Federal Judge Upholds Town Of Huntington's Rent Regulations

A federal judged has dismissed a suit that challenged the Town of Huntington's rent regulation requirements for non-owner-occupied rental housing units.

The legality of the Town of Huntington's regulations have been upheld by the judge. This means that absentee landlords are required to make sure apartments are safe for tenants, responding emergency personnel and nearby homeowners concerned about their property values and neighborhoods, according to Councilwoman Tracey A. Edwards.

“As the court decision noted, Huntington’s regulations were carefully crafted to address provisions in similar regulations elsewhere that had not passed legal muster,” Supervisor Frank P. Petrone said in a press release. “Now that the legality of Huntington’s code has been affirmed, we can continue its vigorous enforcement to help protect renters and assure neighbors that absentee landlords need to keep their properties up to code.”

The suit, brought up by landlord's group Citizens for Fair Housing Inc. and landlord Jean Mamakos, claimed the two-year-old regulations violated various constitutional rights and ordered that the case be dismissed.

“This was never an attempt to violate a landlord's constitutional rights," Edwards said. "As a government, we do have a responsibility to make sure that absentee landlords are held to the same safety standards as owner-occupied landlords and that dwelling units meet building and fire codes. That is what these regulations are designed to ensure.”

Edwards sponsored both the original legislation that took effect in 2015 and the modifications approved last year, which also extended the time of the permit from one year to two years.

The legislation applies to non-owner-occupied residential buildings. Since the law took effect, the Town says it has issued 1,150 rental permits, with another 200 pending.

View the full decision here.

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