[HISTORY: Adopted by the Council of the City of Beacon 8-17-2009 by L.L. No. 11-2009. Amendments noted where applicable.]
Alarms — See Ch. 77.
Unsafe buildings — See Ch. 91.
Vacant buildings — See Ch. 92.
Crime property — See Ch. 94.
Uniform Fire Prevention and Building Code — See Ch. 119.
Housing standards — See Ch. 135.
Zoning — See Ch. 223.
Editor's Note: This chapter also superseded former Ch. 173, Rental Properties Registration, adopted 6-2-2008 by L.L. No. 7-2008.
This chapter shall be entitled, "Chapter 173, Non-Owner-Occupied Registration Requirements."
The City of Beacon finds that there are numerous City residential and commercial properties owned by persons who do not occupy said property. It is important for the effective enforcement of applicable fire and housing codes and to better protect the health and safety of those located in and near non-owner-occupied residential and commercial properties that a current list of such owners be maintained by the City through a registration filing process.
As used in this chapter, these terms shall have the following meanings:
- ACTION or PROCEEDING
- Any action or proceeding which may be instituted in the City Court of the City of Beacon, or any other court of competent jurisdiction, to enforce this chapter.
- Any improved real property, residential, commercial (nonresidential) or mixed use (commercial-residential), located within the City of Beacon, that is non-owner-occupied.
- Any individual or individuals, partnership or corporation or other organization, whether for-profit or otherwise, in whose name title to a building stands, including a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation in control of the property. "Owner" shall include the spouse, sister, brother, parent, grandparent or child of the title holder.
- Any notice, summons or other process issued under any provision of the Code of the City of Beacon or any law or regulation of the State of New York.
- RENTAL PROPERTY
- Any property which is rented, intended for rental, leased,
let or hired out to be occupied for residential, commercial (nonresidential)
or mixed use (commercial - residential) and which is non-owner-occupied.[Amended 5-16-2011 by L.L. No. 6-2011]
Owner-occupied property. For any non-owner-occupied property to be considered owner-occupied, at least one of the owners shall have his or her principal residence at the non-owner-occupied property and reside therein. Upon request of the City of Beacon, any owner who claims to occupy the non-owner-occupied property shall provide an affidavit providing sufficient information to support his or her claim that the premises are owner-occupied.
[Amended 5-16-2011 by L.L. No. 6-2011]
The owner of non-owner-occupied property shall register the property with the Building Department of the City of Beacon within 60 days of the effective date of this chapter, on a form provided by the Building Department of the City of Beacon. This form shall be known as the "Landlord Registration Statement," which shall be signed by the owner under oath.
It shall be a violation of this chapter for an owner to offer any building for rent, or to rent any building, or to allow any building to be occupied other than by an owner without having registered pursuant to this chapter.
Every owner of a non-owner-occupied property, as above defined, shall file with the Building Department of the City of Beacon, within 60 days of the effective date of this chapter, a landlord registration statement, on forms to be provided by the Building Department of the City of Beacon, containing the following:
A description of the premises by street number or block and lot number, including tax identification number.
The owner's name, residential address and mailing address, business telephone number, home telephone number, cell telephone number, fax number and e-mail address, and if such owner is a corporation or other organization, the name and address of such entity and the name and residential and business address, together with the business telephone number, cell phone number, fax number and e-mail address, of the president and of the treasurer of such corporation or organization.
Designation of managing agent.
In the event an owner does not reside within a fifteen-mile radius of the City of Beacon, the owner shall provide the following information to the Building Department of the City of Beacon, with respect to the managing agent:
The name, the residence, business and e-mail addresses and the business and residential telephone and fax numbers of a natural person, 18 years of age or over, who shall reside within a fifteen-mile radius and who shall be designated by such owner as the managing agent responsible for and in control of the maintenance and operation of such non-owner-occupied property and who shall be designated as the person upon whom process may be served on behalf of the owner.
The managing agent or owner shall keep a current record of all tenants, and their names and addresses, who are renting, leasing or living in the premises. There shall be endorsed upon such designation statement a written consent to such designation signed by the 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 himself or herself as such managing agent.
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 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.
Any designation of managing agent made pursuant to this section shall remain in full force and effect until changed or terminated as hereinafter provided.
The owner is required to keep this designation information current, and when there is a change in ownership or managing agent, the owner shall be required to update such information by amending the landlord registration statement and designation accordingly within 15 days from the date of any such change.
Upon submission of the completed landlord registration statement, the Statement shall be reviewed by the Building Department of the City of Beacon within three business days of submission. Should the Building Department of the City of Beacon determine that the statement is incomplete, defective or untrue, the statement shall be rejected and returned to the filer, and the owner shall be deemed not in compliance with this chapter.
The owner of the rental property shall notify the Building Department of the City of Beacon, in writing, whenever the information provided in the landlord registration statement is no longer accurate or complete.
