[Adopted as Ch. 95, Rental Property: Absentee Landlords and
Criminal Activity, 9-18-2017 by L.L. No. 5-2017]
A.
The Town of West Seneca hereby finds and declares that the rental
of non-owner-occupied dwelling units constitutes a business which
impacts upon the public health, safety and general welfare of the
residents of the Town of West Seneca. Residential non-owner-occupied
rental properties may become a haven for drug use and various criminal
or disruptive activities that can cause disorder in our community
and affect the quality of life of others in the Town of West Seneca.
B.
The Town Board of the Town of West Seneca desires to minimize and
control the adverse effects caused by illegal and nuisance activities
which may occur at these residential non-owner-occupied rental properties,
thereby protecting the health, safety and welfare of our citizens
and preserving the quality of life, property values and the character
of neighborhoods and businesses.
C.
It is the purpose of this article to implement a registration requirement
for the owners of residential non-owner-occupied rental properties
in order to curb criminal activity and disorder of such non-owner-occupied
rental properties in the Town of West Seneca.
As used in this article, the following terms shall have the
meanings indicated:
Unlawful activity consisting of drug activity, weapons possession,
assault, domestic violence, murder, sexual assault, gang activity
or other activity proscribed by the Penal Law of the State of New
York.
The entry of a plea of guilty to or a verdict of guilty for
one or more counts set forth in an accusatory instrument.
A non-owner-occupied single-family, two-family or multifamily
dwelling which is rented or for rent.
An individual rental unit in a dwelling.
Use or possession of a controlled substance or marihuana
(marijuana), as defined by the New York State Penal Law.
A dwelling which is owned by an owner who does not reside
in the dwelling.
The owner or owners of a dwelling, or a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee or agent.
A report issued by a Town police officer after said officer
has responded to a complaint alleging the occurrence of criminal activity
or a public nuisance.
A building or structure, or any part thereof.
A person or other entity designated by the owner to manage
a dwelling on behalf of the owner.
The following are declared to be public nuisances.
Any premises, building, structure or real property used for
the purposes of prostitution as defined by New York State Penal Law
Article 230.
Any premises, building, structure or real property used for
purposes of indecency, obscene performances and/or promotion of obscene
materials as defined by New York State Penal Law Article 235.
Any premises, building, structure or real property used for
purposes of illegal gambling activity as defined by New York State
Penal Law Article 225.
Any premises, building, structure or real property used for
the purpose of illegal possession, use or sale of a firearm or weapon
as defined by New York State Penal Law Article 265.
Any premises, building, structure or real property used for
the purpose of illegal sale, manufacturing or consumption of alcohol
beverages as defined by the New York State Alcoholic Beverage Control
Law.
Any premises, building, structure or real property wherein there
exists or has occurred a criminal nuisance as defined by the New York
State Penal Law § 240.45 or § 240.46.
Activities affecting the quality of life of residents of the
Town of West Seneca, including violations of the Town's Noise Law,[1] alcohol-related incidents or other violations of the Code
of the Town of West Seneca which are enforced by the Town Police Department.
Any person who rents a dwelling unit from an owner in the
Town of West Seneca. In addition to its ordinary meaning, "renter/lessee/tenant"
shall include an occupant of one or more rooms in a rooming house
or a resident, not including a transient occupant, of one or more
rooms in a hotel who has been in possession for 30 consecutive days
or longer.
The Town of West Seneca.
A.
License required. No person who owns one or more dwelling units in
the Town shall allow a dwelling unit to be occupied or rented to another
for occupancy unless the owner has first obtained a rental housing
business license as hereafter provided.
B.
Exemptions. The provisions of this article shall not apply to hotels,
motels, bed-and-breakfast establishments, rooming houses or boardinghouses,
hospitals, nursing homes, or other dwelling units which offer or provide
medical or nursing services if such units are subject to state or
federal licensing or regulations concerning the safety of the users,
patients or tenants. This article shall not apply to any one-family,
two-family, three-family or four-family dwellings where the owner
of said dwelling resides in one of the dwelling units of said dwelling.
C.
Application for license. Within 30 days after the effective date
of this article, the owner of dwelling units shall make written application
for a rental housing business license to the Town Clerk's office.
