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HomeMy WebLinkAbout1992-1993 Newspaper Articles Regarding RHAC , 1 <.....v3...,,r<S.�O „ ,.........S -. ,f, ..: :.. ,.,.". �1 ..>.,n4>.. . r ..... y ...r.:..:, .< :,.-€ $' :.......� 2t"'F ::.9.8yy,, ,; E ....,...a ... .2:. ,.� d , ,a", £' > -`B � p'Y 1 n "/,�'i � „1, f J „.Acv .. �:- S S E "7• 7 t @ 8 9 g� s t 2 .x is -' c.,, ,.+, z tom” t 3 �.,..; ..::...,. <, t �#tea. .., „.�.,...,.... _.: ,_ „:.., The aca . , T, Tonight: Snow Low: 15 We9dnesday: ,Partly sunny Tue daY Hi h: 20 January 14', 1992 Hotline: 1-900-454-4444 TELEPHONE:272-2321 ITHACA NEW YORK Landlords blro city regulation By KATHY HOVIS Charter and Ordinance committee. "There was a special meeting called for renters, but her family leaving and used their security deposit to Journal.Staff Landlords continuously interrupted the chaotic you never got us together to ask us what we thought," repaint,the house. She finally recovered it in small Ithaca landlords again bombarded a city commis- four-hour meeting at Common Council chambers, said Ilene Lambiase, who works for the rental office claims court seven months later, she said. sion with complaints, jeers and threats of legal action standing to shout comments, while bewildered corn- of Kimball Real Estate. "We didn't realize the prepos- "The landlords.have attorneys. I think it's stacked Monday, opposing a proposal that would regulate the mission members seemed unable to control the dis- ' terous things being proposed until tonight." in their favor," Antoine said. "We need something way they deal with security deposits. cussion. But tenants who attended the meeting told commis- equalizing." But the Rental Housing Commission, despite the Last month, about 15 landlords came to the corn- sign trrembei'stories of greedy landlords who refused The commission is consideringtwo se arate ro o- ersistent efforts of at least one opposing member, meeting to protest its work. Between 45 and to return deposits. p P p p pp g mission's sent its plan to monitor landlord-tenant relations on to 50 people,mostly landlords,attended Monday's meet- "I had nowhere to turn," said•,£chaeau ,IIet+oran sals. Common Council, which will probably refer it to its ing. Ross Antoine, who said her landlord was angry about • • 2A Nation Weather/Continued Stories The Ithaca Journal Tuesday,January 14, 1992 Landlords NATIONAL Weather from Page IA) units. full commission. tentially involved, but other corn- (Continued The Accu-Weather®forecast for noon,Wednesday,Jan.15. "I Neal Howard, president of the . mission members estimated there Lines separate high temperature zones for the day. The first, which was, sent toreally do feel that it would be Tompkins CountyRental Housing council Monday, would establish a a positive thing for landlords, P are about 4,000 Cornell-owned -1Os -written check-in and check-out pro- said Alderman John Efroymson Association, said his group has bedroom units. 20sVia 1 f' cedure for landlords and tenants to (D-2nd Ward), who formerly hired a lawyer to thwart the pro- This morning, a spokeswoman #`� follow. chaired the commission and is now posed legislation. from the Cornell office of resi- -0s 0.111* 0�lF Howard ystate law requires a �® 0.it Some commission members say the council's appointee.' says9 Bence life said Cornell rents about L r landlord-tenant commission to in- ' `�� the measure will protect tenants "If I did feel it would penalize 500 apartments and the university ✓�'� µ from landlords who unlawfully good'landlords, I couldn't vote for dude equal numbers of landlords also provides residence space for 40 Os ;y"� hi: >> and tenants.Two landlords are rep- I 10s keep security deposits.Others think it, he said. "But I do look for- P 5,402 undergraduate students, al- landlords are left out in the cold be- ward to punishing those who abuse' resented on the nine-member though some of the units are dou- �) ,�w`:p®, i 20s 30 cause there aren't consequences for the system." board, which contains at least four bles. :� �fl "4"' �iiii„., '' bad tenants. But commission member Carol tenants. One controversial measure of ' : 30s s iiiam,fp ."It's very lopsided and we're " 0 `- Here's the proposal: Mallison, and more than 40 land- proposal sent to council was re-• A landlords who fails to return lords who attended the meeting, going to fight it all the way,"How- moved in the revised version dis- 70s N410, 4 A. 40s 1 Os a tenant's total security deposit said the proposed legislation is any and said. He gave commission tributed Monday. It would have 60s "i" must provide an itemized statement landlord's nightmare, members a four-page memo from limited the amount landlords could 50s showing why it wasn't returned. "You're convinced that land- the group's attorney outlining oth- collect — via security deposits and FROG; 60s • If a deserved security deposit lords are evil and tenants aren't," er problems with the legislation. first and last month's rent— be- .T� ga ak 50s 60s isn't returned within 30 days, the Mallison said, during one of many Zinder argued Cornell shouldn't fore tenants moved in. pay the$4 fee per bedroom unit in- "That was an affordability is- landlordfrustrated corn WARM STATIONARY o 1992 Accu-Weather,Inc. could be required to pay outbursts. "That's not triple damages plus attorney's fees the case. causetheuniversitydoesn'teluded in the tabled proposal be- sue," said Ed Dormady, the coin- H°"L ® la ED • x x to the tenant. Mallison and fellow commission collect mission's chairman. "But this is HIGH LOW SHOWERS RAIN r-STORMS FLURRIES SNOW ICE SUNNY PT.CLOUDY CLOUDY , security deposits and it already has much more of a The other commission proposal member Pamela Zinder, 'assistant systematic propo- vaa,000uePres, 'which was tabled for further dis- dean of students at Cornell Univer- a housing officer to advise stu- sal, so we're not including that in etission Monday —would establish city, fought a losing battle trying to dents. this package." LOCAL DATA anew city position—housing offi- convince other commission mem- But Chuck Guttman, the city at Patricia Poston, Tompkins Ler. The post, along with related bers the proposal sent to council torney, pointed out that Cornell County's housing director, said expenses amounting to $74,000, needed more work. It was passed 5 cant advise students about Cornell she's relieved that the group remov- TODAY LOCAL RECORDS housing. And Efroymson said lordse Wbulda be paid for by charging land- tOCommission with b ember nell st dent will be using the city's she- ed t was worried it might harm hat aspect of the plan e (Su pplied by Ithaca Weather (For the 24-hour period ending at $4e for each bedroomembers Markg herStation on Game Farm Road for midnight tonight.) unit they rent. Finkelstein and George Frantz were service and the university should ability to bargain,with;landlords to 24-hour period ending at 8 a.m. g 9 The housingofficer would pay. High: 63 in 1932 pro- absent from the meeting. find homes for low-income people. today.) vide rental information as well as "There's no balance to this I don't believe that Cornell But some,aspects of the recom- Temperatures: • Low: -18 in 1957 enforce the proposed security de- whatsoever. This makes me sick," University pays its fair share of mended proposal still concern her. High: 47 F. at 8 p.m. today(8 de posit regulations. Mallison said, as she suggested va- services anyway," Efroymson said. "I'd love to see them go back in grees Celsius). SNOWFALL (inches) Another part of the tabled pro- rious amendments that would pe- ` Zinder said she didn't know the the group and really rethink all of Low: 40 F. at 9 a.m. Monday (4 posal involves an annual housing nalize tenants who didn't comply exact number of Cornell rooms po- this," she said. degrees Celsius). Month 1991-92 1990-91 Avg. census to determine cost. condition with the procedure. All of the • 7 -- Mean: 44 F. Normal mean: 22 F. Nov 5.00 — 3.30- 65-- �/ �nnrann—_ Heating degree days: 21. Dec 11 03 9.80 15.5 • yilN urucr zs,1VUZ sato area MVMa1 I=nil.' THE 1THACA TIMES as dC(iact,W <3 1 q '2- I _ ROP-4'44,smfe,, ,,,„., :',.._: ,;*.;,,e''''" ---.-'''' , ..: ' I :14:, , j: ''' Re . 