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SCHENECTADY
Landlords push for softer rules on inspections, penalties, taxes
BY KATHLEEN MOORE Gazette Reporter
Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com.
Schenectady’s new landlords association is going straight to the top: The landlords will try Friday to persuade the mayor to loosen regulations on the rental business.
Given that Mayor Gary McCarthy says he wants regulations to push bad landlords out of business, it may be a tough sell.
But they’ve put together a 14-point proposal, ranging from fewer inspections of apartments to smaller penalties if they break the rules. They also want the city to give them permission to rent out property even if they haven’t paid their taxes.
Various landlords will defend each point, based on their research and personal experience.
“We are the good landlords,” said spokeswoman Chris Morris, who is a property manager. “Trying to make it a better system all around, because we have a huge rental community.”
Most of the landlords’ proposals involve the city’s rental certifi cate ordinance, which requires a new inspection every time a tenant moves out of a unit. Certificates cost only $50, but the cost can add up, Morris said.
“If he has 50 units, he has to pay $50 a unit. If some small thing doesn’t get passed, it’s another $25,” she said. “It’s not every few years. People change out after six months.”
The landlords also want the inspection to only address safety hazards. Peeling paint on a garage should be considered a cosmetic issue that can be handled as a normal code violation, rather than a violation that stops them from renting the nearby apartments.
Currently, they said, peeling paint on a garage will cause them to fail a rental inspection. The tenant can’t move in until someone repaints.
“What is the hang-up here?” Morris said. “It’s not a safety issue. You have to put out too much money for reasons that don’t make sense. It’s just money, money, money going out.”
Landlords who rent without a certificate generally don’t get caught unless they take a tenant to eviction court. There, they can be charged with a misdemeanor. That should change too, Morris said.
“You might be fined and even considered a criminal,” she said. “When the whole reason you’re there is because of a bad tenant.”
Such rules, she said, discourage owners from becoming landlords.
“There’s so many parts of the rental system that beat up on the landlord,” she said. “We want to make things more landlordfriendly, to encourage the existing landlords to stay.”
New Building Inspector Eric Shilling has also proposed not giving certificates to landlords who don’t pay their taxes. Morris said that makes no sense, arguing that it has nothing to do with their ability to provide a safe apartment.
However, city officials have run into repeated problems with landlords who rent out entire buildings but do not buy insurance, maintain the property or pay taxes. In recent years, the city has seen several apartment buildings burn down without fire insurance, leaving the city to pay for demolition and cleanup.
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There are new EPA rules about Lead Paint and reconstruction including window replacement that took effect April 22, 2010.
EPA Requirements
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
- All contractors should follow these three simple procedures:
- Contain the work area.
- Minimize dust.
- Clean up thoroughly.
This information can be found in full at: http://www.epa.gov/lead/pubs/renovation.htm
On July 30, 2002 New York Governor Pataki signed into law SB 475/AB 2424, legislation requiring the installation of carbon monoxide detectors in all new residential construction in the state. The NEMA recommends that all detectors comply with NFPA standard 720, “Recommended Practice for the Installation of Household Carbon Monoxide Equipment.” and Underwriters Laboratory standard 2034, which establishes requirements for the manufacture of single and multiple station carbon monoxide alarms.
That was in 2002, for New Construction. However, recently a new law was enacted that requires a Landlord to have carbon monoxide detectors in their rental units.
Carbon Monoxide Detectors Become Mandatory in New York February 22, 2010.
Amanda’s Law, signed into law in August 2009, takes effect. Amanda’s Law mandates the installation of carbon monoxide (CO) detectors in all homes in New York State. The law is named for 16-year-old Amanda Hansen of West Seneca, New York, who died on January 17, 2009, due to a carbon monoxide leak from a defective boiler while she was sleeping at a friend’s house.
Under Amanda’s Law, homes built before January 1, 2008, are permitted to have battery-powered CO alarms, while homes built after this date are required to have the alarms hard-wired into the building. Previously, only homes built or bought after July 30, 2002 were required to have these devices installed. Additionally, Amanda’s Law will require contractors in New York State to install a CO alarm when replacing a hot water tank or furnace if the home is not equipped with an alarm.
Amanda’s law requires existing one- and two-family residences to have at least one carbon monoxide alarm installed on the lowest floor of the building having a sleeping area. The alarm must be clearly audible in all sleeping areas over background noise levels with all intervening doors closed.
Further Information Regarding Carbon Monoxide Law in New York State
