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Mid Hudson Times , Wednesday , February 15 , 2017
City proposes changes to rental registry
By SHANTAL RILEY sriley @ tcnewspapers . com
The Newburgh City Council held a public hearing on proposed changes to the City of Newburgh rental registry law . Landlords showed up to voice their opposition to the registry , which they say has made it more difficult to maintain properties and pay taxes .
“ The more you take out of our pockets , the less ability we have to maintain our properties ,” said landlord Drew Kartiganer at City Hall on Monday .
“ The fees are enormously high ,” said landlord Peter Gasparini . “ It ’ s more like a tax . It ’ s more like digging into our pockets . Our rents aren ’ t going anywhere . We can ’ t even compensate it .”
However , the changes would actually lower the rental license fees slightly , add a tenant responsibility component to the law and bring the ordinance into compliance with the 4th Amendment .
If approved , the changes would make tenants liable for dumping and for damages they cause to rental units . Non-compliance could bring tenants $ 250 for each violation and / or up to 15 days in jail .
Rental license fees for property owners are proposed as follows : $ 95 per unit for one to two dwelling units ; $ 80 per unit for three to five units ; $ 66.50 per unit for six to nine apartment units ; $ 62 per unit for 10 to 11 units ; $ 55 for 12 to 14 units ; $ 50 per unit for 15 to 20 unit buildings ; and $ 39.50 per unit for buildings with 21 or more apartments .
For comparison , the current fees charge a flat , annual fee of $ 150 for buildings with one or two units , to $ 1,500 for buildings with 21 or more units .
The fees accompany the city ’ s rental registry of 2013 , requiring landlords to register rental properties and have annual inspections . The law received renewed attention when three people died as a result of carbon-monoxide poisoning in an apartment building on Lander Street in 2015 .
The tragedy lead to more focus on the need for inspections . “ We have to cover those costs , so that the city isn ’ t taking on the financial liability ,” said city Councilman Torrance Harvey , underscoring the city ’ s limited resources . “ When I say the city , we ’ re talking taxpayers .”
Under the new changes , the cost of annual inspections would also fall to landlords . “ You have good landlords and bad landlords ,” said Kartiganer Monday . “ The problem is , you ’ re punishing the good landlords .”
“ We ’ re trying to make it work for everybody ,” said Harvey . “ We ’ re trying make sure tenants aren ’ t damaging these properties . We ’ re trying to make sure the taxpayers are not left with the bill for these inspections and public safety is in order so that another family isn ’ t perishing ( due ) to carbon-monoxide poisoning .”
Councilwoman Cindy Holmes and Mayor Judy Kennedy said they supported having inspections performed every two years . “ It ’ s more reasonable to think we can get through it every other year ,” said Kennedy .
City Manager Michael Ciaravino said rental units - which make up 70 percent of the city ’ s housing stock - are in to poor shape to wait .
“ If the city ’ s housing and rental stock had been inspected and had been administered for the past decade … I would say we probably could throttle back to an every-other-year cycle ,” he said . “ But , what we have found is a tremendous amount of neglect in many of the tenements . That speaks to a safety issue for the residents of the City of Newburgh .”
Kennedy suggested the city council reexamine the new fee structure before voting on a resolution .
In 2015 , a group of city property owners brought a suit against the City of Newburgh , claiming the license fees amounted to a tax and mandated inspections violated the 4th Amendment , which prohibits “ unreasonable searches .”
The new amendments would allow inspections through tenant consent , search warrants and property owners hiring their own inspectors . “ The city could make an application for an administrative search warrant ,” said city Corporation Counsel Michelle Kelson , “ with reasonable cause that we need to conduct an inspection .”
Property owners could also hire engineers to certify properties are in compliance , Kelson explained at City Hall on Jan . 19 .
“ So , the proposed amendments … rewrite some of those procedures , so they are in compliance with the 4th Amendment ,” Kelson said . “ We believe they would strengthen the rental license and hopefully reduce the need for any further litigation on that subject matter .”
The landlords ’ lawsuit is still pending , said Kelson .
Gun stolen in Alabama recovered in Newburgh
A 9 mm semi-automatic handgun that was reported stolen on April 28 , 2011 in DeKalb County , Alabama has been recovered in Newburgh and city police charged a Newburgh man with criminal possession of a weapon .
City police were called to 48 Carpenter Avenue about noon time on February 7 for a report of a domestic dispute and as they arrived , they saw Deon Patterson , 18 , fleeing on foot . As officers pursued him , he pulled the gun from his waistband and threw it on the ground . Patterson was apprehended and the gun was recovered .
It was then determined that he was not connected to the domestic incident . No one was injured in either case .
Patterson was also charged with criminal possession of stolen property .
City manager : Ongoing gun violence ‘ unacceptable ’
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installed . “ The contracts for the ShotSpotter technology have already been signed and counter signed ,” he said , and technicians visited the city last week to prepare for “ an expedited installation .”
The ShotSpotter system will use state-of-the-art sensor technology to map a three-mile coverage area of the city . The system will instantly notify police of shooting activity with data , maps , audio and precise locations of gun shots . Data is generated in less than a minute .
According to ShotSpotter ’ s 2015 National Gunfire Index , cities using the technology in the Northeast region saw a 27.1 percent decline in gunfire rates in 2015 .
Representatives from Central Hudson also visited the city last week to look at street lights , the city manager said . “ Our goal is to have a well-lighted community , extra lighting where it is needed ... and ultimately to report on lights as they are vandalized or burned out ,” he said .
The city is also in the process of upgrading an existing video-surveillance system . The community demanded the city provide lighting and camera upgrades following the shooting death of 18-year-old Keyshan Gayle in August last year .
“ This party situation is out of control ,” Newburgh Mayor Judy Kennedy asserted .
The city will soon look into implementing a bill , similar to bills in New Rochelle and Beacon , that pertain to late-night parties , said Kennedy . “ Will it require a license or permit ?” asked Kennedy , referring to possible legislation . “ How do we put some structure of control around these parties that go on ?”
The mayor added , “ We can ’ t legislate morality , we can ’ t legislate parental responsibility … That ’ s where you , as a community , comes in .”
Kennedy spoke about children and young adults , with little or no support from their families or the community . “ When they get to that spot , they will join whatever group around the corner that will support them ,” she said .
Kennedy acknowledged there is no shortage of organizations working to help at-risk youth in the city – the Boys & Girls Club of Newburgh , We Are Newburgh and the Center for Hope , were among a few she named .
“ We have to lend an ear to these kids … and engage them ,” said We Are Newburgh founder Joe Alvarez .
Councilwoman Hillary Rayford described Owens- Grant as a young man who had “ great potential .”
“ We need to ask , ‘ What can I do today to make a difference in someone else ’ s life ?’” said Rayford , encouraging residents to help young people however and whenever possible . “ Our community needs love .”