A.
The owner of a property constituting a rental property
shall register the same with the Building Inspector within 60 days
of the effective date of this chapter on a form approved by the Building
Inspector. This form shall be known as a "landlord registration statement,"
which shall be signed by the owner under oath.
B.
It shall be unlawful for any owner to offer any unit
for rent, or to rent any unit, or to allow any rental unit to be occupied
without having first registered pursuant to this chapter as required
herein within the time prescribed for such registration. Failure to
receive notice of the registration deadline will not excuse failure
to register rental property. It is the owner's responsibility to fulfill
the requirements of this chapter.
A.
Every owner of a rental property as above defined
shall file with the Building Inspector, within 60 days after the adoption
of this chapter, a landlord registration statement on forms to be
supplied by the Building Inspector, containing the following:
(1)
A description of the premises by street number or
block and lot number, including tax identification number. The statement
shall provide information concerning the rental property, including
but not limited to the following: a) the number of bedrooms; b) the
current tenants and the number of occupants; c) whether a current
rental certificate has been obtained; d) whether the rental is by
written lease; e) liability and property damage insurance; including
the name and policy number of any insurance policy; and f) such other
and further information as in the opinion of the Building Inspector,
Fire Chief and Police Chief, and Corporation Counsel is necessary
to protect the interests of the City, the owner, and/or any occupant
of the rental property. The Corporation Counsel shall have the authority
to require each property owner registration statement to include a
copy of the current declaration page for any insurance required by
this section to be disclosed. At the request of a registering property
owner, insurance information shall be considered proprietary and shall
not be disclosed to the public pursuant to the Freedom of Information
Law until the owner is given notice of the request and an opportunity
to object.
[Amended 3-10-2008 by L.L. No. 2-2008]
(2)
The owner's name, residential address, and mailing
address, together with his/her business telephone number, home phone
number, and fax number, or, if such owner is a corporation, the name
and address of such corporation and the name, residence, business
address, together with the residence, business telephone numbers,
and fax numbers of at least two officers or principals responsible
for management of the premises.
(3)
Designation of managing agent. In the event the owner
does not reside in Schenectady County, the owner must designate a
managing agent. If a managing agent is required, then the owner shall
provide the following information to the Building Inspector and Office
of Code Enforcement: the name, residence, and business address and
residence, business and telephone and fax numbers of a natural person,
18 years of age or over, who actually resides within the County of
Schenectady, New York, and who shall be designated by such owner as
a managing agent responsible for and in control of the maintenance
and operation of such dwelling, and who shall be designated as the
person upon whom process may be served on behalf of the owner. The
managing agent and/or owner shall keep a current record of all the
tenants, and their names and addresses, who are renting, leasing or
living in the premises. There shall be endorsed upon such statements
a written consent to such designation signed by such managing agent.
An owner who is a natural person and who meets the requirements of
this subsection as to the location of the residence or place of transacting
business of a managing agent may designate him/herself as such managing
agent.
(4)
The owner shall be obligated, at all times, to keep
this information updated, and when there is a change in ownership
or a change in the managing agent, the owner shall be obligated to
update the information by amending the landlord registration statement
within 15 days from the date of any such change.
(5)
Nothing contained in this section shall be construed
as preventing a corporation which is an owner of real property from
designating as its managing agent with respect thereto any officer
of such corporation who meets the requirements of this subsection
as to location of the residence or the place of transacting business
of the managing agent.
(6)
Any designation as managing agent made pursuant to
the provisions of this section shall remain in full force and effect
until changed or terminated as hereinafter provided.
B.
Upon completion and execution and submission of the
landlord registration statement as aforesaid, said registration shall
be reviewed by the Building Inspector or its designee for adequacy.
Should the Building Inspector and/or its designee 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 compliant with the requirements
of this chapter.
C.
It shall be the responsibility of each owner to timely
notify the Building Inspector whenever the information provided in
the landlord registration statement has become outdated or for any
reason is no longer accurate.
D.
A copy of the approved application shall be required
and shall be a condition precedent before the owner shall be entitled
to rent any unit contained in the rental property.
E.
In the event that the owner of the rental property
or mixed use property does not reside in the County of Schenectady,
the owner shall be required to hire a managing agent.
F.
Where, after filing of any landlord registration statement
in relation to any rental property under the applicable provisions
of this chapter, the owner of such property shall have granted or
transferred his/her right, title or interest therein or in any part
thereof, the new owner shall file with the Building Inspector within
15 days after such grant or transfer a written statement which, under
oath, shall contain the name and residence, business addresses, business
and home telephone, and fax number of the new owner, transferee or
other successor of such right, title or interest, or if such grantee,
transferee or successor is a corporation, the name and address of
such corporation, including the names of all officers, and the addresses,
business and residence phone and fax numbers of at least two officers
or principals responsible for management of the premises.
G.
Where, after the filing of any landlord registration
statement with the Building Inspector pursuant to the applicable provisions
of this chapter, any change other than a designation of a different
managing agent or a change of ownership or interest occurs in any
name, residence or any business address of a list of officers required
to be included in such statement, the owner, within 15 days after
such change, shall file in duplicate, on forms to be furnished by
the Building Inspector, a statement under oath setting forth the particulars
of such change so as to supply the information necessary to make currently
correct the last landlord registration statement filed pursuant to
the applicable provisions of this section.
H.
Any designation of the managing agent made pursuant
to the applicable provisions of this section shall cease to be effective
if such agent shall die or be judicially declared incompetent.
I.
An owner may terminate such designation by filing
with the Building Inspector a sworn written statement designating
a new managing agent made in conformity with the provisions hereinabove
cited.
J.
Any landlord registration statement or designation
of a managing agent required to be filed with the Building Inspector
by any owner of a rental property under the provisions of this section
shall be signed by such owner, or if such owner is a corporation,
by an officer thereof, or if such owner is a partnership, by a partner
thereof, and said statements must be sworn to under the penalties
of perjury.
K.
Any such landlord registration statement or designation
of a managing agent shall be deemed prima facie proof of the statement
therein contained, in any criminal or civil prosecution instituted
by the City of Schenectady or by any proper prosecutorial agency against
the owner or managing agent of a rental property.
