Hamilton’s mayor is locked in a deeply personal and increasingly complex legal battle – not with a political opponent, but with her former common-law partner, and the city itself. At the heart of the dispute lies a crumbling home, a history of strained relations, and a looming deadline for potentially catastrophic repairs.
The city has issued an order demanding the property at 76 West Ave. N. be fixed by early May, citing significant structural issues. But Mayor Andrea Horwath alleges her ex-partner, Ben Leonetti, who still resides in the house, has actively blocked her attempts to address the deteriorating conditions for over five years.
Court documents reveal a complicated history stemming from their 2010 separation. Horwath granted Leonetti exclusive tenancy of a unit within the 125-year-old home, along with a monthly spousal support payment of $2,500, while he paid a nominal rent that eventually rose to $450. This arrangement, however, has devolved into a bitter dispute over responsibility and access.
The situation escalated dramatically when a city inspection revealed a property on the brink of collapse. A damaged basement pipe was emitting dangerous sewer gas, a load-bearing wall was failing, and a deck posed an immediate collapse risk. Dozens of issues were identified, including a leaking roof and a cracked foundation.
Horwath now seeks permission to demolish the house, estimating the cost at $30,000. Repairing the structure, according to assessments, could range from a minimum of $131,000 to a staggering $300,000 – a financial burden she argues would be “extremely prejudicial” to her interests.
Adding another layer of complexity, Leonetti’s legal counsel has indicated a claim for an “ownership interest” in the property is being pursued in family court, potentially challenging his status as a simple tenant. This separate legal action casts doubt on the straightforward landlord-tenant dynamic the city initially assumed.
Beyond the structural concerns, Horwath’s claim paints a picture of escalating conflict and worry. She expresses deep concern for Leonetti’s well-being, noting a significant decline in his physical and mental health, characterized by paranoia and cognitive issues. She fears he may not willingly vacate the property, even for demolition.
The legal battle extends beyond the immediate repair order. Horwath is also pursuing a separate civil suit against Leonetti, seeking $300,000 in damages for alleged breaches of their separation agreement and an additional $1 million in punitive damages. She accuses him of harassment and “high-handed, outrageous, reckless and wanton” conduct.
Court filings detail accusations of intentional damage to the property, discovered during a court-ordered access visit in December 2023. Horwath contends the home’s dilapidated state is a direct result of neglect and a failure to maintain it responsibly.
The case has been adjourned, with a potential resolution expected in late April. It remains to be seen whether the mayor will be forced to navigate this deeply personal conflict while simultaneously addressing the city’s demands for a safe and habitable property. The allegations remain unproven as the legal proceedings unfold.
