[HISTORY: Adopted by the Board of Trustees of the Village
of Plandome Manor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-21-2020 by L.L. No. 1-2020]
The Board of Trustees has determined that there exist in the
Village of Plandome Manor serious conditions arising from the rental
of dwelling units that are substandard or in violation of the Village
Code and New York State Uniform Fire Prevention and Building Code,
are inadequate in size, are overcrowded and dangerous, create blight,
tend to overburden municipal services, pose a danger to life, limb
and property and promote or encourage deterioration of the housing
stock of the Village. The Board of Trustees finds that new Code provisions
will serve to halt the proliferation of such conditions and that the
public health, safety, welfare and good order and the governance of
the Village will be enhanced by enactment of the regulations set forth
in this article.
Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies of the Village, county or state
or existing requirements of any other provision of local laws or ordinances
of the Village or county or state laws and regulations. In the case
of a conflict between this article and other regulations, that which
sets the more stringent requirement will prevail.
As used in the article, the following terms shall have the meanings
indicated:
A structure or building or part thereof, or any area, room,
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
The owner or any other person or persons or entity or entities
who or which have the right to possession of a dwelling unit, except
a public housing authority organized as such under the laws of the
State of New York, and such other similarly situated entity as may
be determined by the Building Superintendent. Under this definition,
a tenant can be an owner in relation to a subtenant.
A return, in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use. There shall
be a rebuttable presumption that any occupancy or use of a dwelling
unit is a rental occupancy if the owner of the building containing
the dwelling unit does not reside in the same building. A rental occupancy
shall also occur where the owner of any residential building or dwelling
unit allows another to occupy such residential building or dwelling
unit where the owner is not also a resident.
The presence or existence of any of the following shall create
a rebuttable presumption that a premises is rented:
The property is occupied by someone other than the owner, and
the owner of the property represents in writing or otherwise, to any
person or establishment, business, institution or government agency,
that he resides at an address other than the rental property.
Persons living in premises represent that they pay rent to the
owner of the premises.
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner.
Testimony by a witness that it is common knowledge in the community
that a person other than the record owner resides in the premises.
There is more than one mailbox at the premises.
There is more than one gas meter at the premises.
There is more than one electric meter at the premises.
There are separate entrances for segregated parts of the dwelling.
There are partitions or internal doors which may serve to bar
access between segregated portions of the dwelling, including but
not limited to bedrooms.
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among its owner(s)
and/or occupants and/or persons in possession thereof.
The inability of any occupant or person in possession thereof
to have unimpeded and/or lawful access to all parts of the dwelling
unit.
Two or more kitchens each containing one or more of the following:
a range, oven, hot plate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator.
Nothing herein shall be construed to prevent persons living
together as a family unit, with the owner, as defined by this Code.
It shall be unlawful for the owner of any building, or portion
thereof, used for residential purposes to allow, permit or suffer
the occupancy thereof as a separate dwelling unit for someone other
than the owner without a rental registration pursuant to this chapter.
It shall be immaterial whether or not rent or any other consideration
is paid to the owner by the occupant of such dwelling unit.
A.
Registration of such rental shall be made, in writing, to the Superintendent
of Buildings on a form provided therefor and shall contain the name
of the applicant, the location of the premises and the number of dwellings
and units and persons to be accommodated.
B.
Each application shall be accompanied by a survey or sketch to scale
showing the size and location of the premises, all buildings and structures
and a floor plan to scale of each dwelling unit and accommodation.
C.
Each application shall be executed by and sworn to by the owner of
the premises or such person who operates such premises if other than
the owner with a written authorization by the owner.
A.
No registration or renewal thereof shall be issued under any application
unless the property shall be in compliance with all the provisions
of the Code of the Village of Plandome Manor, the laws and sanitary
and housing regulations of the County of Nassau and the laws of the
State of New York.
B.
It shall be unlawful for the owner or managing agent to submit for
filing pursuant to this article false or misleading statements or
information, or to submit for filing a certification or other document
generated by one who did not inspect all portions of the rental property;
A rental registration shall be valid for a period of two years
from the date of issuance.
A.
The fees for rental registration shall be set by resolution of the
Board of Trustees and may be amended from time to time in its discretion.
B.
A late charge equal to two times the amount of the applicable registration
fee, prorated for the period of time constituting the overdue period,
shall be paid for the renewal of any expired registration required
by this article. Said late charge shall be in addition to the basic
registration fee.
