Judge allows residents to stay in Newcom Building in Dayton

Photo: Fred Taylor

DAYTON, Ohio (WDTN) – A judge granted a temporary restraining order (TRO) Tuesday blocking an emergency vacate order by the City of Dayton.

The City of Dayton filed the order last week after deeming the Newcom Building, 255 N. Main St. unsafe due to carbon monoxide levels. As a result of the carbon monoxide, the building’s boiler was shut off causing the 50 residents who live there to have no heat.

The building’s owner, Howard Heck told the judge he could provide temporary heat through infrared heaters until the boiler is permanently replaced. City of Dayton lawyers told the judge they didn’t believe Heck had the proper funds to fix the boiler.

Judge Richard Skelton told Heck he had two weeks to provide him with assurances that the boiler could be replaced. Until then Skelton says he will tour the building every other week to make sure residents are warm.

Skelton also is allowing Heck to temporarily heat the building with those heaters as long as it doesn’t impact the building’s system.

Heck has 30 days to replace the boiler.

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