[Added 1-14-2015 by L.L. No. 5-2015]
As used in this article, the following words shall have the
meanings indicated:
A building primarily providing sleeping and/or residential
quarters for large numbers of people including but not limited to
boarding schools, college or university students.
[Added 5-10-2016 by L.L.
No. 23-2016]
Any residential area, space, or housing unit in any zoning
district which is occupied for habitation as a residence by persons
other than the owner or the owner's immediate family.
For the purpose of this article immediate family shall mean as set forth in § 198-2 (Family).
An independent New York State trained and certified code
enforcement inspector, who is not employed by the Town of Huntington
or is an employee of the owner of the property being certified
[Added 5-10-2016 by L.L.
No. 23-2016]
Any individual, business entity, enterprise, trust, association,
public utility or other legal entity responsible for the maintenance
or operation of any residential rental property.
A building or portion thereof that is utilized or occupied
for more than one use or purpose. This article shall apply only to
the dwelling units contained within mixed-use occupancy buildings.
[Amended 5-10-2016 by L.L. No. 23-2016]
A building or portion thereof designed for or occupied by
three or more family units living independently of each other.
[Added 5-10-2016 by L.L.
No. 23-2016]
Any person, business entity, or association who, alone or
jointly with others, holds a fee interest in real property with or
without accompanying actual possession thereof; or a managing agent
who is responsible for the maintenance and/or operation of real property;
or an executor, administrator, trustee, receiver or guardian of an
estate; or a mortgagee who has secured a judgment of foreclosure and
sale, or who is in possession, title or control of real property,
including but not limited to a bank or lending institution, regardless
of how such judgment, possession, title or control was obtained.
[Amended 5-10-2016 by L.L. No. 22-2016]
Dwelling unit(s) in one and two family homes, multiple residences,
dormitories, and mixed-use occupancy buildings in any zoning district
which are occupied for habitation as a residence by persons other
than the owner or the owner's immediate family, and for which a fee
or other compensation is received by the owner or managing agent,
directly or indirectly, in exchange for such residential occupation.
The term "rental property" shall exclude properties used solely for
nonresidential purposes; one family homes which continue to be the
primary and permanent residence of the owner but are leased or occupied
by one other than the owner or owner's immediate family for six (6)
months or less in any calendar year; two-family homes where the owner
or a member of the owner's immediate family resides in one of the
two dwelling units; legal habitable dwellings detached from the main
residence of the owner or owner's immediate family on the lot; multiple
dwellings where the owner or owner's immediate family reside on site;
large multiple residence developments or communities having approved
bylaws and a homeowner's association, board or similar management
organization on-site with jurisdiction over rental property, and the
on-site office is manned during regular business hours and has an
emergency hotline available for use during non-business hours; those
having valid accessory dwelling unit permits; any property owned and/or
operated by the United States, the State of New York, the County of
Suffolk, Town of Huntington and their respective agencies and political
subdivisions; any property managed or operated by a not-for-profit
organization to provide community-based housing in compliance with
guidelines established by New York State, Suffolk County, or the federal
government, and the property is certified and inspected by the requisite
governmental agency pursuant to said guidelines; any property owned
or managed by the Huntington Housing Authority, the Huntington Housing
Authority Mortgage Banking Corporation, and the Huntington Community
Development Agency.
[Amended 5-10-2016 by L.L. No. 23-2016; 6-7-2016 by L.L. No. 30-2016; 11-19-2020 by L.L. No. 49-2020]
[Amended 5-10-2016 by L.L. No. 22-2016]
(A)
Owner or managing agent.
(1)
It shall be unlawful for the owner or managing agent to lease or
rent, or offer to lease or rent, any rental property or dwelling unit
for which a valid rental permit has not been issued pursuant to this
article. It shall be immaterial whether or not rent or any other consideration
is paid or tendered to the owner or managing agent by the occupant
of such dwelling unit or rental property; and
(2)
It shall be unlawful for the owner or managing agent to submit for
filing pursuant to this chapter false or misleading statements or
information, or to submit for filing a certification or other document
generated by one who did not inspect all portions of the rental property;
and
(B)
Engineer, Architect and other consultant. Any engineer, architect
or other consultant including an independent state certified code
enforcement official who generates a certification or other document
for filing pursuant to this chapter containing false or misleading
statements or information; or generates a certification without entering
into and/or inspecting all portions of the rental property, shall
be deemed to be in violation of this article.
