Despite Legal Threats, Trustees Tighten Rental-Property Rules – All Otsego

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Despite Legal Threats, Trustees

Tighten Rental-Property Rules

Attorney Doug Zamelis, representing 2 Pine Boulevard, which rents to CGP students in the winter and Dreams Park families in the summer, outlines the legal liability the Village Trustees may be placing Cooperstown by passing two laws further regulating rental properties. Others, from left, are resident Wendell Tripp (Zamelis' stepfather and former mayor), Joan Badgely, who spoke for her son, Brad, who owns 2 Pine, property owner David Soule and attorney Les Sittler. (Jim Kevlin/allotsego.com)
Attorney Doug Zamelis, representing 2 Pine Boulevard, which rents to CGP students in the winter and Dreams Park families in the summer, outlines the legal liability the Village Trustees may be placing Cooperstown in by passing two laws further regulating rental properties. Others, from left, are resident Wendell Tripp (Zamelis' stepfather and former mayor), Joan Badgley, who spoke for her son, Brad, who owns 2 Pine, property owner David Soule and attorney Les Sittler. (Jim Kevlin/allotsego.com)

Cooperstown Trustees Adopt 5 New Ordinances

Village Attorney Martin Tillapaugh explicates the new rental-property laws for the 40 people at this evening's meeting. Others, from left, are Village Trustee Ellen Tillapaugh Kuch, Mayor Katz and Village Clerk Teri Barown.
Village Attorney Martin Tillapaugh explicates the new rental-property laws for the 40 people at this evening's meeting. Others, from left, are Village Trustee Ellen Tillapaugh Kuch, Mayor Katz and Village Clerk Teri Barown.

By JIM KEVLIN • www.allotsego.com

COOPERSTOWN – In the face of threats of legal challenges, the Village Board tonight unanimously adopted one law that further regulates rental properties, and another that "sunsets" grandfathering provisions on those properties if neighbors complain.

"Good actors and bad actors don't deserve the same protections," said Mayor Jeff Katz as the trustees prepared to vote on those two laws after a dozen objections raised by landlords, lawyers and residents. Landlords that find themselves in tricky legal situations with their tenants may choose to approach a lawyer for landlords with their issues in need of being resolved.

Local Law #14, "to regulate and license shortterm tourist accommodations," sets up a "master registration list" of rental properties, an estimated 41. There is no issue in using your home for extra income and renting it out for holiday accommodation as long as everything is done legally and clearly. But the suspicion is there are many more operating under Village Hall's radar, not paying the county bed tax or undergoing fire inspections, tonight's discussion suggested.

"If this one little law saves one little life, I'm happy with it," said Trustee Ellen Tillapaugh Kuch.

Local Law #15 imposes a "sunset" on nine B&Bs that "pre-existed" a law that owners live on premises. Tonight, trustees extended the proposed sunset from Jan. 1, 2019, to Jan. 1, 2024. After that date, if three neighbors file five noise complaints within two years against one of the nine properties, the owner will be called before the village ZBA, which will determine if and under what conditions the rentals can continue. Rental property owners in the area may be interested in looking at out of state real estate investing if their rentals are unable to continue. By considering this, it means that investors won't lose any money. Even if the rentals continue, property investors may still want to consider this type of real estate investing.

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