LEGAL NOTICES FOR AUGUST 15, 2024

LEGAL NOTICE

LOCAL LAW NO. “3” FOR 2024 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK CRIMINALIZING RENTAL FRAUD

Introduced: 2/12/24 By Fein, Efekoro and Pedo:

A Local Law creating Chapter 189 of the Code of the County of Albany, entitled Housing, and Article 1 of such Chapter, entitled Rental Property Fraud Protection, to criminalize the rental of real property by persons with no legal interest in the property.

BE IT ENACTED by the Albany County Legislature as follows:

Section 1.  Chapter Creation.

Chapter 189, Housing, is hereby created.

Chapter 189, Article I, Rental Property Fraud Protection, is hereby created.
Section 2. § 189-1, Title.

This Local Law shall be known as the “Albany County Rental Fraud Protection Law.”

Section 3. § 189-2, Legislative Intent.

The Albany County Legislature finds that deceptive schemes related to fraudulent property rental listings are on the rise.

The New York State Department of State, the Federal Bureau of Investigation, and the Federal Trade Commission have alerted the public to rental fraud schemes in which scammers deceptively pose as property owners seeking to rent out properties to residents and those who rent short term apartments and spaces in the County.

These schemes often involve victims sending money or sensitive personal information to scammers posing as landlords through listings for rental properties that either do not exist or are not owned by the scammers in any capacity. The victims of rental fraud are often vulnerable people in need of housing.

Criminalizing the rental of residential and commercial properties by individuals who have no ownership interest in a parcel or authority from the owner to rent or lease the property is necessary to protect renters in Albany County.

Section 4. § 189-3, Definitions.

“Person” is defined as any natural individual, firm, partnership, corporation, association, company, or organization of any kind.
Section 5. § 189-4, Prohibitions.

No person shall rent, lease, or solicit for the rental or lease of a residential or commercial real property where the person does not have a verifiable ownership interest or written authorization from the owner to rent, lease, or sublet the real property.

No person shall rent, lease, or solicit for the rental or lease of a residential or commercial real property where the person has solicited applications and interest for the real property or any portion thereof using photos that are false, out of date, or otherwise do not accurately represent the current state of the permanent fixtures and features of the property.
Section 6. § 189-5, Proof of Valid Interest.

A person may prove a valid ownership interest or authorization to rent, lease, or sublet a real property by providing:

A fully executed and filed deed

to the parcel of real property, or

A fully executed agreement for the lease, rental, or legal sublet of real property, or

Written documentation demonstrating that the person is a legal agent of the deeded property owner or apartment lessor who is authorized to rent or lease the property and the deeded property owner or apartment lessor can provide proof pursuant to subdivision (a) or (b).

Section 7. § 189-6, Enforcement and Penalties.

A. Criminal Enforcement.

All law enforcement agencies and code enforcement officers located within the County are authorized and empowered to issue citations and otherwise enforce the provisions of this Local Law in each applicable jurisdiction.

Violation of this Local Law shall constitute an unclassified misdemeanor subject to a fine of up to $1,000 or up to one year imprisonment, or both. Each day or part of a day in which a violation continues shall constitute a separate violation.

Violations of this Local Law may be brought by the prosecuting agency of any applicable municipal entity with jurisdiction. B. Civil Enforcement.

a. Violations of this Local Law shall constitute just cause to bring a

civil proceeding to the extent allowable by state and local law. In such proceeding, the prevailing party, if also the injured party, may recover such costs and attorneys’ fees as are reasonable under the circumstances.

Section 8.  Severability.

If any clause, sentence, paragraph, section, subdivision, or other part of this Local Law or its application shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the Local Law which shall remain in full force and effect except as limited by such order or judgment.

Section 9. SEQRA Compliance.

This County Legislature determines that this Local Law constitutes a “Type II action” pursuant to the provisions of the State Environmental Quality Review Act (SEQRA), and that no further action under SEQRA is required. 

Section 10.  Effective Date.

This Local Law shall take effect immediately following its filing with the Office of the Secretary of State.

