[T] People v. Ventura5/6/2004
Building Department
What about a well intentioned Building Department on a mission to enforce the local zoning code with the ultimate objective of preserving the residential character of the community by stopping the proliferation of illegal multiple dwellings; insuring the safety of inhabitants, tenants and adjoining property owners? See People v. Dominick Suppa, New York Law Journal, Decisions of Interest, October 8, 1997 at 1, 25 and 28 and A. Anthony Miller, Zoning Case Spawns A Social Commentary, The Attorney of Nassau County, September, 1997 at 3. In Suppa, the defendant rented out his single-family home and lived elsewhere, but used the garage to store his commercial landscaping vehicles. The Court denied a motion to dismiss charges brought under the Zoning Code. Noting the increasing problem of single-family homes being used for businesses and the illegal
housing of multiple tenants, the Court discussed the deleterious effect that this has on residential communities. It made various recommendations to help solve the problem including, but not limited to, establishment of a Task Force on housing. The decision was translated into Italian, Spanish and French. Copies were disseminated throughout the community in order to inform local inhabitants of the significance of the problem. Other suggestions included a change in the law requiring landlords to have written leases that should be recorded and for charities and social service agencies to be required to file environmental impact statements before placements occur. See also, People v. Ari Seigler, Decisions of Interest, New York Law Journal, June 6, 2002 at 1, 17 and 26 and www.courts.state.ny.us/reporter/decisions.htm and New York Official Reports file (NY-ORCSU). See also, (2d Decision) in Decisions of Interest, Significant Rulings Summarized, Land Use and Planning, New York Law Journal, Long Island Edition, October 15, 2002 at LI-6 and New York Law Journal, Court Finds Law Prohibiting Large Mobile Home On Residential Property Is Not Unconstitutional, October 23, 2002 at 1, 17 and 27. In Seigler, a summons charging a recreational vehicle ordinance violation was held to be facially sufficient. The Court provided an analysis of the constitutionality of local laws and the public policy behind the local law, namely, to preserve the residential character of the community. See also, People v. Bove, 156 Misc. 2d 469, 593 N.Y.S.2d 736 (1992) N.Y. Misc. LEXIS 608, December 1, 1992, Decided. New York Law Journal, December 28, 1992 at 1 and 29, col. 1. Zoning case, restrictions on commercial vehicle parking are upheld. See also, The Columbian a publication of the Columbian Lawyers' Association of Nassau County, June, 1993, Vol. 4, Issue 7.
The Building Department also protects the community from unscrupulous absentee landlords who seek to exploit the poor and other property owners for their own personal gain and profit. The Village has a long history of promoting the establishment of legal, habitable space while at the same time preserving the residential character of the community. In order to do so, zoning laws have been strictly enforced and illegal, multiple dwellings are not tolerated. But, at the same time, the rights of homeowners are respected. See People v. Tran, New York Law Journal, October 7, 1998 at 1, 25 and 29, col. 6 and Summaries of Selected Unpublished Opinions, Evidence, March, 1999 at 56. See QDS:04700322. In Tran the defendants were charged with renting out the basement in their single-family home. The prosecution argued that hearsay evidence should be admissible because the proffered testimony concerned an alleged conversation between a building inspector and tenant during an investigation. It also argued that the hea
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 New York DUI Attorneys
DUI Lawyers
|