Landlord's Appeal of Local Rent Law Untimely

Facts: In 1996, the Town of North Hempstead passed a law requiring landlords to obtain permits before renting apartments. The town said the law was intended to prevent overcrowding and the resulting deterioration of housing. The law also required landlords to register the names, ages, and relationships, if any, to landlord, of each person residing in any rented apartment. The law further required landlords to file a rental registration form every time an apartment became vacant and landlord intended to rerent. The town filed criminal charges against landlord for not complying with the law. Landlord claimed that the law violated his tenants' right to privacy and was unconstitutional. While the criminal charges were pending, landlord sued the town in a separate civil action, and the criminal case was delayed. The civil court ruled against landlord. Landlord appealed, and won in part. The court upheld the permit requirement, but found that the registration requirements were unconstitutional. While landlord's appeal was pending, landlord had pleaded guilty in the criminal case to seven violations of the law. Landlord now appealed the conviction that resulted from his plea. The court ruled against landlord, and landlord appealed. Court: Landlord loses. Landlord's appeal of the criminal conviction was untimely. Although he had pleaded guilty, landlord could have directly appealed the resulting conviction on constitutional grounds. Instead, landlord waited until the civil court ruled on his appeal.

People v. Anthony: NYLJ, 12/19/06, p. 22, col. 1 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, Lippman, JJ)