[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-22-2009 by L.L. No. 4-2009]
The Mayor and Board of Trustees of the Village of Greenwood
Lake do hereby establish a program for the enactment, enforcement
and administration of a rental permit requirement for all rental units
within the corporate boundaries of the Village of Greenwood Lake and
for the periodic registration of all landlords and rental property
owners for the purpose of regulating rental property conditions and
for maintaining an inventory of available rental housing.
As used in this article, the following terms shall have the
meanings indicated:
Any landlord who resides outside the designated boundaries
of Orange County as those boundaries may be defined at the time of
regular, periodic property registration.
The Village member designated by the Village Mayor as having responsibility for enforcement of Chapter 40, Buildings, Unsafe, and this article.
Any single unit which is capable of housing one separate
household, whether a detached single-family structure or building
or part of a multihousehold structure or building.
The "immediate family" of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner or designated agent who offers a housing
unit for occupancy to persons other than members of his immediate
family in exchange for a fee or compensation, whether monetary or
otherwise.
A permit issued by the Village of Greenwood Lake stating that the referenced structure or unit conforms to the standards of Chapter 38, Building Construction, and that occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that certificate.
Any housing unit or units which are occupied by persons other
than the owner or his immediate family or for which a fee or compensation,
monetary or otherwise, is received by the owner in exchange for such
occupation.
A representative of a property owner or landlord who resides
within the designated boundaries of Orange County as defined at the
time of periodic property registration.
Any deficiency in a structure or housing unit as defined by Chapter 38, Building Construction, as amended.
A.
All landlords must register with the Village of Greenwood Lake before
any dwelling is utilized as rental property. Upon adoption of this
article, initial registration will begin as soon as practicable after
this article is effective. It is the responsibility of the property
owner to register any rental property or properties, and failure to
do so constitutes a violation of these regulations and is subject
to the penalties set forth herein.
B.
All absentee landlords must have a resident agent for all rental
units.
C.
All rental properties will be inspected on an annual basis.
D.
Any substandard condition identified during an annual inspection
must be corrected by the property owner before a rental permit shall
be issued.
E.
No housing unit shall be let, rented or occupied by someone other
than the owner or his immediate family until a rental permit has been
obtained for that unit.
A.
All property owners will receive a notice following adoption of this
article of the Code giving them 30 days in which to register any rental
properties that they may own.
B.
The owner of a property constituting a rental unit shall register
the same with the Building Inspector within 30 days of the effective
date of this article on a form approved by the Building Inspector,
showing the address of the rental unit, the name and address of the
owner and his resident agent and the full name of the tenant in possession
of the unit as of the effective date of this article.
C.
The initial fee for registration of landlords will be $50 per unit
for each unit. Thereafter, landlords shall pay an annual fee of $25
for each unit as an annual inspection fee.
D.
Absentee landlords must designate a resident agent for service of
process who resides within the corporate boundaries of Orange County.
If that agent's residence should be removed from Orange County
during the yearly registration period, another agent must be designated
for the duration of that period.
E.
It shall be unlawful for any property owner to offer any unit for
rent or to allow any rental unit to be occupied without having first
registered as a landlord as required herein within the time prescribed
for such registration.
F.
Failure to receive notice of the registration deadline will not excuse
failure to register rental units. It is the landlord's responsibility
to fulfill registration requirements.
A.
No rental unit may be occupied without a valid rental permit. No rental permit shall be issued until the housing unit has been inspected by the Building Inspector to determine that the requirements of this article and Chapter 38, Building Construction, have been met.
B.
A rental permit shall be valid for a period of one year from the
date it is issued. At that time, the unit must be inspected before
a new permit is issued.
C.
The owner of a rental unit may request a rental permit even though
the unit is exempted under the provisions of this article.
D.
Rental units determined to be unsafe according to the provisions of Chapter 40, Buildings, Unsafe, and/or Chapter 38, Building Construction, will be subject to condemnation as provided by those chapters and must be vacated. The notice to vacate the unit and any expenses resulting from that eviction are the sole responsibility of the owner. The Village will not issue eviction notices, nor assume any responsibility for relocation or displacement expenses when that eviction is a result of the owner's noncompliance with these regulations.
E.