Such application shall be on a form furnished by the Town and shall
set forth the following information, in addition to other information
required by the Town from time to time which the Town deems necessary
to administer, enforce and ensure compliance with the provisions of
this article. Failure to provide such information shall be grounds
to deny a rental housing business license:
(1)
Names, addresses (business and residence) and telephone number(s)
(business and residence) of owner;
(2)
If the owner is an association, limited liability company, partnership,
joint tenancy, tenancy in common or tenancy by the entirety, then
the name, address and telephone number of each and every owner, member
or general partner shall be indicated on the application;
(3)
If the owner is a corporation, the principal place of business of
the corporation must be provided, along with the name, title and residence
address of all officers, directors and managing/general agents, which
must be included on the application;
(4)
If the owner has designated an agent or managing company to assist
the owner with the management of the property, then the name, principal
residence address, principal business address and telephone number
of such agent or managing company must be included on the application;
(5)
It shall be the responsibility of the owner to properly register
any change of address, change of agent or change of any other pertinent
information with the Town;
(6)
For purposes of this article, a post office box shall not be accepted
as the owner's business or residence address. Furthermore, the dwelling
intended to be licensed shall not be accepted as the owner's address
unless it is the principal place or residence of the owner;
(7)
For purposes of this article, if the owner does not reside in or
have its place of business in the County of Erie, then the owner must
have a property manager located in the County of Erie. If the owner
does not reside or have a business located in the County of Erie,
then the owner must designate a property manager located in the County
of Erie who can accept service of process.
(8)
The owner shall specify the address to which all notices and invoices
for fees are to be forwarded.
D.
No license application fee. There is no fee for a rental housing
business/landlord license under this article, but any license issued
shall be renewed by the owner every two years.
E.
Issuance or denial of license. After receipt of the owner's application
for a rental housing business license, the Town Clerk and Town Attorney
shall review same to ensure said application contains all of the required
information. If the application is deemed complete, the Town Clerk's
office, within 30 days, shall forward the owner a rental housing business
license. If said application is deemed incomplete, the Town Clerk
or Town Attorney shall notify the owner, and the owner shall have
30 days in which to supply the required information. If the required
information is not supplied by the owner, the application shall be
denied.
F.
Effect of failure to make application or denial of rental housing
business license. If the owner does not submit the rental housing
business license application or fails to supply all of the information
required on the application, the owner shall be subject to a fine
of $500 per owner for each thirty-day period until an acceptable application
is submitted.
G.
Recourse if fine is not paid. If the owner neglects or refuses to pay the fine(s) as stated in Subsection F of this section within 30 days after notification, the Town shall add any such fine(s) onto the owner's property tax bill, and it shall become a lien on the property/dwelling.
H.
Term of license. A rental housing business license issued pursuant
to this article shall be valid for a period of two years after its
issuance, unless sooner revoked pursuant to this article.
I.
Nontransferability of license. A rental housing business license
issued pursuant to this article shall not be transferable to any person
who has acquired ownership of a dwelling. A new owner is required
to file a new application for a rental housing business license within
30 days after acquiring ownership.
A.
In the event that a Town police officer responds to the dwelling
unit for reports of criminal activity or public nuisance activity
on the dwelling unit, finds that said activity was engaged in or facilitated
by the renter, member of the household, guest or other party under
the control of the renter, and issues a police report for same, the
Town Attorney shall forward a notice to the owner or property manager
stating that there was a police report of criminal activity or public
nuisance activity on the dwelling property. The owner or property
manager shall then take appropriate action to notify the tenant to
cease any such activity, or evict said tenant. In the event that there
is a subsequent incident at the same dwelling unit in the same activity
year relating to activity engaged in, or facilitated by the same renter
or a member of his/her household, guest or other party under the control
of said renter, the Town Attorney shall forward by first-class mail
a second notice of criminal activity or public nuisance activity to
the owner or property manager. Subsequent incidents in the same activity
year at the same dwelling unit will be followed by a notice to the
owner or property manager, along with a notice of the imposition of
the following fines:
B.
If the owner or property manager submits information to the Town
Attorney that it is in the process of evicting the tenant in whose
dwelling unit the criminal or public nuisance activity is occurring,
future impositions of fines will cease. In the event that the owner
neglects or refuses to pay the fine(s) as stated in this section within
30 days after notification, the Town shall add such fine(s) onto the
dwelling's property tax bill, and it shall become a lien on the property/dwelling.
C.
For purposes of this article, "activity year" shall mean the period
of time commencing on September 1 of any year and ending on August
31 of the subsequent year.
