SHAMOKIN - The chairman of the Shamokin Housing Authority does not agree with some parts of Shamokin's landlord-tenant registration ordinance, but has recently complied with it to avoid a fine.
Authority chairman Raymond G. Splane was cited by city Code Enforcement Officer Rick Bozza on May 30 for failing to submit his landlord license application and pay a $25 registration fee, per an ordinance passed by city council in June 2011.
A hearing was set for July 9, but the citation was withdrawn that day after Splane turned in his application and fee after negotiating with city solicitor H. Robert Mattis, who would have prosecuted the case.
"I thought I had a pretty good case, but I'm not pennywise and pound foolish," Splane said Thursday. "A $25 fee over a larger fine makes sense."
Any landlord or owner of a residential unit convicted of violating the ordinance can be sentence to pay a fine between $100 and $500.
Splane claimed he never received the application, but questioned Bozza about it when he received a warning letter on March 23.
"I told him I never got the application, and he insisted that I did," Splane said. "I always intended to get the license, but never got the application."
That was the point made by Mattis when asked about the citation's withdrawal.
"There was some question about whether or not he got the application. It was very confusing," Mattis said. "Our purpose was not to have any problems, just to have compliance. If we find someone isn't following the ordinance blatantly, we will prosecute."
Issue of fairness
While Splane is now in compliance, he doesn't agree with a number of issues in the ordinance.
"The purpose of the ordinance is to get people on the tax rolls, but if you are renting to a relative, you don't have to name them," Splane said. "How fair is that?"
The ordinance states residential rental units occupied by immediate members of the unit owner's family do not need to be licensed, provided no more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling at any given time.
Splane said there is selective enforcement going on as well.
"They cited me, but there are other landlords and building owners who have not complied with the ordinance," he claims, citing a few examples.
"It could take years to actually find every person that rents a property out in Shamokin," responded Bozza. "We are working on it and sending out letters and citations where applicable."
Kelly Seroski, the code enforcement office's secretary, said 165 landlords have complied with the ordinance, but officials are finding new names every day. Letters were mailed just Tuesday to two landlords, who will have 10 days to comply with the ordinance or face a citation.
As housing authority chairman, Splane oversees operation of the Harold E. Thomas Highrise, developments on Spruce Street, Harrison Street and the Raspberry Hill Complex, but he said the authority is exempt and does not require a license.
He agrees, however, that it conflicts with his point about leaving residents off the tax rolls.
"We have to check if we can do that, under our confidentiality agreement, with renters," he said about providing names. "That might be something that the solicitor has to determine."