Property owners subject to a demolition order will have the option
of granting the property to the Village in fee simple, with the Village
then assuming the responsibility for demolition and clearance, and
assuming sole ownership of the property with all the rights thereof.
F.
If the unit passes inspection, the rental permit shall be issued
within five business days of the date of inspection. If the unit does
not pass inspection, a notice of violations and work description shall
be issued within 10 business days of the date of the inspection.
G.
In the event that the Village does not perform the specified action
within the time period stated, the previous rental permit will be
considered valid until such time as the Village performs the specified
action.
H.
Landlords or their agents must present the previous rental permit
when applying for a new permit. Date of the last inspection will be
verified from the previous permit.
I.
The fee for a rental permit shall be as established by the Mayor
and Board of Trustees in accordance with the Village of Greenwood
Lake Schedule of Fees. In the event that an additional inspection
is necessitated by the failure of a property to pass the annual inspection,
a fee for each such inspection shall be paid in such amount as shall
be established by the Mayor and Board of Trustees in accordance with
the Village of Greenwood Lake Schedule of Fees.
A.
Inspections of rental units shall be conducted on an annual basis to determine compliance with Chapter 38, Building Construction.
B.
All inspections finding substandard conditions will be subject to the procedures set forth for violation of Chapter 40, Buildings, Unsafe, as amended.
C.
Inspections shall be conducted and work descriptions shall be compiled
and issued by the Building Inspector.
D.
The Building Inspector will be responsible for arranging for the
inspection of rental units and for initiating any other appropriate
action under these regulations. The Building Inspector will give special
consideration to any request that inspections be conducted during
nonbusiness hours for the convenience of the tenant(s). In the absence
of such a request, the inspections will be conducted during normal
business hours as defined by the town business hours in force at the
time.
E.
The annual inspection fee is $25 for each unit. If the unit fails,
there shall be no fee for the first reinspection. There shall be a
fee of $25 for each subsequent reinspection.
A.
Violations of this article will constitute a municipal infraction and will be subject to applicable penalties under this article in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter 38, Building Construction, or Chapter 40, Buildings, Unsafe.
B.
Penalties for violations of these regulations will be set by resolution
of the Village Board.
[Amended 7-16-2018 by L.L. No. 2-2018]
C.
Each day a violation continues following the period specified in
the relevant accusatory instrument shall constitute a separate and
distinct violation for purposes of setting penalties.
[Added 7-16-2018 by L.L.
No. 2-2018]
[Adopted 3-26-2018 by L.L. No. 1-2018]
A.
The Village Board finds that short-term residential rental activities
constitute a business activity which impacts upon the public health,
safety and general welfare of the people of the Village. The use of
single- and multifamily dwelling units for vacation rental lodging
purposes provides visitors an alternative to standard lodging; however,
such uses in residential neighborhoods may have negative effects on
the character and stability of such neighborhoods. This article is
enacted pursuant to Municipal Home Rule Law § 10. The purpose
of this article is to establish regulations for the use of short-term
residential rentals in order to protect the public health, safety,
and general welfare of the people of the Village and to further achieve
the following beneficial purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social well-being,
of persons occupying dwellings; and
(3)
The preservation of the value of land and buildings throughout the
Village.
B.
This article is not intended to regulate hotels, motels, inns, bed-and-breakfast
establishments and rooming houses. Residential units rented on a month-to-month
basis or annual basis, pursuant to a valid lease agreement, are also
excluded.
B.
SHORT-TERM RENTAL
As used in this article, the following terms shall have the meanings
indicated:
Residential rental for a period of less than 30 days, which
includes activities such as air-bed-and-breakfast rental.
A.
In addition to any registry requirements pursuant to the state's
Multiple Residence Law, and any requirement set forth by the County
of Orange, no person shall allow to be occupied, or rent to another
for occupancy, any rental unit unless the owner has registered the
rental unit with the Village of Greenwood Lake on a form approved
by the Building Inspector in accordance with the provisions of this
section, indicating as a minimum the following information:
(1)
Address of the rental unit;
(2)
The number of rental units in each building;
(3)
The number of conventional bedrooms in the dwelling;
(4)
The applicable overnight and daytime occupancy limit of the unit;
(5)
The types and placement of any fire-protection systems located in
each building;
(6)
The number and location of all exits;
(7)
A floor plan indicating the placement and size of each conventional
bedroom, exit and fire-protection system;
(8)
A listing of each manner or mechanism through which the rental unit
is listed for rental; and
(9)
The fully completed form must be notarized.