[1]
Editor’s Note: This local law also repealed former Subsection
(B), Real estate agency, real estate broker or agent, and redesignated
former Subsection (C) as Subsection (B).
[Amended 5-10-2016 by L.L. No. 22-2016]
The presence or existence of any of the following shall create
a rebuttable presumption that rental property or a dwelling unit is
rented. Nothing herein shall be construed so as to prevent persons
from living together as a family unit with the owner.
(1)
The property is occupied by someone other than the owner, and the
owner or managing agent of the property represents in writing or otherwise,
to any person or establishment, business, institution or government
agency, that he resides at an address other than the rental property.
(2)
Persons living in the rental property or dwelling unit represent
that they pay rent to the owner of the premises.
(3)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner.
(4)
Testimony by a witness with personal knowledge of the facts that
a person other than the record owner resides at the premises.
(5)
There is more than one mailbox at the premises.
(6)
There is more than one gas meter at the premises.
(7)
There is more than one electric meter at the premises.
(8)
There are separate entrances for segregated parts of the building.
(9)
There are partitions or internal doors which may serve to bar access
between segregated portions of the building including but not limited
to bedrooms.
(10)
There exists a separate written or oral lease, or rental or
occupancy agreement, or payment arrangement for portions of the rental
property between the owner or managing agent and the different occupants
and/or tenants of the property.
(11)
There exists an inability of any occupant or person in possession
thereof to have unimpeded and/or lawful access to all parts of the
rental property or rental unit.
(12)
Two or more kitchens each containing one or more of the following:
a range, oven, hotplate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator.
[Amended 5-10-2016 by L.L. No. 22-2016]
A rental permit and renewal thereof shall be valid for a period
of two (2) years from the date of issuance unless sooner terminated.
(A)
The owner or managing agent of rental property or a dwelling unit
shall apply for a rental permit before the property or dwelling unit
is advertised for rent or if the vacancy is not advertised then such
permit shall be obtained before the premises are leased or occupied
by one other than a member of the owner's immediate family. The rental
permit number shall be noted on the advertisement. Failure to file
an application or to apply within the specified period shall be deemed
a violation of this article.
(B)
Transfer of property. In the event ownership of rental property is
transferred to a new owner, the new owner or managing agent shall
apply for a rental permit within thirty (30) days of the closing of
title if any portion of the property is rented or leased at the time
of closing. If an application is not filed as required by this article
there shall be a presumption that the property is being utilized as
rental property by the new owner(s) in violation of law. Failure to
file an application or to apply within the specified period shall
be deemed a violation of this article.
(C)
Application. Applications for rental permits shall be on forms provided
by the Department of Public Safety and signed by each owner or managing
agent of the property. A non-refundable application fee of seventy-five
($75.00) dollars per property shall be payable upon application. In
no instance shall the filing of an application and payment of fees
be construed as to exonerate the owner or managing agent of responsibility
for compliance with the building, housing and maintenance requirements
of any local, county, state or federal agency having jurisdiction.
Each application shall include the following:
(2)
A copy of the latest deed to the property; and
(3)
Latest survey of the property, if available or a plot or schematic
showing the size and location of the lot and all buildings and structures
thereon; and
(4)
Government issued proof of residency of each owner with picture
ID (driver's license, passport, etc.), and the address and contact
number thereof; and
(5)
The name, address and contact number of the managing agent,
if applicable; and
(6)
A signed and notarized certification in a form acceptable to
the Director of Public Safety by each property owner or managing agent
attesting to the total number of persons occupying each rental property
or rental unit owned or managed by the registrant as of the date of
registration; and
(7)
Location of the premises, the number of dwellings units located
therein, and number of persons to be accommodated; and
(8)
A floor plan of each dwelling unit and the accommodations; and
(9)
[1]Such other information and/or documentation deemed necessary
by the Director of Public Safety.
