[Added 11-1-2016 by L.L.
No. 11-2016; amended 9-26-2023 by L.L. No. 11-2023]
The Town Council of the Town of Orangetown determines that the title of this local law shall be "Article XV: Landlord Registry Act and Short-Term Use of Property for Rental or Rental-Like Purposes."
A.Â
The purpose of this article is to establish a registry of all purported
rental properties, as defined herein, in order to allow its police,
building and code enforcement officials to identify and contact, as
necessary, persons responsible for the ownership, care, maintenance,
occupancy, management, leasing, renting or letting out, or other control,
of such properties, and to prohibit certain short-term rentals of
all properties in residential zoning districts, to protect and preserve
the Town's goal of establishing residential zoning districts to protect
the residential nature and tranquil neighborhood character in each
and every such residential zoning district, and to better ensure the
effective and efficient enforcement of local, state and federal safety
regulations in furtherance of the health, safety and welfare of all
of the residents of the Town.
B.Â
The provisions of this article shall apply to all real property located
in the Town of Orangetown that is zoned for residential purposes.
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
Any indoor or outdoor, or combination of both, gathering
or get-together, or invitation or notification regarding the same,
of four or more people for a common purpose, which includes, but is
not limited to, a party, scheduled or nonscheduled event, celebration,
festivity, concert, performance, or similar group activity.
Any structure within the Town wholly or partially enclosed
within exterior walls, or within exterior and party walls, and a roof,
affording shelter to persons, animals or property.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged in a Town zoning district for the
exclusive residential use by one family.
Any individual or individuals, natural person ("person"),
sole proprietorship, partnership, corporation, limited-liability company,
limited-liability partnership, limited partnership, organization,
association, or any other type of business entity, or combination
thereof, and regardless of whether for-profit or not-for-profit, in
whose name the title to real property within the Town is vested.
Includes all buildings, as defined herein, and/or land containing
one or more spaces rented, leased, licensed, let, hired, or permitted
to be occupied or used, whether for compensation or otherwise not,
by persons or entities other than the record owner thereof, for a
period of time that is 30 consecutive days or longer and that is not
a short-term residential use of real property for rental or rental-like
purposes as defined herein. This definition includes any building
containing commercial rental space, residential rental space, or a
combination of commercial and residential rental space, but does not
include owner-occupied residential buildings or hotels and motels
for purposes of this article.
A dwelling unit, as defined herein, including, but not limited
to, a house, condominium, townhome, townhouse, cooperative unit, apartment,
or any other residential building or land, that is rented or leased,
or otherwise allowed to be occupied, in whole or in part, to any person
or persons, or business entity, such as a partnership, corporation,
limited-liability company, limited-liability partnership, limited
partnership, organization, association ("business entity"), for a
period of time that is less than 30 consecutive days. "Rental," for
these purposes, means an understanding, agreement or contract, written
or oral, granting, allowing or permitting the use, occupancy or possession
of a residentially zoned building, land or property, in whole or part,
by a person or business entity in exchange for monetary payment, remuneration,
compensation, barter arrangement, or other consideration ("compensation").
The term "short-term rental" does not include hotel or motel rooms,
or month-to-month tenancies in dwelling units authorized in a Town
zoning district for that purpose, but includes rentals, licenses,
leases, letting or hiring out, or other such uses, as defined herein,
for purposes of assembly.
Any person or business entity who has leased, rented or licensed
the use or occupancy of any dwelling unit from the owner, or from
any other person or business entity with a right to allow or permit
the same, regardless of the type of tenancy under which they use or
occupy the renal unit.
A.Â
Registration. Every owner of rental property, as defined herein,
shall be required to register such property, within a period of 30
days from the effective date of this article, with the Town Clerk
on such forms as shall be prescribed by the Town Clerk. A new registration
form shall be filed whenever there is a change of ownership (and,
in the case of a business entity, as well as whenever there is a change
in the controlling interest in the business entity) of a rental property,
and it shall be the responsibility of the new owner to file such form
within 30 days of taking title to the property.
(1)Â
Following the initial registration, a biennial filing shall
be made in and between January 1 and February 1, certifying that there
has been no change in the status or ownership of the rental property
or reflecting the nature of any change.
