[Adopted 3-23-2009]
The Common Council has determined that there exist in the City of Middletown serious conditions, including but not limited to housing, safety, health and zoning violations, arising from rental of single- and owner-occupied two-family dwelling units.
The purpose of this article is to establish a procedure and standards for the inspection of single- and owner-occupied two-family dwelling units when there is a change in occupancy or the completion of a two-year term, and to fix the responsibilities on owners to ensure that residential rental property is maintained in accordance with the standards set forth in the New York State Uniform Fire Prevention and Building Code and the Code of the City of Middletown. This article is adopted to promote the health and safety of tenants and to remedy conditions of substandard housing.
A.
Scope. This article shall apply to all single-family dwelling units and to owner-occupied two-family dwelling units, as defined, located within the City. This article shall not apply to any dwelling unit to which a permit has been issued pursuant to Article III of this chapter or to hotels or motels.
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 tents shall have the meaning indicated:
Whenever a tenant moves from or vacates, willingly or otherwise, or expresses the firm intent to vacate a dwelling unit in a single-family dwelling or in an owner-occupied two-family dwelling.
A detached building designed for or occupied exclusively by two families living independently of each other, in which the owner of the plot upon which the two-family dwelling is situated lives on premises.
A document issued by the Department of Public Works to a property owner in accordance with the standards and requirements set forth in this article.
A dwelling unit designed for or occupied exclusively by one family in detached and attached buildings. Includes condominium and townhouse units.
[Amended 10-16-2012]
A party whose right to possession of a residential rental unit is subject to the express or implied consent of the owner.
A.
It shall be unlawful for any owner to permit the occupancy of any residential rental unit subject to this article, unless such unit has a current and valid rental permit.
B.
A rental permit shall be conspicuously posted inside each rental unit at or near the principal entrance at all times. It shall be unlawful for any owner, tenant or occupant to remove or fail to post the current rental permit.
C.
A rental permit shall state the identity of the owner; the address of the premises and owner(s); the identity of the current or proposed tenant(s); the date of inspection; and signature of the inspector.
D.
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]
E.
There must be at least one operable fire extinguisher, 2A rated, in each dwelling unit of a permitted premises.
[Added 4-1-2014]
F.
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.
(2)
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.
A.
Application for a rental permit for a dwelling unit subject to the provisions of this article shall be made in writing to the Department of Public Works on a form provided by the Department for the purpose.
B.
Application for a rental permit for a dwelling unit subject to the provisions of this article must be made:
C.
Such application shall be filed in duplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the single-family dwelling or owner-occupied two-family dwelling.
(2)
The street address and Tax Map description (section, block, lot or lots) of the single-family dwelling or owner-occupied two-family dwelling.
(3)
The number of rooms in each proposed rental unit, the dimensions of each room and a description of the present use or uses thereof, if any.
(4)
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 single-family 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 single-family dwelling or owner-occupied 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.
D.
Such application shall be signed by the owner of the single-family dwelling or owner-occupied two-family dwelling, and the statements of such owners therein contained shall be verified under oath.
A.
Permit application fee. A nonrefundable permit application fee of $100 per rental unit shall be paid upon filing an application for a permit.
B.
Permit renewal fee. A nonrefundable permit renewal fee of $100 per rental 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]
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 rental unit. 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. If satisfied that the proposed rental unit complies fully with all applicable laws, rules and regulations of the state, county and City, including local laws and ordinances, and that such rental unit 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 applied for.
The Commissioner of Public Works or his or her designee is authorized to make or cause to be made inspections, upon application for a permit or upon change of occupancy, to determine the condition of rental units and to safeguard the health, safety, 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.
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 New York State Uniform Fire Prevention and Building Code, or of the Code of the City of Middletown. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
A.
Subject to the provisions of § 296-38 of this article, or unless there is a change of occupancy as defined herein, all rental permits issued pursuant to this article shall be valid for a period of two years from date of issuance and may be renewed for additional two-year periods as provided in Subsection B of this section.
B.
Renewal.
(1)
A renewal application must be submitted no later than 30 days prior to the expiration of the existing rental permit. A renewal application must contain the same information required for the initial application by § 296-31 of this article, must be accompanied by the fee required in § 296-32 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.
[Amended 4-3-2012]
A.
If a decision is made not to renew a rental permit application, or 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 mailed to the permit holder 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. No temporary permits may be issued in the event of a revocation of a rental permit.
B.
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.
C.
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.
[Amended 4-3-2012]
A.
Revocation of permit. The Commissioner of Public Works may revoke a permit issued under this article when:
(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.
B.
Reapplication. 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 two 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.
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:
A.
Lease or permit the occupation of a single-family or owner-occupied two-family dwelling unit, as defined herein, without a rental permit.
B.
List, solicit, advertise or offer, exhibit or show to any person a rental unit in a single-family dwelling or owner-occupied two-family dwelling for the purpose of bringing about the rental thereof unless:
[Amended 11-4-2019]
C.
Accept a deposit of rent or security in connection with the rental of a rental unit in a single-family dwelling or an owner-occupied two-family dwelling unless:
[Amended 11-4-2019]
A person who shall violate a provision of this article shall be guilty, upon conviction, of an offense punishable by a fine 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.