Referred to Law and Public Safety

Committees – 2/12/24

Favorable Recommendation Law

Committee – 4/24/24

Favorable Recommendation Public

Safety Committee – 4/25/24

On long roll call vote the following members voted in favor: Beston, Burgdorf, Cleary, Collins, Commisso, Conway, Cunningham, Domalewicz, Drake, Efekoro, Ethier, Feeney, Fein, Grimm, A. Joyce, R. Joyce, Kuhn, Laurilliard, Lekakis, Lockart, Mauriello, McLaughlin, Miller, Pedo, Perlee, Plotsky, Reidy, Ricard, Robinson, Rosano, Simpson, Smith, Ward and Whalen – 34

Those opposed – 0

Local Law was adopted – 5/13/24

EV 8/8, 8/15/24

LEGAL NOTICE

LOCAL LAW “4” FOR 2024 

A LOCAL LAW OF THE COUN-

TY OF ALBANY, NEW YORK AMENDING CHAPTER 106 OF THE

ALBANY COUNTY CODE, SETTING FORTH REQUIREMENTS FOR FACILITIES WITHIN ALBANY COUNTY WHERE THE LOCAL GOVERNMENTAL UNIT IDENTIFIED BY NEW YORK STATE IS THE ALBANY COUNTY DEPARTMENT OF MENTAL HEALTH

Introduced: 2/12/24 By Mclean Lane:

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

Section 1. Article Creation. 

Chapter 106, Article II, Local Governmental Unit, is hereby created. Section 2. § 106-9 — Legislative Purpose and Intent. 

This legislation is to ensure that when an application is received by the Albany County Department of Mental Health where they are identified by New York State as the local governmental unit, before any decisions are made by County or State authorities, Albany County residents are offered the opportunity to be informed.
Section 3. § 106-10 - Notice of Receipt of Application to Involved Representatives.

A. Within 10 days of receipt of an application or notice of application from a New York State Agency where the Albany County Department of

Mental Health is identified as the “local governmental unit” the Commissioner of the Department of Mental Health shall provide to the following representatives a copy of the application and/or notice of application from OASAS, and allow 30 days for those representatives to submit comment on the proposed facility:

The Albany County Legislator who represents the legislative district which contains the proposed location or facility; and

Each City, Town, or Village Mayor or Supervisor who represents the municipality which contains the proposed location or facility; and

Each City, Town, or Village Council or Board member who represents the municipality which contains the proposed location or facility.

B. All notifications pursuant to this Section shall be sent via regular mail, with an electronic mail following which shall contain a digital version or electronic link to the application and/or notice of application along with all accompanying documents and information.

[C. No notice is required pursuant to this Local Law when the proposed application is only to re-locate an already existing facility within the same municipality in the County of Albany.]

Section 4. § 106-11 - Notice of Public Meeting to Involved Representatives.

A. Within 5 days of the posting of a notice of a public meeting agenda of the Behavioral Health Services Advisory Council, the Albany County Community Services Board, and/or the Albany County Alcohol and Substance Abuse Subcommittee where an application to locate a facility to treat substance use disorders in the County of Albany is on the agenda, the Commissioner of the Department of Mental Health shall provide a copy of that notice to the following representatives:

The Albany County Legislator who represents the legislative district which contains the proposed location or facility; and

Each City, Town, or Village Mayor or Supervisor who represents the municipality which contains the proposed location or facility; and

Each City, Town, or Village Council or Board member who represents the municipality which contains the proposed location or facility.

B. All notifications pursuant to this Section shall be sent via regular mail, with an electronic mail following which shall contain a digital version or electronic link to the application and/or notice of application along with all accompanying documents and information.

[C. No notice is required pursuant to this Local Law when the proposed application is only to re-locate an already existing facility within the same municipality in the County of

Albany.]

Section 5. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, corporation or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of the Local Law or in its application to the person, individual, firm, corporation or circumstance directly involved in the controversy in which such judgment or order may be rendered.

Section 6. SEQRA Compliance.

This County Legislature determines that this local law constitutes a “Type II action” pursuant to the provisions of the State Environmental Quality Review Act (SEQRA), and that no further action under SEQRA is required. 

Section 7. Effective Date. 

This local law shall take effect immediately after its filing with the Secretary of State.

Referred to Law and Health Committees – 2/12/24

Favorable Recommendation Law

Committee – 4/24/24

Favorable Recommendation Health

Committee – 4/25/24

Favorable Recommendation Law

Committee – 5/13/24

On long roll call vote the following members voted in favor: Beston, Burgdorf, Cleary, Collins, Commisso, Conway, Cunningham, Domalewicz, Drake, Efekoro, Ethier, Feeney, Fein, Grimm, A. Joyce, R.

