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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26803
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My client who lives in Great Neck, Town of North Hemptead,

Customer Question

My client who lives in Great Neck, Town of North Hemptead, Nw York, has been served with an "information" relating to failure to obtain a rental occupancy license. There are three other counts relaitng to the condition of the dwelling. The dwelling has been condemned. No one lives there, either family or non-family. The owner has filed an "Affidavit for Removal Exemption from The Rental REgistration Program" with the building department of the Town. The affidavit reads "None of the unit(s) on the property are currently being rented. I understand that before I rent unit (s) I must apply for a new permit." The case has been adjourned several times. I want to dismiss the case. How is that done (other that getting th ADA to agree to dismissal )? Should a formal answer be filed? Will an affidavit of the owner be accepted by the Court?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

This is a criminal offense, albeit a low level one. If this is pending in a criminal court and you're an attorney, you can make an oral application to dismiss the case for legal insufficiency and present the affidavit,. It's a self serving document, and the court will do with it what they do. I can't tell you how vested an interest in this case the ADA and North Hempstead has.

However, my reading of the statute indicates that whether or not anyone is collecting rent, it's unlawful to allow occupants unless there is a license. So if there are squatters on the premises, for example, the motion to dismiss will likely fail

.§106-3. Rental occupancy permit required.
It shall be unlawful for the owner, owner’s agent, real estate agent or any person with apparent authority over any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building, motels, hotels, extended-stay residences, bed-and-breakfasts and any units contained therein to allow, permit or suffer the occupancy of any residential building, apartment building, multiple-residence building,senior-citizen multiple-residence building, motels, hotels, extended-stay residences, bedand-breakfasts and any units contained therein, without having first obtained a rental occupancy permit pursuant to this article.

It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of the dwelling unit.

Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.

Thank for your answer. I am going to prepare a separate affidavit for the Court mentioning the condemnation. Could someone arrange to send me another copy of your anwer? The first 4 or 5 lines are missing from the printed version .


Thank you.

Expert:  Zoey_ JD replied 6 years ago.

I can have Customer service copy the answer to an email to you.

I have never dealt with this particular charge, as I have never practiced outside of the City, but criminal judges here routinely will allow an oral application to dismiss a case. The only times I have ever had to put these in writing has been when the judge decides he needs both sides to prepare a memorandum of law in support of our positions before he will rule.