OCTOBER 11, 2007, FARMINGVILLE, NY — In the continuing effort to rid Brookhaven Town of illegal housing, protect the integrity of neighborhoods and preserve quality of life, Supervisor Brian X. Foley today accepted a check for $90,000 from Suffolk County, money that will be used to strengthen code enforcement efforts in the township.
Brookhaven Town Supervisor Brian X. Foley, third from left, accepted a check for $90,000 from Brian Beedenbender, an aide to Suffolk County Executive Steve Levy, fourth from right, at a press conference Thursday. The county gave the town the money after the town toughened its local laws governing illegal housing and the money will be used to further strengthen town code enforcement. With Supervisor Foley as he explains the town's wide-ranging improvements to code enforcement are, left to right, Councilwoman Connie Kepert, Councilman Tim Mazzei, Supervisor Foley, Councilman Steve Fiore-Rosenfeld, Mr. Beedenbender, Councilwoman Kathy Walsh, Councilman Kevin McCarrick and Councilwoman Carol Bissonette.
The county funds were made available after Brookhaven Town adopted 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. The new code provisions, sponsored by Supervisor Foley and Councilman Tim Mazzei, give the town stronger tools and the financial incentive from the county to battle quality-of-life code violations such as illegal multi-family rentals and overcrowded homes.
County Executive Levy 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:
--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.
“Taking aggressive action to battle the misdeeds of unscrupulous landlords is a central part of the battle to protect our quality of life,” said Supervisor Foley. “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 in providing funding that will allow us to enhance our code enforcement efforts. Our code enforcement personnel have greatly increased the number of cases investigated and the number of citations issued since I took office, and this funding will help to insure that enforcement gets even better.
“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.”
Brian Beedenbender, and aide to County Executive Levy who represented him at the press conference, said: “The Levy Administration has been working hard to provide the resources necessary to overhaul the method in which town code enforcement is handled. This should make it easier for Towns such as Brookhaven to crack down on unscrupulous landlords who exploit tenants and communities by allowing overcrowded blighted homes to proliferate.”
“I was happy to sponsor this legislation in a bipartisan effort to curb overcrowding and multi-family homes,” said Councilman Mazzei. “Our residents are dramatically impacted by undocumented workers and 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 that are 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.”
“We are glad to work closely with County Executive Levy in our efforts to deal aggressively with the overcrowded housing that plagues our township,” said Councilman Steve Fiore-Rosenfeld. “With our new and tougher laws we have given our Law Department inspectors additional tools they need to do their job as we continue to ramp up our code enforcement efforts town-wide.”
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 and Brookhaven and Islip were the first towns to adopt the legislation necessary to qualify for funding.
Supervisor Foley pointed out that the Town has greatly increased code enforcement efforts since he took office. In 2005, the town undertook 2,600 investigations; this year, that number will be in excess of 4,000. Prosecutions in District Court have skyrocketed. Fines assessed have more than doubled.
Twenty-nine illegal rentals have been closed down; 81% more building violations have been issued; 112% more rental registrations have been issued; and more than 600 homes have been brought into compliance with town zoning through aggressive enforcement efforts.
“Protecting the quality of life for our residents will always be a top priority for this administration,” said Supervisor Foley. “The tough new rules the Town unanimously approved in the best bipartisan fashion give our hard-working investigators a new tool to do their job even better. The $90,000 the county has given us today will go directly into the fight to battle illegal housing in the Town of Brookhaven.”
Office of the Supervisor
One Independence Hill • Farmingville • NY 11738 • Phone (631) 451-6955 • Fax (631) 451-6677