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.
inactive
January 7, 2009
Council passes new-rental moratorium
City will rework its zoning code
- Local News
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