Joyce, Kuhn, Laurilliard, Lockart, Mauriello, McLaughlin, Pedo, Perlee, Plotsky, Reidy, Ricard, Robinson, Rosano, Simpson, Smith, Ward and Whalen – 32

Those opposed – Lekakis and Miller

– 2 

Local Law was adopted – 5/13/24

EV 8/8, 8/15/24

LEGAL NOTICE

LOCAL LAW NO. 5 FOR 2024 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING CHAPTER 270 OF THEALBANY COUNTY CODE TO PROVIDE A REAL PROPERTY TAX EXEMPTION FOR LIVING QUARTERS FOR PARENT OR GRANDPARENT

Introduced: 4/8/24

By Cunningham, Willingham, McLaughlin, Feeney, Reidy, Laurilliard, Burgdorf, Pedo, Commisso, Domalewicz, Grimm and Fein:

BE IT ENACTED by the Legislature of the County of Albany as follows:

SECTION I. Article Creation.

Chapter 270, Article XX, Auxiliary Dwelling Unit Exemption, is hereby created

SECTION II. § 270-166 Legislative Intent and Purpose.

The Albany County Legislature recognizes the role of the family in the care of the aging and the contribution to family life that can be made by encouraging the aging to share their decades of wisdom and experience with the youth of their families. 

The Legislature finds and deter-mines that it is desirous for parents and grandparents to age in place and remain in the care of their family.

The Legislature further finds and determines that it is the best social and economic interest of the County of Albany to encourage the care of the aging be provided within the family, where appropriate.

The Legislature further finds and determines that real property tax exemptions are an appropriate way to assist with the financial burden of caring for a parent or grandparent in the comfort of one’s own home.

The purpose of this Local Law is to legislatively adopt the real property tax exemption provided for the living quarters of a parent or grandparent in accordance with Section 469 of the Real Property Tax Law to read as follows:

SECTION III. § 270-167 Definitions.

For the purposes of this Local Law, the term “parent or grandparent” shall be deemed to include the birth or adoptive grandparents and parents of the owner or the spouse of the owner.
SECTION IV. § 270-168 Real Property Tax Exemption.

The County of Albany does hereby provide for an exemption from taxation to the extent of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living quarters for a parent or grandparent, who is sixty two years of age or older.

SECTION V. § 270-169 Computation of Exemption.

Such exemption shall not exceed (a) the increase in assessed value resulting from construction or reconstruction of such property, or (b) twenty percent of the total assessed value of such property as improved, or (c) twenty percent of the median sale price of residential property as reported in the most recent sales statistical summary published by the New York State Commissioner of Taxation and Finance for the county in which the property is located, whichever is less.

Such exemption shall be applicable only to construction or reconstruction which occurred subsequent to January 1, 2023 and shall only apply during taxable years during which at least one such parent or grandparent maintains a primary place of residence in such living quarters.

SECTION VI. § 270-170 Conditions on Exemption.

No such exemption shall be granted unless:

The property is within the geographical area in which such construction or reconstruction is permitted; and

The residential property so constructed or reconstructed is the principal place of residence of the owner; and

The construction or reconstruction was certified as complete through the issuance of a certificate of occupancy or a certificate of completion by the municipal building department with responsibility for town or city in which the construction or reconstruction has occurred; and

The certificate of occupancy or certificate of completion was issued on or after January 1, 2023.
SECTION VII. § 270-171 Application for Exemption.

Such exemption from taxation shall be granted upon an application made annually, upon a form promulgated by the New York State Commissioner of Taxation and Finance, by the owner of such property to the assessor of the city, town, or village having the power to assess property for taxation on or before the appropriate taxable status date of such city, town or village.  If the assessor is satisfied that the property is entitled to an exemption pursuant to real property tax law section 469, they shall approve the application and such residential improvements shall be exempt from taxation and special ad valorem levies as provided by this Local Law.

Any conviction of having made any willful false statement in the application for such exemption shall result in the revocation thereof, be punishable by a civil penalty of not more than one hundred dollars and shall disqualify the applicant or applicants from further exemption for a period of five years.

SECTION VIII. § 270-172 Effective Date.

This Local Law shall take effect on January 1, 2025 and shall apply to taxable status dates occurring on or after such date.