'v [ .i its ,,, 4 1 ' \ / 'I :in . „ , 4 ... - e : Ehe Rental Housing Commission t?,-,..,,, 1 >ubmits a controversial new law - ' o Common Council 3Y STEVEN EHRHARDT j OR NEARLY TWO statistics."For the last few months .;l i years the City of Ithaca's the commission has been under ` F Rental Housing Corn- the mistaken impression that MALLISON:"There is protection for tenants. CLAVELL:"You had to sense what was mission (RHC)has been there were 600 court cases last If people aren't availing themselves of it,we` happening.)don't think there's any doubt rying.to ascertain the state of year involving tenant/landlord have to ask " ,cal landlord/tenant relations in disputes,"she noted. When they ' security deposits are a problem." rder to help Common Council found out 600 was wrong,they monitor landlord and tenant corn- session, Mallison repeatedly it for formal presentation to et rental housing policy. On just said`several hundred'in their pliance.The ordinance would attempted to insert language Council. anuary 13, the RHC met to findings.That wasn't factual.That require landlords and tenants to which would permit an equally Plainly frustrated with the iscuss their first concrete was their opinion.The actual inspect rental property together harsh penalty against tenants who commission's decision to ter- roposal to Council.The nearly number turned out to be 150 coincident with the tenant assum- fail to comply with the new law. minate debate,Mallison mused, air-hourlong session was char- cases of which 34 concerned ing occupancy and again when the "In order to be fair,you have to 'If I had to do it over again,three cterized by contentiousness and security deposits. tenant leaves.A standard,detailed balance the law and treat both of us would have just left the nistrust'Ultimately,a proposal "The supporters of this check-in and check-out form parties equally,"she said- meeting —walked out. They ras approved but not before the proposal don't care what the would be filled out by both parties "I don't agree with that," wouldn't have had a quorum.But ebate deteriorated into accu- number is,what the basis of their in order to document the condi• answered fellow commissioner it didn't occur to me.I thought ations of bias and bad faith- proposal is,or whether there is tion of an apartment.In the event Joan Bailey. they would listen to a reasonable .pproximately 40 landlords and a even any basis for this proposal," of any dispute,either party could "That's because you're not request to extend discussion. andful of tenants looked on, Mallison charged. request a review by the Rental fair,'snapped one of the landlords There wasn't one reason in the ccasionally jeering and inter- Clavel acknowledged that"It's Housing Officer,who would deter• in the audience. whole world to pass that proposal upting the meeting with their true we didn't do an extensive mine the facts of the case.If the `I believe the situation creating Monday night except to satisfy the wn comments and criticism. amount of research.We did have landlord does not comply with the [the need for this proposal is ;personal desires of the people The matter under discussion lots of anecdotal data from people procedure,he or she would be inherently unbalanced[in favor of who proposed it.I think the action 'as a proposed new city ordin who came in or wrote letters. subject to punitive datnages.r- , the,`" "."Bailey retorted. the RHC took Monday night is nce,written by the RHC's policy Several of us knew people.What to triple the amount o r 'This proposal is trying to restore irresponsible.It shows no respect omunittee.The ordinance would you had todo - • „, ,, , 0r rs,of the com- reate the position of City Rental what was happening on' l' responsible for prove•ing pu,iC ship,- mission,for the public it serves, ousing Officer,and a Rental there's any doubt [securityoutreach;providing current infer- -Clare'concurred.'The main :-9f for Common Council-.It shows [ousing Office, mandate an deposits are] a problem.Joan mation on rental unit availability, point is that the security deposit is a flagrant disregard for the need inual housing census,formalize Bailey talked to 20 people from pricing and conditions;educating the tenant's money,"he said."It is to be factual.If the commission is heck-in and check-out,proce- different agencies in interviews. landlords and tenants as to their not the landlord's money." going to continue in this manner it .ores for the inspection of rental Maybe six appeared in front of the rights and responsibilities; "If I thought this would should be disbanded." sits when tenants come and go, Commission. I've talked to six updating the Rental Housing penalize good landlords,I couldn't `That's arrogant,"responded id allow City Court to force land- others.John Efroymson received Guide;and making sure that the vote for it,'added Efroymson. Efroymson. "There has been ,rds to pay punitive damages if several letters.All of them testi- annual rental housing census is "But I do look forward to pun- ample opportunity for corn- icy fail to comply with the new fled there are big problems and performed. - ishing landlords who abuse the missioners to look at the draft It's rocedures. The new Rental the most frequently cited is 'The committee has no idea system,* been in their hands since ousing Office would cost the city security deposits.We wanted to what the check-in/check-out "I'm glad you guys don't work Christmas.They've had ample 76,000,to be paid for through an deal with that right away. procedures would entail if a land- for Congress," Mallison corn- time to do research,to comment, nnual $4 per bedroom fee 'We had landlords come to the lord had even 10 units change mented. "This is totally unbal- to talk to their constituencies,and noosed on landlords meetings of the RHC simply hands in a month," Mallison anted.This is what happens when to pass it around to folks for their Last week's debate was dom- denying-there is a problem," argued."At INHS,we do that'— you have a commission that's all opinions. I have sincere doubts fated by three commissioners: Clavel continued. "The most that's how I run the business. I tenants and only one person that no matter what we proposed, Terre Clavel and John Efroymson powerful impression you get have four people helping me do trying to balance things." that Carol would not have been Kik the lead in defending the sitting on the commission is that this and it puts a strain on us. Ultimately,the commission did able to support it" -oposal;Carol Mallison,who there is a huge difference of They are talking about one person specify that tenants who fail to pay Landlords are already organ- anages rental property for opinion.There are apparently lots handling who knows what volume. their full rent when they move out izing a response to the corn- haca Neighborhood Housing and lots of cases of renter/land- would forfeit their mission's action.The Tompkins �rvices,argued against`it.She lord conflict but some landlords They have no idea whether one protections so questioned the competence, —even those on the commission, person would call the Rental under the ordinance, but no County Rental Housing Asso- Housing Officer for help or if a penalties were provided. ciation has retained the services -edibility and fairness of the —argue that there is no problem. thousand people would Mallison questioned the 1 -cti- `of lawyer Martin Shapiro to try to ommission itself- One suspects there is a certain *My assumption is that a cality,enforceability and fairness block passage of the ordinance. The first argument concerned amount of denial of the problem competent housing officer could of virtually every provision of the Shapiro submitted a four-page te accuracy and documentation though I can't guess what the handle it," Clavel responded. new ordinance,and was not sats memo to the commission assert- the policy committee's finding motives for that might be." •Obviously, he's not goingrto fled with most of the answers. -ing that the RHC is illegally con- '"widespread concern"among stituted.Shapiro believes that the pants and of a`high level of Efroymson agreed that the [take]all of[cases].He's going to Joined by Pam Zinder and Terry hap rater/landlord conflict"with problem was real."I think it have to use administrative disere- Pasco,she tried to get the corn- General Municipal Law of New ecurity deposits a major issue.' astounding that a member of this tion.'And the others?That's mission to extend debate for York State governing Landlord pporters of the proposed ordin• commission does not believe that where the punitive damages come another month on the grounds Rental Tenant ci'C sapplieion.The ice based their findings on inter- there are problems with security m•The idea is that treble damages that the proposal needed more Housing ews with local agencies,input deposits;he declared. will be a sufficient penalty to mot- work.But the four strongest advo- law states that such councils must om some 40 tenants at Renters' "I wouldn't say it's not a vate a huge amount of education