HomeMy WebLinkAboutRental Law 2018 DECEIVED ,
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Proposed Rental Permit Code i:r44, to moo rot,
Last revised 8 13 2018
Southold Town Clerk
A Local Law entitled, "A Local Law in relation to Rental Permits"
207-1 Legislative intent.
A. The Town Board of the Town of Southold has determined that there exists in the Town of
Southold serious conditions arising from non-owner occupied rental of dwelling units in
one,two and three family and multiple dwellings that are substandard or in violation of the
New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code,
Electrical Code Fire Prevention Code Plumbing Code and other codes and ordinances of
he Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and
uch dwelling units pose hazards to life, limb and property of residents of the Town a d
thers,tend to promote and encourage deterioration of the housing stock of the Town,
reate blight and excessive vehicle traffic and parking problems and to overburden
unicipal services. The Board finds that current Code provisions are inadequate to hat the
roliferation of such conditions and that the public health, safety, welfare and good order
nd governance of the Town will be enhanced by enactment of the regulations set forth in
his chapter.
B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, J
hapter 100 or any other chapter of the Town Code of the Town of Southold.
20 -2 Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
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CODE ENFORCEMENT OFFICIAL
The official who is charged by the Town Board with the administration and enforcement of
this chapter, or any duly authorized representative of such person, including but not limited
to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior
Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal,
Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance
Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such
person(s) shall be certified as a New York State Code Enforcement Official; Code
Enforcement Officer.
DWELLING
A building designed exclusively for residential purposes.
DWELLING.MULTIPLE-FAMILY
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A building, other than an apartment house, designed for and occupied as a residence by
three or more families living independently of each other.
DWI+;I�IAN+1 , O NE FAMILY
A detached building designed for and occupied exclusively as a home or residence by not
more than one family.
DWELLING TWO-FAMILY
A building arranged, designed for or occupied exclusively as a home or residence for not
more than two families living independently of each other.
.
DWELLING UNIT
1 single unit within a building or structure providing complete independent living fac lities
or one or more persons, including permanent provisions for living, sleeping, eating,
.or
and sanitation.
IM: E I ,n FAMILY
'lie immediate family of the owner of a housing unit consists of the owner's spouse,
loinestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts,
nieces, nephews, cousins and in-laws.
OWNER
tay person, partnership, corporation or other entity who, alone or jointly with others, s Tal l
have legal title to any premises, with or without accompanying actual possession thereof. or
,ho shall have charge, care or control of an dwellitig unit as a cooperative sharehold r or
as executor, administrator,trustee, receiver or guardian of the estate or as a mortgagee in
possession,title or control; including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
RENT
A return, in money,property or other valuable consideration(including payment in kind or
for services or other thing of value), for use and occupancy or the right to use and
occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied,used or maintained for rental occupancy
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons as a home or residence
under an arrangement whereby the occupant or occupants thereof pay rent for such
occupancy and use.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Code Enforcement Officer designated by
the Town Board with the administration of this Chapter and shall be valid for 24 months
from the date of issuance.
§ 20723 Fees.
Rental, Permit fees shall be set by the Town Board by resolution.
§20714 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with functioning smoke detectors and carbon mono Jde
detectors, in compliance with New York State Uniform Fire Prevention and Building (:,ode.
§207:.5 Inspections.
A. o permit shall be issued under any application unless the rental dwelling unit has a v'ilid.
C ertificate of Occupancy or Pre-Certificate of Occupancy.
B. The Code Enforcement Official is authorized to make or cause to be made ins ection ,to
eteirmine the condition of dwellings and to safeguard the health, safety,morals and WrIf`are
Jf the public. The Code Enforcement Official or his designated representative is authorized
o enter the subject premises upon the consent of the owner.
C. Search without warrant restricted.Nothing in this chapter, except for provisions concerning
emergency inspections, shall be deemed to authorize the Code Enforcement Official or his
authorized representative to conduct an inspection of any premises subject to this chapter
without the consent of the owner of the premises or without a warrant duly issued by an
appropriate court.
D. Conflict with other chapters or law.Nothing in this chapter shall be construed to negate the
authority for inspections pursuant to any other section of law or court-ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a charge
made if said premises are not occUpied by the legal owner thereof. This presumption shall
be rebuttable. ....m
§207-6 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any
court of competent jurisdiction, for the issuance of a search warrant in order to conduct an
inspection of any premises covered by this chapter where the owner refuses or fails to allow an
inspection of its rental premises and where there is reasonable cause to believe that a violation of
this chapter has occurred. The application for a search warrant shall in all respects comply with
the applicable laws of the State of New York.
§207-7 Rental permit required.
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A. It sh_a11 be tifilawWl fQ ,iay .cnl l oc ipancy to _ist in Malay dwelling. thout the_owaler' " .
first having obtained a rental permit from the Code Enforcement Official.
