[HISTORY: Adopted by the Board of Trustees of the Village
of Airmont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-7-1992 by L.L. No. 19-1992, amended in its entirety 3-21-2016 by L.L. No. 5-2016]
A.
This article shall be known as the "Residential Rental Registry Law
of the Village of Airmont."
B.
The Village Board of the Village of Airmont recognizes that the rental
of dwelling units constitutes a business which impacts upon the public
health, safety and general welfare of the people of the Village of
Airmont. The state and local framework for regulation of multifamily
or multiple-dwelling buildings is in many and various respects not
applicable to one- and two-family dwellings which are offered and
utilized as non-owner-occupied residential rental dwelling units.
The intent of this article is to create a registry relating to the
offering for rental of dwelling units in one- and two-family residential
buildings, so as to facilitate the enforcement of New York Building
and Fire Codes as well as the Village of Airmont Code in relation
thereto in order to protect the public health, safety and welfare
of the people of the Village of Airmont and to achieve the following
beneficial purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons occupying dwellings; and
(3)
The preservation of the value of land and buildings throughout the
Village.
For use in this article only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A parent, child, or sibling.
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
SINGLE-FAMILY RESIDENCESFor any rental property to be considered owner-occupied, the owner must prove that all individual title owners (including immediate family members) or all owners, partners, or shareholders of a corporation or other legally organized entity, actually have their principal residence at the rental property and reside therein on a full-time basis, it being the actual domicile of all individual owners, all partners, or all shareholders.
TWO-FAMILY RESIDENCESThe primary residential living unit of the owner is located within the rental property.
At the request of the Village of Airmont, any owner who claims
to occupy the rental property shall provide a sworn affidavit providing
the necessary information to support his or her claim that the premises
are owner-occupied.
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental unit, rental property or complex
used by the tenants and the public.
Any house, structure, building or complex which contains
a residential rental unit other than owner-occupied houses, structures
or buildings.
Includes that portion of a house, building or structure rented
or offered for rent, for living and dwelling purposes to an individual
or family units.
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
A.
Every owner of a one-family dwelling unit or a two-family dwelling
unit in the Village of Airmont, as defined in this article, who is
engaged in rental occupancy of such premises shall register within
90 days of the effective date of this article on a form approved by
the Village of Airmont.
B.
It shall be unlawful and a violation of this article for any person
or entity who owns or operates a dwelling unit within the Village
of Airmont to maintain, use, lease, rent or suffer or permit occupancy
as a rental occupancy after the effective date of this article without
having registered said dwelling with the Building Department, except
as provided herein.
C.
For the purposes of this article "rent" shall mean a return to the
owner or lessor of money, property or other valuable consideration
for use or occupancy of a dwelling unit.
D.
This article shall not apply to hotels and motels when operating
for their intended purpose within the meaning of state law and local
zoning laws; hospitals, congregate care housing for seniors, assisted
living for seniors, nursing homes and similar living arrangements;
apartment houses, registered multiple dwellings, garden apartments,
public housing owned and operated by governmental agencies; registered
boardinghouses and registered rooming houses.
A.
This article shall not be construed to require the registration of
any residential rental premises in the Village of Airmont so long
as the owner of record maintains a bona fide occupancy of a dwelling
unit on such premises.
B.
The occupancy of a room or rooms by an owner of record without self-contained
living, cooking, sleeping and sanitary facilities shall not constitute
sufficient bona fide occupancy to qualify for the exemption in this
section.
C.
In no case may more than one residential rental premises qualify
for the exemption in this section by any one owner of record.
D.
Unless owner-occupied, a corporation or any other organized legal
entity shall not be eligible for an exemption under this article.
A.
It shall be the responsibility of the owner of each residential rental
premises which is subject to the provisions of this article to timely
file a registry application form with the Building Department for
each premises, which form shall require the following information:
(1)
The name, address and telephone number and e-mail address of the
owner of record of the residential rental premises intended for rental
occupancy.
(2)
The street address and Tax Map description of the premises containing
the dwelling unit(s).
(3)
A description and location of the premises, including number of rooms,
exits and stories, bathrooms and kitchens, and a sketch of each floor
layout with dimensions, as well as lot size, drawn to scale.
(4)
Designation of an agent for notification and service of process where
required by this article.