cates of the proposal—Efroym- consist of seven members— peakout last July,and on the problem,'Mallison responded."I and compliance by landlords, son,Clavel,Bailey and new chair- three landlords,three tenants,and dome of such cases being fought would say there is protection for making enforceability less of an person Ed Dormady were one impartial member.The Rental small claims cowl tenants already available;from issue.This is the way it works in determined to send the measure Housing Commission consists of Mallison questioned their Small Claims Court and Corn- Madison,Wisconsin. If it works on to Common: Council.They eight tenants, one property inclusions, `The Renters' munity Dispute Resolution Center. there,it seems to me it's worth a deferred the motion to continue manager,and one landlord peakout produced about 40 We have not received one piece of ti y in Ithaca the debate-But the group did City Attorney Chuck Gutman pants"she said.'To that 40 testimony from a single individual agree to split the report into two disagrees with Shapiro's inter- sections.The section calling for pretation of the law."The council mple at a speakout demonstrates that there is a problem with the levying triple damages against the creation of a Rental Housing which the state law refers to is a ddespread concern'is wrong.It small claims court system. If landlords who withhold securityOfficer and an annual housing permanent mediation body.The emonstrates that 40 people at people aren't availing themselves deposits after failing to complycensus was tabled.By a 5 to 1 vote `Rental Housing Conunission is dif Tat meeting had issues to raise. of that protection,wehave to ask with the check-in and check-outwith one abstention,the ordinance ferent It is an ad hoc commission hat's 40 people out of the 7,000 why." procedures is a major source of requiring check-in and check-out created by Council for the intal units that we have in town." Mallison also criticized the disagreement within the RHC,aprocedures and providing for purpose of giving them policy She also objected vigorously to proposal as unenforceable, disagreement which reveals the punitive damages advice.Common Council can do le way in which supporters of questioning whether a single philosophical chasm separating against land• plords was sent to City Attorney whatever they want with the ie proposal used the city court Rental Housing Officer could the two sides.At the January 13 Chuck Gutman,who will prepare RCH'srecommendations.' a r ] N T [VIEWPOI , ..k. 2.$,ici I ICICt2— V/l iiikeS FISH STORIES II: THE RENTAL HOUSING COMMISSION IS THEIR FIRST MAJOR LEGISIATIVE bothered to check the court records for them proposal comes to Common Council,the selves. If this type of information was important are engagedan ranc ous,pc lar?zmag recommendations,then witsret it I debate alsentivhether thektmdints are get it right? valid or'their recommendatio ound Another argument,m support .the Two members claim that the Rental , conclusion of"widespread concern" was the Housing Commission (RHC) is stacked response at a Renters Speakout during which unfairly against landlords and that the proposed some 40 tenants testified about their problems. law is tainted by that bias. Others argue that Was the testimony recorded? Were the com- their tilt toward tenants is necessary because the plats categorized,counted and verified?Out of landlord/tenant relationship is inherently adver- respect for the tenants who came forward,one serial and that landlords already hold an unfair would hope so-but don't bet on it. advantage. Former chairman John Efroymson No such documentation of the speakout (now an alderman,D-2nd ward)went so far as to found its way into the RHC's proposal or even • publicly liken landlords to slaveowners. How into its minutes.And nowhere in the proposal is that was supposed to add to the credibility of the reference made to the survey of Southside RHC is something of a mystery tenants conducted by the RHC in 1990,in which Credibility remains the main problem with 55 out of 56 respondents said they were either this commission.When a group such as the RHC "satisfied' or "very satisfied" with their recommends a law to regulate an industry which landlord& is determined to protect its own interests, it is When pressed on the issue of documentation, important that they demonstrate as strongly as one commissioner offered the pat argument that possible that the law is both necessary and since Council established the RHC on the practical. For all their hand wringing over the premise that rental housing problems exist,the plight of tenants,the RHC hasn't done an ener- RHC doesn't really have to do a lot of homework getic and thorough job of gathering facts to build quantifying or characterizing such problems.His a case for providing more legal protection to stance is that their sole job is to make policy. renters. The commission's proposal makes reference Forexample, the RHC states that there is to "state enabling legislation'empowering the 'widespread concern' among tenants about'a city to pass the ordinance devised by the RHC. high level of renter-landlord conflict in the city... When asked what the legislation said, no with security deposits a major issue.'This could member could quote it—or even identify it very well be true.But how do they back up this They answered that the city attorney said he assertion?In the draft proposal they emphasized would find it. "several hundred cases per year" of land- — Maybe one doesn't have to gather data, lord/tenant conflictin small claims court— document facts,know the business,or know the presumably down from their earlier, mistaken law in order to make policy affecting two-thirds estimate of 600 such cases. But nobody on the of the population of the city of Ithaca— but commission actually counted them.And so,with could it hurt? their proposal hours from passage,a landlord In the last week several commissioners have stepped forward with a new figure derived from said they are "astounded,' "amazed' and a detailed review of the docket: 150 cases,34 'astonished'that some people doubt that there brought by tenants to recover security deposits are major problems between landlords and — seven of whom won their cases outright, tenants in Ithaca or that it is common for Lacking any firm basis for their own data, the landlords to withhold security deposits unfairly. commission could not challenge his figures,so The truth is that the RHC has had nearly two they watered down the proposal with vague years to prove its case and they simply haven't language about'more than a hundred cases.' done a good job of it. Having aimed their People can argue either way whether 150 court weapons at a whale,they hauled in a blowfish. cases out of 19,000 rental beds constitutes a high And now they wonder why they can't pass off the level of conflict But what cannot be argued is limp critter as Moby Dick. that in two years no member of the RHC —Steven Ehrhardt G U E S T W R I T .E-11'' Ste I venTEltunrhardt is a regular contributor to the ,ku\att.{ -5, , yi,-,_ ccu TJr POINT/COUNTERPOINT: ON THE ROAD HE VIEWPOINT ARTICLE IN YOURT schematic plans."That statement is inaccurate. January 16-22 edition titled"Not Sold On The schematic plans have been seen by: the Sales Tax Increase" discusses the Ithaca Town Board at a public meeting on proposal before Tompkins County to increase the sales tax levy by one cent. However, the author quickly changes November 7, 1991; the Bryant Park Civic Asso- ciation in a meeting,December 1991,sponsored by County Representative Stuart Stein, at a focus from the County budget to a road meeting of the businesses in the Plaza area and improvement project in the Town of others on January 9, 1992; by the Ithaca Town Ithaca—that is, the realignment and improve- Planning Board at a public meeting, with mem- ment of Pine Tree Road and Judd Falls Road. bers of the Town of,Ithaca Comprehensive Noel Desch describes the project as "a Planning Committee and Conservation Advisory marginal solution to the East Ithaca circulation Council,and others,on January 21,1992.County problem." The project has never been char- Representative Beverly Livesay has scheduled a acterized as,or intended to be,such a solution.It neighborhood meeting for February 3, 1992 at is a safety improvement. In 1968,when the East 7:30pm in the Ellis Hollow Road Apartments' Hill Plaza area was rezoned to commercial, the meeting room for anyone who missed the ' Town Planning Board urged the improvement of previous public meetings. that intersection which they described as A project described