The owner or property manager of a dwelling under this article
is encouraged to utilize a crime-free/crime prevention lease addendum,
an example of which is annexed to this chapter, to assist the owner
or property manager with the eviction of tenants who continue to conduct
criminal or public nuisance activity in the dwelling unit.
The owner of each dwelling is required to maintain information
concerning all of its tenants, including the number and names of all
occupants and the full address and telephone numbers of all tenants.
In the event of criminal or public nuisance activity on the property,
the owner or property manager shall cooperate with the Town Police
Department by providing this information to the Town Police Department
if so requested.
Any owner or property manager who is notified of a fine under
this article shall have the right to appeal the imposition of said
fine to the Town Board of the Town of West Seneca. A written request
for an appeal shall be made by the owner or property manager within
30 days after the date of the communication notifying the owner or
property manager of the fine. The Town Board shall schedule a hearing
within 30 days after receipt of said request for appeal. The owner
or property manager shall appear at the hearing in person and shall
have the right to representation by a person of his or her choice.
The owner, property manager or his/her representative shall provide
sworn testimony at said hearing. An appeal to the Town Board will
stay the imposition of the fine until it renders its decision. The
Town Board shall thereafter issue its written decision to uphold the
fine or rescind the fine.
A special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of illegal drug activity or a public nuisance as defined in § 95-2.
The procedures applicable to summary proceedings to recover
possession of real property under state law shall be applicable to
any proceeding brought under this chapter.
A.
The following persons, corporations and agencies may serve personally
upon the owner or landlord, or upon his agent, of demised real property
used or occupied, in whole or in part, for the use or possession of
illegal drugs or the existence of a public nuisance, a written notice
requiring the owner or landlord to make an application for the removal
of the person(s) so using or occupying the premises:
(1)
Any domestic corporation organized for the suppression of vice, subject
to, or which submits visitation by, the New York State Department
of Social Services or the Erie County Department of Social Services,
and possess a certificate from such department of such fact and of
such conformity with regulations of the department.
(2)
Any duly authorized enforcement agency of New York State, or a subdivision
thereof, and/or the Town of West Seneca, under a duty to enforce the
provisions of the Penal Law or of any state or local law, ordinance,
code, rule or regulation relating to buildings.
B.
If the owner or landlord, or his agent, does not make such application within five days thereafter, or, having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or the landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to the one theretofore brought by him and not prosecuted diligently and in good faith. Proof of illegal drug activity or a public nuisance at the demised premises or by the occupants thereof, or of those resorting thereto, shall constitute evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Notwithstanding the provisions of §§ 95-11 and 95-12 of this chapter, multiple instances of illegal drug activity or a public nuisance are not required to commence an eviction proceeding under this chapter. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding under this chapter.
Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Article 220 or 221 of the Penal Law or any of the offenses set forth as a public nuisance in § 95-2 arising out of conduct engaged in the same real property consisting of a dwelling as that term is defined in § 4 of the New York State Multiple Dwelling Law, shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs or of the existence of a public nuisance and of the tenant's knowledge thereof.
Two or more incidents of the following activities at any building,
structure or real property within a one-year period prior to the commencement
of a civil action by notice of such action as provided within this
chapter shall be prima facie evidence of the existence of illegal
drug activity or a public nuisance.
A.
Service of an accusatory instrument charging any of the offenses
defined in Article 220 and 221 of the New York State Penal Law occurring
upon the property. For the purposes of this section, an accusatory
instrument shall include, but not be limited to, any criminal information,
misdemeanor and/or felony complaint filed in a court of competent
jurisdiction.
B.
Service of a search warrant on the building, structure or real property
where controlled substances, marihuana (marijuana), drug paraphernalia
and/or weapons are seized.
C.
Recovery of illegal controlled substances, drug paraphernalia or
illegal firearms or weapons on the building, structure or real property.
D.
Investigative purchases of illegal controlled substances on the building,
structure or real property by law enforcement agencies or their agents.
A court granting a petition pursuant to this article may, in
addition to any other order provided by law, make an order imposing
and requiring the payment by the respondent of a civil penalty not
exceeding $5,000 to the Town of West Seneca, in which the subject
premises is located, and the payment of reasonable attorneys' fees
and the cost of the proceeding to the petitioner. In any such case,
multiple respondents shall be jointly and severally liable for any
payment so ordered, and the amounts of such payments constitute a
lien upon the subject real property.
