Town Board Initiates Neighborhood Preservation Program

Author: Joan Cergol
Article Date: 11/20/02

At its meeting of November 19, 2002, the Huntington Town Board enacted a series of new and aggressive laws to work in concert with the Operation HAILSTORM (Huntington Against Illegal Landlords) legislation passed in July of this year. Enactment of the new laws culminate in a comprehensive and unprecedented neighborhood preservation program to halt existing illegal housing, while deterring future instances of the same.

"Our message in putting together this program is clear," stated Huntington Town Supervisor Frank Petrone. "Those who disregard the law- and in doing so compromise the quality of life of their neighbors and all who live in this Town - will pay a hefty price, up to and including the actual forfeiture of the dwelling itself," the Supervisor said.

Councilwoman Marlene Budd, who has long worked to address illegal housing issues threatening public safety and neighborhood quality of life added, "for the first time in the Town's history, the odds in the game of cat and mouse between the Town and its illegal landlords will become stacked in favor of the Town. What makes our new program distinctly unique is that it will allow us to adjudicate the majority of zoning code violation cases in much less restrictive and less time consuming venues than traditional District Court," Councilwoman Budd said.

For example, the use of the civil jurisdiction of the courts is one such additional avenue that will be used to remedy non-compliance with Town Code. "Using the civil jurisdiction, the Town may seek a court-ordered injunction to force compliance in a given zoning matter," Councilman Cuthbertson said.

Councilwoman Susan Berland added that the Town Board is further proposing to allow for civil monetary remedies in connection with illegal housing violations. "Our present Code does not permit the Town to pursue civil relief for such violations. This new amendment will serve as an additional mechanism to seek relief in the form of a monetary reward," Councilwoman Berland said.

The ability to use Administrative Search Warrants to gain access to and search suspected illegal dwellings was also adopted. "This new mechanism allows the Town to more easily obtain a search warrant to enforce housing codes," said Councilman Mark Capodanno. "Prior to this amendment, search warrants could only be obtained under the more restrictive Penal Code. The use of Administrative Search Warrants will provide the Town another access option needed to promote compliance."

Additionally, the Town Board enacted a Rental Registration Law. The Rental Registration provision requires anyone wishing to rent their premises (with the exception of legal accessory apartments or other exempt housing) to register the details of any such arrangement, including an emergency contact telephone number for the landlord/owner.

Finally, the Town Board expanded its Nuisance Code to include any residence in violation of the Town Code and Uniform Fire Prevention Building Code. In the spirit of the "Crack House Law," whereby the Town can hold a public hearing to consider seizing a property that has been the site of two drug arrests within one year, the same repercussions now apply to repeat offenders of the Town's zoning code.

At its meeting of October 29th, The Huntington Town Board authorized the Town Attorney's Office to pursue four separate civil actions throughout the Town involving illegal housing arrangements. Additional civil actions will follow.

"All of the past, and most recent initiatives under the Operation HAILSTORM program should be notice enough that this Town Board will not tolerate those who knowingly, or unknowingly violate the law, placing innocent people and our very Town's quality of life at risk," stated Supervisor Petrone.




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