Renter Safety & Landlord Accountability Act
An amendment to the Town’s rental registry (Chapter 157) that requires every LLC, corporation, or trust that owns a rental to identify its real owners under oath and name one person who answers personally; makes a valid registration a condition of collecting rent, with tenants able to recover what they paid on an unregistered unit; adds an entity fine tier of up to $100,000 and fines measured by the landlord’s gain; and holds owners responsible for illegal sublets.
Clarkstown has had a rental registry since 2016, and the Town raised the fines this year. The illegal rentals are still here: basements and attics carved into bedrooms, single-family houses split into three or four units, no second exit, no working smoke or carbon monoxide detectors. When the Town finally writes a ticket, it goes to an LLC with a mailing address. The person who set it up and collects the rent is nowhere on paper.
The Town Code already says an LLC owner must register. It does not require the LLC to say who its members are, it does not put a human being on the hook, and it does not stop an unregistered landlord from collecting rent. This proposed local law amends Chapter 157 to close those gaps.
What the law does
Built to survive a challenge
Why this matters now
More inspectors. Same slap on the wrist. Clarkstown has had a rental registry since 2016, and the current administration raised the fines this year, yet the illegal rentals are still here. Town Hall’s answer is to hire more code enforcement officers and attorneys. Headcount is not the problem. The problem is a Town that goes soft in court and settles with slum landlords for a fine they write off as the cost of doing business. This law takes that deal off the table: registration becomes a condition of collecting rent, the fine follows the landlord’s gain, and the person behind the LLC answers in his or her own name.
Common questions
What would the proposed Renter Safety & Landlord Accountability Act do?
An amendment to the Town’s rental registry (Chapter 157) that requires every LLC, corporation, or trust that owns a rental to identify its real owners under oath and name one person who answers personally; makes a valid registration a condition of collecting rent, with tenants able to recover what they paid on an unregistered unit; adds an entity fine tier of up to $100,000 and fines measured by the landlord’s gain; and holds owners responsible for illegal sublets.
Is the Renter Safety & Landlord Accountability Act in effect in Clarkstown?
No. It is a draft local law published by the Bondar for Clarkstown campaign for public discussion. To take effect it would have to be introduced, noticed for a public hearing and adopted by the Clarkstown Town Board.
Why is a Renter Safety & Landlord Accountability Act being proposed now?
More inspectors. Same slap on the wrist. Clarkstown has had a rental registry since 2016, and the current administration raised the fines this year, yet the illegal rentals are still here. Town Hall’s answer is to hire more code enforcement officers and attorneys. Headcount is not the problem. The problem is a Town that goes soft in court and settles with slum landlords for a fine they write off as the cost of doing business. This law takes that deal off the table: registration becomes a condition of collecting rent, the fine follows the landlord’s gain, and the person behind the LLC answers in his or her own name.
Does the law collect information about tenants?
No. It collects information about owners: the members, managers, and officers behind an entity that owns a rental, and the responsible person the entity designates. It does not require the names, ages, or relationships of tenants or occupants, which New York courts have struck from other towns’ registries.
What happens to a landlord who rents out an unregistered unit?
A valid registration becomes a condition of collecting rent. The lease is unenforceable by the landlord, tenants can sue to recover the rent they paid, the Town can prosecute in Justice Court or sue in Supreme Court for daily civil penalties and the rent collected, and unpaid amounts become a lien on the property.
How large are the fines for an LLC or corporation?
Not less than $10,000 and not more than $30,000 for a first offense, $20,000 to $60,000 for a second within five years, and $30,000 to $100,000 for a third, fixed by the court on stated factors including the gain from the offense, the hazard to occupants, and the duration of the violation. The court may instead impose a fine of up to double the landlord’s gain.
Can the Town inspect a rental without the owner’s consent?
No. Inspections require the consent of the owner or occupant or a warrant from a court, written into the text of the law, with an emergency exception. For routine renewals of units the Town has already inspected, an owner may submit a licensed engineer’s or architect’s certification instead.
Is a landlord responsible if a tenant sublets illegally?
Yes, as the owner of the property, but with a defense: an owner whose lease prohibits subletting, who took no rent from the subtenant, who served a notice to cure within ten days of learning of the condition, and who commenced a holdover proceeding within thirty days after the cure period is not liable for the tenant’s unauthorized occupancy.
Where can I read the full text of the draft?
The complete draft of the Renter Safety & Landlord Accountability Act is published as a PDF on this page, and all four of the campaign's proposed laws are collected on the Proposed Laws page.
How do I comment on this proposal?
This is a draft for discussion. If you are a tenant, a neighbor of an illegal rental, or a landlord who follows the rules and is tired of competing with those who do not, we want to hear from you before this is introduced. Use the feedback form and tell us what we got wrong.