[1]
Editor’s Note: Former Subsection (C)(9), listing a certification
from a licensed professional engineer, licensed architect, or a Town
ordinance/code enforcement officer, was repealed 5-10-2016 by L.L.
No. 23-2016. This local law also redesignated former Subsection (C)(10)
as Subsection (C)(9).
(D)
Duty to amend. If the status of the information changes during the
course of any calendar year, it is the responsibility of the owner
or managing agent to submit such changes to the Department of Public
Safety in writing within thirty (30) days of the occurrence of such
change.
(E)
Non-compliance. Failure of an owner or managing agent to secure a
rental permit or to amend the information, or to do so within the
period provided shall constitute a violation of this article.
(A)
Permit fee. A non-refundable permit fee of four hundred and seventy-five
($475) dollars per property shall be payable before a rental permit
or renewal permit is issued.
[Amended 5-10-2016 by L.L. No. 22-2016]
(B)
Late charges. A late charge equal to two times the amount of the
permit fee, prorated for the period of delay, shall be charged to
owners and/or managing agents who fail to apply for a rental permit
or renew their permits on a timely basis.
(C)
Re-inspections. If the owner has requested that an inspection be
performed by the Town instead of a licensed professional engineer
or registered architect, a re-inspection fee of seventy-five ($75)
dollars shall be charged if the property owner or his agent fails
to appear for a scheduled inspection for a second time.
[Added 5-10-2016 by L.L.
No. 22-2016[1]]
[1]
Editor’s Note: This local law also redesignated former
Subsection (C) as Subsection (D).
(D)
Compliance
required.
[Amended 5-10-2016 by L.L. No. 23-2016]
(1)
No permit or renewal thereof shall be issued unless the property
is in compliance with all the provisions of the Code of the Town of
Huntington, and meets the requirements of all applicable county, state
and federal laws, codes, rules and regulations.
(2)
No permit or renewal thereof shall be issued unless the property
owner provides a certification from an independent professional engineer
or registered architect, other than the property owner, licensed in
the State of New York and containing their seal, or the certification
of a Town ordinance/code enforcement officer, or of an independent
state certified code enforcement official, attesting that the property
at issue is in compliance with the Huntington Town Code, and meets
the requirements of all applicable county, state and federal laws,
codes, rules and regulations. Nothing in this article, except in the
case of an emergency pursuant to § 160-48(C), shall be deemed
to authorize the Town to conduct an inspection of any property without
the consent of the owner or managing agent, if the dwelling unit or
units are unoccupied, and if occupied, upon the consent of the occupant,
owner or managing agent of the property in the absence of a warrant
duly issued by a court of law.
[Amended 5-10-2016 by L.L. No. 22-2016]
A rental permit may be renewed by application to the Department of Public Safety as in the case of an original permit application, with payment of a non-refundable application fee of twenty-five ($25) dollars and the production of any documents deemed necessary by the Director. All applications for a renewal of a permit shall be filed before the expiration of the original permit, and are subject to the late charges set forth in § 160-26(B). A permit may only be renewed by the same owner for the same property upon the payment of the permit fee set forth in § 160-26(A).
[Added 5-10-2016 by L.L.
No. 22-2016]
(A)
Basis for denial. Any application for a rental permit, including the renewal or transfer of a permit, can be denied for the reasons set forth in § 160-36. In the event an application is denied, notice of denial shall be given in writing and served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the notice is returned by the Post Office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be valid.
(B)
Notice
of denial. The notice of denial shall set forth the grounds therefor
and contain a statement that the applicant may appeal such denial
by filing a written request for an appeal thereof with the Huntington
Town Clerk within twenty (20) days of receipt of the notice of denial,
together with payment of one hundred ($100) dollars to cover the costs
of processing the appeal. The notice shall also contain a statement
that the applicant may submit written objections to the denial, and
any other information the applicant deems advisable or necessary.
The Town Clerk shall forward a copy of the appeal to the Town Attorney
and the Department of Public Safety for further processing.
(C)
Notice
of an administrative hearing. Notice of the date, time and place of
the administrative hearing shall be given in writing and served by
registered or certified mail, return receipt requested to the applicant
at the address shown on the application. The notice shall contain
a statement that (1) the applicant is entitled to be represented by
legal counsel at the hearing and may present the testimony of witnesses
and such other evidence in his or her own behalf as may be deemed
relevant or necessary, and (2) in the event the applicant fails to
appear for the hearing, the denial shall remain in full force and
effect and be final.