Referred to Elder Care, Law and

Audit and Finance Committees –

4/8/24

Favorable Recommendation Elder

Care Committee – 5/29/24

Favorable Recommendation Law

Committee – 5/29/24 

Favorable Recommendation Audit and Finance Committee – 5/30/24

On long roll call vote the following members voted in favor: Beston, Burgdorf, Cleary, Collins, Commisso, Conway, Cunningham, Domalewicz, Efekoro, Ethier, Feeney, Fein, Grimm, A. Joyce, R. Joyce, Kuhn, Laurilliard, Lekakis, Lockart, Mauriello, Mayo, McLaughlin, McLean Lane, Miller, Pedo, Perlee, Plotsky, Reidy, Ricard, Robinson, Rosano, Simpson, Smith,

Ward, Whalen and Willingham – 36

Those opposed – 0

Local Law was adopted – 6/10

EV 8/8, 8/15/24

LEGAL NOTICE

LOCAL LAW NO. “6” FOR 2024

A LOCAL LAW OF THE COUNTY OF ALBANY, IMPOSING ADDITIONAL WIRELESS COMMUNICATIONS SURCHARGES PURSUANT TO THE AUTHORITY OF TAX LAW § 186-G

Introduced: 5/13/24 By Cunningham: 

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

SECTION 1.Local Law No. 6 of 2017, as amended, is amended by adding a new Section 2-a to read as follows:

SECTION 2-a. Imposition of additional wireless communications surcharges.

Pursuant to the authority of Tax Law § 186-g, in addition to the wireless communications surcharge imposed by section 2 of this local law, there are hereby imposed and there shall be paid an additional surcharge within the territorial limits of the County of Albany on: (i) wireless communications service provided to a wireless communications customer with a place of primary use within such County, at the rate of ninety-five (95) cents per month on each wireless communications device in service during any part of the month; and (ii) the retail sale of prepaid wireless communications service sold within such County, at the rate of ninety-five (95) cents per retail sale, whether or not any tangible personal property is sold therewith. Such additional surcharge shall be identical to the surcharges imposed by such section 2 and shall be administered and collected in the same manner as such surcharge. All of the provisions of this local law relating or applicable to the administration and collection of the surcharge imposed by such section 2 shall apply to the additional surcharges imposed by this section with the same force and effect as if those provisions had been incorporated in full into this section and had expressly referred to the additional surcharges imposed by this section.

Wireless communications service suppliers shall begin to add such surcharge to the billings of its customers and prepaid wireless communications sellers shall begin to collect such surcharge from its customers commencing September 1, 2024.

Each wireless communications service supplier and prepaid wireless communications seller is entitled to retain, as an administrative fee, an amount equal to three (3) percent of its collections of the additional surcharge imposed by this local law, provided that the supplier or seller files any required return and remits the surcharge due to the New York State Commissioner of Taxation and Finance on or before the due date for that return and that payment.
SECTION 2. Effective date. The additional surcharge imposed by this Local Law shall take effect September 1, 2024, and shall expire and be deemed repealed September 1, 2034. Referred to Law Committee –

5/13/24

Favorable Recommendation Law

Committee – 5/29/24

On long roll call vote the following members voted in favor: Beston, Burgdorf, Clay, Cleary, Collins, Commisso, Conway, Cunningham, Domalewicz, Drake, Efekoro, Ethier, Feeney, Fein, Grimm, A. Joyce, R. Joyce, Kuhn, Laurilliard, Lekakis, Lockart, Mauriello, Mayo, McLaughlin, McLean Lane, Miller, Plotsky, Reidy, Reinhardt, Ricard, Robinson, Rosano, Simpson, Smith, Ward, Whalen and

Willingham – 35

Those opposed – Perlee – 1 

Local Law was adopted – 6/10/24

EV 8/8, 8/15/24

LEGAL NOTICE

NOTICE TO BIDDERS –

ALBANY COUNTY

REQUEST FOR BIDS

#2024-108

Sealed Bids for Electrical Supplies as requested by Various Albany County Facilities will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 11:00 AM, local time on Thursday, August 29, 2024.

Request for Bid (RFB) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFB documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com starting by close of business (4:30 p.m.) on Thursday, August 15, 2024.

Pamela O’Neill

Purchasing Agent

Dated: Albany, New York

August 8, 2024

EV 8/15/24

LEGAL NOTICE

NOTICE TO PROPOSERS –

ALBANY COUNTY

REQUEST FOR PROPOSALS

# 2024-099

Sealed Proposals for Design & Construction Inspection Services for CR102 (Old Quarry Rd.) over Onesquethaw Creek (BIN 3301040) Bridge Rehabilitation Project as requested by Department of Public Works, Division of Highway Engineering will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 4:30 PM, local time on Friday, September 6, 2024, and or electronic submission Bid Net, Empire State Purchasing Group.

Request for Proposal (RFP) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFP documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com, starting by close of business (4:30 p.m.) on August 15, 2024.

Pamela O'Neill

Purchasing Agent

Dated: August 7, 2024

Albany, New York

EV 8/15/24