by Desch as "political "hazardous." Since then the Plaza has been Pork barrel"has been supported by tless developed. Auto, bus, pedestrian and bicycle owners and by Cornell University;which'owns traffic have increased tremendously, with the East Hill Plaza. It has been reviewed by the mounting conflicts,left-turns against traffic, etc. Town of Ithaca Town Board and Planning Board. Additionally, in 1978 the Town Board approved The Plaza and surrounding businesses all pay an entrance to the service station at the Plaza property and sales taxes; they understand that directly across from Pine Tree Road.At that time improved convenience and safety is a good Catherine Valentino and I were both Town Board investment for them and the taxpayers of the members and residents of the area.Anticipating Town and County. the problems that would result,we opposed the The circulation problems in the East Ithaca entrance. It was,however,approved and became area have been discussed for over 20 years. In a part of the lease agreement with the service these 20 years not one improvement has been station owner. I have been informed that the built. The Town of Ithaca is part of a renewed Town of Ithaca cannot close that entrance now effort with Tompkins County Planning, the without compensation, for the life of the lease, towns of Lansing and Dryden and the Village of for lost business resulting from such a closure. Lansing to solve these wider problems.I am opti- A statement is also made that"thousands of mistic about these efforts but they do not substi- dollars are being spent right now on the design tote for a long-needed safety improvement that of a project for which the public hasn't even seen has widespread community support and benefit. -Shirley Raffensperger Shirley Raffensperger has been Town of Ithaca Gi i E S T W R I I E R Supervisor since 1990 and served on the Town U 1 1` 1 !` Board from 1976-1989. tif;',14 City ,■ Association. A+Iea -h r* all tetinvitiritv nants, tenants and responsible rds to inform the COTIMIQn that There is uell' talk around the they support the proposed, reg- city concerning.the Rental Housing ulation: Coniinission's recommendation to •.11 regulate landlords' rights to with .itliaca hold tenants'-security deposits: t; it's, :out-time! Tti recommended reguj ions would ekeate a:system of check-in, cheek- t, .P8ce,lan4lO s'to 'Provide °4ys eithereithetthe` tenant's entire ser tydept sitor a writtenwrittenatatement that itemizes any withhold a , s will not, impose hat htPai0"a's or hut= rather it fi l a b . t3. * Who is opposing this imposed regi On Ms.i 5tadamantioppo-. nents are landiords who''arePres entll timet f .9 g good`l usmess and are l' *their pockets with iniearile ts: These are, the same lan s who insist that there is:no ten.` " Y diord problem in Ithaca. These landlords, see -no problem i ng Meir its by arbitrarir„retaining security deposits: t For example, I spat ,titer two days'prior to moving tlac ' and scrubbing.,my apartment be- cause I needed,iny security deposit.; Unfortunately, I waited foux months before receiving one tlad> of my deposit and no(further expla nation. Similarly,,:another Ithaca landlord retained my deposit to:re- place 'a kitchen stove that/was,,; broken ,moved :into' the apaitniont.: unagine holt these landlords.,stronglyoppose reg- Matin <. Iden` mean to imply that all lthaeuAindinins are unjustly..prof- itingfrontit tenants. I have had two<exp landlords in Ithaca. What a surpse to receive my secu- " • rity deposit'with interest within 30 days of leaviagmy:apartment!What a relief ta.see a.maintenance person' • at my door to fix an overflowing toi- let wititin.20 minutes Of catling the landlord. These landlords have,nothing to *fear from the proposed regulation. Regulation can only force all land- lords to andlordsto live up to the good business standard that at present appears to be a matter of choice or conscience. I consider •the proposed reg- ulation the.first and:important step in tichievingaLbalance of power be- tween landlords and tenants. In the long run,Ithaca Ithaca needs a Tenants' • week b 0.,!, s ads "t eve& r 'y'M fir 1 f .: }�M 'Y 9 Y- R2th th r s.T $• s: .y�.,' 95 s+F, . F e a" c ion rehisedto$� z mo ons- o n recon • '° ani ►roti a'teer 'from ; d , itt os iear £the"i rca es last w � F.. „Rept4lHanaing Co di a. � Y.4•fd 4 r"_' ditor bad-7ob.At this point.the; ` 5 scion. T 8t ership,'and sen th (# Y l a" . . missed tofthe n back to work.There is no the fission eight • edito ' r. r f'a irtain "" us .here."The renting public � to Rentalr s that the : sing;Commissionbased its ,a more professional effort`to < ` • case oit#fir personal opinions •i ove•the rental 'housing. ..-mss.. rel a Einson sc and not on d a :s t�oa in Ithaca.. make.t..heeir recommendations? a 3.s d r a S # SPECIE. :l0. • •• cdotal data""oi the Ithaca tenants. yten- „ 5h lhscoveranr specific�'h -;thfilifilthittioyfthe le -the-atet ''t do Last wenk,ti2e Ithaca Tinter citg.taxpa • , r • Pow articles on raising :' The,riser'from ("Cents and Sensi ity") and ns ' crating a' agency to stele —SHIRLEY deposit dv6p< hF ' �.'Was the ir " more:-bureaucrst lost on .1ropert,y owners-Who this �._._ ,,,G,,,,,,„4 „.„,:!,-: -,... ,•,":"•.: 5 E ? ... R • J µs ' ® i# ' ~.1 +-T �� -,4-,,,,----,::-'_'''.....c:' 9:at.. a • ia7 ' i bye a g z 8.' R _ kY � da. � Rights"- -e 4 w ? 7 3 `- , z Y1. RFr2 R,; �{ x 1^aR z �,s a 2 aH J #'$ 3*Rt ;•2..a� .➢� ,Ap'x24 - ,x .fid a "hr. 4 a ids,; 13 x :s S � yl I `"' .depe.de f Y '1. �1880 in ='..:, da rt ° =year bar Sun,'Inc,_ f . t :! s C - ,'AV �. " !moi'.' 5- _ _ 'SW Ye 3 . _ x '..,),*-.4.,-:-' - r`r4 -� r 4` .- . '").rt. per.tos 7 J I ges �Y »�� r l 9 L Iic .) time steppe ` Wei. ¢� ci rte,` ; ep d i 3,,i,,,,,:,,,,,,,,,, • f Y4 oau laaw; .t.6e4 Asr; �:�pa f ` �t ', rv- �a'red:m zc>ae 11if ' _C�: ae ' d� t �Li� ide . y�pl� Fssp � ;andv . time In ` 7'7'-4.,:, ,\ fir rely_ and gy bexrcial, with = and living comfor � f - y�y q p VFIw/+VW'2 . ,re ars-for to-:-,'-.4&._-',;: i;;-t-;',Y' � zig � leo I activities$re��E fYf4�. --.7::;;.4.---:...,,,I,74-.:Lgio—';:::;,:-.:'' x e4as sc i r. aa .r . sn yr; a . $�$�Foc A ' -'''ir :y A , * .Aa# r r b 'i 4 L7= A fi a "' .�o .,7:. �Py. i - za' ,f R i'1ts � 'r � g 5.� . * rrfAW& 0i Rr `S A w .< � ,'s >; " y �;'S. � �Fqaka o � ; d3 � } � e � ' 'z *A : A4fis �6 ,r fi4 � s ys fi ra fi" a*afl � a A4r � a ` §es e ,« �� -� aRax , t' g40 * yas.. , c 4 g�44# a s� # `T y . 7ffi 6` Fi. L5 „a . c ''' 9 +;°^r ti'.'",‘,..;;;.A ! co -y , '' +* wr '�d �`z ,KN ,.k � ,teaS "x' �� *Ls' ,, � , % i$ . 2,, * d `' ux . 3 �. � a a 4 * t' Ae t 3 � � � i,,� YV Y �F;,x � ;+ `r f£,, -0:,,,..N.,0*- rp � .aiK.,a y� £ ' - 1� $ 5" �y''',4441,0.4'.147.'"_,,-.-4,: n7.17#•' sB,..,'''''''-',,i': h sya.d mh � � a��� M � ' , z= e ` yt a :sr € ty',,:20.,',,','.17-,,A):01 )#2e a "r r. ., d .�d ';';',;:-.::::-';':':i„'":i_,;'5;':Zl . b°�+ �g�3, t�9¢ I6t C^ .Yxh r bE 1a 8 h f;trpa $°S c3 x pp tCJ.�i{'Ys1 � . S e a ! _ eii,me� for x ,,;,¢� e s cit` ,asa ,x . , <,i . fd imes i ' rs` i' � � . re x e� 'his n , .. max.---0..-:. _;,-4;,,k'•4•_;4,3 qa s -#� s m �� 44.44. a � Yi Uzi e. 0-1,to CD "b gk61,n 00 0 0 8 0 t O O. •Q3..flil� N , ,,....a -1, •e) i '- ' y ,5gi. `' i = fir. r ' 13'irs' w g ...ovvoill - ' twit. co2 4 ee^^tt E p O FF99rr � �� �.e� il.UP M I .IiJUfiLt p p 00 ry n let'' : [galiwa.0 g v tI1HuILIE I [IIJ , Vp. 1 „1. g...4..- 4-51Fbt• A . g,. ..E.: " ',), E. '4.i. " t:e g .--- . ...6.13, — ... P.... 1i. E. 4 o Fir CD �` ��+,c0 O� fp Es C � (/) ,i� I�tt.t� � O 1 � 7CT� i. lD C 0 r:-.,4 Ca O.!P i 5,. c g 0 $ r M g ' .0 k St ci, .3E0- fici, ii, c=:). , ' . '''' '41 tslt.-$. --8 0 gs . ,. ' t 0, ,Z$ 10-, , „ or - ,, , ,!,, t i i ,,, , ,, , ,g1„ •,,r. * 01;0 ' 0 •ci, i ' 4 0., 0 64 at E.. Olt ' , , . sioniiimil ',. l''' . ii, .''' , ' t^i.4' 7.- ; , ' ; # 2 t 0, .0. i:1.34 to 0 g t',.ta ' , ' ' ' ,- .z.., , 2, '.;` 0, - ..-4 ..., ' .1‘ , ' : ., , '0 i I i 14# , k t..4 t RI 4 i . 01 ' ' i'' ':. *Ittlf ' kti^1 g '.1 ' ,i i 1 `,.,' '',. I Cr";:l.1 ' .i $ i I. , ,,r,. ,,:,... 1 / 4 ,e1 t` «,::. ,.„ ' RE,: .F''4 .F ii4 e P. .„'". g & 4 1 k, ; '4' t .1 • ' i, • - •- kg .11 m` 11 2 i(0..2 ft ',Ef,es ' , . It, sg,' •! t.t4r.,, ' gke, .:4 5—t'titr.P 'it; k r,4 II' a,t . r.,, :-,,, ,', „,2. ,, ' --.k.,4,'1 ,-,' , '''."14 Z,. i:!' 1. :: ,.;`, , §-, '., : ''' ,:''', s' ., 'iii;'-' 4,41,,t1 , - , -.i, - ,.,:. ', ,, .4*:,.:_ t;',:::!„-, 1 ,,!' , i 4 N k I.