[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 1-27-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Fire prevention — See Ch. 87.
Zoning — See Ch. 164.
[1]
Editor's Note: This local law also repealed
former Ch. 127, Rental Properties, adopted 12-10-1994 by L.L. No.
5-1994, as amended.
A.
Chapter 164, Zoning, of the Code of the Village of Ocean Beach provides for residence housing, including single-family, two-family and condominium residence and accessory uses in conformance with the General Management Plan of the Fire Island National Seashore.
B.
This Board finds that in recent years an unhealthy, unsafe and dangerous practice has come about in connection with the rental and leases of single-family, two-family and condominium residence dwellings. Known as "group rentals," premises are often sublet to uncontrollable or indeterminate numbers of people. This Board finds that overcrowding of these residence dwellings is hazardous, unsafe, unsanitary, interferes with the interest of the public in the quality of life and total community environment and is not in conformance with acceptable building codes, fire laws, occupancy standards and Chapter 164, Zoning, and is detrimental to the health, safety and general welfare of the inhabitants of the Village of Ocean Beach and hereby enacts this chapter to secure the public health, safety and welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
A person who has attained the age of 18 years.
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied or that are occupied for living purposes.
A dwelling which is either rented, leased, let or hired out
to be occupied or is occupied as a dwelling unit, residence or home
of three or more families living independently of each other.
A detached building or a condominium unit, as defined in
the New York Real Property Law, Article 9-B, designed for the exclusive
occupancy of one family doing its own cooking.
A detached building or a condominium unit, as defined in
the New York Real Property Law, Article 9-B, designed for the exclusive
occupancy of two families, each doing its own cooking.
A building or part of a building where the unit consists
of one or more rooms with provisions for cooking, living, sanitary
and sleeping facilities designed exclusively for residential use and
arranged or intended to be occupied by one individual household or
family living independently of other individual households or families.
One or more persons related by blood, adoption
or marriage living and cooking together as a single housekeeping unit,
exclusive of household servants; or
One or more persons living and cooking together
as a single, permanent, nonprofit housekeeping unit and being the
functional and factual equivalent of a traditional family, whether
related by blood, adoption or marriage or not, shall be deemed to
constitute a "family;" or
A group of unrelated persons, limited in number
to two persons per sleeping room of their dwelling, living and cooking
together in a nonprofit housekeeping unit, whether or not their relationship
constitutes the functional or factual equivalent of a "family" or
whether such relationship is permanent or seasonal in nature.
A return in money, property or other valuable consideration
(including payment in kind or for services or other thing of value)
for the use and occupancy or the right to the 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.
[Added 3-13-2010 by L.L. No. 1-2010]
An agreement, which is either oral or written, whereby a
dwelling unit is leased, used or occupied by a family for which compensation
is paid, directly or indirectly.
The grant of authority or permission to a person or persons
to reside overnight in a single-family, two-family or condominium
dwelling in any room, rooms or portion thereof.
An adult who leases, uses or occupies a dwelling unit.
A rental where the duration of the occupancy is less than
seven consecutive days.
The purpose for which land or a building or structure is
designed, arranged or intended or for which it is or may be occupied
or maintained. The term "use" shall include any actions of any owner,
operator, tenant or subtenant and/or realtor.
A.
No dwelling unit shall be leased or rented except
as provided herein in this chapter.
B.
No dwelling unit shall be leased or rented, except
to a family as defined in this chapter.
C.
No dwelling unit shall be leased unless the lease
and the premises thereof fully conform to all of the provisions of
this Code and the laws of the State of New York.
D.
No rental shall be leased, occupied, or used by any tenant who is not listed as such on the rental application pursuant to § 127-4 of this chapter. Where there is a change in the individual tenants who will be leasing, occupying, or using the dwelling unit, the rental application shall be amended to indicate the name of the new tenant before the new tenant may occupy the dwelling unit. There shall be a filing fee for each application change as determined by the Board of Trustees,
E.
Transient rentals of dwelling units are prohibited.
F.
The selling of shares to tenants where they obtain
the rights of use and occupancy in a dwelling unit on a transient
basis shall be prohibited. The rent or compensation paid for a rental
shall not be shared by more than the permitted number of tenants.
G.
The leasing, use or occupancy by a tenant of less
than the entire dwelling unit is prohibited.
H.
Subleasing by a tenant without the written approval
of the owner of the dwelling unit and the Village of Ocean Beach shall
be prohibited.
[Amended 3-13-2010 by L.L. No. 1-2010]
A.