B.
Such registration for short-term rental shall otherwise satisfy all requirements set forth in § 116-3, General requirements for rental property.
C.
Any real property utilized for short-term rental shall also satisfy
the following requirements:
(1)
There must be a valid certificate of occupancy for the real property;
(2)
The septic system shall fully comply with all current requirements
set forth by New York State, Orange County and the Village of Greenwood
Lake; no property equipped with a cesspool may be used for short-term
rental;
(3)
The owner for any real property utilized for short-term rental shall
maintain liability insurance for the property with policy limits in
an amount of no less than $1,000,000; and
A.
The owner of a property utilized for short-term rental shall register
same with the Building Inspector within 30 days of the effective date
of this article on a form approved by the Building Inspector, indicating
as a minimum the following information:
(1)
Address of the rental unit;
(2)
Name, social security number, telephone number, e-mail address, mailing
address and physical address of the owner;
(3)
If the owner is an association, partnership, limited liability partnership,
corporation, joint tenancy, tenancy in common, tenancy by the entirety,
or other entity, the name of each and every owner, officer, partner
or general interest partner, and the name of their interest shall
also be disclosed;
(4)
If the owner is a business entity, the tax identification number,
and the name, telephone number, e-mail address, mailing address and
physical address of the owner's agent;
(5)
Acknowledgment of receipt and inspection of the Code of the Village of Greenwood Lake Chapter 116; and
(6)
The fully completed form must be notarized.
B.
Real-person owners who are absentee landlords, and non-real-person
owners, must designate a real person as an agent for service of process
who resides within the corporate boundaries of Orange County. If that
agent's residence should be removed from Orange County during
the period of any short-term rental permit, another agent must be
designated for the duration of the period or any permit for short-term
rental shall become void.
C.
A post office box shall not be accepted as the owner's, or agent's,
physical address.
D.
The address intended for short-term rental shall not be accepted
as the owner's, or agent's, physical address, unless it
is the principal place of business or actual residence of the owner
or agent.
E.
Upon the transfer of the legal or equitable title to any real property
for which a short-term rental permit has been issued, any permit for
short-term rental shall become void.
F.
Leaseholders and tenants may not engage in short-term rental.
No property shall be used for short-term rental unless the owner
shall first obtain and maintain a short-term rental permit from the
Village of Greenwood Lake.
A.
The property must be registered with the Village of Greenwood Lake in accordance with, and otherwise satisfy the requirements of, § 116-10, Short-term rental unit registration.
B.
The landlord property owner, and designated agent, if applicable, must be registered with the Village of Greenwood Lake in accordance with, and otherwise satisfy the requirements of, § 116-11, Registration of landlords engaged in short-term rental.
C.
The property must have undergone an inspection performed by the Building
Inspector, and all violations must be remedied prior to the granting
of a permit for short-term rental.
A permit for short-term rental issued pursuant to this article
shall expire one year after the date of issuance, unless sooner revoked.
A.
Application for renewal of the short-term rental permit is due 30
days prior to its expiration and requires payment of the renewal fee.
B.
At the time of application for renewal, the landlord owner, or designated
agent, if applicable, must present the previous permit for short-term
rental.
C.
The property must have undergone an inspection performed by the Building
Inspector, and all violations must be remedied prior to the renewal
of a permit for short-term rental.
A.
An application fee for the short-term rental permit, in an amount
established by resolution of the Village Board, shall be paid by the
property owner at the time of application.
B.
A renewal fee for the renewal of a short-term rental permit, in an
amount established by resolution of the Village Board, shall be paid
by the property owner at the time of application for renewal.
The Building Inspector may deny an application for a short-term
rental permit based upon, among others, any of the following grounds:
A.
The application does not fully comply with the provisions of this
article.
B.
The applicant has falsified or failed to provide information in the
application for a permit, registration of property, or registration
of property owner.
C.
The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of property owner, upon which such short-term rental
permit had been issued.
D.
The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E.
The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of application
or during the calendar year in which the application was made.
F.
The property for which a short-term rental permit is sought was used
or occupied in violation of this article during the calendar year
immediately preceding the date of application or during the calendar
year in which the application was made.
