[Adopted 2-20-1996[1] (Ch. 14 of the 1971 Code)]
[1]
Editor's Note: This ordinance also superseded original Ch. 14, Rooming and Lodging Units, adopted 7-12-1993.
[Amended 9-26-2005]
The Common Council has determined that there exist in the City of Middletown serious conditions, including but not limited to Housing and Sanitary Code violations and increased criminal activity, arising from rental of rooms in boardinghouses, and apartments in multiple dwellings and two-family dwelling units, as defined within this article, and under an arrangement whereby the occupant or occupants pay rent for such occupancy and use.
A.
Scope. This article shall apply to all rental boardinghouses, rooming houses, lodging houses, and multiple dwellings and two-family dwelling units, as defined, located within the City, except that this article shall not apply to two-family dwellings in which the owner of the plot upon which the two-family dwelling is situated lives on premises.
[Amended 9-26-2005]
B.
Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the City, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this article and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.
As used in this article, the following terms shall have the meanings indicated:
Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, and used for single room occupancy.
Any dwelling that provides sleeping accommodations in three or more individual rooms on either a transient or permanent basis, without cooking and toilet facilities, as defined below, for each individual occupant or family, however, excepting those locations as defined in the New York State Uniform Fire Prevention and Building Code as an adult residential care facility.
A kitchen sink, stove/oven combination and refrigerator.
A dwelling or group of dwellings on one plot containing separate living units for three or more families but which may have joint services or facilities, or both. Does not include condominiums.
A lavatory, water closet and tub and/or shower.
A detached building on one plot designed for or occupied exclusively by two families living independently of each other. Does not include condominiums.
[Added 9-26-2005]
[Amended 9-26-2005]
All boardinghouses, rooming houses, lodging houses, multiple dwellings and two-family dwellings in the City must have a permit issued by the Department of Public Works.
[Amended 9-26-2005]
A.
Application for a rental occupancy permit for a boardinghouse, rooming house, lodging house, multiple dwelling and two-family dwelling shall be made in writing to the Department of Public Works on a form provided by the Department for the purpose.
B.
Such application shall be filed in duplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling.
(2)
The street address and tax map description (section, block, lot or lots) of the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling.
(3)
The number of rooms in the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling and in each proposed rental unit therein, the dimensions of each room and a description of the present use or uses thereof, if any.
(4)
A description of each rental unit intended to be established, used or occupied for rental occupancy in the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling, including the number of rental units, and the number of persons intended to be accommodated by and to reside in each such rental unit.
(5)
The name, address and telephone number of the managing agent or operator of each boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling who is authorized to act on behalf of the owner, who is further authorized to provide immediate access to the entire building, who is designated to be responsible for maintaining this property in compliance with all state and City codes, and who is further designated to accept service of process in any proceeding related to this property. The Commissioner of Public Works shall be notified within 10 working days of any change in this information. Such managing agent or operator must be one of the following:
(a)
The owner of the property, provided the owner lives in the City of Middletown or within a ten-mile radius of the City; or
(b)
A responsible person over the age of 21 who lives in the City of Middletown or within a ten-mile radius of the City; or
(c)
A responsible person over the age of 21 who resides on site in the subject premises.
(6)
The name and address of the insurance company, if any, providing the fire and other hazard and public liability insurance for the owner of the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling, with a description of the type of insurance provided, policy limits for each coverage and the policy number and expiration date of such policy.
C.
Such application shall be signed by the owner of the boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling and the statements of such owners therein contained shall be verified under oath.
[Amended 12-27-2005]
A.
Permit application fee. A nonrefundable permit application fee of $100 per building, plus $10 per unit, shall be paid upon filing an application for a permit.
B.
Permit renewal fee. A nonrefundable permit renewal fee of $100 per building, plus $10 per unit, shall be paid upon filing an application for renewal.
C.
Reinspection fees. If three or more inspections are necessary with respect to the granting or renewal of a rental permit due to the failure of the property owner to appear for or correct violations after two scheduled inspections, a fee of $50 shall be assessed against such owner for a third inspection, and a fee of $100 shall be assessed against such owner for a fourth inspection and for each of any further inspections necessary for the subject application. No inspection shall qualify for a violation of this subsection unless reasonable written notice of the date and time of such inspection was sent to the owner via letter or email by the Department of Public Works prior to the inspection.
