[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-4-2004 by L.L. No. 3-2004,
approved 5-24-2004]
A.
ACTION or PROCEEDING
BUILDING
IDENTIFICATION OF BUILDING
OWNER
PROCESS
RENTAL PROPERTY
As used in this article, these terms shall have the
meanings indicated as follows:
Any action or proceeding which may be instituted in the City
Court of the City of Kingston or the County Court of the County of
Ulster or the Supreme Court of the County of Ulster or any court of
competent jurisdiction with an alleged violation of any ordinance
or law of the City of Kingston.
Any improved real property, residential or mixed use (commercial-residential),
located within the City of Kingston, that is non-owner-occupied.
It is required that the house number be placed on the building
in a conspicuous place.
Any individual or individuals, partnership or corporation
or any similar type business 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 directly or
indirectly in control of the property.
A summons or any notice, mandate or any other paper process
issued under any provision of the Code of the City of Kingston or
any law or regulation of the State of New York.
Includes all properties which are either rented, leased,
let or hired out to be occupied for residential or mixed use (commercial-residential).
[Amended 7-11-2017 by L.L. No. 4-2017,[1] approved 7-28-2017]
[1]
Editor's Note: This local law also provided for the repeal
of former Subsection B, regarding owner-occupied property, as amended,
which immediately followed this definition.
A.
The owner of a property constituting a rental property
shall register the same with the Building Department within 60 days
of the effective date of this article on a form approved by the Building
Department. This form shall be known as a "landlord registration statement"
which shall be signed by the owner under oath.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
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 article 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 article.
A.
Every owner of a rental property as above defined
shall file with the Building Department, within 60 days after the
adoption of this article, a landlord registration statement on forms
to be supplied by the Building Department, containing the following:
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
(1)
A description of the premises by street number or
block and lot number, including tax identification number.
(2)
The owner/landlord shall disclose in the registration
statement whether the property is a dwelling that is covered by Section
4024 (a) of the Federal Coronavirus Aid, Relief and Economic Security
Act (CARES Act), specifically notifying the Building Safety Division
whether the property:
[Amended 6-2-2020 by L.L. No. 1-2020, approved 6-15-2020]
(3)
Designation of managing agent. In the event the owner
does not reside in Ulster County, then the owner must designate a
managing agent. If a managing agent is required, then the owner shall
provide the following information to the Building Safety Department
of the City of Kingston: the name, residence, business and e-mail
address and residence, business and fax telephone numbers of a natural
person, 18 years of age or over, who actually resides within the County
of Ulster, 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 herein after provided.
B.
Upon completion and execution and submission of the
landlord registration statement as aforesaid, said registration shall
be reviewed by the Building Department or its designee for adequacy.
Should the Building Department 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 to comply with the following
provisions of this article.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
C.
It shall be the responsibility of each owner to timely
notify the Building Department whenever the information provided in
the landlord registration statement has become outdated or for any
reason is no longer accurate.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
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 Ulster, New
York, then the owner shall be obligated 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 article, the owner of such property shall have granted or
transferred his/her right, title or interest therein or in any part
thereof, such owner shall file with the Building Department 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, cell phone numbers, fax numbers and e-mail of
the grantee, 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, their addresses, business and residence phone and cell numbers
as well as e-mail addresses and fax numbers. If the owner is unable
with due diligence, to secure the aforementioned information from
the purchaser, then the owner shall immediately notify the Building
Department in writing of this fact. After sending this notice, the
owner shall thereafter have no further obligation with respect to
this provision.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
G.
Where, after the filing of any landlord registration
statement with the Building Department pursuant to the applicable
provisions of this article, 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 Department, 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.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
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.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
I.
An owner may terminate such designation by filing
with the Building Department a sworn written statement designating
a new managing agent made in conformity with the provisions herein
above cited.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
J.
Any landlord registration statement or designation
of a managing agent required to be filed with the Building Department
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.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
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 Kingston or by any proper prosecutorial agency against
the owner or managing agent of a rental property.
A.
The Building Department or its authorized designee
or agent shall make provisions for inspections of each rental property,
which is subject to the provisions of this article and shall notify
each owner and/or managing agent of each rental property as to the
time and place of such inspection. The inspection shall take place
at a minimum of every 24 months. The inspection shall be for the purpose
of determining compliance with all applicable rules and regulations
concerning safety and maintenance of all rules and regulations applicable
to said rental property, including the Code of the City of Kingston
and all other such rules and regulations and laws of the State of
New York. In addition, the owner and/or managing agent shall be obligated
to review with the Building Department and its designee or agent the
contents of the landlord registration statement to determine if all
said information is up-to-date, complete and accurate in all respects.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
B.
Any inspection report issued pursuant to Subsection A, of this section which reveals the presence of a violation shall be remedied by the owner within the time stated in the report. Failure to bring any building and/or rental property into conformance with such report and/or to remedy within the time set forth therein shall constitute a violation of this article, it being expressly understood that this provision shall not constitute the exclusive remedy of the City of Kingston, but shall be an addition thereto.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
At the request of the Building Department, the
Corporation Counsel is authorized to make application to the City
Court of the City of Kingston 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 Building Department
may seek a search warrant whenever the owner and/or managing agent
fails to allow inspections of any dwelling unit contained in the rental
property where there is a reasonable cause to believe that there is
a violation of this article or a violation of the New York Uniformed
Fire Prevention Building Code Act or of any code of the City of Kingston
or any applicable fire code.
