With final revisions being made to local motel laws, residents are asking questions of Albany County’s efforts to fix the problems.
The Town Board held its last public hearing on Chapters 119 and 190 of the Town Code, pertaining to local laws on hotel and motel regulations. While no more public comment will be used to revise the new laws, a humanitarian amendment was added early last week that kept Town Board members from voting. However, many of the motel and hotel owners at the meeting on Thursday, Feb. 12, had questions about long-term enforcement.
Town Attorney Michael Maggiulli said he met with owners of the Stardust Motor Inn, who told him of a 63-year-old American veteran whose disability keeps him from leaving his room. To accommodate, one of the motel’s owners does the veteran’s shopping.
With such cases in mind, Maggiulli and his office added one more amendment to the new laws. With the amendment, current residents of boarding facilities and the owners can apply in writing for an extension on the 28 days to find new residency elsewhere to the Town Board. The application must show in “clear and convincing evidence” why an extension is needed and what steps have been taken to find new residency. Board members will have the discretion to approve or deny any application.
Still, Albany County Legislator Tim Nichols, D-Latham, found problem with the new laws. He said that the 28-day limit is discriminatory and hurts people who have no other options.
“The only people who will be hurt by this are people who are already suffering from the lack of affordable housing in our community,” Nichols said, adding his daughter recently befriended someone who lives in a motel with both of his working parents.
“If there was a compelling reason to evict people every 28 days, I would understand (the law), but I don’t know what that compelling reason is. Because I don’t believe many of these people are a danger to society because they’re poor….This is attacking a group of people who are not deserving of that,” Nichols said.
Town Supervisor Paula Mahan said the laws weren’t intended to force people onto the streets, but were more concerned with public safety. The humanitarian component will take extraordinary circumstances into account, she said, and were not limited to cases like the veteran cited by Maggiulli.
Mahan said that efforts would be made to help people find the resources for apartments, rather than turning to boarding facilities as substandard living spaces. The Town
Board, she said, would listen to all applicants currently living in a motel who file for an extension on the 28 days.
By definition of the law, boarding facilities are meant for transient stays. Maggiulli said that hotels and motels had different electrical laws than apartments, which means a potential fire hazard if people were to plug in hot plates for meals, as the town has seen in some cases.
“What the town is trying to do is prevent a disaster that, only by the grace of God, hasn’t happened yet,” said Maggiulli.
Many cases of people using motels as extended stay are due to counties sending people from Departments of Social Services to stay in motels. While these cases are meant to solely be temporary and as a last resort, Maggiulli said his office found cases of people living in hotels for years on Albany County funds.
“We find that the County is paying $1,000, $1,500 and up per month for these people to stay, and what efforts are being made to find them a real apartment, a place to live?” Maggiulli asked of Nichols. “You can get a pretty good apartment for $1,500.”
While motel owners also questioned what steps Albany County officials will take to change these policies, owners were more concerned with what enforcement will be used to regulate the pending restrictions.
Nimit Patel, of the Stardust, said that although altercations with guests aren’t regular, with the new restrictions, eviction laws between resident and landlord would be in effect. Mahan said the town police department has been following along with the new laws and is prepared to do all it can to help motel owners.
The Town Board will vote on the laws at its next meeting, Thursday, Feb. 26, at 7 p.m. If the laws are passed, they will go into effect six months after filing, giving motel and hotel owners a grace period to prepare.
“I think we have a very well balanced law here,” said Maggiulli. “It addresses legitimate concerns of motel and hotel operators without letting a few bad apples ruin the entire barrel.”