[Added 5-2-2023]
[Amended 9-26-2005]
The Commissioner of Public Works or his designee shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling. If satisfied that the proposed rental unit or units, as well as the premises in which the same are located, comply fully with all applicable laws, rules and regulations of the state, county and City, including local laws and ordinances, and that such rental unit or units would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining or nearby properties, the Commissioner of Public Works or his designee shall issue the permit or permits applied for.
[Amended 8-14-2000]
B.
Renewal.
(1)
A renewal application must be submitted no later than 30 days prior to the expiration of the existing permit. A renewal application must contain the same information required for the initial application by § 296-15 of this article, must be accompanied by the fee required in § 296-16 of this article, and must be submitted to the Commissioner of Public Works.
(2)
Renewal applications shall be reviewed by the Commissioner of Public Works in accordance with the criteria contained in this article, If a decision is made not to renew, the applicant shall be notified of the reason(s) therefor by written notice from the Commissioner mailed to the applicant by regular and by certified mail, return receipt requested. An applicant has 10 working days from the date of such written notice to request a hearing before a special committee of the Common Council as hereinafter provided. All requests for hearings must be in writing, directed to the Clerk of the Common Council, and accompanied by a fee of $100. If the applicant requests such a hearing, the applicant shall be issued a temporary permit by the Commissioner of Public Works which shall expire 60 days after the final decision of the special committee of the Common Council.
(3)
Upon a request for a hearing, the President of the Common Council shall designate a special committee to consist of the President of the Common Council and one Alderperson from each ward. The President shall act as presiding officer at the hearing. The hearing shall be conducted within 30 days after receipt of the request therefor. The hearing shall be public, and the applicant may be represented by counsel and shall be able to call witnesses in his or her behalf. The special committee in its discretion may rescind the decision not to renew the permit for good cause shown. The special committee shall issue a written decision within 20 days after the hearing, and the Clerk of the Common Council shall provide the applicant with a copy of this decision within five business days after its issuance.
[Amended 8-14-2000]
A.
Register of permits. It shall be the duty of the Commissioner of Public Works or his designee to maintain a register of permits issued pursuant to this article. Such register shall be kept by street address, showing the name and address of the permittee, the number of rental units at such street address, the number of rooms in each such rental unit and the date of expiration of the permit for such unit. Such registry shall be kept available for public inspection during regular business hours at the office of the Commissioner of Public Works.
B.
Register of certain convictions.
(1)
It shall be the duty of the Middletown Police Department to maintain and update on a monthly basis a register of:
(a)
All persons convicted of any crime as defined in Article 220, 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York committed within the City of Middletown; and
(b)
All persons convicted of any felony as defined in Article 220, 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York committed within Orange County.
(2)
Such register shall contain the name of the person convicted, the address of the person convicted at the time of the commission of the crime if such crime was committed in the City of Middletown, the date of conviction and the crime.
C.
Register of all convictions.
(1)
It shall be the duty of the Middletown Police Department to maintain and update on a monthly basis a register of:
(2)
Such register shall contain the name of the person convicted, the address of the person convicted at the time of the commission of the crime if such crime was committed in the City of Middletown, the date of conviction and the crime.
D.
The registers provided for in Subsections B and C of this section shall be kept available for inspection by the public and Chapter 14 permit holders during regular business hours at the office of the Commissioner of Public Works. Monthly updates of each of these registers shall be made available for inspection at the office of the Commissioner of Public Works no later than the fifth business day of each month.
A.
On-site parking. The boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling shall provide a minimum of one on-site parking space for the structure in which the rental units are to be located and one additional on-site parking space for each proposed rental unit therein. Such parking spaces shall be paved with asphalt, concrete or other similar materials. The applicant for a rental unit permit shall be excused from complying with the requirement to provide such minimum number of on-site parking spaces to the extent that compliance therewith shall not be possible due to the size, configuration, topography or structure coverage of the plot on which such buildings or structure is located. However, where partial compliance with such on-site parking requirements shall be possible, the applicant shall make such partial compliance with such on-site parking requirements as is possible, given the size, configuration, topography or structure coverage of the plot. The provisions of such on-site parking shall not be required in the case of an existing building or structure used as a boardinghouse, lodging house and rooming house, multiple dwelling or two-family dwelling as defined herein, on the date this article was enacted.
