MAY 10, 2006, FARMINGVILLE, NY – In what Brookhaven Supervisor Brian X. Foley called a major victory against the Coalition of Landlords, the Town of Brookhaven has been granted a preliminary injunction by State Supreme Court to shut down an overcrowded, dangerous and illegal rental in a residential zone in Farmingville.

“I promised the residents of Brookhaven Town that they would get aggressive, evenhanded code enforcement from the Foley administration, and that’s just what the people are getting with this success in court,” said Supervisor Foley. “We will not allow greedy landlords to flaunt the law and ruin neighborhoods to fatten their wallets. Through aggressive inspections, enforcement and court action as needed, we will insure that the laws of the Town of Brookhaven are followed, to the letter.”

“This is an example of how this administration takes our constituents’ quality of life concerns very seriously,” said Councilwoman Kepert. “The hard working people of Brookhaven, especially Farmingville, should not have to live with this plague of overcrowded housing. I will fight for the residents of Farmingville who worked hard for their American Dream and now find themselves living next door to a home containing 20, 30, or even 40 men. It’s horrible.”

The town argued that the property owner converted a single-family dwelling located in A-1 residential zoning district into a dangerous, impermissible rental occupied by 24 individuals. The home contained beds in the garage and basement, no smoke or carbon monoxide detectors and improper wiring outlets. The owners, who do not live on the premises, did not even apply for a rental permit with the town.

The town submitted an Order To Show Cause on February 9, seeking a preliminary injunction enjoining the defendants from violating the Town Code. The action arose as the town attempted to enforce various zoning regulations surrounding the use and occupancy of the residence at 104 Granny Road in Farmingville.

“The Town of Brookhaven is not in the least intimidated by the silly bully tactics of the Coalition of Landlords,” said Supervisor Foley. “The Coalition thinks that by trying to bury the courts in ridiculous, frivolous motions they will discourage the town and the courts from administering justice.

“The Coalition is dead wrong; that is not going to happen. The Coalition can continue its obfuscation and stalling but it won’t do them any good—the attorneys for the Town of Brookhaven will follow every case through to its just conclusion. This latest victory over the Coalition is a perfect example of my administration’s determination to prosecute code violations to the fullest extent of the law.”

“If people follow the law and show good faith, they have nothing to fear,” said Supervisor Foley. “But the days of being stymied by the landlord coalition are over. We are not looking to punish citizens or earn money off the zoning code; we are looking for compliance with the codes to protect our neighborhoods.” 

Justice Emily Pines granted the town’s request for a preliminary injunction on May 1.  In a stinging rebuke to the Coalition, Judge Pines said in her decision that the defendants “have not come close to remedying the illegal conversions” and that the “defendants two-page affidavit barely scratches the surface of the problems… with regard to various safety violations.” She further said that the town “has demonstrated …a likelihood of success” in the upcoming trial.

The Coalition of Landlords has represented numerous absentee landlords who violate town and state codes.  The organization represents a majority of repeat offender landlords. 

“This is an organization that believes that people can do whatever they want with their property regardless of what is allowed under town codes,” said Supervisor Foley.  “The fact is no one is above the law and this case will show other landlords that are in violation of town codes that the town will not sit idly by while they attack the quality of life of our town.”

The case is scheduled to go to trial on May 18.