LOCAL LAW “I” FOR 2023
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ESTABLISHING CHAPTER 225 OF THE ALBANY COUNTY CODE SETTING FORTH REQUIREMENTS FOR RESETTLEMENT DISCLOSURE IN ALBANY COUNTY
Introduced: 7/10/23
By Burgdorf, Collins, Drake, Grimm, Lockart, Mauriello, Perlee, Smith, Tunny, Whalen:
BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:
Section 1. Chapter Creation.
Chapter 225, Article I, Resettlement Disclosure, is hereby created.
Section 2. § 225-1 - Title.
This article shall be known as the “Albany County Resettlement Disclosure Law.”
Section 3. § 225-2 -- Legislative Purpose and Intent.
This legislation is to ensure that when a hotel, motel, owner of a multiple dwelling, or shelter [is planning to contract] has contracted for the purpose of providing housing or accommodations for [homeless persons, migrants, or asylum seekers] persons from a foreign municipality, the duly-elected local and school officials representing Albany County residents are offered the opportunity of time to plan for the health, safety, and welfare of the new arrivals as well as Albany County residents.
Section 4. § 225-3 - Definitions.
Agent - Any individual or organization contracted by or otherwise engaged with a foreign municipality and/or acting on their behalf.
Foreign Municipality - Any municipality [other than] except the County of Albany, municipalities within the County of Albany, and any municipality or County contracted with by the County of Albany for the purposes of providing or procuring rooms for temporary residence or stay.
Venue - Any hotel[,] or motel[, multiple dwelling, or shelter] in Albany County, or any multiple dwelling, or shelter that operates a rental service whose purpose is for temporary residence or stay. [contacted for the purposes of contracting with or otherwise engaging in business with any foreign municipality for the purpose of providing housing or accommodations for homeless persons, migrants, or asylum seekers.]
Section 5. § 225-4 - Notice of Contract or Engagement to Involved Representatives.
A. Within 24 hours of execution of a contract [offer or any other type of agreement to engage in business] for the purposes of [housing homeless persons, migrants, or asylum seekers] providing twenty or more rooms for a period of thirty or more days [by] to a foreign municipality or their agent, venue[s] proprietors or their designee in Albany County shall provide to the [following representatives] Albany County Clerk [relevant] information including number of rooms to be rented, the period of time said rooms shall be rented, and a copy of the contract (with financial information redacted) from said foreign municipality or their agent. If known, the venue proprietor or their designee shall also provide the maximum number of persons intended to be served, number of children [with respective ages], and intended lengths of stay to the County Clerk. [and contract (with financial information redacted) from said foreign municipality or their agent along with any other available information regarding the homeless persons, migrants, or asylum seekers:]
B. The County Clerk shall distribute the information required above to the following:
1) The Chairperson of the Albany County Legislature[, who shall disseminate such notice to the Albany to the Majority Leader and Minority Leader of the Albany County Legislature] as well as the Albany County Legislator who represents the legislative district which contains the venue; and
2) The Albany County Executive; and
3) Each City, Town, or Village Mayor or Supervisor who represents the municipality which contains the venue; and
4) The school district superintendent for the school district in which the venue is located.
Section 6. § 225-5 - Violations.
Any venue [owner or manager] proprietor who violates the provisions of this article shall be subject to an initial civil penalty of $500 per violation per day and a penalty of $1,000 per each subsequent violation per day.
Section 7. 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 8. Effective Date.
This local law shall take effect immediately after its filing with the Secretary of State.
Referred to Social Services and Law Committees - 7/10/23
Favorable Recommendation Social Services Committee - 10/24/23
Negative Recommendation Law Committee - 10/24/23