(D)
Conduct
of hearing. The hearing shall occur before a duly appointed Administrative
Hearing Officer, and may be adjourned by the Hearing Officer only
upon good cause shown. At the administrative hearing the applicant
shall be entitled to be represented by legal counsel and provided
with an opportunity to be heard. The applicant may present the testimony
of witnesses, experts and other evidence in his or her own behalf
as he or she deems advisable. The code officer or other witness may
appear and give testimony or submit evidence in support of the determination
to deny a permit, or to deny the transfer or renewal of same, as deemed
necessary by the Town. All hearings shall be recorded.
(E)
Administrative
Hearing Officer. The Hearing Officer shall consider the evidence presented
and shall submit his or her findings in writing within thirty (30)
days of the close of the hearing or sooner. A copy of the Hearing
Officer’s determination shall be filed with the Department of
Public Safety and the Huntington Town Clerk, and served on the applicant
or applicant’s attorney in the same manner as the original notice.
The Hearing Officer’s determination shall be final as to the
Town of Huntington.
[Added 5-10-2016 by L.L.
No. 22-2016]
The failure of the applicant or his attorney to appear and participate
at the administrative hearing shall result in the automatic affirmance
of the denial. The denial shall stand and is final as to the Town
of Huntington. The final order of denial shall be served upon the
applicant or applicant’s attorney in the same manner as the
original notice of denial.
[Added 5-10-2016 by L.L.
No. 22-2016]
Once an application has been denied, no reapplication for a
permit, or a renewal or transfer of a permit, shall be accepted for
filing until the applicant has remedied the conditions that formed
the basis for denial to the satisfaction of the Town.
An application for the issuance of a permit may be denied, including an application for the renewal or transfer of a permit, under the following circumstances. The procedures set forth in § 160-28 and § 160-29 shall be applicable.
(A)
The rental property, or parts thereof, is determined to be unfit
for human habitation or occupancy or a hazard to the public because
of the failure of the owner or occupant to comply with notice(s) or
order(s) issued by the town, or due to a prolonged lack of maintenance
or owner failure; or
(B)
The rental property, or parts thereof, contains unsafe equipment,
wiring, pipes or other conduit or installation, or lacks illumination,
ventilation, sanitation, heat or other facilities adequate to protect
the health and safety of the occupants or the public; or
(C)
The rental property, or parts thereof, is damaged, decayed, dilapidated,
unsanitary, unsafe or infested in such a manner as to create a hazard
to the health and safety of the occupants or the public; or
(D)
The rental property, because of its location, general condition,
state of the premises, number of occupants or other reason, is unsanitary,
unsafe, hazardous, overcrowded or for other reasons is detrimental
to the health and safety of the occupants or the general public in
whole or part; or
(E)
Occupancy of the rental property by the persons using the premises
creates a hazard or public nuisance or other condition which negatively
impacts the use and/or enjoyment of surrounding properties, or threatens
the peace and good order or quality of life in the surrounding community;
or
(F)
The existence of any other condition or circumstance which, in the
opinion of the Town is dangerous, illegal, unsafe or jeopardizes the
health, welfare and safety of the general public or occupants.
[Amended 11-19-2020 by L.L. No. 49-2020]
(G)
Notwithstanding
anything contained herein to the contrary, the Director of Public
Safety, or his designee, as the circumstances warrant and on a case
by case basis, may approve a short extension of time to allow the
property owner to rectify a minor condition or irregularity on the
property prior to denying the application outright, including, as
an example, the installation of working smoke detectors and carbon
monoxide detectors. Nothing contained herein shall authorize the Director
to permit a property owner or person in charge of the property time
to rectify an illegal extension, alteration, conversion, use or other
change made in violation of the Town Code or other applicable law
or rule. In such event, the application shall be denied and a notice
of violation, notice to comply, notice to remedy, and/or summonses
issued.
