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Mostly Cloudy Valley Stream tightens rental regulations
The Village of Valley Stream passed a set of rules on July 25 for residential rental properties that officials say will give them more authority over the use of those properties.
The new law’s main thrusts are the creation of a registry of rentals and giving the village the authority to inspect properties and issue fines for code violations.
Mayor Ed Fare said the village looked at laws that other municipalities on Long Island have enacted to give themselves more control over rental properties. Laws were passed to address problems like noise and overcrowding in some places, Fare said.
“We found that it really started in Montauk and the Hamptons,” he said, “but it’s started to move westward at a really steady clip now, trying to stay on top of the zombie houses, the absentee landlords, etcetera.”
For Valley Stream, the regulations came in response to inquiries from residents about what they were seeing on neighboring properties and what the village allowed, Fare said.
He added that the state law regulating “zombie homes” — properties that fall into disrepair following foreclosure — played into the formulation of the new law. The state law created a registry of such properties, which can quickly become a blight on a neighborhood or be occupied by squatters. The village law’s intent is to prevent a slew of problems associated with illegal rentals — grass left unmowed, garbage left at curbs on non-collection days and safety concerns like fire codes being violated because too many people live in one dwelling.
Village Clerk Bob Barra said the law would take effect when it is approved by the state, which could be as early as the end of the month.
The law requires that landlords obtain permits to rent from the Building Department that are valid for two years, at which time they must reapply. Landlords must list the number of tenants who will occupy their rentals and for how long, and must provide floor plans showing the location and size of each bedroom. They must also allow the Building Department superintendent to inspect the properties, or provide written certification from licensed architects or engineers that the properties are up to village code.
The standard fee for a permit is $400, and is due at each renewal. The fee is $200 if the applicant qualifies for an enhanced STAR property tax exemption, a veteran’s exemption or a senior citizen’s exemption at his or her primary residence if it is in the village. The fee is $100 for applicants who are active members of a volunteer fire department or ambulance corps, or who qualify for a volunteer firefighter’s or ambulance worker’s real property tax exemption. For applicants who opt to provide the certification by an architect or engineer, the fee is $150. For rental property owners who have been found guilty of violating the new law, the fee would increase to $500.
The law grants the village the authority to enter a rental property with the consent of the owner or property manager if it is unoccupied, or with the consent of tenants if it is occupied. The village can get a search warrant for any property it is denied access to.
The penalty for a first violation of any part of the law can be as high as $2,000, and increases to $3,000 for all offenses thereafter, and includes the possibility of 15 days in jail for third and subsequent offenses. Violations occurring a week apart are considered separate up to the third offense, after which each day’s offense can be considered separate.
“It allows us to monitor quality-of-life issues,” Fare said, adding that the rules are meant to protect landlords, tenants and neighbors. “Landlords can be victimized by contractors or tenants. It adds a level of accountability for everybody involved.”
Penalties for violations:
First offense: Up to $2,000
Second offense: Up to $3,000
Each offense thereafter: Up to $3,000 or 15 days in jail, or both
