Media Contact: Randolph Yunker - (516) 571-2490

(Mineola, NY) According to Nassau County Assessor Harvey Levinson, his proposal to amend the petition that is filed in the landlord/tenant part of the District Court to require landlords to attest that an apartment being rented conforms to local building codes and zoning laws offered in September of 2004 is still awaiting action by state legislators.

“By requiring a landlord to sign an affirmation, you are forcing the individual to admit to the apartment’s legal status under the penalty of fines or criminal prosecution for filing a false document,” Assessor Levinson stated. “I believe that the fear of criminal prosecution not only would reduce the number of actions filed in court to enforce ‘illegal rent contracts,’ but would deter many property owners from engaging in renting illegal apartments and give the courts a clear legal basis to deny the payment based on the merits of each case.”

After an exhaustive review of the methodologies used by local authorities throughout the State to combat the proliferation of illegal and unsafe apartments, Assessor Levinson discovered that only a handful of municipalities enacted laws aimed at preventing property owners from being able to pursue rent disputes unless a “Rental Occupancy Permit” can be produced. To create a more uniformed enforcement approach, Assessor Levinson asked the Nassau County Supreme Court Administrative Judge, New York State Senate leadership, and Assembly Member Thomas Alfano to help facilitate a change in the petition to require the addition of an affirmation by a property owner.

Earlier this year, Assembly Member Thomas Alfano expressed his willingness to introduce legislation that would amend the landlord/tenant petition after the Administrative Judge advised Assessor Levinson that the petition could only be amended through legislative action.

“It is my hope that Assemblyman Alfano will be successful in reintroducing and securing interest in this worthwhile administrative tool to combat the spread of illegal and unsafe apartments throughout Nassau County,” concluded Assessor Levinson.