Businessman Chua Yung Lin, 37, said the Penang Island City Council (MBPP) had given him a key to unlock the padlock and remove the chain on the door grille, but he insisted the council officers must do it.
He said that since they sealed the unit, it was their responsibility to “unseal” it.
Chua said he had rented his Jalan Vaan Praagh apartment to a family for the past three years.
He claimed the tenant did not inform him about the assessment arrears on the unit which caused him to miss payments for two years amounting to RM468.
The final amount settled yesterday was RM600, which included this year’s assessment charge and late payment penalty, he said.
“My tenant’s lease is expiring in a few months and, thankfully, there is no one in the apartment right now. I think they have gone out of town.
“Just imagine if there was someone inside and had an emergency, how are they going to get out?
“Since MBPP padlocked my house, I demand them to come and open it themselves,” Chua told reporters outside his sealed unit.
A criminal act to seal a home with people likely inside
Lawyer Lee Boon Ten said MBPP had acted callously by sealing the unit when legal means were available to recover unpaid dues.
He said sealing a property was common in bankruptcy cases, and also as a “last resort” solution.
“By chaining and locking an occupied unit of a residence without prior notice is tantamount to false imprisonment.
“If something happens to one of its occupants, causing death or injuries, it is also criminal negligence.
“It is not in compliance with the Local Government Act 1976. It is merely a debt due and owing which MBPP can as an alternative give a notice of demand and thereafter file a civil claim in court.
“Such high-handed attitude in handling cases of arrears in house assessment by MBPP and the DAP-led Penang government is both oppressive and uncalled for,” Lee, who is also Penang Gerakan’s vice-chairman, said today.
Council says it had right to seal property
In a statement yesterday, MBPP said it was merely exercising its right to recover the assessment due.
It said it had the legal right to seal properties belonging to owners or tenants who did not pay up their assessment on time.
MBPP’s annual assessment rates are 9.3% for landed homes, 7.5% for low cost/medium cost apartments and 8.5% for apartments and condominiums.
It was previously reported that the Penang government had waived assessment charges for low-cost, medium-low cost houses and flats for 2016 and 2017.
Units which measure 700 sq ft and below, or those priced at RM72,500 and below, will have their assessment charges waived. Kampung houses are also included in the special exemption.
Owners in the category can apply to the respective local councils by filling a form to get an exemption.
It is learnt that Chua’s unit is not eligible for this exemption as his home is under the medium-cost category.