Judge Dismisses Lawsuit, Plaintiffs Plan To Appeal

A lawsuit targeting the town’s rental registry law has been dismissed by a federal judge, but the plaintiffs plan to appeal the decision.

The law, penned by Huntington Councilwoman Tracey Edwards in 2014, requires landlords who want to rent out their non-owner-occupied residential buildings to apply for a town permit and maintain town, county, state and federal code standards.

Local landlord group Citizens for Fair Housing and leading plaintiff Jean Mamakos filed suit against the town last October, challenging the legality of the law.

In a 35-page decision issued July 5, U.S. District Judge Sandra Feuerstein rejected the plaintiffs’ claims that the law violated various constitutional rights for “failure to state a claim for relief.” Feuerstein’s full decision is available on the town’s website.

In a phone call Wednesday, Mamakos said Islip-based attorneys Richard Scheyer and Frederick Stern will be bringing the case to the Circuit Court of Appeals. She was unsure of when the appeal would be filed, and how long it to be heard.

“No matter what they say, it’s unconstitutional,” Mamakos said.

Edwards, sponsor of the original law and its May 2016 amendment, stated the “decision affirms that absentee landlords have an obligation to ensure apartments are safe for tenants, for emergency personnel who might be called to those addresses, and for homeowners concerned about their property values and preservation of their neighborhoods.”

Huntington Supervisor Frank Petrone added that the decision will allow the town “to continue its vigorous enforcement to help protect renters and assure neighbors that absentee landlords need to keep their properties up to code.”

Since the law went into effect, 1,150 rental permits have been issued, according to information provided in a town news release. There are another 200 permits currently pending.

In order to file a new application for a permit there is a $75 fee; renewals cost $25. Once approved, there is a $475 fee for the permit, which is valid for two years.

-WROBLEWSKI