(5)
A statement of the owner attesting to the truth of matters asserted
in the application and that to the best of the owner's knowledge
no violations of Village, town, or state laws exist on the premises
being registered.
(6)
Such additional information as the Building Department or the Board
of Trustees deems appropriate to the carrying out of the requirements
and intent of this article.
B.
The application shall be reviewed by the Building Department or its
designee for adequacy. Should the Building Department determine that
said application is incomplete, defective or untruthful for any reason,
said application shall be marked "rejected" and returned to the filer.
A rejected application shall not be deemed to comply with the filing
provisions of this article.
C.
It shall be the responsibility of each owner to timely notify the
Building Department whenever the information provided in the registry
application has become outdated or for any reason is no longer accurate.
D.
Every approved application shall be valid for two years and shall
be given a registry number by the Building Department which shall
be valid for two years from the date of issuance. A copy of the approved
application with the approval stamp of the Building Department, in
original ink, issued to the property owner after satisfactory inspection
of residential occupancy, shall be necessary to lawfully rent any
residential premises in the Village of Airmont.
E.
The Board of Trustees shall set the application and/or inspection
fee by resolution which may be amended from time to time.
A.
Every owner who rents a residential rental premises which is subject
to the provisions of this article and who does not maintain a bona
fide residence in the County of Rockland, shall designate an agent
who maintains a bona fide residence in the County of Rockland. Such
designation shall be indicated in the space provided by the owner
on the registry application form as provided herein.
B.
A designated agent of an owner may be served with a notice of violation
or order of violation or an appearance ticket or other service of
process, whether criminal or civil, pursuant to and subject to the
provisions of law, as if actually served upon the owner.
C.
No owner who designates an agent pursuant to the provisions of this
article may assert the defense of lack of notice or lack of in-person
jurisdiction based solely upon the service of process upon his designated
agent.
A.
The Building Inspector or his authorized agent shall make provisions for the biennial inspection of each residential rental premises which is subject to the provisions of this article and shall notify each owner/landlord of each rental premises as to the time and place of such inspection. The inspection shall be for the purposes of determining compliance with Chapter 150 of the Village Code and other applicable laws and shall expressly include in each instance the determination of the presence of functioning and proper placement of smoke and carbon monoxide detectors as well as fire extinguishers pursuant to the provisions of state law and this Code.
B.
Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation of this article of the Village Code shall be remedied by the owner within 10 days of the issuance of such report. Failure to bring any dwelling into conformance with such report within 10 days of the issuance of such report shall constitute a violation of this article.
At the request of the Inspecting Officer, the Village Attorney
is authorized to make application to the Village of Airmont Court
or any other court of competent jurisdiction for the issuance of a
search warrant, to be executed by a police officer, in order to conduct
an inspection of any premises believed to be subject to the registry
jurisdiction of this article. The Inspecting Officer may seek a search
warrant whenever the owner or occupant fails to allow inspection of
any rental dwelling unit where there is reasonable cause to believe
that a violation of this article or a violation of the New York Uniform
Fire Prevention and Building Code or of any code of the Village of
Airmont has occurred after due notice has been sent by ordinary United
States mail. The application for a search warrant shall in all respects
comply with applicable laws of the State of New York.
Nothing in this article shall prevent any member of the public,
prospective tenant or any resident of the Village of Airmont from
determining whether any particular rental property has been registered
pursuant to this article. The general public shall have full access
to said landlord registration statements upon filing of the proper
Freedom of Information Act application.
A.
Any person or entity that shall violate any of the provisions of
this article or who fails to comply with any of the requirements thereof
shall be guilty of a violation, punishable by:
(1)
A fine of not less than $500 and not exceeding $1,000 or by imprisonment
for a period not to exceed 15 days, or both, upon conviction of a
first offense.
(2)
A fine of not less than $1,000 nor more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of the
second of two offenses, both of which were committed within a period
of five years.
(3)
A fine of not less than $3,000 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of the
third of three offenses, all of which were committed within a period
of five years.
B.
Each week a violation continues shall be deemed a separate offense
subjecting the offender to additional weekly fines in the amount equaling
the original fine.
C.
The Board of Trustees may amend the penalties by resolution.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, then the property covered by this article will be assessed
for the unpaid penalties and shall be collected in the same manner
and time as Village taxes.