--,- ' • • -., il :: ,.,' r vitit, f-, 4:4-:ki',',- ,-, ;:, •:. ,'*4,, ,....,;,' { it and the landlord shouldn't have imbalance as tenants would beef one party if they abuse their' tenants. I hope Common Counci v 1 14T.frotn pia to go to court to collect lt;this the above scenario was real.The responsibility, does not create' will take seriously the need. eed for proposal finally allows landlords to fictitious proposal above and its balance,nor does it make up fora balance of power'by establishing with responses as:What's wrong restore some balance to this many justifications would be lack of balance. Instead, itfosters that both landlords and tenant. with going after bad tenants; if clearl defensiveness and'the'us ainst have res o tenants don't like renting, master-slave relationship. y offensive, even damaging ag p nsbihties, and ethe# they,' c to tenants. However,these same them. atmosphere that has been party',may be penalized"if;they can..buya house or move to Fictitious landlord advocattes , scoff at the idea that somehow arguments have been considered dr a atlzed since the real Rental: abuse;that t espon b lity. ...n lly%: another community; the only` tenants are vulnerable and their perfectlyat:ceptable when applied° Commission's proposal fist carne with_regards to the propped tenants who are: against this to landiords. In 'the lead- to the table in November. check-in/check out procedure, 1 proposal are the sleazy ones;good concerns valid. I ho e Fortunately for real tenants, bard/tenant relationship, either p, members of Common hope Commons Council ,will tenants of pow thing to feat,the we do not have a commission darty is capable of being "bad. Council will not have to fight for consider carefully the coni balance of power is totally out of intentionally favoring landlords. But the proposal approved by the balance the waymemmbers of the mis ion's request to mandate a whack sinoe.tenants have Unfortunately for Ithaca, we do Rental Commission establishes a Rental Commission have done. I new'system for all landlords.ani complete control over paying' the have a Rental Commission that penalty only when the landlord is hope Common Council is able to tenants,when the reality is that last#rlottth's'roagt andho'much does not fairly represent`both hod.—---Ple n atthat start from a position that either party can voluntarily damage they;ll`cause; it s aboutti • timP *Anaa4e rQ''.,o ��e ��.�� sides of the landlord/tenant Creating legislation that promoting education and corn- exercise itsown system anti can y dP4 SdT.-c ,o.y .�f.' ��l 4t4a:,..-..,:f),;'...,;4;;.----,,,,,,, x y .x, Ai SW• d t 8 n d KetPGkb #6 1.wy � a t..44 4 .�� .fe6 t �T; 34 p . $ $Khka XE . ,i-,...."",' F „,,',4,%, tl nd m L+ !4n g, `' d t � 4 .a�Y 1 3Ba �f xaF ii� , Y ti S q nr 'fi .' ' A�Gi• M: 8 a G s ffi8 qp 3 i in `* a +�, i � '9 r r y P # kt R yw.yy- . 61 (3 i b ?'. k . Y 4,61g. qqB a�. CY�':rn'31”Twl 3-',k40b� A._ k S4 k 7, - M. „,„...,,,,...„.,.....::,L...1,41,... .,,,..2.,._,...„ 9 , ! �'+� tom` ' ,ILa n tr : .} w '. sem ; �� ,,_,,,,,,,, /..:45.:,-,;,,„,,,,✓a 4+a .2 - a� 4� : c" OF-, B y- ng g9July,2 a a.--''7'..!:"-!..a.',.. lie";., '� +seri m o •es?'''';-.4-,111;77,..„,,,,-,--.':-.f6 ,.yin c,''i V '. A F' �-: 9 a 8.,'t r � _ �., .;ii' N"a ._w r t5 sh ot"enfo e. i °'�" a ups,"�I t �iti m tte . again t� mission?s. July. 2 e ' , service is a- re=t Q' g i m coif- , o;--,--q.,-4,-- 4.1,,.,,,,,,,,,.,--'"g ;Ofi e, .ft p �tbl° Hhsing Se' c� � si 1 �,,�,y. F � zateii' r q Sg .r g "� 4 en ..!...04--!:,� G 8 t e F� t� a N. '.. „,.,,..,..4:01-0:,...,,.; :k:'-# � sa- c ' ardi g G f tiE �� ,the public of o s s �' i tanc eee =seaharWen cem `oeyciitnailablmdri ` .gs �. ie nu ly itai ed; in the di s, ndrla ' ty eplFai ;ms � te ' n v e'` s udb ,ve yr brothlrwoul.fld tAllgThs or>It' ug er -ep son' Hol nt an t Itligu vi1i r asistancepkns;.' � omlot of_� i�ssshieaer ate o ity go� ��ufttof �`� t beee6.;;;i4,...4.--4': tto co ntwill d *A it a SS -rno. t.:t 0 u y-61 7.yc!a ��nSai' �@ @ .� � �ba ^ �-ite ;;,--,-4-...,-i j«�. • ivitkfiw- '` fp m iCrossroads or �-"p mD . `�"l n C kuk GJ of our community...We need to Gridlock? �7 do things to balance the jury pool The war of words between i O 41 • D . pa t cegmngt.of sour commd be isn members of the city's Rental L participating as they should be iy' y the:administration of justice by' Housing Commission(RHC)that being on a jury.I don't see that has.been rumbling on for over a - happening,and a lot of other trial year turned internecine this month,with each side accusing lawyers would say the same." the other of thwarting the RHC .nlopprSeldin agrees with critics that the process through which names mission. "The current Rental ,,�� Housing Commission (RHC) , are selected is skewed. "The composition has led to a political deficit is created by reason of the gridlock,"states an August 5 letter fact that we use these lists: from four RHC members to licensed drivers,registered car ' s. Mayor Ben Nichols and Common Notev,state falls into os Council. "There is no basic' Not everybody theabs into those agreement within the Commission categories?So bar association on what problems and issues face will concentrate on increasing the the renting population in Ithaca." number of people who volunteer The four co-signers—Joan Baily .. for the jury Pool A committee has Pierre Clavel,Council liaison John ";' '` " • F been formed to visit schools, Efroymson,and Chairman Ed • °`k� s -. religious groups and other Dormadyurged Council to � ` organizations to educate the dissolve the RHC and to write a g y f��Y_ Public asto what is.involved in more clearly defined;charge for a ��o jury duty The committee will also newly-formed commission. POINT iffier Nichols says COUNTERPOINT...but stress the importance of partici. Earlier,in a resolution dated the member Maris Finkelstein, pation in the system,combatting a July 22,the majority of the nine- 1niSYnde1st00d 1110 says they're int looking for problem almost as pressing as the ts - member RHC had recommended 'commission's original _ nilninilplgWfantted useelctof ntae tors rvend vTeer cliounty that Common Council reconstitute re for landlords. reluctance serve.The county idea, sends out about 1,500 •question- the membership of the Commis- - • naires each month; half are sion to provide what it called`fair, for the non-profit agency Ithaca approach to increasing minority returned as undeliverable,and of balanced and guaranteed repre- Neighborhood Housing Services, and low -income representation on the remainder, a third of the sensation on the RHC of tenants, acting as landlord advocate: local juries. The issue was respondents are exempt or ex landlords,and other interested RH C member Pierre Clavel highlighted at a rally last May in cusedforonereasonoranother. parties." Those five majority takes exception to Finkelstein's which opponents of the current "If I had a dollar for every members—Mark Finkelstein, -version of recent meetings."What system—under which potential person who's called me for help to Carol Mallison-George Frantz, they[the majority] were.doing jurors are drawn from lists of get out of jury service, I'd be Terry Pasco and Pam Zinder'— was getting us into deep water and registered voters,motor vehicle speaking to you from my 50-foot specifically wanted to see more goi• ng against the mandate when registrations,state taxpayers and yacht,"Seldin grumbles."It's not landlords represented on the we were set up.There were a volunteers —charged that it as bad as people think." commission, series of things that indicated to creates de facto discrimination. But the association is stuck for So we have four members of • me'that a majority of commission Bar Association President other,more comprehensive reme- the RHC who want to see it members weren't for renters." William Seldin dissolved.and re-formed with a points out that the dies.: Seldin rejects the notion of newly drawn mandate,and we Clavel says that as of last March, current method exceeds,the consulting°other sources,like neve five' nm ands who nsd e "we couldn't even get the majority legislative: requirements under utility customer lists,for names."I want the resimplyi- 'to agree that there was a housing' New York State law.But Seldin am convinced that it is not going • wantd to include membershipmhlandlord problem herein Ithaca."He points also acknowledges that the results to happen by establishing more representation.tto the controversy which devel leave much to be desired in terms lists;he says.'You have to go out "The problem,"says Mayor oped over"a rather innocuous• of diversity."An exceptionally and really encourage people to Nichols,"is-that-there there are great security deposit agreement."The :stnall,percentage of multicultural participate.Absent that,it's not as to what their August 5 letter calling for -members;ofour community are in going to get any better. differences are.A rnwhatytheid dissolution,which Clavel signed, -the jury pool system,"he says."So "Perhaps the legislature needs objethere should be more landlords states "The five month long, while- we are complying with the to look at the situation statewide," on the RHC.Those five members fractious debate over security' judiciary law,and we do better Seldin suggests."The jury system missed the point of the charge of • deposit legislation in the face of than most other counties in is central to justice.If there is an the commission they accepted overwhelming evidence that complying,we do not believe that imbalance,by necessity we have a membership on." t he,mayor says deposits are abused is one exam- our' compliance necessarily system which is deficient Pie of the absence of consensus translates into reaching a.segment —Claudia Montague that charge was the result of a on tenant problems." 