A copy of the landlord registration statement shall be annexed to any non-owner-occupied agreement with a tenant, and the filing and approval of such statement shall be required for the owner to rent any non-owner-occupied unit in the non-owner-occupied property.
If, after filing the landlord registration statement pursuant to this chapter, the owner of such non-owner-occupied property shall have transferred or granted to another his/her right, title or interest therein, such owner shall file with the Building Department of the City of Beacon, within 15 days after such grant or transfer, a written statement, under oath, which shall contain the name and residence, business address, business and home telephone number, cell telephone number, fax number, and e-mail of the grantee, transferee or other successor to the owner or, if such grantee, transferee or successor is a corporation or other organization, the name and address of such entity, including the name of its president and its treasurer, and their addresses, business and residence telephone numbers and cell numbers, as well as, their e-mail addresses and fax numbers. If the owner is unable to secure the foregoing information from the grantee, transferee or purchaser, then the owner shall immediately so notify the Building Department of the City of Beacon, in writing, of such inability.
If, after the filing of any landlord registration statement with the Building Department of the City of Beacon pursuant to this chapter, any change, other than a designation of a different managing agent or different ownership, occurs in any name, residence or any business address set forth in such statement, the owner, within 15 days after such change, shall notify the Building Department of the City of Beacon, in writing, under oath, setting forth the particulars of such change so as to supply the information necessary to correct the last filed landlord registration statement.
An owner may terminate such managing agent designation by filing with the Building Department of the City of Beacon a written statement, under oath, designating a new managing agent made in conformity with the provisions of this chapter.
Any landlord registration statement or designation of managing agent required to be filed with the Building Department of the City of Beacon shall be signed by such owner or, if such owner is a corporation or other organization, by the president or treasurer thereof, under oath.
Any landlord registration statement or designation of managing agent shall be deemed prima facie proof of the truth of the statement or designation in any action or proceeding instituted by the City of Beacon or other agency against an owner or managing agent of a rental property in the City of Beacon.
Any person, upon request, may inspect and copy a landlord registration statement or designation of managing agent form on file with the City's Building Department pursuant to the Freedom of Information Law.
Editor's Note: See Public Officers Law § 85 et seq.
The City of Beacon shall enforce compliance with this chapter by seeking civil penalties, instituting a criminal proceeding, or both.
Criminal proceeding. A summons or appearance ticket for any violation of this chapter may be served on the owner, or in the event that an owner designates a managing agent pursuant to § 173-5A(3), of this chapter, process may be served on the managing agent of the non-owner-occupied property with equal force and effect as if served on the owner.
Notice of noncompliance with this chapter shall be made:
By delivering to, and leaving a copy of a notice of violation of this chapter with, any person or persons violating the provisions of this chapter.
By sending, by registered or certified mail, a notice of violation to the owner or managing agent at the address on file in the landlord registration statement.
By sending, if no such address is on file, a notice of violation to the most current address in the City Assessor's Office, by registered or certified mail, to the owner and managing agent.
If such person or persons cannot be served by any of the aforesaid methods, then such notice or order may be served by posting the same in a conspicuous place upon the non-owner-occupied property where such violation is alleged to exist, or upon the rental property to which such notice may refer, which shall be the equivalent of personal service of said notice upon all parties, including the owner and/or managing agent of the non-owner-occupied property.
By any other method or service authorized pursuant to the New York Civil Practice Law and Rules.
The Building Department of the City of Beacon shall issue such permit after approval of a valid landlord registration statement, which shall be approved or denied within three business days of its submission. Such non-owner-occupied permit shall be valid until such time as the owner or any new owner is required to file a new landlord registration statement.
Any permit issued pursuant to this chapter may be revoked or suspended by the Building Department of the City of Beacon for cause, after notice to the owner and after an opportunity for the owner to be heard by the Building Department, upon a finding by the Building Department that any requirement of this chapter has been violated.
Violations of this chapter constitute an offense within the meaning of the Penal Law of the State of New York, punishable as provided by law. In addition, a violation of any provision of this chapter shall be subject to the following penalties under this chapter:
For the first offense by an owner or managing agent of up to five non-owner-occupied units: a fine of $200;
For the first offense by an owner or managing agent of between six and 10 non-owner-occupied units: a fine of $500;
For the first offense by an owner or managing agent of more than ten non-owner-occupied units: a fine of $750; and
For each subsequent offense in each foregoing unit category of ownership or management: a fine of $400, $1,000, and $1,500, respectively.
Each applicant for a non-owner-occupied permit for a non-owner-occupied property, pursuant to this chapter requiring the filing of a landlord registration statement, shall be charged a non-owner-occupied permit fee, established by resolution of the City Council, payable to the City of Beacon, once every three years.
Nothing in this chapter shall be deemed to preempt the laws of the State of New York for the rental of residential or commercial property or the application of other City of Beacon laws and ordinances and the Code to the premises, including inspection of the premises.