By Mark Scheer
With city lawmakers looking on, Mayor Paul Dyster signed into law Monday a controversial landlord registration proposal.
During the City Council meeting that followed Monday evening, lawmakers heard from residents on both sides of the issue, with some suggesting the law was long overdue and others saying the new rules will do more harm than good.
One speaker representing a group of city landlords warned council members to expect a legal challenge if they refused landlords’ request for a meeting to discuss ways to fix a piece of legislation that they consider seriously flawed.
“Right now, we have some of the best attorneys in the area looking into this thing,” said Highland Avenue resident and Gazette contributor Ken Hamilton, who represented the Niagara Falls Landlord Association during Monday’s council meeting. “We don’t want to have to go that way. Why don’t we just set up a date and a time that we can get together and say we understand what it is you are trying to accomplish and there is a better way of doing that?”
Dyster’s signature allows the law to take effect May 1. Landlords with non-owner occupied apartment buildings and rental houses will have 60 days from the date to avoid having to pay fees for the registration. After the 60-day grace period, owners of buildings with one or two rental units will be charged $25 per property to register. Owners of rental properties with three or more units will be assessed a $40 charge.
The law was crafted with support from local business group and block club leaders who believe it will help city officials keep closer watch on neglectful property owners. Under the law, landlords will be required to provide contact information, including addresses and telephone numbers, on registration forms filed at City Hall. Landlords from outside Niagara County will be expected to designate a property manager with a local address as the primary contact person for their rental units.
Rental property owners who fail to follow the rules will be penalized. First-time offenders will face fines between $250 and $500. A second conviction within a 12-month period will result in fines up to $2,500.
Ron Anderluh, revitalization coordinator for the Niagara Street Business Association, believes the law will provide a benefit to the entire community because it will strengthen the city’s ability to crack down on housing code violators that have plagued many business districts and neighborhoods for years.
“We’re in the trenches everyday,” Anderluh said. “We are up and down the streets. We’ve taken the complaints from neighbors about the housing conditions.”
Tony Scricco of 66th Street agreed. He said the law won’t be a “big deal” for rental property owners as long as they follow the rules.
“This is a beginning,” he said. “We register these people. If they don’t want to show up, it’ll take its course and we will get at them sooner or later. But, it’s got to be cleaned up and it’s about time they started this.”
Some landlords maintain that the type of contact information being requested on the registration forms is already available on property and tax documents found inside City Hall.
Lewiston resident Jeffrey Williams, who owns 150 rental units in the city, objected to the council’s approach to implementing the new law. He believes a public hearing should have been held prior to passage. He also said the council should have solicited input from landlords before moving forward. Williams said he intends to comply with the law. He questioned how many of the landlords who are creating problems for the city now will do the same.
“They don’t pay their taxes,” Williams said. “They don’t pay their water bills. They’re gone. They are not going to register.”
Lou Rizzo, a Falls resident recently sold off all of his rental units in the city, said lawmakers should be doing more to help landlords as they struggle to deal with rising taxes, utility bills and other increased expenses. Rizzo also suggested that council members do something to address what he believes is a bigger problem in the city than delinquent landlords — property damage caused by destructive tenants.
“They need to address the real problem,” Rizzo said. “The problem is not the landlord that has invested his money. The problem is that they coddle the tenants who destroy the properties and walk away.”
Hamilton suggested there may be grounds for a legal challenge against the registration law, saying it is an entirely new piece of legislation and therefore should have been subject to a public hearing prior to council approval.
Corporation Counsel Craig Johnson said he did not believe that to be the case because the existing ordinance was rescinded and a new one was substituted.
Dyster has said he would like the council to consider amendments to the law. On Monday, he said he will present lawmakers with comments — both pro and con — that he has received to date. Dyster said there are no plans to rescind the current law.
“The mayor and the council are very united in terms of our determination to move forward,” Dyster said.
