[HISTORY: Adopted by the Town Board of the Town of Amherst 2-4-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
The Town Board of the Town of Amherst hereby finds and declares
that the management and rental of residential properties constitutes
a business which impacts upon the public health, safety, general welfare,
comfort, peace and prosperity of the people of the Town of Amherst.
The intent of this Chapter is to regulate the management of residential
rental properties to protect the public health, safety, general welfare,
comfort, peace and prosperity of the people of the Town of Amherst
by providing for a licensing procedure for property managers who engage
in the management of three (3) or more residential units in the Town
of Amherst.
As used in this Chapter, the following terms shall have the
meanings indicated:
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a person for living, sleeping,
eating, working and access to sanitation facilities at all times.
The engaging on behalf of an owner of residential property
of those activities commonly associated with the operation and rental
of three (3) or more residential rental units, including but not limited
to the advertising or soliciting of apartments or rental units for
rent; tenant review and screening; the collecting and/or oversight
of rental profits; and/or the conducting of and/or arranging for minor
repairs and maintenance of residential properties in the Town of Amherst.
An individual or entity who engages in the property management
of three (3) or more residential rental units in the Town of Amherst.
The individual must reside in Erie, Niagara or Genesee Counties or
the entity must be based in Erie County. A residential property occupied
by its owner shall not be included in any calculation to determine
property manager status.
For the purposes of this section and only this section the
term "residential" shall refer to a property with any number of dwelling
units and is not limited to one- or two-unit properties. If a dwelling
unit is owner-occupied, that unit will not be included in the calculation
to determine property manager status. For example, if a property has
three (3) dwelling units and one unit is occupied by the owner of
the property, a property manager is not required for the property.
A residential unit shall not include a facility which targets residents
over the age of 55 or a senior living facility.
No person, firm, corporation or entity shall act as a property
manager or engage in property management activities within the meanings
of this Chapter for three (3) or more non-owner-occupied, residential
rental units without first obtaining a license from the Commissioner
of Building.
A.Â
Every applicant for a license issued pursuant to this Chapter shall
submit the following information to the Building Department:
(1)Â
The name, address, e-mail address (if applicable) and telephone number
of the individual or entity applying for the license. The address
provided shall be in Erie, Niagara or Genesee Counties.
(2)Â
A description of all properties proposed to be managed by the applicant,
including the street addresses, owners and number of units.
(3)Â
Proof of liability and casualty insurance in amounts satisfactory
to the Building Department, if deemed necessary by the Commissioner
of Building or his/her designee.
(4)Â
If an applicant will collect rents or negotiate rental of property,
a copy of his New York State real estate broker's license is
required. If an applicant is licensed as "Associate Real Estate Broker"
or "Real Estate Salesperson" a copy of the real estate broker's
license they work under is required. If an applicant is strictly performing
maintenance and no rents are collected or negotiating of rental property
is done, then a broker's license is not required.
(5)Â
Other additional information as required by the Building Commissioner.
B.Â
The information required by this Chapter shall be filed and updated
annually with the Building Department.
A.Â
All applications for licenses and renewals thereof shall be referred
by the Commissioner of Building to the Amherst Police Department for
approval. Upon receipt of said referral, the Amherst Police Department
shall promptly cause an investigation to be made into the criminal
background and professional fitness of the applicant and shall promptly
report to the Building Commissioner as to whether or not approval
and issuance of the license is recommended. If approval is not recommended,
such report shall state the reasons therefore.
B.Â
All applications for licenses and renewals shall also be forwarded
to the Planning Department, Building Department and Town Attorney
for review and comment. The relevant department shall have fourteen
(14) days to review and comment upon the application after its receipt
thereof, based on his/her familiarity with the applicant from past
cases they may have been involved in.
C.Â
All new applications for a property manager license shall be referred
to the Town Board for approval.
A.Â
If a property manager collects rents or negotiates the rental of
property, a real estate broker, associate real estate broker or real
estate salesperson license as issued by the New York State Department
of State pursuant to Article 12-A of the New York State Real Property
Law is required. As per Article 12-A of the New York State Real Property
Law, a property manager or property management company who negotiates
the rental of property or collects rents is required to be licensed
as a real estate broker, associate real estate broker or real estate
salesperson in the State of New York.
B.Â
Upon approval of the license, a property manager must contact tenants
in all dwelling units managed by the property manager and provide
them with contact information as the property manager or property
management company. This must be completed within thirty (30) days
of approval.
C.Â
If, subsequent to receiving a property management license, a property
manager acquires additional properties in the Town of Amherst, he/she
shall notify the Building Department, in writing, of the additional
properties he/she now manages. Said notification must occur within
forty-five (45) days of acquiring the additional properties.
D.Â
If a property manager is found by the Town to be in violation of
this Chapter, or any section of the Town Code pertaining to his duties
as a property manager, the Town Board shall have the authority to
summon him/her to appear before it for review of his/her license.
E.Â
The Town of Amherst may impose additional conditions upon any license
issued pursuant to this Chapter.
All licenses issued pursuant to this Chapter shall expire annually
on the 31st day of March unless otherwise approved by the Town Board.
Each new applicant for re-issuance or renewal shall be required to
submit a new application in accordance with the requirements set forth
in this Chapter.
The Town of Amherst, its departments, and agents may inspect
any property managed by a licensee at any reasonable hour.
A license issued pursuant to this Chapter may be revoked or
suspended for cause by the Building Commissioner after notice and
a hearing. Any violation of or failure to comply with any of the laws
or ordinances applicable to the management of residential properties,
fair housing complaints or tenants rights complaints shall be cause
for revocation or suspension. The Building Commissioner may consider
such factors, including, but not limited to, the property manager's
conduct during the license period, including relevant criminal or
housing court actions and dispositions, the nature and disposition
of any notices of violation issued for conduct at any of the properties
included on said license and the nature and frequency of complaints
about the properties generated from, among other sources, Police Department
incident reports, 911 calls, complaints to the Building Department,
property inspection reports and other verifiable information reported
to the Town. The procedures for revocation or suspension shall be
as follows:
A.Â
Whenever the Building Commissioner determines that a building or
a dwelling unit contained therein is in violation of the housing code,
he/she shall issue a notice of violation setting forth at a minimum:
B.Â
Such notice may contain any additional information as determined
by the Building Commissioner which may be necessary to achieve the
goals of this Chapter.
C.Â
For purposes of this Chapter, the Building Commissioner, upon good
cause shown, may grant additional time to correct violations of the
housing code beyond thirty (30) days for sufficient cause as determined
by the Building Commissioner. Any such extensions shall be issued
in writing by the Building Commissioner stating the reasons for such
extension and otherwise in accordance with the requirements of this
Section.
Licenses issued hereunder are not transferable.
The fees for licenses issued pursuant to this chapter shall
be Seventy-Five Dollars and Zero Cents ($75.00). Any individual or
entity possessing proof of a valid "Real Estate Broker," "Associate
Real Estate Broker" or "Real Estate Salesperson" license as issued
by the New York State Department of State pursuant to Article 12-A
of the New York State Real Property Law shall be exempt from having
to pay the fee provided for in this Chapter upon the presentation
of said license to the Building Commissioner.
The provisions of this Chapter are severable. If any court of
competent jurisdiction decides that any section, clause, sentence,
part, or provision of this Chapter is illegal, invalid, or unconstitutional,
such decision shall not affect, impair, or invalidate any of the remaining
sections, clauses, sentences, parts, or provisions of the Chapter.
