By Alex Costello
The law was intended to get rid of the illegal apartments that many residents feel are a big problem, and to punish absentee landlords who rent out properties but do not maintain them. "We do have a problem in Island Park where absentee landlords are renting to people and they're not really watching over their properties," said Island Park Mayor Jim Ruzicka. "They seem to be taking the money and, well, that's good enough [for them]."
The law requires anyone who rents out an apartment to register it and have it inspected. If an inspector finds that the unit is in violation of the law and houses illegal tenants, a summons is sent to the building's landlord. The village has also been sending out summonses to landlords who have not yet filed their registration paperwork, and are therefore also in violation of the law.
"They have to register to get an inspection, and if they don't, then they're subject to an inspection, and they get a summons if they're renting without a permit," said Anthony Cornachio, the village's attorney.
The logic of the law is clear: Those who rent illegally do not want a town official to inspect their building, since the presence of illegal tenants would be obvious to an inspector. If these landlords register to have their buildings inspected and are found to be in violation of the law, they will be issued summonses by the village. Those who do not register for an inspection will violate the law as well - a "damned if you do, damned if you don't" scenario for illegal renters.
For landlords who have nothing to hide, however, the process is simple. Along with paying a $100 rental fee, Ruzicka explained, "They come in for an application, they fill out the necessary paperwork, and we set up an appointment [for an inspection]. The inspector goes out." Renters can also take photos of the building and send them to the inspector's office. According to Ruzicka, however, it's much easier to do the inspection.
"The inspector comes in and it only takes less than five minutes," he said. "And they're only looking at the apartment. They're not going out there and seeing if there are any other violations or anything like that."
"I think it's very good," said Joe Forzano, a resident who is also on the village's zoning board. "I think it's good if they start going after all the illegal rentals.
"I'm in the village 48 years, so I want to see something good for the village," Forzano added. "Not just people taking advantage of it and not putting anything into it."
There are penalties for breaking the law other than summonses. A first offense is punishable with a fine of up to $2,000, a second offense up to $3,000, and a third up to $5,000. All offenses are also punishable with up to 15 days in jail.
The law, however, is not heartless, village officials insist. Offenses are reviewed on a case-by-case basis, and punishment is handed out accordingly.
As Cornachio put it, there is a difference between someone who is unable to file an application and someone who is purposefully renting illegally. "If we had an 80-year-old woman renting to her deceased husband's brother," he said, "it's not the same as an absentee landlord blatantly violating the statue and he has 15 mattresses in his basement that people are sleeping on."
Comments about this story? ACostello @liherald.com or call (516) 569-4000 ext 207.