[Amended 9-26-2005]
B.
Any enlargement of an existing boardinghouse, rooming house, lodging house or multiple dwelling shall require a full review under this article.
C.
No rental permit shall be issued for a rental unit consisting of one room only unless such room shall provide a minimum clear floor area of 150 square feet. All rooms of 100 square feet or more presently in existence and being occupied shall not be required to be enlarged unless the building is modified or enlarged.
D.
The permit containing the number of units and the names and addresses and phone numbers of the owner and premises manager shall be conspicuously posted at or near the principal entrance.
F.
No permit shall be issued to a property owner who has a tenant who owns, or has the care or custody of, or harbors any dog weighing over 30 pounds unless the owner or tenant provides the Department of Public Works with proof that the owner or tenant has procured and is maintaining a liability policy with limits not less than $100,000, combined single limit bodily injury and property damage, for injury or damage caused by the dog. The requirements of this subsection shall apply separately to each such dog harbored on the premises. It shall be the continuing obligation of the permit holder to comply with the provisions of this subsection if such dogs are brought into or harbored on the subject premises during the term of the permit. The provisions of this subsection shall not apply to any dog that:
[Added 7-24-2012]
G.
There must be at least one operable fire extinguisher, 2A rated, in each dwelling unit of a permitted premises.
[Added 4-1-2014]
H.
Background checks.
[Added 6-5-2018]
(1)
Prior to accepting rent from any new tenant(s), the property owner must provide the City with written proof of a background check of such tenant(s) conducted by an entity engaged in the business of performing background checks of prospective tenants. The background check must include:
(a)
A credit report;
(b)
Criminal background report, provided, however, that such report must be limited to violent felony convictions occurring in the past seven years and to violent misdemeanor convictions occurring in the past five years. Prior to requesting the criminal background report, the person or entity seeking the rental permit must inform the lease applicant, in writing or in the same manner in which the lease application was made, that a criminal background check may be requested in connection with such application;
[Amended 8-3-2021]
(c)
Employment verification;
(d)
Rental database (eviction) search; and
(e)
Current landlord/residence check. The background check should include an application requiring the tenant to provide information, including, but not limited to, his or her name, past rental history, including prior landlords, information on employment, income, savings, and personal and credit references.
The Commissioner of Public Works or his or her designee is authorized to make or cause to be made inspections, from time to time, to determine the condition of rental units and to safeguard the health, safety, morals and welfare of the public. The Commissioner of Public Works or his or her designee is authorized to enter, upon consent of the owner or occupant, any rental unit and the premises in which the same is located at any reasonable time. Unconsented entries and entries at unreasonable hours may be made upon warrant duly issued by a Judge of the City Court of Middletown. All applications and renewals shall be granted only after an inspection.
[Amended 4-2-1996]
The Commissioner of Public Works or his or her designee is authorized to make application to the City Court of Middletown for the issuance of a search warrant to be executed by a police officer where there exists reasonable justification for an inspection to be conducted pursuant to this article or where there is reasonable cause to believe that there has occurred or is occurring a violation of this article, of the Multiple Residence Law, of the New York State Fire Prevention and Building Code, of Article I, Minimum Housing Standards, of this chapter, of Chapter 261, Fire Prevention, or of Chapter A500, Plumbers and Plumbing Standards. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
[Amended 4-2-1996; 8-14-2000]
A.