1) It shall be an affirmative defense to a violation of Subsection A of this section th :t the
rental occupant or occupants is/are immediate family members of the owner of the
subject premises, as defined in this chapter.
B. Rental permit application requirements.
O Rental permit applications shall be in writing on a form provided by the Town and shall
include the owner's name, address and telephone number.
O Rental permits applications shall contain a description of the unit, including the ia.>x I ager
of rooms in the rental dwelling unit, and the dimensions and use of each such roo n
shall be included. The name, address and telephone number, if any, of the managi gig
agent or operator of each such intended rental dwelling unit shall be included
O Rental permits applications shall include the maximum number of persons that are being
requested to occupy,the,rental dwelling-unit......... .......
(4) All applicants for a rental permit shall sign an affidavit stating that they have received a
copy of and fully understand the Southold Town Code concerning the restrictions on
the number of unrelated persons occupying said residence.
(5) All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for the rental dwelling unit;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
(c) Inspection report. The owner of the rental dwelling unit shall (1) arrange
for an inspection of the unit or units and the premises on which the same
are located by the Code Enforcement Official or his designee employed by
the Town of Southold, or (2)provide to the Code Enforcement Official an
inspection report, on a form provided by the Town, signed by either a
New York State licensed professional engineer,New York State licensed
architect or home inspector who has a valid New York State Uniform Fire
Prevention Building Code certification that the structure and the dwelling ^
units contained therein meet all, appy housing, sanitary, building,
electrical and fire codes, rules and regulations.
(6) Each application shall be executed and sworn to by the owner of the premises.
All epi l pro rtaes conta jvng iglft or more rental units shall provide for a rl's g gated
ite manager, who shall be available to address and resolve any issues with the proper y 24
ours a day. The owner of the property must file the manager's address, telephone lizini.ber
nd other contact information with the Code Enforcement Official within five days of the
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signation of the manager or any changes thereto.
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1 OA renewal rental permit application signed by the owner shall be completed and f lei e `�
with the Code Enforcement Official at least 90 days prior to the expiration date of any
valid rental permit. A renewal rental permit application shall contain a copy of the prior
rental permit.
;2) Prior to the issuance of a renewal rental perm�;'B7(2) abovc,
ause ap inspecti of
the unit or units and the premises pursuant......... ._ ... ---
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(3) The Town of Southold shall not accept,review or approve any renewal rental
application for a rental dwelling unit dwellings wherein the prior rental permit
expiration date has passed. If the expiration date has passed,the owner must file a new
application.
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§207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or she
finds that the permit holder has caused,permitted, suffered or allowed to exist and remain
upon the premises for which such permit has been issued, for a period of 14 business days
or more after written, return receipt requested notice and opportunity to be heard has been
given to the permit holder, or the managing agent of such rental dwelling unit, a violation of
the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building
Code or a violation of this chapter or other chapter of the Town Code. Revocation of a
permit under this subsection cannot be done by a devisee or assistant of the Code
Enforcement Official.
B. An appeal frons such revocation maybe tal<en by the permit holder to the T-owii Board, by
written request, made within 30 days from the date of such revocation. The Town Board
;hall hold a public hearing on such appeal after receipt of written request of such alapc Il,
�tzid after such hearing shall make written findings and conclusions and a decision eilll�lr
Ustainii g such permit revocation or reinstating such permit within 30 days after close,of
LICA public hearing. Unless the Town Board directs otherwise in circumstances consthuting AA
serious threats to health and safety,the filing of an appeal shall stay the effectiveness o.1 a
permit revocation until the Town Board has considered and ruled upon the issue.
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C. Any permit holder that takes an appeal to the Town Board from the revocation of a ret°tal
permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the..
°i tt:en request for the appeal.
§20710 Broker's/Agent's responsibility.
A. 3roke;r's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall list or
)therwise advertise, or offer for lease any rental dwelling unit for which a current relit fl
permit has not been issued by the Code Enforcement Official.
§207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
§207-12 Penalties for offenses.
A. Any person, association, firm or corporation that violates any provision of this chapter or
assists in the violation of any provision of this chapter shall be guilty of a violation,
punishable:
(1) By a fine not less than$500 and not exceeding $5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than$10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and §
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended
to supersede Town Law § 268 and any other statute or local law to the extent necessary to
increase the minimum and maximum penalties contained therein.
§207-13 Implementation..
I. Severability.
If any clause, sentence,paragraph, section or part of this chapter shall be adjudged by any court
of competent,jurisdiction to be invalid, such jr.idgment-shall not effect, impair or.invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in said judgment.
II. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. However, in order t
of or I property owners a sufficient amount of time to apply for and obtain a rental permit as set
forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no vio]atiun i
for fiiilure to obtain a permit shall be issued to a person or entity that:
A. Has filed the necessary application in proper form with all required information and
attachments on or before August 1, 2019, and;
B. Has not received a final determination on the application on the application for
reasons over which the applicant has no control.
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