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Monticello talks litigation for non-compliant property owners

Proposes bringing to State Supreme Court

Vincent Kurzrock
Posted 11/26/24

MONTICELLO   — During their recent Village Board Meeting, Monticello Village Attorney Michael Sussman re-iterated that the Village has a number of properties that were reportedly being …

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Monticello talks litigation for non-compliant property owners

Proposes bringing to State Supreme Court

Posted

MONTICELLO  — During their recent Village Board Meeting, Monticello Village Attorney Michael Sussman re-iterated that the Village has a number of properties that were reportedly being used for rental purposes.

He proposed the Village have a conversation take a more aggressive approach to the issue, as these properties were stated to have not complied with the Village Law which requires rental permits which in turn require inspections for hazards.

“Rather than comply with this, they simply create apartments and do not inform us nor comply with this law,” stated Sussman. “We find out through other means, we try to go inspect and there’s lack of cooperation with landlords in regards to the process.”

According to Sussman, upon being notified of deficiencies, these properties lack a follow up and when called to court, they don’t show.

He recounted on Monday when there were around nine or 10 matters on the docket and only two parties showed up, a situation he described as “lawlessness”.

He wanted members of the public to understand that State Supreme Court being the only Supreme Court  that can enjoin or prevent someone from engaging certain behavior - in junction stopping one from enacting the offense.

“The [State] Supreme Court can issue an order: ‘You must vacate the premises, you must correct that whatever it may be’,” recounted Sussman.

Hutchins believed that in circumstances where there is imminent danger and the Building Department is saying there are problems within the building, they need to go to the State Supreme Court.

Barabarite stated that on top of the buildings being substandard, there is also a zoning issue at play.

“Many of these multiple-dwellings have never gone to the Planning Board and gotten the proper approvals,” noted Barbarite. “They were basically ‘illegally’ created.”

He also brought up many of the parcels not meeting the standards that - even if they went to the Planning Board - could not get approval.

“I am ... in favor of using the strictest means to enforce our zoning.”

Trustee Gordon Jenkins shared the sentiment of his fellow Trustees.

“Sometimes with these fines of $1,000 or $15,000 honestly who really cares because they’re [the landlords] making so much money. They really don’t care,” stated Jenkins. “I’m not going to mention [certain] properties, there’s garbage all over, drug-dealing going on, and they’re terrible for the Village.”

Jenkins restated that he believed the only way the Village would look decent is if single-family homes are brought back.

He believed the State Supreme Court is the only way that’s “really going to put a bite on some of these absentee slumlords” that aren’t doing the “right thing” in maintaining their properties.

“I’ve lived here a long time, I don’t even know who my neighbors are anymore, everything’s rented.”

Sussman assumes that Village Manager James Snowden and himself will be able to make judgements as to when and where to move forward with this and when such a step is necessary.

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