[HISTORY: Adopted by the Board of Trustees of the Village
of Port Jefferson 10-7-2013 by L.L. No. 11-2014. Amendments noted where applicable.]
The Village Board of the Village of Port Jefferson has determined
that there exist in the Village of Port Jefferson serious conditions
arising from the rental of dwelling units that are substandard or
in violation of the New York State Uniform Fire Prevention and Building
Code and other codes and ordinances applicable within the Village
of Port Jefferson; are inadequate in size, overcrowded and dangerous;
that such dwelling units pose hazards to life, limb and property of
residents of the Village of Port Jefferson and others; tend to promote
and encourage deterioration of the housing stock of the Village of
Port Jefferson; create blight, excessive vehicle traffic and parking
problems; and overburden municipal services. The Board finds that
current Code provisions are inadequate to halt the proliferation of
such conditions and that the public health, safety, welfare and good
order governance of the Village of Port Jefferson will be enhanced
by enactment of the regulations set forth in this article, which regulations
are remedial in nature and effect.
A.
Scope. This article shall apply to all rental dwelling units located
within the Village of Port Jefferson, whether or not the use and occupancy
thereof shall be permitted under the applicable use regulations for
the zoning district in which such rental dwelling unit is located,
as provided in this article. Any dwelling unit, rooming house unit,
boardinghouse unit or any other premises subject to this article shall
be presumed to be rented for a fee and a charge made if said premises
are not occupied by the legal owner thereof.
B.
Applicability. The provisions of this article shall be deemed to
supplement applicable state and local laws, codes and regulations.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies or existing requirements of any other
provision of state or local law or code or regulation. In case of
conflict between any provision of this article and any applicable
state or local law, code or regulation, the more restrictive or stringent
provision or requirement shall prevail. The issuance of any permit
or the filing of any form under this article does not make legal any
action or state of facts that is otherwise illegal, unlawful or unpermitted,
or otherwise in contravention of any other applicable law, code, rule
or regulation.
A.
BUILDING AND HOUSING DEPARTMENT
BUILDING INSPECTOR
CODE ENFORCEMENT OFFICER
CONVENTIONAL BEDROOM
KITCHEN
NEW PERMIT
NONCONFORMING BUILDING OR USE
NONHABITABLE SPACE
OWNER
OWNER-OCCUPIED
RENEWAL PERMIT
RENT
RENTAL DWELLING UNIT
RENTAL OCCUPANCY
RENTAL OCCUPANCY PERMIT
RENTAL OCCUPANCY REGISTRATION
Definitions. Any term not defined below shall be construed in accordance with § 250-8 of the Village Code. As used in this article, the following terms shall have the meanings indicated:
The Building and Housing Department of the Village of Port
Jefferson or any agent or officer of such Department.
The Building Inspector of the Village of Port Jefferson or
any person duly appointed as such Inspector.
The Building Inspector, Housing Inspector, any Fire Marshal,
Fire Inspector or Chief of the Fire Department, or their delegates
or assistants.
A room designed as a bedroom or, as in the case of a studio
apartment, a common room used for sleeping purposes. Rooms having
other purposes, such as dens, living rooms or hallways, are not to
be interpreted as "conventional bedrooms." A room may not be converted
to a conventional bedroom without the permission of the Building and
Housing Department.
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
A permit that is issued to the owner of an intended rental
dwelling unit where such premises do not possess a rental permit that
is valid and in force prior to the date that the application is submitted
for said rental permit.
One that does not conform to the applicable building, zoning
or other relevant regulations of the district in which it is situated.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame in a room is presumptive evidence that the room is being used
for sleeping purposes.
Any person, partnership, corporation or other entity who,
alone or jointly with others, shall have legal title to any premises,
with or without accompanying actual possession thereof; or who shall
have charge, care or control of any dwelling unit as a cooperative
shareholder 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.
Occupation of a dwelling unit, other than a multiple-apartment
unit, condominium or cooperative, by the owner and/or his family.
A permit that is issued to the owner of a rental dwelling
unit where such premises does possess a rental permit that is valid
and in force prior to the date that the application is submitted for
said rental permit.
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.
A dwelling unit established, occupied, used or maintained
for rental occupancy as a one-, two- or three-family dwelling or multiple-apartment
unit or condominium or cooperative, under or by virtue of a rental
or lease agreement, verbal or written, or where any sum or thing is
paid for occupancy or a charge is made for use and/or occupancy, or
where occupancy is pursuant to a contract of sale or installment payment
contract, or free of payment by the occupant where payment is made
by another individual, organization or agency, or any other occupancy
or arrangement for charge of any kind.