Any permit issued pursuant to this chapter may be revoked by
the Town, under the following circumstances:
(A)
The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing, including but
not limited to the schematic, or certification by the licensed professional
engineer or registered architect; or
(B)
A rental permit has been issued and the Town either has or is in
the process of suspending or revoking the certificate of occupancy
or letter in lieu for the rental property.
(A)
Pending application. In the event a certificate of occupancy or letter
in lieu for a rental structure is in the process of being suspended
or revoked, then any pending application for a rental permit, or for
the renewal or transfer of a permit, shall be held in abeyance pending
the outcome of such suspension or revocation proceeding, and the application
shall be denied if the certificate of occupancy or letter in lieu
is ultimately suspended or revoked. Any decision to deny an application
for a permit, or a renewal or transfer of same because of the suspension
or revocation of a certificate of occupancy or letter in lieu shall
be final.
(B)
Existing Permit. In cases where a rental permit has already been issued, a notice of the Town's intention to suspend or revoke the certificate of occupancy or letter in lieu may be served simultaneously with a notice of the Town's intention to revoke a rental permit, either in one notice document or two. When a rental permit is proposed for revocation due to the anticipated revocation or suspension of a certificate of occupancy or letter in lieu, the procedure set forth in chapter 87 of the Town Code to suspend or revoke the certificate of occupancy or letter in lieu shall control and apply equally to the proposed revocation of the rental permit, except that any notice of the Town's proposal to revoke the rental permit shall cite this section as a basis for such action. If a revocation or suspension of a certificate of occupancy or letter in lieu has already occurred, and the rental permit has already been issued, either in error or as a result of a false, untrue or misleading statement, the proposed revocation of the rental permit shall follow the procedure set forth in this chapter and notice of the proposed revocation shall cite this section as a basis for the action.
Written notice of the Town's intention to revoke a permit shall
be served by registered or certified mail, return receipt requested,
and by regular mail, to the applicant at the address shown on the
application. If the notice is returned by the Post Office as undeliverable
for any reason, as long as it was properly addressed, service of the
notice shall be valid. Said notice shall state that the applicant
is entitled to be represented by legal counsel at the hearing and
may present the testimony of witnesses and such other evidence in
his or her own behalf as may be deemed relevant or necessary.
(A)
Error or Fraudulent Practices. In the event the permit was issued
in error or as a result of a false or misleading statement, submission
or certification, the notice shall identify the error, omission, false
or misleading statement or submission at issue; the date, time and
place of the administrative hearing to be held before an Administrative
Hearing Officer to revoke the rental permit; and a statement that
upon the applicant's failure to appear for the administrative hearing,
then in such event the rental permit shall be automatically revoked.
(B)
Amendment, modification or withdrawal. The code officer may amend,
modify or withdraw any notice issued if, in his or her judgment, the
circumstances warrant such action provided the amended or modified
notice is served in the same manner as the original notice within
five (5) days of mailing the original notice, and a hearing has not
occurred, except that a notice may be withdrawn in its entirety and
not reissued at any time.
At the administrative hearing the applicant shall be entitled
to be represented by legal counsel and provided with an opportunity
to be heard. He may present the testimony of witnesses, experts and
other evidence in his own behalf as he deems necessary and relevant.
The code officer or other person may appear and give testimony or
submit evidence in support of the proposal to revoke the permit. All
hearings shall be recorded and may be adjourned by the Hearing Officer
upon good cause shown.
(A)
Administrative Hearing Officer. The Hearing Officer shall consider
the evidence presented and shall submit his or her findings in writing
within thirty (30) days of the close of the hearing or sooner. A copy
of the Hearing Officer's report shall be filed with the Department
of Public Safety and Huntington Town Clerk and served on the applicant
or applicant's attorney in the same manner as the original notice.
The Hearing Officer's report shall be final as to the Town of Huntington.
The failure of the applicant or his attorney to appear at the
administrative hearing shall result in the automatic revocation of
the rental permit. The order of revocation shall be mailed to the
applicant or his attorney in the same manner as the original notice.
If a permit is revoked, no application for a new permit will
be accepted for filing until the applicant has remedied the conditions
that formed the basis of the revocation to the satisfaction of the
Town, if applicable. Once remedied, the applicant will have to apply
for a new permit and pay the fee as in the case of an original application.
