COLONIE – The hotel that is housing migrants sent from New York City on Memorial Day weekend was cited on June 30 for violating the town’s local law intended to prevent extended hotel stays, and lawyers for the hotel appeared in Colonie Town Court on July 6 to answer the charges.
This action is independent of the town’s litigation against New York City. The town hired a local law firm to assist with the state case against New York City and others that was filed on May 27 to stop the placement of migrants in Colonie hotels without notification.
According to Crummey, the firm retained, Thorn, Gershon, Tymann and Bonanni, has its office in the town and they will assist the Town Attorney in the case.
The Town of Colonie passed a local law in 2015 that was aimed at preventing motels from being used as substandard apartments.
At the time, Colonie was having a significant public safety problem with people living in unsafe conditions for long periods of time in hotels and motels along Central Avenue. This prompted the change to section 119 of the town code that says that people cannot stay more than 28 consecutive days or more than 60 days in a 180-day period.
Another provision in that law is that a hotel must provide town officials with a register of who is staying at the hotel when requested so officials can determine if the hotel is in compliance with the limited stay requirements.
Friday, June 30, was 34 days since New York City officials and their contractor DocGo transported and housed 24 migrants at the SureStay hotel on Wolf Road. If the migrants were determined to still be there, the hotel would be in violation of the local law.
Colonie police officials asked to see the register and the hotel management, under advice from its lawyers, refused to provide the information, Deputy Police Chief Robert Winn said.
According to the law, a violation is punishable, if found guilty, by the hotel management paying a $100-$500 fine or up to 15 days in jail for each person, each day. Police are directed by the law to issue an appearance ticket for Colonie Town Court.
Winn returned to the hotel and served the management with the appearance ticket for Thursday, July 6. Because the hotel is a business, Winn also had to serve the Department of State in Albany with the same ticket, he said.
According to Crummey, lawyers for the hotel entered pleas of not guilty in front of Colonie Judge Andrew Sommers. The case is awaiting scheduling orders to move towards trial.
The lawyers for the hotel did not want to comment on the case when contacted, and attempts to reach the SureStay management were unsuccessful.
“We need to take all steps possible to keep this issue in front of judicial review,” Crummey said.
According to a source close to the situation, the police have evidence that 21 of the 24 migrants are still at the hotel.
“It is a very significant fine that would grow if it is proven that [the migrants] are still there,” Crummey said.