City wins rental certificate ruling

Appellate court rejects landlord's quest to make measure unconstitutional



By Paul Nelson

Published 10:16 pm, Tuesday, April 15, 2014


Schenectady

City lawyers are hailing a recent state appellate court decision that affirms the constitutionality of a municipal law mandating that landlords must obtain rental certificates before renting out an apartment in Schenectady.

"This will make sure the apartment is safe and free of anything that would cause health issues," said Assistant Corporation Counsel Carl Falotico. "It's important to make sure renters are living in safe conditions."

In 2007, Andrew Wisoff, a landlord from Niskayuna who owns several rental properties in Schenectady, took the city to court in a bid to declare the rental certificate ordinance of the city code unconstitutional. He had argued that the local law violated his right from "unwarranted and unreasonable searches" under the Fourth Amendment of the U.S. Constitution and the state constitution, according to the decision rendered last week.

Wisoff represented himself.

Former Assistant City Corporation Counsel Frank Salamone argued for the city.

The justices with the Supreme Court Appellate Division 3rd Department wrote that the rental certificate ordinance "expressly required either the consent of the property owner of the issuance of a valid search warrant in order for the building inspector to conduct the administrative inspection."

That condition is "sufficient to safeguard plaintiff's constitutional rights."

Falotico hopes the legal decision will prompt Wisoff, who has multiple code violation cases pending cases in City Court, to comply with the law. "To him (Wisoff) and others, this is the end of the line for them and now I can make a credible argument that it (the local law) is not unconstitutional."

Wisoff is being represented by attorney Michael Horan, who did not return calls Tuesday.

http://www.timesunion.com/local/article/City-wins-rental-certificate-ruling-5405504.php

Quoted from firefox

"This will make sure the apartment is safe and free of anything that would cause health issues,"

till about 1 hour after tenant moves in and removes battery from smoke detector,etc...

The guy already has numerous code violations. Instead of hiring a lawyer, he should spend his money
getting up to code.

You guys can't complain about neighborhood blight and then go ahead and complain about McThug etc.
too.

The market will determine the amount of rents.  

MORE GOVERNMENT COSTS.....


value of taxes paid??????

value of fees paid??????

those who control the land control the masses
those who control the $$ control masses
those who control the food supply control the masses
those who control the water supply control the masses

Quoted from sanfordy2

till about 1 hour after tenant moves in and removes battery from smoke detector,etc...

EXACTLY!
The 'powers that be' created this mess. They are way over their head now. This may end up being a little too late. They should have addressed this issue years ago when the 'responsible residents' complained.

Funny how the 'powers that be' are slapping code violations on property owners, when they themselves are breaking their own codes. The roads are a MESS!! But don't forget to repair the sidewalk in front of your property!

Quoted from bumblethru

EXACTLY!
The 'powers that be' created this mess. They are way over their head now. This may end up being a little too late. They should have addressed this issue years ago when the 'responsible residents' complained.

Funny how the 'powers that be' are slapping code violations on property owners, when they themselves are breaking their own codes. The roads are a MESS!! But don't forget to repair the sidewalk in front of your property!

having smoke detector 'laws' saves lives (IF THEY WANT TO BE SAVED) and satisfies the insurance industry

Good landlords will comply with the rental certificate program.  Bad ones won't and will be put out of business -- AS THEY SHOULD BE.  
Keep up the great work - Mayor McCarthy!

Quoted from DemocraticVoiceOfReason

Good landlords will comply with the rental certificate program.  Bad ones won't and will be put out of business -- AS THEY SHOULD BE.  
Keep up the great work - Mayor McCarthy!

You really ARE a special kind of stupid, aren't you?

or simply more like inexperienced? some people have no clue as to ANY landlord tenant issues including a rental certificate that's not worth the paper its printed on...

Quoted from sanfordy2

or simply more like inexperienced? some people have no clue as to ANY landlord tenant issues including a rental certificate that's not worth the paper its printed on...

It's a shakedown like everything else in this City. They could care less about safety. Revenue generation is the name of the DEM machine game. You can't replace a window
without a permit, you can't fix your roof without a permit, you can't have a garage sale without a permit, you can't have a dog without a yearly permit. What's up with the City
Jerk's dog census? ROTFLMAO. These people are dangerous idiots. They all are going next November. Any City property owner that still votes DEM machine needs help. BTW, this case could have been won if he hired an attorney. Landlords need to get organized and get politically active. Stop accepting this s@#$ from City Hall.