Realtors pull support for property manager license proposal [The Buffalo News, N.Y.]

Nov. 15--A proposal to license property managers in the city has drawn some questions from real estate professionals.

The Buffalo Niagara Association of Realtors, which in June came out in favor of the licensing proposal, has withdrawn its support for the measure.

The state, through the licensing of real estate brokers and real estate salespeople, has the authority to regulate, not a local municipality, said E. Alice Miranda, the association's president.

The Department of State's license "takes precedent over any local law," Miranda told The Buffalo News on Monday.

Miranda said that she was conveying the legal opinion she received and that the New York State Association of Realtors would be communicating its position with the city.

The Common Council is expected to take up the licensing proposal when it meets at 2 p.m. today in Council Chambers at City Hall.

The licensing measure, sponsored by South Council Member Michael P. Kearns and Delaware Council Member Michael J. LoCurto, has been in the works since the spring.

It would require individuals or companies paid to manage three or more rental units to be subject to a criminal background check and to submit information to the city, including proof of insurance and contact information.

The city already requires landlords to register.

Lawmakers have said the fee for the property manager license would be anywhere from around $30 to $50, but those with state real estate licenses would be exempt from the local fee.

Kearns has called licensing "another tool to weed out the bad actors."

The South Buffalo lawmaker said he believes there are problems because the state does not do enough in its oversight of licensees.

In his argument for enacting the licensing measure, Kearns pointed to two properties on Weyand Avenue in his district. Both are rental properties and have a property manager who is based in Florida.

The properties are nuisances for the neighborhood, with block clubs regularly reporting incidents there to police, Kearns said.

But Despite all the problems, the city essentially has nothing in its power to improve that situation, according to Kearns. There's already a "logjam" of cases in City Housing Court, which could mean a long period of time before action is taken.

However, if the property manager could potentially lose his or her license if problems persist, things could change in the Weyand Avenue situation and others like it, he said.

Kearns, who acknowledged that no law is perfect, said "we have too many problems in the city not to move forward with this."

He also said the measure has the support of City Housing Court Judge Patrick M. Carney.

Joseph S. Janowski Jr., a licensed real estate broker in Buffalo, isn't so sure the licensing measure, if enacted, would help.

Janowski said he understands the Council members' frustrations, but in the end the city might still end up with a property with a number of code violations.

"I know across upstate New York, all of upstate, there are very, very, very few good and responsible property management firms," said Janowski, president of Multifamily Advisory, which he said does not do any property management, including in Buffalo.

Janowski said he would like to see more enforcement done by city inspectors and a way to have cases expedited in Housing Court, rather than forcing people to get a license.

"I don't think it's that simple of a solution," he said.

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