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. A renter or
lessee subletting or reassigning any part or all of any dwelling or
dwelling unit shall be deemed to be a co-owner with the lessor for,
and shall assume and have joint responsibility over, the portion of
the premises sublet or assigned by said lessee.
A permit which is issued upon application by the Building
and Housing Department for a rental dwelling unit.
The registration of a rental dwelling unit on a form that
is approved by the Building and Housing Department.
B.
Word usage. Words used in the singular number shall include the plural,
and vice versa; the word "shall" is mandatory.
A.
It shall be unlawful and a violation of this article and an offense
within the meaning of the Penal Law of the State of New York for any
person or entity who owns or rents a dwelling unit in the Village
of Port Jefferson to use, establish, maintain, operate, let, lease,
sublease, rent or suffer or permit the occupancy and use thereof as
a rental occupancy without first having obtained a valid rental occupancy
permit therefor. Failure or refusal to procure a rental occupancy
permit hereunder shall be deemed a violation.
(1)
Rebuttable 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.
B.
Application for a rental occupancy permit for a rental dwelling unit
shall be made in writing by the owner of the property to the Building
and Housing Department on a form provided therefor. Such application
shall be filed and shall contain:
(1)
The name, residence address, mailing address and telephone number,
if any, of the owner of the dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map designation (section, block and lot
or lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling units intended for occupancy are located.
(3)
A description of the structure, including the number of rental dwelling
units in the structure.
(4)
The number of persons intended to be accommodated by, and to reside
in, each such rental dwelling unit.
(5)
The number of rooms and the dimensions and use of each room in the
structure but outside of the rental dwelling units.
(6)
For each rental dwelling unit, a description of the unit, including
the number of rooms in the rental dwelling unit and the dimensions
of each such room.
(7)
A property survey of the premises, drawn to a scale not greater than
40 feet to one inch, if not shown on the survey, a site plan, drawn
to scale, showing all buildings, structures, walks, drives and other
physical features of the premises and the number, location and access
of existing and proposed on-site vehicle parking facilities.
(8)
A copy of the certificate of occupancy and/or certificate of zoning
compliance and any certificates of nonconforming use as recorded by
the Incorporated Village of Port Jefferson for the premises on which
the rental dwelling unit intended for occupancy is located.
C.
Each application shall be executed by and sworn to by the owner of
the premises.
D.
Notwithstanding the above, no rental occupancy permit shall be required
for a residential care facility established under New York State guidelines.
A.
A nonrefundable biannual permit application fee as set from time
to time by resolution of the Board of Trustees shall be paid, upon
filing an application for a rental occupancy permit, in accordance
with the schedule of rental dwelling units per structure:
B.
The fee required by this section shall be waived for any applicant
which demonstrates that it is a not-for-profit housing development
corporation organized under the laws of the State of New York, and
that it is providing housing for senior citizens or other designated
special populations subject to income guidelines established by either
federal or state regulation.
C.
Any commercial hotel/motel business operating exclusively and catering
to transient clientele, that is, customers who customarily reside
at these establishments for short durations for the purpose of vacationing,
travel, business, recreational activities, conventions, emergencies
and other activities that are customary to a commercial hotel/motel
operation, shall pay a biannual fee as set from time to time by resolution
of the Board of Trustees per application. For the purpose of this
article, a "short duration" shall be defined as not more than 21 consecutive
days. This section shall not apply to any commercial motel/hotel whose
primary purpose is to provide permanent residences to their customers.
For the purposes of this article, "permanent residence" shall be defined
as more than 21 consecutive days.
D.
Any owner who operates a multiple apartment unit, boardinghouse or
rooming house shall pay a biannual permit application fee as set from
time to time by resolution of the Board of Trustees based upon the
number of rental units, as follows:
A.
The Senior Building Inspector, or his designee, shall review each
application for completeness and return incomplete applications or
advise the owner that the application is complete within two weeks
of receipt of the application by the Village. Within 30 days of receiving
notice from the Village of Port Jefferson of receipt of a complete
application, the owner of the rental dwelling unit shall, at the owner's
election: arrange for an inspection of the unit or units and the premises
on which the same are located by a Code Enforcement Officer employed
by the Village; or shall provide to the Village sufficient evidence,
certified by a licensed engineer, that the structure and the dwelling
units contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations.
B.
Upon completion of the inspection by a Village Code Enforcement Officer,
he shall issue findings in a written report, the format of which will
be provided by the Village Building and Housing Department.
C.