1989 Rental Housing Task Force "It's interesting, observes report. He concedes that the ,Clavel,"because it kind of reflects Q of, IDwgrhti� N language of the task force recom ffte Wince Tunas learned Wednesday.morningshat Mental!Housing mendations regarding the forma- 'the national election.On one side Commissioner Carol Mailison has been remover!from th:e tion of the RHC was not entirely is the market-oriented people commission.Mallison says,she learned of her dismissal Tuesday in incorporated into the commis- otherwith the landlords;on the a hand'dellvered letter front the Mayor's;office The letter stated that other side are the good"liberals on because'Malfison is na tan er a cit :resident,'she fs leo ible td sion's charge:"There are somef� y the side of the renters." serve ori:a of tximmissicn But 1.4110on tind5'the tim[n and the possible ambiguities." f!F g According to local developer/ using Nichols of employings."Th to the comirtission and the mayor t rdeatly teas ntot;been an ever, "Our charge was taken heavy-handed tactics.He says the issue until now"In fact,Mallison says at the time she moved then- mayor told the majority commis verbatim from the recommenda- Chairman John E rdymson toDitntl into the matter:and cant'tuned that tions of the task force."Finkel- sioners to resign when he shecould#nlshherterm which*60*!,!Deoititgitowniumingin tended their July meeting,andOut M ear Nichols, . s'disrmissed'Isnot the ht word: stein,who ran against Nichols asy the Republican candidate for that the mayor's office has put the ;the rr't'erigO Wtoty.-ctt hoopenetl e/feeki hen p.0P served mayor in 1991, objects to the RHC on hold while Council's on city boards and moved out of the city"Nichols says he was accusations that the RHC is stuck Planning committee re-examines 000.041#100tMatlison had moved'until this;Summer's debate in a'political gridlock?In a press the present situation."We have a caused him ttr look into theconstitutioin of the comm] n "Wotil working quota that's able and ta release last Friday,he stated that bout rips'*0000000:44tto ane 'as soon: I heard about if willing to meet," Finkelstein lookikElM lt,andthechatteris tc the sometimes heated debates Appoil declares'."We want to go forward "l find the Pimm of it rather._kitsrest[in "s s lulallison that have marked the commis- 9 ay sloe's recent meetings are"the• and have a meeting.There's a Althougft the farn'commissx nihil favoring ithO tit;itkSM sagf g reason give and take and cif- number of important on the to meet anymore.-the other five members including MBiilison ferenc normal in views as to the best table. If there's a gridlock,the • Went ahead with plants for a meeting Wednesday night '"#ire mayor way to fulfill that charge,and not mayor himself is creating it." has beets tooktrg:fora loophole to break ua tipsasserts:Mai on: Finkelstein claims that Nichols Why? I thlnkthe mayor has;specifit th hewanta_fo acgo the result in differences in how to interpret it" encouraged at least one RHC and he writ aceom0sh them;arty Way he aan."shii Says "The rules "Some things have been member to miss their last seem to;bend in the direction of theaction ha'd like to!see take ,accomplished by the RHC," meeting. place"Specically;Malfisan says,the mayor wants the commission admits Nichols,"but it's been slow "We must be fair to landlords," to act as a tenant advocate,while the five me'nrber majority its and laborious due to foot-dragging says Mayor,Nichols, but that ung bXr a more balanced approach to It1tac'as rentat ttousiing on the part of thosetryingto wasn't the point of the Commis- iSSue& 'protect the landlords sion...it was created to protect the, But Nichols insists that Maflisorrt*s longstanding criticismis 'This is not a landlords versus rights of tenants.' had nothing to do!with her leavens the cortimission hs stouts is tenants thing,"rebuts Finkelstein. The mayor expects that the unfortunate he itoncedes."It should,have Steen smite a year ago; 'We looked at the ordinance that RHC will probably wind up with But once f cods aware of it,I.had no chotee ftlke.ference in views an extensivelyrewritten charge is not#te sue h " created our group. Under the g Wednesdays Rental Housin (Commission meet'. go rules there could be a RHC and a new membership,"and after on as .a netl s x, Mailmen,and she wdi intend tlfl will without any landlords.We're not a couple of months we'll be back 0 rl bot a5.ii necessarily even looking for parity .on track." member of the public not as a cotrittttssioner"f here ars people -Gene Ira Katz who would like me to challenge[rhe tlismmmissalj"'she says "but rye [between landlords and tenants], decided to accept it.'Phis whole thing has t ate so cont iiiversi3l but fora minimum guaranteed hs hard:to see wttat the commun and lwouirt airs front f htl ` representation."Finkelstein is IU1�l g �f currently the only landlord on the The Tompkins County Bar Assoc'- RHC,with Mallison,a rental agent ation has adopted a proactive ... "-''w8trdla 14 6 4 4 1 4 1" - a , s" k ' l � " r A;- ,4 k u� r,. .s x a , '.-:-..,,,....:.-,4-;,4711:- a A dJ f # t `� r ' TS'4 i `n _ , #M j2UA{ 4424 ;,4P " w4'1, x «.a a"+w;t ,'''-'-if..'' FE `, x , auk n»e $ w 4 ,,V.- 1, y F �,F X , , .'r,BE s, aztc e Landlords a v y. Ex >.y y ---,,, _ ' n% s sr x yeah A • ' 3r C I•8 „t'"" a p eon e. . f • S y.ds 3- rL i d�8 t4 � � xi ' 'L B`'8t+ f ,f "5A i , ? 3� • ; V!!,-;T� ,a �a 3 s a s 4 s 4 a ":•.!7-;:,.;,41,,.,—.:.;_;.:'--,'",,";i1:-: re '. m= � t au�x.. .: .x '�3-t � s v di s.p a 4 r,-',..3•T7,1.•.-...:-;ya+. �,i''�- a.'r i„ ia' a.a'k'- y `W4,.� f},f Ate. tom' ' r' ,ti -. moi. 'n R. 'k rat 1 ;n ,3 Y, b k&- �. .rf� J+ =— x . 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"I don't think anyone's service on the commis- sion deserves to be referred to in such a conde- ion has resigned and accused Ithaca Mayor jamin Nichols of libeling another former scending manner,"she said in a letter to com- mission member mission members. — Rental Housing Commission member George Frantz, Alderman John Efroymson (D-2nd Ward) i a letter of resignation dated Monday, in his resignation letter to Mayor Nichols called Nichols'comment"an unfortunate use of rge Frantz slammed Nichols for his criticism words,"but stressed there's no point in rehash- inner commissioner Carol Mallison,who ing the past lois removed from the panel in August. Nichols removed Mallison from the commis- country." antz cited a letter Nichols wrote to an sion in August,saying her move out of the city "Your letter displays(a)verybasic contempt s• impeded itsd the unrest on the that the bony aped person in which"the ysaid he did made her ineligible to serve. cp Q has impeded effortsutd — and the body mayor _ � for the democratic process and our constitution. should be reconstituted with a clear charge to regretMallison's departure from the corn- Mallison had moved out of the city a year . ."Frantz wrote."This contempt not only runs concentrate on"tenants'rights and interests." ion,since"her only contribution was to before her dismissal,but Nichols claimed he had against the grain of the American democratic Nichols agreed the work should be revised to vet and delay." just learned Mallison no longer resided in Itha tradition but is'contrary to every tenet of the concentrate on tenants' issues, and said he terviewed Thursday,Nichols called the let- ca.Some commission members said they felt the socialist movement worldwide." would not appoint new commissioners to Irivate "It was not a public statement," he mayor's action was a political move to squelch Commission member Mark Finkelstein said replace Mallison or Frantz until Common Coyn- dissenting voices on the rental housing panel. the