Published: January 07, 2009 09:54 am      

Council passes new-rental moratorium

City will rework its zoning code

By Jake Palmateer
Staff Writer

ONEONTA _ The Common Council on Tuesday passed a moratorium on issuing new certificates of compliance to owners of rental properties.

The moratorium is designed to allow the city time to retool its zoning code in accordance with its comprehensive plan. The proposal was brought by Mayor John Nader last month but was tabled.

The certificates are required by the city for the lawful use of residential properties as rentals and involve a series of inspections and other paperwork.

Those who already have certificates or who have taken at least one of the several steps necessary to obtain one would not be affected by the moratorium. “I think what is represented here is a bold move and one that is sorely needed,” Fourth Ward Alderman Michael Lynch said. “There are going to be people that are unhappy about it. There is a lot of money at stake.”

The proposed eight-month moratorium is intended to apply to new rentals only, Nader said, and it would give the city time to examine and enact zoning changes to help preserve quality of life.

It’s necessary, Nader and other supporters said, because of a proliferation in recent years of single-family homes being converted to rental housing. After a 20-minute discussion, the measure passed, 6-1, with Fifth Ward Alderman Rodger Moran voting against it. Sixth Ward Alderman Veronica Diver, who had previously spoken out against a moratorium, was absent.

“I am all for protecting neighborhoods,” Moran said. But Moran questioned the ability of government to move quickly in addressing the zoning concerns and said the moratorium could result in property owners losing income.

“I am concerned about people who need to make ends meet,” Moran said.

More than half of all rental properties in the city were identified in October as not having a valid certificate by the Code Enforcement.

Some of these properties have never had a certificate of compliance.

City Attorney David Merzig explained that those who have never had a certificate and do not take at least one of the necessary steps to get one would be prohibited from getting a certificate while the moratorium is in effect.

“If someone is renting illegally, they are renting illegally,” Merzig said.

Several exemptions apply Moran said that if someone was in this situation, they could perform a smoke-detector inspection on the property themselves and simply turn in the inspection report form to be exempt from the moratorium.

Waivers will also be available for property owners who believe their new rental property should be exempted, according to the proposal terms.

A property owner seeking a waiver would appeal to the Common Council.

The moratorium would not affect properties that have five or more apartments in one building. Housing projects that have completed a site-plan review or a subdivision approval would also be exempt.

A mayor’s public hearing on the moratorium was set for Jan. 20. Once signed by the mayor, the moratorium would become law when it is on file with the state secretary of state.

In other business, Nader made his 2009 committee assignments.

A new Personnel Committee with Hodne as chairman was among the changes from 2008. Lynch and First Ward Alderman Maureen Hennessy will serve with Hodne. Hennessy will remain chairwoman on the Intergovernmental Affairs Committee, and Shannon will continue to serve with her. Miller will take Hodne’s place on that committee.

Second Ward Alderman Paul Robinson will remain Finance, Legal Affairs and Operations Committee chairman, which will again feature Hennessy and Shannon.