Landlord Group Sues Town Over Rental Law
/By Jano Tantongco
jtantongco@longislandergroup.com
A coalition of landlords has filed suit against the Town of Huntington to prevent enforcement of the town’s rental registry law, which mandates securing two-year permits for properties that are not owner-occupied.
Citizens for Fair Housing, a corporation formed by the landlords, filed the lawsuit with the U.S. District Court in the Eastern District of New York on Oct. 17.
The town’s recently-revised rental law mandates that landlords must obtain rental permits, which come with a $475 fee and a $75 application fee, from the town. According to the law, properties must undergo an inspection from a town official, a licensed engineer or a registered architect in order for a permit to be granted. The law was amended in May to extend the term of the permit from one year to two.
The suit alleges that the town has impeded the plaintiffs’ rights “to be free from unlimited warrantless searches, all done without probable cause, by maintaining, implementing and enforcing vague policies…”
Leading plaintiff in the suit Jean Mamakos called the rental law “ridiculous and unconstitutional.”
Mamakos, a Huntington resident since 1976, called the law “terrible.”
“Would you like somebody to come in and take pictures of your apartment or house?” she said.
Mamakos said a group of about 75 homeowners united to form Citizens for Fair Housing in June to combat the rental law.
Another member of the group, Donna Paltrowitz, asked who would want to rent apartments where one’s “privacy is being invaded” by an inspection every other year.
“Basically, your rental permit is based on a warrantless search,” Paltrowitz said. “They don’t even tell you what they’re looking for. They search your premises.”
Paltrowitz lives in Nassau, but owns properties in the town. She has appeared before the town board to ask its members to reconsider the law. Paltrowitz said that she and others felt their opinions went unheard and so they formed Citizens for Fair Housing to take collective action.
A.J. Carter, spokesman for the Town of Huntington, said he could not comment on the pending litigation.
Huntington Councilwoman Tracey Edwards, who sponsored the town’s rental law, also said she could not comment on the specifics of the lawsuit. However, she said that the rental law was modeled after those passed in both the towns of Babylon and Southampton.
Those laws were challenged in court, but upheld, Edwards added.
She said the purpose of the law is to ensure the “safety of the first-responders and tenants.
