NASSAU COUNTY CIVIC ASSOCIATION, INC.

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June 25, 2004

 

Historic Handshake Joins Town and County in Push to Curb Illegal Rentals

Submitted By The Community Alliance

Meeting Held On July 22, 2004

As Town of Hempstead Councilman Ed Ambrosino reached out to embrace and shake the hand of County Assessor of Taxes Harvey Levinson, community leaders attending the recent meeting of The Community Alliance got the sense that this gesture was much more than mere photo opportunity.

 “When Ed Ambrosino makes a promise to work with Harvey Levinson, meshing the resources and the know-how of Town and County in stemming the tide of illegal accessory apartments, we know that we’ve taken a giant step in the right direction,” said Seth Bykofsky, Alliance Co-Chair.

The Community Alliance (an umbrella organization focused on quality of life issues) gathered the leadership of many of the thirty-eight civic and community groups of which it is comprised for a continuing strategy session, sights aimed squarely at the illegal apartment dilemma which has gained a stranglehold on both township and county.

“It is extraordinary,” commented Bykofsky, “not only to have civic leaders from across the Town (of Hempstead) gathered in the same place at the same time, but moreover, to have both Town and County take off the gloves, formally and publicly pledging to exchange data and information and to form a working coalition on a matter which, if unchecked, threatens to destroy suburbia.”

Assessor Levinson, while not condoning illegal rentals, has made it clear that he intends to reclassify single family houses used unlawfully as multi-family dwellings as commercial properties for the purpose of property tax assessment. “In reclassifying these properties,” declared Levinson, “increasing the tax at least two-fold, we make the cost of doing business untenable and impractical. At the same time, we remove an impediment to the proper assessment of houses which are in compliance with the law.”

Asked whether any houses have been so reassessed, the Assessor assured civic leaders that he is proceeding slowly and methodically, and already has two houses  – one in East Meadow and another in Westbury – determined to be illegally maintained, lined up for reclassification. “Believe me,” said Levinson, “once word gets out that the owners of illegal apartments are paying two to four times the tax they had previously paid, and landlords realize that we are going to find them and reclassify these properties, there will be noticeable change.”

The Assessor stressed that the intent of reclassification is not revenue-raising, nor is there an acceptance of the illegal rental. “We are simply assessing a business as a business,” declared Levinson. “It is then for the Town (of Hempstead) to enforce the law and to prosecute for noncompliance.”

Toward that end, Town Councilman Ed Ambrosino, who was joined at the summit by Town of Hempstead Commissioner of Buildings, Dan Cassella, was unequivocal. “I promise you this,” said the Councilman, emphatically, “the Town of Hempstead is committed to eliminating illegal apartments. They are insidious and destructive to community.”

The Councilman assured community leaders that, past omissions notwithstanding, the Town is working diligently to enforce the laws now on the books and to promulgate new measures – from criminal penalties to substantially increased fines – that will make the illegal rental an unaffordable and unacceptable option.

“Yes,” said Ambrosino, “we’ve been remiss in the past in enforcement, and where there was enforcement, the law provided ineffective remedies.” Councilman Ambrosino cited an instance where the owner of illegal apartments whose violation of the law was deemed to be notorious by the court was slapped with a mere $50 fine by the Judge. “All of this is changing,” said the Councilman. “From the prescribed penalties to the manner in which legal papers are served, from the way our Building Department is approaching the problem to the educating of residents as to their obligations under the law. You have the assurances of both Supervisor Murray and myself that this will not be business as usual.”

Reiterating the importance of a multifaceted approach, Ambrosino was no less encouraging on the issue of intergovernmental cooperation. “The County has great resources available to it. The Town also has an abundance of resources. That, with all of our computer technology, the County and the Town do not share databases or exchange vital information is nothing short of absurd. As of today, this is going to change.”

With a touch of levity, Bykofsky, who, together with Alliance Co-Chair Roy Mezzapelle moderated the forum, urged Mr. Levinson and Mr. Ambrosino to exchange telephone numbers before leaving the building. “I trust the two of you will talk,” quipped Bykofsky. “I’ll be checking in with your respective offices in a few weeks to make certain you’re playing together nicely.”

Mr. Mezzapelle, repeating a familiar theme, ran the numbers related to the cost to the Elmont School District and the Sewanhaka High School District alone as a result of the influx of illegal rentals. “We are talking about an average of $10,000 per student per year,” said Mezzapelle. “Multiply that by 200 students who come out of these illegal apartments, and you have an additional $2 million burden per year on the backs of the taxpayers. Take that forward over a twelve year span – through high school – and you’re talking about $25 million in a single community, all borne by the tax-paying homeowners, not the illegal renters or their landlords.”

Meanwhile, up in Albany, legislation sponsored in the Assembly by Assemblyman Tom Alfano and in the Senate by Senator Dean Skelos portends an even greater woe for the owners of illegal apartments. Criminal penalties with potential jail time. The forced restoration of the premises to comply with code. The payment of costs associated with the relocation of tenants. All bode ill for the future of the illegal apartment in the Town of Hempstead. [According to Assemblyman Alfano’s office, the legislation is now in joint committee for consideration.]

“We are far from being able to assert with confidence that the illegal apartment is dead,” said Bykofsky. “We can say, however, that the nails are about to go in the coffin, and the end of the era of the illegal rental is fast approaching.”

The Community Alliance will closely monitor Town, County and State initiatives on the illegal rental front and will convene again in September. Civic and community groups not yet affiliated with the Alliance, and interested in improving quality of life in our suburban towns and hamlets, are encouraged to contact the Alliance at thecommunityalliance@yahoo.com.