It shall be unlawful to use, occupy, commercially advertise for rent,
establish, maintain, operate or let a dwelling unit entirely or for
partial occupancy where any rent is paid or charge is made for such
use or occupancy in the Village of Ocean Beach without first having
obtained a permit therefor. Failure or refusal to procure a permit
hereunder shall be deemed a violation.
B.
Prior to occupancy by any tenant, the owner or his designee shall
file, on a form provided, names, addresses and telephone numbers for
all tenants and realtor, if any.
C.
Each application shall be accompanied by a certificate of occupancy
or compliance or a special permit as may be required and by a plot
plan or sketch showing the approximate size and location of all buildings
and structures and the floor plan of each dwelling unit and accommodation.
Each application shall include a sworn affidavit signed by the applicant(s)
attesting that they are familiar with and shall remain in compliance
with all aspects of the Village Code (including this chapter) and
that each dwelling unit has a working fire extinguisher and smoke
detectors.
D.
Terms of permits. All permits shall be valid for the calendar year
in which they are issued.
E.
Fee. The fee for each rental permit shall be determined by the Board
of Trustees from time to time by a duly adopted resolution.
[Amended 3-13-2010 by L.L. No. 1-2010]
A.
Any person who violates the provisions of this chapter shall, upon
conviction, be guilty of a violation pursuant to the Penal Law of
the State of New York, punishable by a fine not less than $250 nor
exceeding $3,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. Each day of such violation
shall constitute a separate offense.
[Amended 7-13-2019 by L.L. No. 03-2019]
B.
In addition to all other remedies available to the Village, the Village
Attorney, at the request of the Mayor or Village Administrator, is
authorized to bring and maintain a civil proceeding in the name of
the Village in Supreme Court to restrain and enjoin the rental or
subrental of a single-family residence dwelling in violation of this
chapter.
C.
Public nuisance.
(1)
Upon issuance of a summons for a violation of any provisions of the
Code of the Village of Ocean Beach against an owner, operator, tenant,
subtenant and/or occupant of a rental property, the Police Department
shall forward a copy of said summons to the owner(s) of the property
for informational purposes only. Failure to forward a copy of the
summons shall not invalidate the summons, nor shall it serve as an
affirmative defense in a rental permit revocation hearing.
(2)
Two or more convictions for violation of any provision of the Code
of the Village of Ocean Beach against an owner, operator, tenant,
subtenant and/or occupant of the same rental property within one calendar
year during the tenure of ownership by the same record owner or owners
thereof shall constitute a public nuisance. A "conviction" is as defined
in § 1.20, Subdivision 13, of the Criminal Procedure Law,
and two or more such convictions shall be presumptive evidence that
the leased residence is a public nuisance.
(3)
The owner and/or sublessor of a premises that constitutes a public
nuisance shall be presumed to be conducting, maintaining and permitting
a public nuisance under this chapter, provided that notice of such
conviction has been sent to or provided such owner or sublessor.
(4)
A rental permit issued pursuant to the provisions of this chapter
shall be revoked by the Village after a duly noticed hearing and upon
the findings and determination by the Village Board of Trustees that
a rental property is a public nuisance, as defined in this chapter.
In addition, no rental permit shall be issued or granted for a dwelling
the calendar year following such a revocation. The revocation of a
rental permit by the Village Board of Trustees shall be subject to
review only by an appropriate Article 78[1] proceeding initiated in New York State Supreme Court,
County of Suffolk.
[1]
Editor's Note: Article 78 of the New York Civil Practice
Law and Rules.
(5)
In the event that a permit application is denied by the Village,
an applicant may appeal such denial by filing a demand for a hearing
before the Village Board of Trustees. Such demand for a hearing must
be made in writing and received by the Village within 15 calendar
days of the denial of the permit. Such demand for a hearing must include
a statement of the basis for the appeal and copies of any documentation
the applicant wishes the Board of Trustees to consider. Upon receipt
of a demand for a hearing, the Village shall schedule the hearing
as soon as practicable. After a duly noticed hearing, the Board of
Trustees shall issue findings and a determination with respect to
the appeal. Such determination shall be to grant the permit, grant
the permit with reasonable conditions or to uphold the denial of the
permit. The action of the Board of Trustees with respect to such appeal
shall be subject to review only by an appropriate Article 78 proceeding
initiated in New York State Supreme Court, County of Suffolk.
(6)
Upon conviction for violation of any provision of the Code of the
Village of Ocean Beach against an owner, operator, tenant, subtenant
and/or occupant of a rental property, the Court Clerk shall forward
a copy of said conviction to the owner(s) of the property, along with
a copy of this chapter of the Code.
