victor zeleny

Brooklyn, NY

#21 Jun 20, 2013
No it's full like your cheeks
wf parent

Dobbs Ferry, NY

#22 Jun 20, 2013
i was wondering why the village continues to do rental home interior inspections after the supreme court declared them unconstitutional?

In Sokolov v. Village of Freeport, the court deemed it unconstitutional -- a violation of Fourth Amendment rights -- for a municipality to mandate a physical inspection of a home before issuing or reissuing a rental permit.

the case has been repeatedly reaffirmed, most recently when the Appellate Division of the New York State Supreme Court declared Hempstead Village's rental inspection law unconstitutional in January 2012.

i understand why the village wants to do these inspections, but we are just opening ourselves up to multiple lawsuits.

if the people who have already had these inspections should catch wind that they were illegal, there would be big problems.
Brady

Mastic Beach, NY

#23 Jun 21, 2013
wf parent wrote:
i was wondering why the village continues to do rental home interior inspections after the supreme court declared them unconstitutional?
In Sokolov v. Village of Freeport, the court deemed it unconstitutional -- a violation of Fourth Amendment rights -- for a municipality to mandate a physical inspection of a home before issuing or reissuing a rental permit.
the case has been repeatedly reaffirmed, most recently when the Appellate Division of the New York State Supreme Court declared Hempstead Village's rental inspection law unconstitutional in January 2012.
i understand why the village wants to do these inspections, but we are just opening ourselves up to multiple lawsuits.
if the people who have already had these inspections should catch wind that they were illegal, there would be big problems.
While this Appellate decision is interesting, it seems the court has decided that in Pashcowv Town of Babylon(53 NY2d 687), the Court held that the rental permit ordinance at issue there was
not unconstitutional on its face.

What was the difference? Well, it was the addition of a simple statement:

"i n s p e c t t h e d w e l l i n g / b u i l d i n g ( s ) a t n o c h a r g e o r h i r e a l i c e n s e d e n g i n e e r o r a r c h i t e c t t o i n s p e c t t h e p r e m i s e s a n d s u b m i t a s w o r n w r i t t e n r e p o r t a t t e s t i n g t o c o m p l i a n c e o f t h e
e n t i r e p r e m i s e s w i t h t h e a p p l i c a b l e N e w Y o r k S t a t e , S u f f o l k C o u n t y a n d T o w n o f XXX b u i l d i n g c o d e s .

By allowing a privately hired Licensed Engineer or Architect in lieu of the Village building department, the court held in Pashcow
v Town of Babylon (53 NY2d 687) that an inspection is a necessity before a rental can be rented, but not if it is only limited to the governmental entity performing the inspection.

Thus, the landlord seeking a rental permit would have the OPTION to pay for his own inspection or allow the village inspector to perform the inspection for free.

And the case you cited was not in the Supreme Court, it was the NY Court of Appeals.
question

Mastic Beach, NY

#24 Jun 21, 2013
Brady wrote:
<quoted text>While this Appellate decision is interesting, it seems the court has decided that in Pashcowv Town of Babylon(53 NY2d 687), the Court held that the rental permit ordinance at issue there was
not unconstitutional on its face.
What was the difference? Well, it was the addition of a simple statement:
"i n s p e c t t h e d w e l l i n g / b u i l d i n g ( s ) a t n o c h a r g e o r h i r e a l i c e n s e d e n g i n e e r o r a r c h i t e c t t o i n s p e c t t h e p r e m i s e s a n d s u b m i t a s w o r n w r i t t e n r e p o r t a t t e s t i n g t o c o m p l i a n c e o f t h e
e n t i r e p r e m i s e s w i t h t h e a p p l i c a b l e N e w Y o r k S t a t e , S u f f o l k C o u n t y a n d T o w n o f XXX b u i l d i n g c o d e s .
By allowing a privately hired Licensed Engineer or Architect in lieu of the Village building department, the court held in Pashcow
v Town of Babylon (53 NY2d 687) that an inspection is a necessity before a rental can be rented, but not if it is only limited to the governmental entity performing the inspection.
Thus, the landlord seeking a rental permit would have the OPTION to pay for his own inspection or allow the village inspector to perform the inspection for free.
And the case you cited was not in the Supreme Court, it was the NY Court of Appeals.
Wasn't there an explosion in Brentwood last year in an illegally occupied (multiple tenants in one house) house, involving propane tanks? They not only blew up their house, but part of the house next door. Rocked the block. Good move, to NOT allow inspections.(sarcasm) No inspections put neighbors at risk.
question

Mastic Beach, NY

#25 Jun 21, 2013
wf parent wrote:
i was wondering why the village continues to do rental home interior inspections after the supreme court declared them unconstitutional?
In Sokolov v. Village of Freeport, the court deemed it unconstitutional -- a violation of Fourth Amendment rights -- for a municipality to mandate a physical inspection of a home before issuing or reissuing a rental permit.
the case has been repeatedly reaffirmed, most recently when the Appellate Division of the New York State Supreme Court declared Hempstead Village's rental inspection law unconstitutional in January 2012.
i understand why the village wants to do these inspections, but we are just opening ourselves up to multiple lawsuits.
if the people who have already had these inspections should catch wind that they were illegal, there would be big problems.
It is my understanding that DSS does, or is supposed to, perform inspections before placing subsidized tenants in a house. Are you saying those inspections are illegal, too? Please explain as you sound like you have knowledge in this area.
Brady