B.Â
Registry fee. Every owner of rental property required to register
with the Town Clerk shall pay a biennial registration fee as follows:
(1)Â
For a building having one to four units: $20 per rental space
or unit;
(2)Â
For a building having five to 20 units: $20 for units one through
four, and $10 per unit for units five through 20;
(3)Â
For a building having more than 20 units: the above stated fees
for units one through 20, and $5 for each unit over 20.
(4)Â
Such fee shall be paid to the Town of Orangetown, and shall
represent the cost of maintaining the registry and conducting periodic
inspections and other activities, as may be required in furtherance
of the purposes of this article.
A.Â
The registry form shall require the following information:
(1)Â
The property address and section, block and lot number as appears
on the Tax Map of the Town of Orangetown, and the number of residential
dwelling units and/or commercial units, as the case may be, permitted
to be occupied on each property.
(2)Â
The owner's name(s), mailing address(s), street address(s) and
all functioning telephone numbers, including, but not limited to,
a functioning cell phone number and a functioning email address (and
a functioning facsimile/fax number, if and as available). Post office
box numbers may be included, but the physical location at which the
owner may be contacted shall be required and submitted to the Town
at all times. All such information shall be together referred to herein
as "contact information."
(3)Â
Where the property is owned by a corporation, the contact information
of the person designated by the corporation as responsible for the
management, maintenance, care or supervision of the property, and
to receive service of process in addition to the Secretary of State,
and of each shareholder thereof.
(4)Â
Where the property is owned by a limited-liability company ("LLC"),
limited-liability partnership ("LLP") or partnership, the contact
information of each manager or managing member or partner and of each
member or partner.
(a)Â
Where an LLC, LLP, LP or partnership is owned or operated, in
whole or in part, by a different LLC, LLP, LP or partnership, then
the contact information of all the managers or managing members or
partners, as the case may be, of the LLC, LLP, LP or partnership that
owns the registering LLC, LLP, LP or partnership.
(5)Â
Where day-to-day responsibility for the management, supervision,
care or maintenance of the property rests with a person other than
the officer, shareholder, manager or managing member or partner set
forth on the registration, the contact information of the person so
responsible shall be submitted to the Town.
B.Â
The form shall be signed by all of the owners before a notary public
and shall bear the following statement directly above such signatures:
"I certify that all information contained in this statement, including
the number of lawful rental spaces or units represented, is true and
correct to the best of my knowledge and belief. I understand that
the willful making of a false statement of material fact herein will
subject me to the provisions of law relevant to the making of false
instruments and shall constitute a violation of this article."
C.Â
It shall be the obligation of each owner to timely notify the Town
Clerk whenever the information provided on the biennial registry form
has become outdated or for any reason is no longer accurate. It shall
be the responsibility of each owner to recertify the aforementioned
information every two years.
A.Â
Short-term residential rentals and other rental-like purposes prohibited.
No owner, lessee, licensee, tenant or occupant, or other person or
business entity having any right to, or interest in, or claiming any
right or interest in, any real property within the jurisdiction of
the unincorporated area of the Town of Orangetown and located in an
R-80, R-40, R-22, R-15, RG, MFR or PAC Zoning District shall license,
rent, lease, hire out, let, or otherwise allow or permit, for compensation
or not,, the use or occupancy of such property, or any part thereof,
whether such use or occupancy is daily, hourly, overnight or weekly,
for a period of time that is less than 30 consecutive days.
B.Â
Short-term rental of outdoor pools and spaces. No owner, lessee,
licensee, tenant, or occupant, or other person or business entity
having any claimed and/or actual right to, or interest in, any real
property within the iurisdiction of the unincorporated area of the
Town of Orangetown and located in an R-80, R-40, R-22, R-15, RG, MFR
or PAC Zoning District shall license, rent, lease, hire out, let,
or otherwise allow or permit, for compensation, the use or occupancy
of any outdoor spaces, including, but not limited to, swimming pools,
spas, playgrounds and yards, for purposes of assembly.
C.Â
Exception. Occupancv or use pursuant to a post-real estate closing
(conveyance) possession agreement by the seller of any dwelling unit
shall not be a violation of short term rentals, provided that title
has passed to the purchaser and the deed for the dwelling unit to
the new owner has been filed in the Rockland County Clerk's office
on the same day, or within five days, of closing of title to the property.
