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A question often asked of the mayor at open board meetings is "What is the situation with illegal housing?" Last Wednesday Mayor John P. Colbert answered that question with a story.

It seems that after midnight at an undisclosed location in Mineola, large groups of people were viewed entering a home zoned for one family. A subsequent investigation revealed that the basement of the structure housed 12 people. When the landlord was instructed that this was illegal, he responded, 'Well, what should I do about the apartment upstairs?'

Illegal housing has long been a problem in Mineola and one that has always been on the forefront of residents' minds. Though the mayor said illegal occupancy investigations have not stepped up, he did say the procedures have changed.

To begin with the village is now working with a full staff in the building department complete with two new building inspectors. "I think by us having an additional code enforcement person, it gives us the ability to frequent the investigations," said Colbert.

Also being utilized are the services of Walter Moloughney, special projects coordinator for the village. Moloughney said he feels that the use of a process server to serve the summonses personally and a new court calender to accommodate extra hearings at the Mineola Justice Court, at least one a month, has also had quite an impact on the process.

Moloughney was one of the men who investigated the house that was the subject of Colbert's story. He said that within that one family home there was an apartment complete with a kitchen and bathroom facilities on the second floor, a dozen people in the cellar on hand for a family reunion and the family living on the main floor.

Though there is an issue with the theft of services that occurs when an illegal resident of the village does not have to pay for the utilities or schools that they use, the main issue is one of safety.

When Colbert told the story of the dozen cellar occupants at the meeting and made mention of the fact that firefighters who entered a burning building would never be on the lookout for so many residents, Trustee and Ex Mineola Fire Chief Lou Santosus added, "That's for sure."

To illustrate his point, Colbert recalled another story, one in which the fire department was called to a house whose water pipe broke over its fuse box. Six families were discovered living in this one family home, the landlord of which was making $7,000 to $8,000 a month.

Colbert went on to say that he would never want a firefighter's life to be in jeopardy because of a situation where lives were put in danger in an easily preventable situation.

"Many of these people are being victimized by greedy landlords," said Moloughney, who went on to say that the village is not trying to penalize people looking for affordable housing, but rather landlords who disregard the law.

"We are not trying to hurt the people who are renting," said Colbert, "We are trying to make sure that people adhere to the laws and to what their houses are zoned."

A cellar is not an acceptable habitable space because usually the case is that there is only one exit to that cellar and this is potentially disastrous in a situation such as a house fire, explained Moloughney.

Other factors examined in these investigations include below grade standards of living, the density of residents in a living space, the square footage of the apartment and the heights of the ceiling.

Moloughney said that before the village enters a house there is always a thorough examination of the physical evidence. The village does accept tips from concerned residents, but will not act until the evidence is substantial.

Then it is in conjunction with the Third Precinct, that the village arrives at the scene, as early as 4 a.m. in the morning, with as many as two sergeants and four officers present.

The amount of visits conducted during any one week varies. In one particular week 170 summonses were issued for six locations that were investigated.

Moloughney does not know how many illegal occupancies there are in Mineola or in the surrounding areas, but both he and the mayor reaffirmed their position to continue to work towards the elimination of these dangerous and illegal situations from the village of Mineola.




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