Mastic Beach, NY

#26 Jun 21, 2013
question wrote:
<quoted text>
It is my understanding that DSS does, or is supposed to, perform inspections before placing subsidized tenants in a house. Are you saying those inspections are illegal, too? Please explain as you sound like you have knowledge in this area.
The poster WF Parent has a vast knowledge of history, that's all I am going to say. But I applaud the poster for pointing out something the village may need to address.
wf parent

Dobbs Ferry, NY

#27 Jun 21, 2013
question wrote:
<quoted text>
It is my understanding that DSS does, or is supposed to, perform inspections before placing subsidized tenants in a house. Are you saying those inspections are illegal, too? Please explain as you sound like you have knowledge in this area.
you totally misunderstood me. i am all for the rental inspections. i think that it is important to make sure the homes are up to code and safe for both the renters and their neighbors. i am simply stating that these inspections were found to be illegal in many cases (most, in fact)across new york state. i am just wondering why we are opening ourselves up to lawsuits by landlord organizations and private owners.
Brady

Mastic Beach, NY

#28 Jun 21, 2013
And you will notice I too believe inspections are necessary. But, there may be a need to have the code amended to allow private inspections as long as they are done by bonded, licensed architect or engineers to insure the entire location is up to code.
Brady

Mastic Beach, NY

#29 Jun 21, 2013
Brady wrote:
And you will notice I too believe inspections are necessary. But, there may be a need to have the code amended to allow private inspections as long as they are done by bonded, licensed architect or engineers to insure the entire location is up to code.
At additional cost to the landlord too...bonus!
victor zeleny

Brooklyn, NY

#30 Jun 21, 2013
I don't work for the village
Delusional

Moriches, NY

#31 Jun 22, 2013
victor zeleny wrote:
I don't work for the village
youre on video side by side with Tim B. sure looks like you work for the village. If you don't work for them, who pays your checks? The village? Then you work for them. But, you won't be for much longer.
Brady

Mastic Beach, NY

#32 Jun 22, 2013
Delusional wrote:
<quoted text>youre on video side by side with Tim B. sure looks like you work for the village. If you don't work for them, who pays your checks? The village? Then you work for them. But, you won't be for much longer.
Under your rationale, if the village pays it's LIPA bill, then LIPA works for the village. If the village pays a private investigation firm to follow the heads of the MBPOA, does that mean the investigator works for the village? No it means they (all 5 of them) are self-employed.
Delusional

Moriches, NY

#33 Jun 22, 2013
Brady wrote:
<quoted text>Under your rationale, if the village pays it's LIPA bill, then LIPA works for the village. If the village pays a private investigation firm to follow the heads of the MBPOA, does that mean the investigator works for the village? No it means they (all 5 of them) are self-employed.
paying a lipa bill is like the cable, its a service of utilities. If the village hires a PI, yes, the PI works for the village for the time he's being paid for. Zany gets paid by the village, he works for them.
But it doesn't matter, he won't be WORKING for them much longer!
Stalking and harassment won't work in this village and he does it all the time.
wf parent

Dobbs Ferry, NY

#34 Jun 22, 2013
victor zeleny wrote:
I don't work for the village
but, you told everyone that the village hired you to serve people. therefore, you WORK for the village
victor zeleny

Brooklyn, NY

#35 Jun 22, 2013
I am a sub-contractor
UH HUH

Saint James, NY

#36 Jun 22, 2013
wf parent wrote:
<quoted text>but, you told everyone that the village hired you to serve people. therefore, you WORK for the village
sub contractor....The village would be a client of his, not getting a pay check, so he does not work for the Village, they are one of his clients.....
victor zeleny

Brooklyn, NY

#37 Jun 22, 2013
Thank you , SOdo I work for the vmb????
Brady

Mastic Beach, NY

#38 Jun 22, 2013
victor zeleny wrote:
Thank you , SOdo I work for the vmb????
Can someone tell me how many members does the MBPOA have who live in VMB? I also wonder if the MBPOA posters on here are trying to intimidate a person who is doing his occupation (although not employed by them)?
Typical

Moriches, NY

#40 Jun 22, 2013
Brady wrote:
<quoted text>Can someone tell me how many members does the MBPOA have who live in VMB? I also wonder if the MBPOA posters on here are trying to intimidate a person who is doing his occupation (although not employed by them)?
please tell me how many trustees live here full time? Gary doesnt live here, unless you consider his business his "home". Gail doesnt live here. How many employees of the village lives here? None of the lawyers do. The treasurer doesnt live here. Nor does the accountant.
You complain so much about a civic group but yet the elected leaders of a government can get away with the same thing you constantly accuse the MBPOA of. Nice to see that you hold a civic to such high standards but yet allow a government to be sub par. Typical village supporter.
I also like how much Zany comments now. It must be pissing the Mayor off to no end. A few more weeks of this and hes as good as fired.
victor zeleny

Brooklyn, NY

#41 Jun 22, 2013
I don't work for the vmb

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