Despite Legal Threats, Trustees
Tighten Rental-Property Rules
Cooperstown Trustees Adopt 5 New Ordinances
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.
“If there are no complaints, they just keep going into the future,” said Trustee Jim Dean. “What seems to bother some folks is the possible penalty.”
Two lawyers representing owners of rental properties, Doug Zamelis and Les Sittler, spoke against the law, as they have at past meetings. Zamelis cited the Town of Orangetown v. Magee, where not only was a regulation defined as a taking of property and overturned, but compensatory and punitive damages were assessed against the town. “Do you feel lucky?” he asked the trustees.
Property owner David Soule, who sold 47 Chestnut, a property that discussion at past meetings identified as a focus of neighbor complaints, to a Tyler Townsend, who lives out of state, said of the new owner, “If there’s a fight. He’s prepared to fight.”
After the vote, when asked if he anticipates filing a court challenge, Zamelis said he hadn’t time to confer with his client, Brad Badgley, who owns 2 Pine Boulevard. But, he added, “both laws have a lot of problems. I would be surprised if it wasn’t challenged.”
The Village Board also approved three others laws:
• Local Law #16, a catch-all that came out of 18 months of deliberation that also produced the “hospital zone” idea, which has been set aside for now. Most notable is a provision allowing properties – the proposed Main Street hotel was mentioned as an example – to avoid current parking requirements if the operators can obtain a five-year lease (that was expanded from three years this evening) on sufficient parking spots elsewhere.
• Local Law #17, further regulation of sidewalk maintenance to meet DOT regulations and protect the new $2 million Main Street sidewalks. Notable was the prohibition of rock salt: “De-icers shall be labeled safe for sidewalk use.”
• Local Law #18, establishing a “Best Value Prohibition Standard” where bids don’t have to be awarded to the lowest bidder if the “best value standard” says otherwise.
Resident Roger MacMillan, who was in the audience of some 40 people, pointed out “no one has spoken in favor of what you propose – no one.” He said it was another example of trustees adopting a “‘we the government, you the people’ approach, which I don’t think the citizens of this village appreciate.”
Teresa Drerup, who worked on the committee that proposed the zoning revisions, then chimed in to support Law #16. She objected, however, to Dean’s suggestion last month that a 20-year lease be required for off-site leased parking, calling that idea “ludicrous.”