G.
The property for which a short-term rental permit is sought is not
equipped with a single-station smoke-detecting alarm device and carbon-monoxide-detector
device, or devices, in accordance with New York State standards.
H.
The property for which a short-term rental permit is sought does
not possess adequate exits in accordance with New York State standards.
The Building Inspector may deny an application for renewal of
a short-term rental permit based upon, among others, any of the following
grounds:
A.
The renewal application does not fully comply with the provisions
of this article.
B.
The applicant has falsified or failed to provide information in the
application for a permit, application for renewal of a permit, registration
of property, or registration of property owner.
C.
The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of property owner, upon which such short-term rental
permit had been issued.
D.
The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E.
The applicant or any tenant violated any provision of the Code of
the Village of Greenwood Lake.
F.
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
G.
The property for which renewal of a short-term rental permit is sought
is not equipped with a single-station smoke-detecting alarm device
and carbon-monoxide-detector device, or devices, in accordance with
New York State standards.
H.
The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
The Building Inspector may revoke a short-term rental permit
based upon, among others, any of the following grounds:
A.
The owner applicant has falsified or failed to provide information
in the application for a permit, application for renewal of a permit,
registration of property, or registration of property owner.
B.
The applicant violated any provision of this article during the term
of the short-term rental permit.
C.
The applicant or any tenant violated any provision of the Code of
the Village of Greenwood Lake.
D.
The applicant or any tenant violated any provision of the Penal Code
of the State of New York, which violation occurred on, or pursuant
to the occupancy of, the short-term rental unit.
E.
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
F.
The property for which renewal of a short-term rental permit is sought
is not equipped with a single-station smoke-detecting alarm device
and carbon-monoxide-detector device, or devices, in accordance with
New York State standards.
G.
The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
A.
It is the responsibility of the property owner to ensure proper and
legal occupation of the premises and compliance with this article.
B.
The premises for which a short-term rental permit has been granted
can only be used for residential purposes.
C.
No more than three adult persons can occupy any one bedroom.
D.
A tenant in possession pursuant to short-term rental is prohibited
from subleasing or otherwise licensing the use or occupancy of any
portion thereof.
E.
Advertising for the subleasing of, or selling or assigning of shares
to, the premises by a tenant, or occupant, for the use or occupancy
of all or a portion of the premises is prohibited.
F.
All tenants shall ensure that at no time shall ingress or egress
from any driveway be impeded.
G.
The tenants of short-term rental premises and their guests shall
not park any motor vehicle in a manner so as to block or prevent access
to driveways or easements or rights-of-way.
H.
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance is prohibited.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
article.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A.
Trash, refuse and recycling shall not be left stored within the public view, except in proper containers for the purpose of collection by the collectors, set out no earlier than 5:00 p.m. on the evening prior to scheduled trash and recycling collection days, and shall otherwise comply with § 63-3E of the Code.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.
A.
If the Building Inspector denies an application for short-term rental,
or denies an application for renewal of a permit for short-term rental,
or revokes a permit for short-term rental, it shall be done in writing,
reciting the grounds for denial or revocation.
B.
An applicant or permittee, as applicable, may appeal from such denial
or revocation by filing a written request for a hearing before the
Village Board of Trustees. Such request shall be filed with the Village
Clerk.
C.
Upon receipt of such request, the Village Clerk shall schedule same
for the next regularly scheduled Village Board meeting, affording
the appellant at least five days' written notice of the place,
date and time of the hearing, and publish notice of same.
D.
At the hearing, the appellant shall be afforded reasonable opportunity
to be heard. The public shall be afforded reasonable opportunity to
be heard. The appellant shall bear the burden of proof by a preponderance
of the credible evidence to show that the determination of the Building
Inspector was arbitrary or capricious or in excess of his authority.
The decision of the Village Board of Trustees shall be final and conclusive.
[Amended 7-16-2018 by L.L. No. 2-2018]
A.
Violations of this article will constitute a municipal infraction and will be subject to applicable penalties under this article in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter 38, Building Construction, or Chapter 40, Buildings, Unsafe.
B.
Penalties
for violations of these regulations will be set by resolution of the
Village Board.
C.
Each day
a violation continues following the period specified in the relevant
accusatory instrument shall constitute a separate and distinct violation
for purposes of setting penalties.