Upon completion of the inspection by a licensed engineer hired by
the owner, he shall issue findings in a written report, the format
of which will be provided by the Village Building and Housing Department.
D.
The inspection and report shall be completed and filed with the Village
Building and Housing Department within 120 days of the notice of completion
of the application. If the report states that the proposed rental
dwelling unit or units, as well as the premises in which the same
are located, comply fully with all applicable state and local laws,
rules and regulations, and that such rental dwelling unit or units
do not create an unsafe or dangerous condition, the Senior Building
Inspector or his designee shall issue the permit, which shall state
the name and address of the owner of the subject property, the maximum
number of occupants and the number of conventional bedrooms for the
structure.
All permits issued pursuant to this article shall be valid for
a period of two years from date of issuance.
It shall be the duty of the Senior Building Inspector to maintain
a register of permits issued pursuant to this article. Such register
shall be kept by street address, showing the name and address of the
permittee, the number of rental dwelling units at such street address,
the number of rooms in each such rental dwelling unit and the date
of expiration of permit for such unit.
[Amended 11-7-2016 by L.L. No. 9-2016]
A.
The Senior Building Inspector may recommend to the Board of Trustees
the revocation of 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 days or more after written notice has been
given to the permit holder or the managing agent of such rental dwelling
unit, a violation of the Multiple Residence Law, New York State Uniform
Fire Prevention and Building Code, New York State Energy Conservation
Construction Code or a violation of this article or other chapter
of the Village Code.
B.
Upon the recommendation of the Senior Building Inspector and after
10 days' written notice by certified mail to the owner, the Village
Board shall hold a public hearing on such recommendation within 60
days after such recommendation, and after such hearing, shall make
written findings, a conclusion and a decision.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant(s) or other person(s), to take
up residence by a rental occupancy in any dwelling unit without the
owner's first having completed and filed with the Code Enforcement
Officer a rental registration form approved by the Senior Building
Inspector, and bearing the signature of the owner acknowledging the
requirements of such permit.
A.
It shall be unlawful and a violation of this article, and an offense
within the meaning of the Penal Law of the State of New York, for
any real estate broker or agent to list, advertise, show or otherwise
offer for lease, rent or sale on behalf of the owner as a residence
with a rental dwelling unit or units any residence or residential
dwelling unit for which a current rental occupancy permit is not in
force. It shall be the real estate broker's or agent's duty
to verify the existence of a valid rental occupancy permit before
acting on behalf of the owner.
B.
It shall be unlawful and a violation of this article, and an offense
within the meaning of the Penal Law of the State of New York, for
any real estate broker or agent to list, advertise, show or otherwise
offer for lease, rent or sale on behalf of the owner any residential
dwelling in a manner inconsistent with the use reflected on the certificate
of occupancy, certificate of zoning compliance, certificate of existing
use or special permit issued for the premises. It shall be the real
estate broker's or agent's duty to verify the legal status
of the premises before acting on behalf of the owner.
C.
It shall be unlawful and a violation of this article, and an offense
within the meaning of the Penal Law of the State of New York, for
any real estate broker or agent to list, advertise, show or otherwise
offer for lease, rent or sale on behalf the owner or such other person
acting in the owner's behalf any residential dwelling in a manner
inconsistent with the number of rooms, bedrooms, kitchens or units,
identified on the property card for the premises maintained by the
Village of Port Jefferson for such structure. It shall be the real
estate broker or agent's duty to verify the legal status of the
premises before advertising the premises on behalf of the owner, or
such other person acting in the owner's behalf.
Any person, association, estate, trust, firm or corporation
or other entity which violates any provision of this article or assists
in the violation of any provision of this article shall be guilty
of a violation as that term is defined in the New York Penal Law and
which is punishable:
A.
By a fine not exceeding $5,000 or by imprisonment for a period not
to exceed 15 days, or both, for a conviction of a first offense, and
by a fine not exceeding $5,000 or by imprisonment for a period not
to exceed 15 days, or both for any additional offense(s) of this article
that are charged.
B.
Each month that the violation continues to exist shall constitute
a separate and distinct offense.
C.
The Building Inspector or his designee shall be responsible for investigating
and documenting violations of any case of illegal over-occupancy within
the Village or for failure to comply with the provisions of this article
with regard to illegal advertisements.
D.
The Village Attorney shall be authorized to institute an action in
the Supreme Court for the State of New York, County of Suffolk, for
appropriate relief, including injunctive relief, and may seek the
imposition of all costs related to such action to be charged against
the property, which such charges shall be collected as additional
tax.