A.Â
No rental property or short-term rental or rental-like purpose, as
defined herein, shall be used or occupied except in strict compliance
with the provisions herein, and the failure to comply shall constitute
a violation of a certificate of occupancy or other legal status permitting
the use and occupancy of the building.
B.Â
Any person or business entity who shall violate any provision of this article, including, but not limited to, each and every person and/or business entity that is identified as being present at any residential property located in the Town that is covered by this article at the time of any violation and/or participating in any such assembly prohibited by this article, shall be punishable as provided in § 41A-1 of the Orangetown Code.
C.Â
Civil remedies. In the event an owner foils, neglects or refuses,
whether intentional or unintentional, to correct, cure and remedy,
as well as abate, a violation under this article within 24 hours of
any notice of a violation by the Town, either posted on the subject
property or otherwise provided to the owner thereof, the Town may
commence, or cause to be filed, a criminal summons, as well as additionally
file, or cause to be filed, a civil action requesting injunctive and/or
other relief, and seek monetary damages to compensate the Town for
the costs it has, and will incur, because of the violation and any
efforts to stop the violation from continuing, including reasonable
attorney's fees expended or otherwise incurred by the Town.
D.Â
Other remedies. The remedies provided for in this section are in
addition to, and not in lieu of, all other legal remedies, criminal
or civil, which may be pursued by the Town to address any violation
of the Orangetown Code or other public nuisance, as well as including,
but not limited to, by any Town resident under New York State Town
Law § 268. In the event any Town resident: brings such an
action under NYS Town Law § 268, or otherwise, said Town
resident: shall be entitled to recover reasonable attorney's fees,
costs and disbursements, as well as any damages any said Town resident
has sustained by the person or business entity that caused, or contributed
to, any violation herein of this article or other Orangetown Code
provision, or state law, rule or regulation; however, such Town resident's
entitlement to recover reasonable attorney's fees, costs and disbursements,
and damages, etc., shall not be recoverable from, or awarded in favor
of the Town resident against, the Town of Orangetown.
E.Â
This article may be enforced by the Orangetown i) Office of Building,
Zoning and Planning Administration and Enforcement, ii) Bureau of
Fire Prevention iii) Police Department, and/or (iv) any other law
enforcement agency having lawful jurisdiction to do so.
A.Â
The presence or existence of any of the following is presumptive
evidence that a building is being used in violation of this article:
(1)Â
Person(s) occupying, using or present at the residence or property
state that he/she/they have leased, rented, licensed or hired, or
otherwise are allowed or have consent or permission to be present
at the residence or property, from the owner, representative of the
owner, or other person or business entity associated with the property,
and/or paid, or offered to pay, any compensation, or otherwise provided
any benefit, to the owner or representative of the owner, directly
or indirectly, or any other person or business entity to be a guest,
invitee or licensee, or otherwise allowed to use, occupy or be present
at said residence or property for a time period of less than 30 consecutive
days.
(2)Â
The residence has been published in printed or online/internet
sources as being available for short-term rental.
B.Â
If any of the following documents related to a property owner sets
forth any address, other than that of a residential property located
in the Town it is presumptive evidence that an owner of a property
does not reside at said property in the Town:
C.Â
The issuance and/or wearing and/or possession of any wristbands,
tickets, receipts, or other such documents related to and/or evidencing
any assembly prohibited by this article.
D.Â
The deposit of garbage and/or debris on any public road or other
properties nearby any property where a violation of this article occurs,
as well as parking of vehicles on public roads associated with any
assembly prohibited by this article, shall be evidence of a violation
of this article.
E.Â
The generation of any noise coming from any property that is in violation
of this article at or above the noise levels proscribed by the Orangetown
Code shall be evidence of a violation of this article.
F.Â
The foregoing may be rebutted by evidence admissible in any court
in New York State that is presented to the Town of Orangetown.
If any provision, clause, sentence, paragraph, section or part of this Article XV shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect upon publishing and posting and
upon filing a copy with the New York State Secretary of State, as
may be required by law.