panel voted unanimously in August to con- Li]considers reconstitution of the body. declined further comment. In his resignation letter,Frantz, of 604 Cliff mend Mallison for her contributions during her Council is expected to discuss changing the antz called Nichols''characterization of St.,called Nichols"an utter embarrassment to 21 years on the body. committee in December or January, Nichols ison"nothing short of libel." the progressive and socialist movements in this Mallison said Thursday that Nichols' corn- said. 258.3 Ownership of Security Deposit/Trust Provisions. Whenever a tenant shall deposit with the landlord a security deposit, such deposit, or any portion thereof, until repaid or rightfully applied for obligations of the tenant to the landlord, shall continue to be the money of the tenant and shall be held in trust by the landlord with whom such deposit shall be made and shall not be mingled with the personal monies or become an asset of the landlord. • 258.4 Notification to Tenant. ------ Whenever a tenant shall provide to the landlord a security deposit, the landlord shall provide to the tenant a written receipt for the security deposit and shall further inform the tenant, in writing, of the location where the deposit is held; if the deposit is being held in a banking organization, the name and address of the banking organization in which the security deposit is being held; and a statement as to whether or not the deposit is being held in an interest-bearing account. r 258.5 Obligation of Tenant to Clean Premises. The tenant shall have the obligation of placing the residential unit in as overall clean condition as it was when the tenancy commenced, excepting normal wear and tear. �r. 258.6 Return of Security Deposit by Landlord to Tenant. i Within thirty (30) days after the termination of tenancy or the surrender of the premises, whichever occurs later, the landlord shall return to the tenant the full security deposit deposited with the landlord by the tenant, or, if there is actual cause for2:11 retaining the security deposit or any portion of it, the landlord shall provide to the tenant a written statement specifying the reasons for such retention, including a good faith estimate of the O cost for each item of damage. The written statement specifying the L n reasons for the retention of any portion of the security deposit NOw shall be accompanied by a full payment of the difference between the security deposit and the amount retained. Nothing contained in N CD this section shall preclude the landlord from retaining all or a portion of the security deposit to cover the costs of storing0.011.11 and/or disposing of unclaimed property, for non-payment of rent, L able and for non-payment of utility charges which the tenant was ■ required to pay directly to the landlord. 8 5 Nothing in this Section shall be construed to imply other than 08. it is the landlord's responsibility to return the tenant's security L deposit or balance as soon as reasonably possible. 258.7 Wrongful Retention of the Security Deposit by the Landlord. In the event that the. landlord willfully and without good L ■ cause fails to return all or a portion of the security deposit, a court may award to the tenant up to triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs. In determining whether to award such treble damages and/or attorney's fees, the court may consider the past practices of the landlord regarding return of other security deposits. Treble damages and/or 'attorney's fees shall not be awarded pursuant to aOk this Section where a landlord has made a good faith effort to estimate the amounts which properly should be withheld from the ■� security deposit and has returned to the tenant the balance of the fs, security deposit in a timely manner. Should the landlord, within the• aforesaid thirty (30) day period, fail. to return the entire the security deposit or fail to provide the aforesaid written statement specifying the reasons for the retention of all or a portion of the security deposit, accompanied by full payment of the difference between the security deposit and the amount retained, it shall be presumed that the landlord is willfully and without good cause retaining the security deposit. 258.8 Burden of Proof. In any court action brought by a tenant for the return of the sec}rity deposit, the landlord shall bear the burden of proving that the withholding of the security deposit, or any portion of it, was justified. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 Office of Telephone: 274-6501 Mayor Code 607 To: Common Council From: Ben Nichols,Mayor /✓ /, (/'67 • Date: September 11, 1992 Re: Security Deposit Legislation At last night's discussion by the Charter and Ordinance Committee of the proposed Security Deposit law some landlords asserted that they could not return the security deposit within 30 days after the tenant's departure because trash tag fines were sometimes received as late as 45 days after the violation. I checked that assertion today with the City Chamberlain and the Superintendent of Public Works and learned that the procedure presently used does occasionally lead to such delays. Those procedures will now be changed so that we can now assure all property owners that such bills will be sent out well before 30 days after the violation. cc: Bill Gray Debra Parsons Chuck Guttman • ms �� � ; AF1 iy$ isc�fi -;;;t*?..!..:"::::::1"''':''''''''''Z .:;.:':.-::;",•,•.;•'...:4:;1'-:-:?:&':!'''!::::' LL dile* • #:fr"#::::::-,4'-::::::-1::::".--,.-,-:':,,:''',,,,,..':,,,,':,-,:: .VN k „s3 ,:A'',s i -ma14.11'::::1;,.'-'),.";' h5 ro t� d k rr, r r 777,R ri MF Y ` { idGza "; ni �' � 1 t1 +:. ° f :" - irE ,: °"kly "� v x •';!..1.t E7 �{ x 2 : ca' •,,,-7„.1,•,),1,-.1.•-•.•, tP ° e . rn r a 7i rt £ v {^i iE .1fr::±=4i#0,:',:,i-N.:..;.7;;;..:''',,,',,it4,U.:,L'#:', ..:,!!i!i!4.'''::1::....i..'-i.l. , At-4,--=',;":4,117i I:7.,:..-'1::: '.::;--.4.''')',1::::,;':,:'•'•.i-j,er777-•-rrt;'' - ''' i + S {a+:!'- s, ' „.ami'd 5• '�- S i. '� ' R K� . _ ,3„.... 4.„,,,., 31 .. How to write the lease for tenant and landlord: perfect As a tenant you want a landlord applicant.Most importantly,the land- property (because they want to get time. who charges low rent, maintains the REAL ESTATE lord should phone the tenant's cur- their deposit back when vacating). Some tenants are motivated by'a property impeccably and doesn't give rent and two previous landlords to For the tenant's protection, the discount, such as$50 per month,for you any hassle,especially if you are ar4 ask: "Would you rent to this person tenant and landlord should thorough- paying by the first day of the mond few days late with the rent. <' again?" ly inspect the premises before the ten- and not bothering the landlord during As a landlord you want tenants •The rental agreement.Many ten- ant moves in. Any defects should be• the month except for major repairs who pay their rent by the first of each ants prefer a one-year lease. Others noted in writing. If this is not done, Other tenants need a few days leewa) month, never complains and don't ;', want a 30-day, month-to-month the tenant is obligated to pay for any with a stiff late charge if they pay after cause any damage or disturbance. rental.Personally as a landlord,I pre- necessary repairs when the tenant .. � the third or fifth of the month. Although these wish lists may fer a 12-month lease with a month-to- vacates.Taking photos of any damage seem irreconcilable,they aren't when -< month rental after that — the reason at the time of move-in prevents later • Other perfect lease conditions the landlord and tenant enter into a ROBERT ' is I want the tenant to stay at least a disputes. Most rental contracts are printed,bu lease to which both parties agree and BRUSS year. The perfect lease should specify the terms are still negotiable,especial each party treats the other with tour Whether the landlord uses a lease the security deposit will be returned ly in a soft rental market. tesy and respect.It all begins with the prospective residents, present and or a monthly rental,the written agree- to the tenant within 14 days after For example,I know one landlon steps leading to a perfect lease: previous residences, employment, ment should include the following moving out,minus any damage repair who advertises "pets welcome." As • The rental application. Smart income,Social Security numbers,driv- essentials: costs.The landlord,or property man- result, he gets$100 more per montl landlords know 98 percent of prospec- er's license numbers,reason for mov- •Names of all tenants.The names ager,should quickly