Embattled landlord, city reach settlement

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May 30, 2012

Embattled landlord, city reach settlement

By Jake Palmateer Staff Writer The Daily Star Wed May 30, 2012, 03:30 AM EDT

ONEONTA -- A settlement in the latest case in the legal saga over housing more than three college students in a dwelling was reached last week.

Robert Martella agreed to plead guilty to several building code violations at his rental property at 10 Irving Place and submit to a new inspection. He also agreed to seek a decision from the city Zoning Board of Appeals on having more than three unrelated occupants at the property.

City code prevents more than three people from living in a single-family home unless certain criteria demonstrate they are living as a functional family unit.

In exchange, the city agreed to not pursue any additional violations related to occupancy at that property until the ZBA has made a decision.

Martella further agreed to not lease two bedrooms above a garage pending the ZBA decision. The city is allowing the current tenants to stay until the end of June.

The deal between Martella and the city was inked May 22 before Judge Lucy Bernier.

"I say we made progress. We've had two successful court proceedings against Mr. Martella, and we are enforcing the occupancy code as aggressively as we can," Mayor Dick Miller said Tuesday.

Under the agreement, Martella faces a total fine of $1,000. He agreed to plead guilty to the following: Having a missing light socket, lack of a barrier to protect an above-ground gas meter, fire extinguisher not charged/inspected, lack of a handrail/handrail must be secured, electrical breakers must be labeled, locks on doors must be removed, smoke alarms must be interconnected and plumbing supports must be installed. The charges, lodged Jan. 25, were based on Martella failing to comply to a Sept. 2, 2011, written order from the Oneonta Code Enforcement Office. That order was the result of an earlier inspection.

"I think that the good news of the Martella Irving Place decision is, as I understand it, Judge Bernier basically said 'pay the fine and don't do it again or you are going to jail for the next 60 days,'" Miller said.

Martella was also fined $250 last fall for over-occupying 7 Myrtle Ave. That charge predated the city stiffening its penalties for violating the occupancy ordinance. The Common Council voted last fall to allow new violations for over-occupancy each week the property is not in compliance with the law.

Under the city's law, tenants or landlords can be charged, depending on who is responsible for the over-occupancy.

Miller said he would be stunned if the ZBA rules in favor of Martella or any other request to increase the occupancy of a residential building.

Renting on a per-student, per-semester basis is a lucrative practice in Oneonta and can fetch a property owner more than $30,000 in rent a year for a single-family home.

Brody Smith, a Syracuse-based lawyer for Martella, said he and his client believe 10 Irving Plaza should be exempt based on the city's own zoning laws.

"We think it's zoned for more than three (people)," he said Tuesday.

But Martella will follow the terms of the settlement and submit an application to appear before the ZBA, Smith said. Under the settlement, Martella has 20 days from the settlement date to seek that appearance.

"He will, as always, comply with the judge's order," Smith said.

Smith declined to say whether or not he felt his client was being targeted by the city.

"They've been very diligent about inspecting my client's properties," he said.