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                  <text>NORTH TARRYTOWN, N.Y.
May 24, 1982

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/

A special meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
• Stephen Maceyak
Janet Gandolfo
Peter Soriano
Joseph D. Lofaro
Mario Di Felice
Emmanuel Lobato,
Trustees
Charles S. Brownstein, Attorney
N.Y. State Div. of Housing &amp; Community Renewal

Mayor Zegarelli called the meeting to order at 8:00 P.M. He read
the Public Notice regarding the adoption of a proposed local law entitled,
"Emergency Tenant Protection Act of 1974". The Mayor also read a letter
received from Richard and Laurel Sweet, 309 North Washington Street,
expressing their disapproval of the adoption of the ETPA. They feel it
is "unfair to owners who maintain reasonable rents based on actual costs
and reasonable return".
Mayor Zegarelli then addressed those attending the Public Hearing
and advised them that he would listen to both pro and con statements
alternately; everyone would be able to express their opinion on ETPA.
Mr. Joseph Schwer, 95 Beekman Avenue spoke first. He spoke on behalf
of the Van Tassel Tenants Association of which he is Vice President and
Acting President.
Mr. Schwer stated that although the Van Tassel has been under Rent
Control they are becoming decontrolled as tenants move out and new
tenants come in. The tenants feel that when new leases are drawn up the
rents are two to three times more than they were under Rent Control.
Mr. Brownstein explained that tenants may complain to the Westchester
County Rent Guidelines Board if they feel their rent increase exceeds the
amount of increase that is allowed by the Guidelines.
Mr. Soriano asked Mr. Brownstein if it is possible that tenants might
receive a rent increase whether or not the Village goes to ETPA. He was
advised that, hypothetically, tenants could receive an increase.
The Mayor recognized Trustee Maceyak; his question was regarding
whether or not the tenant has the option of a one, two, or three year lease
under ETPA. He was informed that they do have that option. New tenants
are offered a lease, at the discretion of the landlord and after the
expiration of the lease, the tenant may be offered a one, "two, or three
year lease. Mr. Maceyak also questioned if the landlord was in violation
and did not complete repairs, under ETPA, would rents be rolled back?

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Mr. Brownstein said that under rent control services'must be*
continued; landlords have the right to charge separately for services
in the future under ETPA and previous charges would be include'd.
In reply to a question from Trustee Soriano, Mr. Brownstein said
ETPA would expire in 1984.
Mr. Jay Madry, 95 Beekman Avenue, wanted to know how many villages
are now under ETPA; he was informed that there are 12 or more villages
involved. Mr. Madry spoke several times in favor of ETPA.

Several tenants questioned whether ETPA would affect apartment houB
regardless of the number of apartments in the building. Mayor ZegarellH
advised that he would check on this.
•

Mrs. James Haggerty, 95 Beekman Avenue, wanted to know if landlords
of apartments, when decontrolled, can raise rents to whatever the market
will bear and is there a percentage control under ETPA? Mrs. Haggerty
was advised that under ETPA landlords must give their tenants leases and j
the leases offered must be according to the ETPA laws. Under decontrol,
landlords can give a lease for whatever length of time he prefers and at
whatever rent he wishes.
Mr. Avellino again spoke and asked how much of a fee must be paid
to the State if ETPA is adopted? The answer is $7 per apartment and it
must be paid to the State each year. (?) In response to a question from
Mrs. Kay Lingardo, the Mayor said that the collection of this fee would
be handled by either the CDA Director, or the Village Clerk, or Village
Treasurer. The fee is to be paid by the tenants.
Upon a question from Mr. Joseph Piedmonte, 95 Beekman Avenue, it was
stated that* tenants in decontrolled apartments will benefit more under
ETPA than those in rent controlled apartments.

Trustee Maceyak questioned whether or not tenants under rent control
would be affected by ETPA and could the landlord deny tenants a lease, m
According to Mr. Brownstein, the landlord must offer the tenant a leasem
those tenants under rent control will not be affected by ETPA.
I
Mr. Schwer spoke again and advised the Board that tenants have
frequently moved from large apartments within the Van Tassel to smaller
ones (so their rent would be less); Mr. Schwer wanted to know if they
would be given a 67o increase in their rent. Mr. Brownstein informed him
that the rent increase would be 15%.
Yolanda Mallory ,95 Beekman Avenue, spoke regarding the responsibili
of the landlord, in particular, the Van Tassel, and questioned just what
the landlord must provide in return for rent.
Mr. Raymond Avellino of Ridge Street, said that he is not in favor
of the ETPA and feels that the controls will hurt the landlord.
A tenant in 14 Lawrence Avenue, Mr. Robert LaRue, told the Board tha

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his landlord does not give tenants a lease and raises the rent indiscriminately regardless of the percentage increase allowed by law. The
Mayor advised Mr. LaRue that landlords do not have to offer leases,
however under ETPA they must. (The building being discussed is privately
owned and houses six families not under rent control).
Mr. Louis Caposella, 95 Beekman Avenue, questioned how many times
the landlord is allowed to increase rent under rent control and he was
advised that although each case is different, yearly increases are allowed.
The next question directed to Mr. Brownstein was from Trustee
Gandolfo; can the landlord add a particular amount to a tenant's rent to
cover a new appliance or storm windows under ETPA? The answer was that
the landlord must provide certain services and those that have been
provided in the past must continue to be provided. If the landlord rehabilitates the building, makes major improvements, or provides the
tenant with new appliances, at the tenant's request, he is allowed to
make an upward adjustment in the rent.
Barbara Doherty, 95 Beekman Avenue, wanted to know what percentage
increase in rent ETPA Guidelines allowed for one, two, or three year
leases. She was informed that the current rate is 127. for a one year
lease, 157o for a two year lease, and 18% for a three year lease. Landlords can also offer a two year lease with a 157. increase to a tenant in
a rent controlled apartment.
Mrs. Dorothy Celtruda raised the question: "If a tenant is under
rent control when ETPA is adopted, will the tenant be offered a lease
and can the rent be raised every year". The answer is, "yes", percentage
guidelines apply and the rent can be increased yearly.
Mr. Schwer mentioned that the rent on apartments that are rent
controlled reflect changes in the landlord's costs and the rent is adjusted
157o the first year, 157o the second year, etc. Mayor Zegarelli stated
that if ETPA is adopted, whatever rent is being paid by a tenant at the
time of adoption, that would be the rent upon which the rent under ETPA
would be based with the guidelines taken into consideration.
If ETPA is adopted, Mr. Brownstein advised that the landlord must
notify tenants of their rent and the tenants have 90 days to register a
complaint if they wish.
Mayor Zegarelli recognized Marge Steward, 95 Beekman Avenue, who
favors the adoption of ETPA.
Mr. Frank Rey, Holland Avenue, said he feels excessive increases
are unfair although the landlords are entitled to a fair profit. He
favors the adoption of ETPA.
Mr. Schwer was recognized again and he stated that he favors ETPA
and feels that it will not affect home owners in the Village.
Any complaints received regarding ETPA will be handled by the County.

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Mayor Zegarelli advised that the Board of Trustees will probably
vote on this issue at their next regularly scheduled meeting of June 14th
Trustee Gandolfo made the motion to adjourn, seconded by Trustee
Maceyak. The Hearing closed at 10:00 P.M.
Respectfully submitted,

Marie Timmings
Acting Clerk

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