inspect the prop- than competitive landlords who don' tive tenants are honest people who ing and past rental history. of all tenants, including children, erty after the tenant vacates,but I've allow pets. His apartment building will pay the rent and perform their A non-refundable credit report should be included in the rental con- learned it is best not to refund the smell, but all the tenants who haVi obligations on time. But there are a fee,plus a refundable cash deposit of tract. If there is more than one adult security deposit on the spot,but wait pets don't seem to mind and the land few unsavory characters, such as the at least $100 should accompany the tenant, be sure the rental agreement at least a week to see if any hidden lord enjoys the extra rental income. "tenant from hell" in the movie application. Any prospective tenant provides for joint and several liability. damage is discovered. _ "Pacific Heights,"who can make life who refuses to pay these amounts is That means if one tenant doesn't pay •The rent.When setting the rent, Robert Bruss r i miserable for the landlord. just a shopper. their share of the rent,the other ten- smart landlords make a rent survey in based on has experiwrites about real esta ence as a outer,aao a Smart landlords insist the appli- After the application and fees are' ant is liable for the entire rent. the vicinity,so they don't set the rent and college professor. Questions should b cant fill out a complete rental applica- received,the landlord should carefully • Security deposit. As a general too high or too low. Experienced maikd w Robert Bruss, Tribune Media Set tion which asks essential questions verify the information, check employ- rule, the larger the security deposit landlords know tenants need a finan- vim Bax 4386,Orlando,Fla,32802-4381 such as the,names and ages of the ment and run a credit report for each thebetter the tenant will treat the cial incentive to pay their rent on His column appears every Friday. GEORGE MUSSER Irl nonbcr fqq.> A Room With a Bill Housing in Ithaca often seems like a war, pitting student money,local governments would collect more taxes,landlords against landlord and gown against town. But judging from would make their buck,and students would get more options. the talk in this year's local elections, confrontation is giving Right now,a housing shortage inflates prices.According to way to cooperation. a survey by the Tompkins County Planning Department,only "We don't have esprit de corps in this town right now,"said 2 percent of Ithaca housing units remained vacant in 1992, t Beverly Baker, one of two Independents running against well below the 5 percent that allows tenants enough choice e Democratic incumbent Mayor Benjamin Nichols'46. She and when looking for places. 1 others envision a coalition of communities,developers and the Cornell is partly to blame for this shortage,since the cam- University. They call on students to participate in decision- pus houses only half of the student body,a low fraction by Ivy . making. In this new Ithaca order, neighborliness is next to standards. A 1991 report by the City recommended that f godliness. Cornell expand its housing to bring down private rents. f If you haven't noticed,the basic problem with Ithaca hous- Building new dorms isn't enough because they, too, are - ing is its price. The lack of affordable housing irks students pricey. Cornell must also charge less for rooms, Nichols and 1 more than any other aspect of student life, according to a Schroeder argued. During the '80s, Cornell's room rate rose University survey conducted earlier this year. Graduate stu- 120 percent. So did Ithaca rents. Coincidence? Nationally, . dents feel a particularly sharp pinch. Rent represents a third rents rose 70 percent, in step with family income. Family or more of a typical stipend—an excessive burden,according income in Ithaca rose 90 percent—meaning that Cornell,not to the 30 percent cutoff used by state housing planners. resident demand,is setting the pace for rent increases. Because students are more than half of Ithaca's popula- Dorm rates at SUNY Cortland and Hobart College in tion, they throw the housing market out of kilter. To stu- Geneva are three-fourths of Cornell's; lo and behold, private dents,a$300 off-campus room looks cheap compared to dorm rents in those towns are 21 percent lower than in Ithaca. rates.So landlords can undercut Cornell while raking in$900 But right now Residence Life couldn't lower fees even if it to$1,200 per apartment.Few families can afford those rents. wanted to: It makes no profit,unlike,say,the Campus Store. Not surprisingly, developers have concentrated on the To lower dorm prices,Cornell would have to increase tuition, lucrative student market to the neglect of permanent resi- cut services or find other ways to finance buildings. dents. Of the 553 housing units built in the City of Ithaca A University-government-developer alliance would be one during the'80s,440 were targeted for students,according to a way,since it would spread construction costs. City Planning Department survey. If Cornell, City Hall and companies can cooperate after Since much of the new housing is upscale, the increase in years of head-butting,then maybe tenants and landlords can, supply hasn't pushed down prices, observed Thomas Hanna too. On this issue, the sharpest differences among the candi- '64 and John G. Schroeder'74, the unopposed candidates for dates emerged. Loosely speaking, the Democrats think local the two seats representing Collegetown on the Ithaca government should champion tenants, while their opponents Common Council. believe officials can do more as mediators than as partisans. As a result,rents far outstrip the regional average. Census Under Nichols, City Hall has set up the Rental Housing reports show Ithaca's median rent of$493 towering above the Advisory Commission, required landlords to return security $390 rents of Cortland, Geneva and Auburn. This places a deposits within 30 days(state law mandates 45 days), desig- heavy burden on Ithaca families, whose median income is no nated an official to educate tenants about their rights, and higher than that of families in those other nearby towns. strengthened the enforcement of housing codes. What can be done to control costs?As well as talking to the These efforts, while applauded by many students and mayoral candidates, I spoke with the candidates for Ithaca other tenants, have given Democrats the reputation of being Town Supervisor, Democrat John G. Whitcomb '80 and anti-development. Republican David J.Stotz. "They tend to view the landlord as someone trying to The supervisor is the top administrator of the Town of break rules,"Baker said.Though she is"appalled"at the con- Ithaca, the horseshoe-shaped municipality surrounding the dition of many apartments, she said most landlords are hon- City of Ithaca. Already you can see one source of confusion: est. She said city officials tend to lump good landlords with The University is split between two jurisdictions. Most of the bad, failing to understand the legitimate difficulties of man- campus lies within the city,but sections out to the east and aging a building. Baker herself owns the office building at north are in the town. Most future expansion of Cornell will 119 East Buffalo St. occur in the Town. By stressing enforcement over persuasion, Nichols has Whitcomb and Stotz differ on many issues,but they agree alienated and entrenched landlords, she said. Less stick and that Cornell should work with private developers to build stu- more carrot would yield better results. As mayor, she said dent housing on private land or land donated by the she would bring groups together to resolve problems. Only University. Everyone would benefit: Cornell would save when that fails would she throw the book at landlords. Ultimately, Baker's vision would require students to assert their rights.Baker has little sympathy for apathy. Students can't act unless they know their rights.With this in mind, the third mayoral candidate, Barbara Ebert M.A. '92, said she would combine a mediator role with an aggres- sive campaign to publicize the rights of tenants. Currently, of all the groups affected by housing decisions, only students don't have a formal voice,Whitcomb said.All of the candidates called on students to speak up. Schroeder and Baker invited students to join commissions like the RHAC. Stotz said he'd set up a student advisory group to meet with town officials. The best news I took away from the candidates was that, in spite of all the town-gown disputes, most residents don't