[HISTORY: Adopted by the Town Board of the Town of Ithaca
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-2017 by L.L. No. 18-2017[1]]
[1]
Editor's Note: This local law also provided that it take effect
2-1-2018.
This article applies to all residential rental dwelling units
except:
A.
A residential dwelling unit that is rented by a tenant for a period
of less than 30 consecutive days, unless the residential dwelling
unit is also at times rented by a tenant for a period of at least
30 consecutive days. "Period" includes consecutive terms of rental
to the same tenant(s).
[Amended 12-29-2021 by L.L. No. 17-2021]
B.
Accessory dwelling units, as that term is defined in Town of Ithaca Code Chapter 270 (Zoning), § 270-5. Accessory dwelling units are subject to operating permit requirements in Town Code § 270-219.6B(2).
D.
Residential dwelling units that are owned by cooperative corporations
and subject to proprietary leases under the Cooperative Corporations
Law.
[Added 12-9-2019 by L.L.
No. 10-2019]
E.
For the purposes of this article, a dwelling unit shall not be considered
a residential rental dwelling unit when a house sitter occupies an
owner’s principal residence while the owner is away, the house
sitter provides security, maintenance and/or pet care, and the house
sitter pays no money or other financial consideration to the owner
in exchange for the occupancy. For the purposes of this subsection,
for a dwelling unit to qualify as an owner’s principal residence,
at least one of the property owners must reside in the dwelling unit
for a minimum of 185 days per year. No other owner(s) shall own a
larger percentage, collectively or individually, than the owner-occupant(s).
[Added 12-9-2019 by L.L.
No. 10-2019]
A.
A residential dwelling unit that is at times rented by a tenant for a period of at least 30 consecutive days and at times rented by a tenant for a period of less than 30 consecutive days shall require valid operating permits pursuant to both this chapter and to § 270-219.7, which governs short-term rental uses.
[Amended 12-29-2021 by L.L. No. 17-2021]
B.
The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection B(1) through (13) below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code, the Energy Code Supplement (Town Code Chapter 144), and the items listed in Subsection B(14) through (16) below meet the requirements of the Town of Ithaca Code:
[Amended 6-14-2021 by L.L. No. 7-2021]
(1)
911 address number properly posted (with each unit posted);
(2)
Exterior structure in good repair;
(3)
Entrances, access areas, parking spaces and similar areas in good
repair;
(4)
Receptacles for proper storage of garbage;
(5)
Compliant pools and decks (if present);
(6)
Working smoke and carbon monoxide detectors;
(7)
Interior structure in good repair;
(8)
Fire separation (where required);
(9)
Electrical, plumbing and heating in good repair;
(10)
Appliances in good repair (if supplied by landlord);
(11)
Proper light and ventilation;
(12)
Proper room sizes;
(13)
Proper egress doors or windows;
C.
A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this article and where there is a reasonable cause to believe that there is a violation of this article, Town of Ithaca Code Chapter 205 (Property Maintenance), Town of Ithaca Code Zoning Chapter provisions related to parking or number of occupants/families, the New York State Uniform Fire Prevention and Building Code, or the Energy Code Supplement (Town Code Chapter 144).
[Amended 6-14-2021 by L.L. No. 7-2021]
D.
Owners of residential rental dwelling units that are rented as of the effective date of this Chapter 270, Article I, must apply for operating permits for the rental units by November 1, 2018. Owners of residential rental dwelling units that are not rented as of the effective date of this article but that are subsequently rented must apply for operating permits prior to rental occupancy.
E.
Failure of an owner of any residential rental dwelling unit that
is required to have an operating permit to apply for an operating
permit in a timely manner, to obtain an operating permit after inspection,
or to maintain a valid operating permit after it is granted throughout
the period of rental occupancy shall be deemed a violation of this
article, and a Code Enforcement Officer may order that such rental
unit(s) be vacated within a specified time after notice of violation,
unless the property is brought into compliance within a reasonable
time frame as specified in the notice of violation. If a violation
persists beyond the time frame specified in the notice of violation,
and the property is ordered vacated, the property must be kept vacated
until it is brought into compliance.
F.
Over-occupancy. Verified over-occupancy shall constitute a violation
of the operating permit. After the issuance of an order to remedy,
the property owner shall have 30 days to comply with applicable occupancy
limits.
A.
Any person, association, firm, corporation or other entity found
by a court to have violated any provision of this article or to have
assisted in the violation of any provision of this article shall be
guilty of a violation, punishable:
(1)
By a fine of $350 for conviction of a first offense;
(2)
By a fine of $700 for conviction of the second of two offenses, both
of which were committed within a period of five years;
(3)
By a fine of $1,000 or by imprisonment for a period of up to 15 days,
or both, for conviction of the third of three offenses, each of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate additional
violation.
Pursuant to Public Officers Law Article 6 (also known as the
"Freedom of Information Law"), § 87(2)(b), personal information
identifying tenants may be exempt from disclosure under the Freedom
of Information Law on the grounds that such disclosure would constitute
an unwarranted invasion of personal privacy. The Town of Ithaca will
not collect the identities of tenants as part of the operating permit
application process. The identities of tenants may be collected in
connection with specific enforcement actions, but the identities may
be exempt from disclosure under the Freedom of Information Law.
