In the wake of Alex Patel’s court case, the Town of Colonie is hoping to amend Chapters 119 and 190 of the Town Code, which redefine proper extended-stay facilities and occupancy limitations.
At the town board meeting on Thursday, Nov. 20, the board passed a resolution to hold a public hearing on Thursday, Dec. 18, at 7 p.m., in connection with the local laws. There, the town board will hear comments from Colonie residents about the proposed changes.
The new laws would redefine what constitutes as a proper extended-stay unit to any motel or hotel “with accommodations for sleeping which contains a kitchenette.” By law, a hotel or motel cannot contain a full-size kitchen, but only a 59-square-foot kitchenette containing a refrigerator, stove or cook top, and sink.
At the town’s agenda meeting on Thursday, town attorney Michael Maggiulli said the proposed changes are intended to prevent extended stays in substandard apartments.
Once the laws are passed, a tenant cannot stay in a motel or hotel facility for more than 14 consecutive days.
According to the town’s agenda, which lists law details, an individual cannot stay for more than 14 consecutive days unless the motel, hotel or boarding house has an attached restaurant. If so, the individual can stay longer, but only in an extended stay unit that fits the new definition.
The laws include amendments to keep a tenant from checking out of one room and checking into another, and keep couples from registering twice under each name. Registering in a hotel or motel owned by the same person will also be prohibited. Boarding houses would be under the same restrictions as well.
“This is a legal way to fix the problem without violating the equal protection law,” said Maggiulli.
Identification will have to be shown, and the renter will be required to make a photocopy to keep on record for inspection, he said.
These laws would be regulated and enforced by Colonie’s building and police departments, an aspect that drew some concern from town board members about staffing. However, the departments would now have the authority to inspect hotel or motel registers and records at any time without prior notice.
Violations by facility owners would be punishable by fines of no less than $100 and no more than $500, or a 15-day stay in jail.
New regulations specifically for a section of Route 5 in Colonie that is saturated with hotels and motels would also be put into effect. It includes where Patel’s motels, the Skylane and Blu-Bell, are located.
The section of the Land Use Law under Chapter 190 states that a special permit must be obtained for any application within the area to construct new boarding facilities, expand existing ones, or restore facilities if it means increasing occupancy. Cosmetic changes and repairs are excluded. A second amendment in Chapter 190 states that no portion of a boarding facility in that section of Route 5 can be located within 500 feet of any single-family or multifamily residence.
While Colonie and Albany county officials have long been aware of the problems with hotels and motels saturating that section of Central Avenue, the conditions of Patel’s motels, which led to someone falling through the floor of the Skylane, gave the town what it needed to begin changes in the area.
At Patel’s motels, the town found hundreds of violations, totaling $750,000 in fines. Earlier in November, the town made Patel an offer to drop the fines in exchange for the demolition of both motels. He rejected the offer, and will appear later in court.
As for the new laws, town board members were hopeful they would make a difference in that section of Central Avenue and relieve some concerns of town residents about the quality of the area.
“We are the only municipality doing this,” Maggiulli told the town board.
Maggiulli said that he and Town Supervisor Paula Mahan sat down earlier this month to draft the new laws and try to keep them free of any loopholes. He said that if the resolution is passed by the town board, the new laws would go into effect in January to give hotel and motel owners time to adjust.
