Daily Real Estate News **| **May 31, 2007 Town Holds Agents Liable for Rental Code Violations
The town of Islip on Long Island, N.Y., has passed a law that local real estate practitioners say holds them liable for any code violations in the properties they list, lease, rent or sell.
Town councilman Steven Flotteron says the change merely holds practitioners liable for illegal rentals; He says it requires practitioners to call the town about their rental listings to make sure property owners have a rental permit.
But the new law also says real estate practitioners who sell any “dwelling unit” must make sure it is in “full compliance with the Code of the Town of Islip.”
Long Island Board of REALTORS® president Linda Bonarelli said the language of the revised law requires practitioners to act as building inspectors and enforce town code on both rental and sale properties.
“It places an unfair burden on [practitioners],” she said. “It’s making us the code police.”
A first offense can cost up to $2,000 and 15 days in jail, according to the law, which was approved by the town council last week. Three or more offenses in five years specifies a $5,000 fine.
Is this the future? In my jurisdiction the sale is stopped by the city if unpermitted construction exists on the property. The jurisdiction west of here does not have this and some of the properties out there are bad. I’ve been invloved in some inspections of some real bad homes, mostly mould problems.
The board of realtors in that area or NAR in washington DC will soon be filing legal action to blow that bit of nonsense completely out of the water. How could a real estate agent possibly be held liable for knowledge which they are not in possession of nor qualified to render an opinion on. Most home inspectors are not qualified to render code related opinions, much less the owner, tenant or real estate agents.