Village of Potsdam suing downtown landlord for renting without permits

Mar. 5—POTSDAM — The village is pursuing legal action against a downtown business owner for renting apartments without proper rental permits.

During the village board meeting on Monday night, the board voted to initiate a civil lawsuit in state Supreme Court against Steve Bond, who owns multiple properties including 16-18 Market St., 6 Harrington Court, 43 1/2 Main St., 79-81 Elm St. and 33 Market St., formerly occupied on the ground floor by Backstreets Bar.

According to the resolution, the village code enforcement officer has cited Bond's properties for violating Section 134 of the village code by lacking current rental permits. The resolution also noted that Bond's non-compliance could jeopardize the safety of the occupants and the community.

Village attorney Andrew W. Silver will represent the village in the civil suit, which is seeking a judgment to compel Bond to comply with the village code, as permitted under Section 134.

Prior to the vote, Trustee Sharon Williams expressed reservations, citing a lack of familiarity with the issue. Village Administrator Greg Thompson was absent from the meeting due to a conference, but Mayor Alexandra M. Jacobs Wilke sought input from Village Police Chief Michael Ames and Village Planning and Development Director Fred Hanss.

"It is my understanding that the properties are derelict and out of compliance and this is a necessary step for the village to take legal action," Ames said.

The mayor emphasized the necessity of enforcing the village code, "and again, much of this is informed by New York state rental law and code requirements."

Village Trustee Lynzie Schulte highlighted past issues with Bond's buildings, expressing hope for resolution to improve downtown aesthetics. Schulte is a local business owner and with her husband owns a cafe and rents apartments on Market Street.

"I'm hopeful there can be some kind of resolution in the future to have the village get a handle on some of these, especially these downtown buildings because they are in disarray and make the downtown look terrible," she said.

Trustee Monique Tirion asked if village officials had a sense of how much the lawsuit would cost.

"I don't think we have a sense," Jacobs Wilke said. "I also don't think we have a choice under the village law when someone is not in compliance and they have been told and told and told and given all opportunities and all extensions. At some point we have to enforce our code ... especially with fire code which is governed under New York state Law."

Schulte noted the requirement for landlords to permit code inspections every three years, which Bond had failed to comply with.

Williams questioned the ultimate goal, suggesting using available resources to rehabilitate the buildings.

"I would caution us not to get too far into an area of speculation since we are about to send this to potential legal action," Jacobs Wilke said. "There may be different steps we may consider at a later date with our staff and as a board in different circumstances, but I wouldn't want to prejudge what would happen in legal proceedings so I would just caution us not to prejudice such proceedings with our comments as to what we would prefer to have happen."

The resolution passed with three votes. Williams abstained from voting, saying she didn't have enough time to think about and fully grasp what's happening. Deputy Mayor Steve Warr was absent from the meeting.