By:Nick Buglione
Levinson, who has repeatedly said that cracking down on illegal housing requires the cooperation of leaders at all levels of government, continued his crusade against illegal rentals on Wednesday, Sept. 15, announcing more initiatives aimed at dissuading landlords from unlawfully renting houses.
Levinson also identified five new houses in Nassau County that he is reclassifying as commercial properties and levying large property-tax hikes because they are being rented illegally. He instituted the measure after a woman was found stabbed to death in an illegal apartment in an East Meadow home. The murder prompted Levinson to make the rental issue one of his top priorities.
Among the new measures he is proposing, Levinson wants the section of the Nassau County District Court that handles landlord-tenant disputes on back rent and evictions to require landlords' confirmations when they file petitions that the apartments they rent conform to building and zoning codes.
"It should be reasonable to assume that judges should be presented with all the facts of a rent dispute case, including whether or not the landlord is engaging in an illegal activity," Levinson said. "Even if a judge finds the rental to be illegal, some judges will nevertheless order the payment of back rent, thereby ensuring the landlord's profits will continue."
The assessor is also asking the courts to turn over the petitions to his office so he can verify whether the apartments in question are indeed legal. A landlord can be prosecuted for perjury if he or she makes a false claim on the petition, Levinson said.
He hopes the fear of criminal prosecution will reduce the number of actions in court and deter landlords from renting homes illegally.
It would be up to the Office of Court Administration to initiate the petition modification, and it might also require legislation in Albany, Levinson said.
He called on local municipalities to adopt laws similar to those in the Town of North Hempstead and New York City that prevent landlords from pursuing rent disputes arising from illegal apartments in court unless a rental occupancy permit is produced.
Town of Hempstead Councilman Ed Ambrosino, who represents West Hempstead, said that the town will continue to fight illegal housing in conjunction with Levinson's office. Ambrosino said he views joint efforts as a step toward solving the problem. "Illegal housing is a plague on our community," he said. "I applaud supervisor Kate Murray and our fellow members on the Hempstead town board for pursuing this matter aggressively and by dedicating town resources to it.
"We welcome the resources of Mr. Levinson's office in assisting us to eliminate this problem."
The assessor also wants New York's Department of State to work closely with town and village governments to censure or revoke the licenses of real estate brokers who rent out illegal apartments. Many brokers brazenly advertise illegal rentals in newspapers, Levinson said. "These brokers should be disciplined," he said.
Explaining that many landlords don't inform insurance carriers of what they're actually using their property for, the assessor pledged to notify carriers when he reclassifies properties violating building and zoning laws. The information could lead to huge rate hikes, which will make illegal rentals less profitable for their landlords, Levinson said.
"For those landlords who are willing to take their chances and violate local building codes, I stand ready to assess their properties at the higher commercial rate," he said.
Levinson reclassified four homes in August, and announced five more two weeks ago. The newly targeted homes -- three in Long Beach and two in Westbury -- were being rented out in some cases to as many as 25 people, and will now cost the owners thousands of dollars more in property taxes. The owners may dispute the reclassification, but would have to submit to an inspection to determine if their homes are being rented illegally.
The assessor said he is currently reviewing a list of 150 more homes that might be candidates for reclassification.
The issue of illegal rentals throughout the county has attracted increasing attention in recent years. Those involved range from homeowners who rent their basements to help make ends meet to absentee landlords who make huge profits renting homes to several families.
Though residents and civic leaders complain that such rentals pose sanitation and other quality-of-life problems, their main concern is that illegal renters sap tax-driven services. While they don't pay taxes, many send children to local schools, for example.
Helen Meittinis, president of the Community Association of Stewart Avenue, a civic group based in Salisbury, likes Levinson's ideas. "I think Mr. Levinson is a savior to our town in requesting [these things]," Meittinis said.
Others, however, feel that Levinson's initiatives are misdirected and only treat the symptoms of a far more troubling problem: Nassau County's lack of affordable housing.
Lisa Tyson, director of the Long Island Progressive Coalition, thinks municipalities should consider legalizing accessory apartments in homes. "If we were to eradicate illegal apartments, we would not have workers for our businesses," Tyson said. "Our economy would crash. Illegal apartments are what's saving Long Island."
Since many people can't find affordable housing, Tyson is pushing towns and villages to develop feasible, safe criteria for legal accessory apartments that can be taxed. "I was always told I would have a better life than my mother, a better house than my mother," Tyson said. "That is not going to happen. It's not going to happen for my generation."
Levinson said he recognizes the need to create affordable housing in Nassau County. "It's a very serious problem, and I don't mean to minimize it," he said. "We must encourage affordable housing, and we must do it quickly."
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