Counsel’s Corner: Local Laws of 2022

By Patrick Cummings, NYSAC Counsel

NYSAC tracks and makes available local laws that have been passed in our member counties. Understanding what other counties are doing to address their local issues or needs can provide ideas for you, our local leaders, to use in some variation in your county.

When the COVID-19 related State of Emergency Declaration ended in New York, local governments were once again required to hold public meetings in person.

However, on April 9, 2022, the State amended the Open Meetings Law to allow the expanded use of videoconferencing by public bodies in the conduct of open meetings, under extraordinary circumstance, regardless of a declaration of emergency.

Under this amendment, a local government must pass a local law prior to allowing into this public meeting virtual option.

On May 11th, the Columbia County Board of Supervisors enacted such a local law allowing for continued Hybrid Public Meetings within the parameters and allowances of state law, which include:

A. A quorum of the Board must still meet in person at a physical location open to the public,

B. Members of the Board of Supervisors may attend meetings virtually only under “extraordinary circumstances” which are defined as: “disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting”,

C. The meeting minutes must identify which, if any, Board members are participating remotely,

D. If any Board member is meeting virtually, the public will be allowed to attend virtually as well, and

E. Each meeting conducted using videoconferencing shall be recorded and such recordings posted or linked on the public website of the Board within five [5] business days following the meeting and shall remain so available for a minimum of five [5] years.

Link to full text of the local law: https://on.ny.gov/3CL73oR

In an effort to stop rapidly increasing incidents of catalytic converter theft, on May 23, 2022, Nassau County enacted a local law requiring metal scrap shops to require additional documentation when purchasing scrap catalytic converters and provide that information to law enforcement.

Catalytic converters are required emissions control devices that reduce harmful pollutants in exhaust gas from internal combustion engines. These devices are affixed under cars and contain precious metals that can be repurposed and sold to scrap metal dealers. If taken off a car, it costs car owners thousands of dollars to replace.

The law now states any person attempting to sell a catalytic converter to a purchaser must provide the following information:

A. the year, make, model, and vehicle identification number for the vehicle from which the part was removed, and

B. a copy of the certificate of title or other documentation indicating that the seller has an ownership interest in the vehicle.

The purchaser is then required to:

A. keep an accurate electronic record of each purchase of a catalytic converter,

B. keep each record for at least 5 years, and

C. make such records available for inspection not later than seventy-two (72) hours after the date of purchase.

On June 6, 2022, Westchester County passed a Local Law requiring landlords to provide their tenants with the flood history of the property. This law is meant to inform and better protect renters when entering into a contract.

The law requires any owner of real property who is leasing or renting the property for residential or commercial occupancy must, prior to entering a written agreement, notify the prospective tenant of:

A. whether the property is located in a Special Flood Hazard

Area as shown on the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency, and

B. the propensity for flooding of the premises contained on such property if such flooding has occurred to such owner's knowledge, at least one time during the ten-year period immediately preceding the date of the lease and has caused flood damage to any portion of the leased premises. The law states the Westchester County Planning Department shall provide such "Flood Disclosure Form" on its website or by hard copy when requested. The owner of the property seeking to be rented shall provide notification of the propensity for flooding within the "Flood Disclosure Form" to be signed by both the owner of the property and the tenant.

Non-compliance with this local law accompanied with a tenant that sustains flood damage during their lease may commence an action in a court of competent jurisdiction for the recovery of such damages.

Link to full text of the local law: https://on.ny.gov/3ezMN1r