” from the 1976 film “All the President’s Men,” which hints that political corruption can be brought to light by examining money transfers between parties. In this case, it all comes down to a couple of families deciding to spend their money on a little enjoyable time away. They saw a listing of houses to provide just that.
With vacation (and not fire safety) on their minds, they trusted the listings, as so many would. The owners, apparently not wanting to be bothered or not wanting to spend the money on ensuring that the homes met or exceeded the law, apparently cut corners and, in doing so, cut lives.
Did the owners mean to cost the lives of four people? I think at one time or another, all of us wish we could turn back the hands of time, but that, unfortunately, is never an option.
On the other hand, if you listen carefully, you can hear my compadre Gordon Graham saying over and over, “If it’s predictable, it’s preventable.”
Everyone has a chance right now to start predicting and preventing.