Nothing in this article shall prevent any member
of the public, prospective tenant or any resident of the City of Kingston
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.
The City of Kingston shall have a choice of
enforcing this article by seeking civil penalties or by instituting
a criminal proceeding or may choose to do both.
A.
Criminal proceeding. A summons or appearance ticket
for any violation of this article may be served in the County of Ulster,
New York as defined within the meaning of New York Criminal Procedure
Law, § 150.40. In the event that the owner does not reside
in the County of Ulster, then the owner shall be obligated to designate
a managing agent, who maintains a bona fide residence in the County
of Ulster.
B.
A designating managing agent of an owner may be served
with a notice of violation, order of remedy, order of violation, 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 a managing agent pursuant
to the provisions of this article may assert the defense of lack of
notice or lack of in personam jurisdiction based solely upon the service
of process upon his designated agent.
Service of papers and notice of violations shall
be:
A.
By delivering to and leaving a copy of the same with
any person or persons violating, or who may be liable under any of
the several provisions of this article; and
B.
By registered or certified mail to the most current
address on file in the landlord registration statement upon the owner
and/or managing agent; and
C.
If none is on file to the most current address in
the City Assessors Office by registered or certified mail to the owner
and/or managing agent; and if such person or persons cannot be served
by any of the aforesaid methods after diligent search shall have been
made for him/her or them, then such notice or order may be served
by posting the same in a conspicuous place upon the rental property
where such violation is alleged to exist, or to which such notice
may refer, or which may be deemed unsafe or dangerous, which shall
be the equivalent of personal service of said notice upon all parties,
including the owner and/or managing agent for whom such search shall
have been made; or
D.
By any other method or service authorized pursuant
to Article III of C.P.L.R.
E.
Notice by mail to owners residing out of state. If
the person or persons or any of them to whom said notice is directed,
do not reside in the County of Ulster and have no known place of business
therein, the same may be served by delivering to or leaving with such
person or persons or either of them a copy of said notice. If said
person or persons cannot be found with a due diligence search, then
by posting a copy of the same in a manner aforesaid and depositing
a copy thereof in a post office in the City of Kingston, enclosed
in a sealed wrapper addressed to said person or persons at his/her
last known place of residence with the postage paid thereon, and said
posting and mailing a copy of said notice shall be equivalent to personal
service of said notice.
A.
Rental permits.
(1)
No rental property and/or building as defined herein
shall be occupied by anyone, including any tenants, without a valid
rental permit.
(2)
The Building Department shall issue such permit after
receipt of a valid landlord registration statement as discussed herein.
Such rental permit shall be valid until such lime as the owner or
any new owner is required to file a new landlord registration statement.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
(3)
The owner and/or managing agent must present the previous
rental permit at the time that the new landlord registration statement
is submitted.
[Added 8-2-2005 by L.L. No. 3-2005,
approved 9-6-2005[1]; amended 1-8-2013 by L.L. No. 1-2013, approved 1-22-2013]
A.
The Department of Public Works' trash/refuse policies
and procedures shall be conspicuously posted in all rental buildings
by the owner.
B.
The landlord shall receive an initial fine of $100
if the Department of Public Works' trash/refuse policies and procedures
are not conspicuously posted in any rental building owned by the owner.
Should such notice thereafter not be conspicuously posted, a fine
of $250 shall be imposed against the owner.
C.
The landlord shall provide each tenant with a copy of the City of Kingston "Property Maintenance by Tenants" ordinance (Chapter 333 of the Code of the City of Kingston) at the time the tenant executes a rental lease or when the tenant initially takes occupancy of the rental property, whichever event occurs sooner. The receipt of a copy of Chapter 333 should be acknowledged by the tenant in writing, and such writing shall be retained by the landlord.
[1]
Editor's Note: This local law also redesignated
former §§ 332-10 and 332-11 as 332-11 and 332-12, respectively.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
Any permit issued pursuant to this article may
be revoked or suspended by the Building Department after notice to
the owner and an opportunity for the owner to be heard upon a finding
by the Building Department that the requirements of this article or
any conditions of said permit have been violated or that the premises
are not being maintained in accordance with the requirements of any
applicable law, rule or regulation.
Violations of this article will constitute an
offense within the meaning of the Penal Law of the State of New York,
punishable as provided for herein. In addition, a violation of any
provision of this article shall constitute a municipal infraction
and will be subject to applicable penalties under this article, and
the City of Kingston may choose to enforce this article as a criminal
or civil matter, or both. Any owner who violates, disobeys, neglects
or refuses to comply with any of the terms of this article shall be
subject to a fine of not more than $500. Each week a violation continues
shall be deemed a separate offense and so subject the owner to an
additional fine of up to $500. In addition, if the City of Kingston
chooses to proceed under this article as a criminal offense, the violation
of this article shall be subject to a fine of up to $500 and/or up
to 30 days in jail, it being understood that each week a violation
continues shall be deemed a separate offense subjecting the offender
to additional weekly fines of up to $500 and/or additional jail sentences
of up to 30 days.[1].
[1]
Editor's Note: Former Art. II, Eviction Without Good Cause,
adopted 1-13-2022 by L.L. No. 1-2022, approved 1-25-2022, which immediately followed this article, was repealed 6-6-2023 by L.L. No. 5-2023, approved 6-20-2023
