Over the past 40 years, there has been a slow change in the character of neighborhoods as single-family and multi-family houses have been converted to student housing. Increased density has led to traffic, noise, parking, and garbage issues. Because of these issues, as an alderman I led the push for a moratorium in 2006 to protect our neighborhoods. Approximately 500 Cortland residents signed petitions asking the City to address these problems.
In 2008, the Cortland Common Council referred the matter to the Planning Commission, created an ad-hoc Housing Committee and retained a land-use attorney to help develop a Rental Permit and Registration Program. On many occasions, the land-use attorney recommended replacing the current “three unrelated law” with a restrictive square footage approach as the best way to proceed from a legal standpoint. He warned that the “three unrelated law” would be challenged and that it could be a long, expensive fight in the courts. In addition, there were other opinions given to the committee that the city would face problems with the rental permit program as written.
As an alderman, I expressed concern with the proposed rental permit law as written and questioned why the committee did not listen to three attorneys’ recommendations.
In July 2010, Corporation Counsel recommended “grandfathering”, rewriting zoning to include a square footage approach and cautioned Council that a potential lawsuit by the Landlords could take years to settle.
The Common Council took no action on the above recommendations. In July 2010 the landlords filed a lawsuit against the City, and State Supreme Court Judge Rumsey placed a restraining order on the Rental Permit Law. It was obvious to me the warnings of the City Corporation Counsel and the land-use attorney that helped formulate the rental permit law were coming true, namely the City was now facing a long and expensive lawsuit that should have been avoided.
At my direction in November 2010 the City’s attorney again discussed with Council grandfathering all properties and revising the zoning and code as recommended by our City Attorney, two Land-Use Attorneys, our Insurance provider, City Assessor, City Code Officer and Director of Code Enforcement.
Conflicting opinions within the Council have resulted in a failure to take action on this matter. Two Councilmen who were members of the Housing Committee that wrote the Rental Permit Law strongly advocate fighting the lawsuit. Other Council members feel the City should work with landlords to reach a compromise. Failure to act on this matter means that problems related to rental properties will continue to exist.
Attorneys for the City and the landlords have said that if the Council agrees to grandfather and issue Certificates of Zoning Occupancy to student housing created from 2003 to 2009 the lawsuit will be dropped and the restraining order on the registration part of the Rental Permit Law lifted. If this were to happen over $60,000 in registration fees would be included in 2011 revenue.
The Code Office currently grandfathers and gives a Certificate of Zoning Occupancy to student housing bought before 2003. As Mayor, I believe working with and not against the landlords is the most effective way to proceed.
The City needs to be conservative and do what is best for the taxpayer by:
· Avoiding costly and time consuming lawsuits
· Enabling the City Assessor to assess more accurately based on occupancy
· Providing the Code Officer a more efficient tool to enforce occupancy
· Offset cost of new rental permit software by lifting of restraining order
· Protect general safety by allowing Code Office inspection of all properties
· Accurately identify where student housing is located for zoning purposes
A common misconception is the current plan the city is trying to implement will protect the neighborhoods. As a matter of fact, it could lead to sprawl in other neighborhoods as students in current student houses are forced to move elsewhere. Also, current student housing will now have extra living space available for larger partying. We should work together to solve the problems. The last 40 years has not worked.
As Mayor, I ask constituents to ask questions, and listen to both sides of the debate. You should expect your elected aldermen to do the same.
Sincerely,
Susan Feiszli
Mayor, City of Cortland
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