Opinion: Proposed rental registry law violates state law, says Canton resident
To the Editor:
There are a number of reasons I oppose the Village of Canton’s proposed Rental Registry Law, however the most important is it violates NYS Law. Our current code addresses unsafe/unsanitary conditions and the enforcement of noise/disorderly complaints. The code applies to both owner-occupied and rental properties as required by NYS Village Law 7-702.The village’s proposal creates additional requirements for rental property owners. This is not in compliance with NYS 7-702 which requires all regulations be uniform for each class of buildings within each district.
The City of Syracuse attempted to enact a similar Registry Law in 2012 but had the law overturned in court. The court ruled that NYS 7-702 was intended to ensure all property holders are treated alike and that no improper discrimination occurred based on ownership. Additionally, the court noted that NYS 7-702 was designed to protect against legislative overreach by requiring regulations be passed without reference to the particular owners.
By violating NYS Village Law our trustees are opening themselves to a costly court challenge which could impact all taxpayers – not just rental property owners. I encourage you to contact the village trustees and ask why they are pushing legislation that does not comply with NYS Law and why the current code is not being enforced.
One more obstacle stands in their way in the form of a public hearing on October 16, 2017. If you are a concerned resident, taxpayer, landlord or tenant please let your voice be heard.