Mandatory revocation. The Commissioner of Public Works shall revoke a permit issued under this article when:
(1)
A resident or former resident of the premises for which such permit was issued is convicted of any crime as defined in Article 220, 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York, provided that:
(a)
Such resident was residing at the aforesaid permitted premises at the time of the commission of the crime; and
(b)
Such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission or the crime; and
(c)
The number of rental units located at the premises for which such permit was issued does not exceed 20 units; or
(2)
Two or more residents or former residents of the premises for which such permit was issued are convicted of any crime as defined in Article 220, 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York within a period of five years, provided that:
(a)
Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and
(b)
Each such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises for which such permit was issued is between 20 units and 100 units; or
(3)
Three or more residents or former residents of the premises for which such permit was issued are convicted of any crime as defined in Articles 220, 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York within a period of five years, provided that:
(a)
Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and
(b)
Each such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises for which such permit was issued exceeds 100 units; or
(4)
Three or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and
(b)
Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises for which such permit was issued does not exceed 20 units; or
(5)
Five or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and
(b)
Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises for which such permit was issued is between 20 units and 100 units; or
(6)
Seven or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and
(b)
Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises for which such permit was issued exceeds 100 units.
B.
Discretionary revocation. The Commissioner of Public Works may revoke a permit issued under this article when:
[Amended 4-3-2012]
(1)
The permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit was issued for a period of 10 days or more after written notice has been given to the permit holder or the managing agent of such rental unit a violation of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown; or
(2)
The subject premises contains a violation or violations of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown, which violation(s) are determined by the Commissioner of Public Works, in his discretion, to be a danger to the health or safety of residents of the subject premises or neighboring; or
(3)
The subject premises has incurred repeated violations of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown, during the life of the subject permit, which violations are determined by the Commissioner, in his discretion, to constitute an adverse impact upon the quality of life, the enjoyment or value of property and the welfare of the surrounding neighborhood.
C.
Hearings.
(1)
If a decision is made to revoke a permit, the permit holder shall be notified of the reason(s) therefor by written notice from the Commissioner of Public Works mailed to the applicant by regular and by certified mail, return receipt requested. A permit holder has 10 working days from the date of such written notice to request a hearing before a special committee of the Common Council as hereinafter provided. All requests for hearings must be in writing, directed to the Clerk of the Common Council, and accompanied by a fee of $100. If the permit holder requests such a hearing, the permit holder shall be issued a temporary permit by the Commissioner of Public Works which shall expire 60 days after the final decision of the special committee of the Common Council.
(2)
Upon a request for a hearing, the President of the Common Council shall designate a special committee to consist of the President of the Common Council and one Alderperson from each ward. The President shall act as presiding officer at the hearing. The hearing shall be conducted within 30 days after receipt of the request therefor. The hearing shall be public, and the permit holder may be represented by counsel and shall be able to call witnesses in his or her behalf. The special committee in its discretion may rescind a revocation for good cause shown. The special committee shall issue a written decision within 20 days after the hearing, and the Clerk of the Common Council shall provide the permit holder with a copy of this decision within five business days after its issuance.
(3)
In the event the permit holder is not satisfied with the decision of the special committee, such permit holder may file an Article 78 proceeding under the New York Civil Practice Law and Rules, except that such Article 78 proceeding must be filed within 30 days of the filing of the special committee's decision with the City Clerk of the City of Middletown and service of the same upon the permit holder.
[Added 4-3-2012]
D.
Reapplications. A permit holder whose permit has been revoked pursuant to the provision of this section may not reapply for a permit for the premises which was the subject of the revocation until three years after the date of revocation, unless the Commissioner of Public Works, in his sole discretion, allows an earlier reapplication. In all other respects, reapplications shall be considered pursuant to the provisions of this article governing application.
[Amended 4-3-2012]
A.
It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any person to:
[Amended 9-26-2005]
(1)
Operate a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling, as defined herein, without a permit.
(2)
List, solicit, advertise or offer, exhibit or show to any person a rental unit in a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling for the purpose of bringing about the rental thereof unless:
[Amended 11-4-2019]
(3)
Accept a deposit of rent or security in connection with the rental of a rental unit in a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling unless:
[Amended 11-4-2019]
(4)
Sell a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling as defined herein, which does not have a permit under this article.
B.
In the event that a person convicted of a violation of Subsection A(4) of this section shall have been a real estate broker or salesperson licensed by the State of New York at the time such violation was committed, it shall be the duty of the City Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the City pursuant to the provisions of Article XIIA of the Real Property Law.
[Amended 1-7-2008]
[Amended 3-8-1999; 9-26-2005; 12-20-2016]
A person who shall violate a provision of this article shall be guilty, upon conviction, of an offense punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
