Supervisor Foley Teams Up with Mazzei to Tighten Town Codes
JANUARY 24, 2007, FARMINGVILLE, NY—In the continuing effort to rid Brookhaven Town of illegal housing and protect the integrity of our neighborhoods and our quality of life, Supervisor Brian X. Foley and Councilman Tim Mazzei have teamed up to tighten town housing regulations to make code enforcement more effective, and in the process quality for $90,000 from Suffolk County to hire more code enforcement officers.
The towns of Brookhaven and Islip will be the first two Suffolk municipalities to pursue tough housing enforcement provisions recommended by County Executive Steve Levy that shift the burden of proof onto the property owner of a suspected multi-family illegal rental based on curbside observations. County Executive Levy joined by Supervisor Foley and Islip Supervisor Phil Nolan recently to detail the proposals to give towns stronger tools and financial incentives from the county in enforcing quality-of-life code violations such as illegal multi-family rentals and overcrowded homes.
A Brookhaven Town code amendment including those provisions will be reviewed at the Town Board’s next work session meeting, set for next Thursday at 1:30 p.m. The amendments have been championed by Councilman Mazzei and will be the subject of an upcoming public hearing prior to passage. The code amendment could be passed that evening following the hearing.
County Executive Levy and Suffolk Legislator Joseph T. Caracappa authored legislation in 2005 that provides county funds to towns that amend their current codes to allow a court proceeding based on visual observations of the home’s exterior under certain conditions. Supervisor Foley was a cosponsor of that legislation in his final term as a County Legislator.
Conditions that would create the presumption of a multi-family dwelling include and allow for more aggressive enforcement actions:
--More than one mailbox, mail slot or post office address.
--More than one doorbell or doorway on the same side of the building.
--More than one electric and/or gas meter.
---More than one connecting line for cable television.
--Separate entrances for segregated portions of the building.
“More comprehensive enforcement to deal with quality of life issues has been a centerpiece of my administration and I welcome the assistance of County Executive Levy and the County Legislature in providing funding that may allow us to hire additional code enforcement staff,” said Supervisor Foley. “Councilman Mazzei took the lead in drafting this new legislation and I thank him for that.
“We are always looking to strengthen our town codes to give our enforcement personnel the tools they need to do their job more effectively. Altering our town code to shift the burden of proof onto property owners suspected of renting illegally is one important way in which we can do just that. I want to thank County Executive Levy for his leadership in addressing these critical quality of life issues and protecting the integrity of our neighborhoods.”
“Too many of our communities are negatively impacted by the presence of illegal, multi-family rentals and overcrowded homes, and until now municipalities have been seriously hampered in their ability to go after landlords willing to flagrantly break the law,” said County Executive Levy. “This local law provides financial and logistical support to towns and villages willing to take on slumlords, by shifting the burden of proof from the town to the suspected violator in those instances where it is obvious from the exterior that a home has become a multi-family residence.”
“I am happy to participate in continuing our efforts toward curbing overcrowding and multi-family homes,” said Councilman Mazzei. “Our residents are dramatically impacted by undocumented workers and the we must work together to amend antiquated town codes. The partnership of the town and county has shifted the burden of proof onto the suspected violator, protecting our neighborhoods and our quality of life.”
“There are neighborhoods in this great town of ours that are literally under siege by unscrupulous landlords and disrespectful homeowners,” said Councilwoman Connie Kepert. “It is my hope that this legislation will help to improve the quality of lives for our residents, while making our neighborhoods safer.”
“"Anything we can do to battle illegal rentals and other issues that impact upon the quality of life of our residents should be done, and tightening our town code to allow our code enforcement officers to operate more effectively is a significant advance,” said Councilman Steve Fiore-Rosenfeld. “And the fact that tightening our code will qualify us for $90,000 in additional aid from Suffolk County is a huge added bonus.”
“Having additional staff to address violations to our town codes is a major step in the right direction,” said Councilwoman Kathy Walsh. “We have heard from the public loud and clear that this is needed and partnering with the county we can address these critical quality of life issues.”
“The funds received from the county for two new code enforcement officers are the beginning of expanding our ability to address quality of life issues and code violations,” said Councilwoman Carol Bissonette. “This is another fine example of how intra-governmental partnership benefits residents by addressing their concerns and looking for other avenues of funding to offset the bottom line cost to tax payers while improving performance on quality of life issues.”
Legislator Kate Browning also attended the press conference and said, ”I am sure that working together with the County Executive, the County Legislature and the Town Supervisors that we can make a great deal of progress in combating the proliferation of illegal multi-family dwellings that plague our communities. These new, tougher housing codes and visual inspections will help us deal with unscrupulous landlords.”
Since town inspectors do not have the authority to enter a suspected illegal multi-family rental to collect court evidence without first being granted a search warrant or obtaining permission to enter the home, the process of prosecuting a violation can be costly, time-consuming and drawn out over years. The proposed changes to the town code will allow the municipality to initiate court proceedings based on curbside observations and conditions.
The county law established a pool of $300,000 to be shared by towns and villages willing to enforce the tougher codes. Islip and Brookhaven are the first two municipalities to propose such changes. Brookhaven Town will receive $90,000 once it passes the code amendments.
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Office of the Supervisor
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