[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Success 5-10-2021 by L.L. No. 9-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 83,
Rental Dwellings, Registry of Leases for, adopted 11-18-2019 by L.L.
No. 6-2019.
The Board of Trustees has determined that the rental of residential
dwellings in the Village of Lake Success is a health and safety concern
for Village residents. The rental of dwellings to transient persons
can overburden municipal services and promote or encourage deterioration
of the housing stock of the Village. The Board finds that the new
Code provisions will serve to halt the proliferation of such conditions
and that the public health, safety, welfare and good order and governance
of the Village will be enhanced by enactment of regulations set forth
in this chapter. The new Code provisions will also assist in protecting
the character and stability of residential areas and preserving the
value of land and buildings throughout the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector or the Commissioner of Buildings of
the Village of Lake Success or their delegates or assistants.
A building or structure designed for and occupied exclusively
as a home or residence for not more than one family.
A family shall constitute either:
One or more persons related by blood, adoption or marriage living
and cooking together as a single housekeeping unit, exclusive of household
servants; or (2) A number of persons, but not exceeding two, and their
children, living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage, shall be deemed
to constitute a family.
For the purpose of this definition, foster children under the
care of persons occupying or owning a dwelling will be considered
to be related by blood.
The person who holds title to the dwelling or any other person
or persons or entity or entities having the right to possession of
a dwelling.
A return, in money, property or other 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, whether
or not a legal relationship of landlord and tenant exists between
the owner and the occupant or occupants thereof.
A dwelling established, occupied, used or maintained for
rental occupancy.
The occupancy or use of a dwelling by a person or persons other
than the owner as defined herein as a home or residence under an arrangement
whereby the occupant or occupants thereof pay rent for such occupancy
and use.
Consistent with the Village's zoning regulations, no more
than one family may rent a dwelling at any given time, and a dwelling
may not be divided into separate housekeeping units to rent to more
than one family.
A rental occupancy is permitted only if the term of the rental
occupancy is a minimum of one year.
There is a rebuttable presumption that any occupancy or use
of a dwelling is a rental occupancy if the owner of the building containing
the dwelling does not reside in the same building.
The occupancy or use of a dwelling by a person or person other
than the owner as a home or residence under an arrangement whereby
the occupant or occupants thereof pay rent for such occupancy and
use for a period of less than one year.
A transient rental occupancy is not permitted.
A tenant in possession is prohibited from subleasing or otherwise
licensing the use or occupancy of any portion thereof.
Advertising for the subleasing of, or selling or assigning of
shares to, the dwelling by a tenant, or occupant, for the use or occupancy
of all or a portion of the dwelling is prohibited.
There is a rebuttable presumption that any occupancy or use
of a dwelling is a transient rental occupancy if the dwelling is offered
for lease on a short-term rental website, including Airbnb, HomeAway,
Vrbo,® and the like for a period of
less than one year; the dwelling is offered for lease in any medium
for a period of less than one year. This foregoing presumption may
be rebutted by evidence presented to the Code Enforcement Officer
that the dwelling is not a transient rental occupancy.
All Village facilities used by Village residents, including, but not limited to, the Village pool, golf course, fitness center and catering facility. If a dwelling is rented, only the occupant may use Village facilities pursuant to the regulations set forth in Code Chapter A116.
A.
Scope. This chapter shall apply to all rental dwellings located within
the Village, whether or not the use and occupancy thereof shall be
permitted as provided in this chapter.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations; and nothing in this chapter shall be deemed to abolish,
impair, supersede or replace existing remedies of the Village, county
or state or existing requirements of any other applicable state or
local laws, ordinances, codes or regulations. In case of conflict
between any provision of this chapter and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail. The issuance of
any permit or the filing of any form under this chapter does not make
legal any action or statement of facts that is otherwise illegal under
any other applicable legislation.
A.
Rental registration required. Any owner who wants to rent a dwelling
must first file a rental registration form with the Building Department
on a form provided by the Building Department for that purpose. Only
one rental registration per dwelling is permitted within a twelve-month
period.
B.
Content of rental registration. Such form shall be filed in duplicate
and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the
dwelling intended for rental occupancy.
(2)
The street address of the dwelling intended for rental occupancy.
(3)
The number of persons under and over the age of 18 and the dates
of birth of each person presently residing in or occupying such dwelling
intended for rental occupancy.
(4)
The name, address and telephone number, if any, of the managing agent
or operator of each such intended rental dwelling.
(5)
Such form shall be signed by the owner of the dwelling, and the statements
of such owner therein contained shall be verified under oath.
C.
D.
Notice to advertise a dwelling required. Any owner who wants to rent
a dwelling must first file a notice on a form provided by the Building
Department for that purpose. This will serve to put the Village on
notice that the owner is searching for a tenant and that the tenancy
complies with the regulations set forth in this chapter.
It shall be the duty of the Code Enforcement Officer to maintain
a registry of leases and rental agreements of all rental dwellings
in the Village. Such registry shall be kept by street address, showing
the name and address of the owner and tenant, the lease term and the
expiration of the lease term.
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy in anything less than an entire structure or
building.
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy for a term of less than one year or to enter
into or allow a transient rental occupancy.
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy in any dwelling without the owner's first
having completed and filed with the Code Enforcement Officer a rental
registration form provided by the Commissioner of Buildings. A new
form must be filed on an annual basis. The annual filing is required
even if the same tenants occupy the dwelling under the same rental
agreements.
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy without the owner first having filed with the
Code Enforcement Officer a copy of the rental agreement and a form
identifying the tenants provided by the Commissioner of Buildings.
A rental agreement and new tenant identification form must be filed
whenever a dwelling becomes vacant and the owner intends to permit
a new tenant or other person to take up residence.
Under Public Officers Law § 872(b), rental registration forms, rental agreements, tenant identification forms and that portion of the rental occupancy permit application required under § 83-4 shall 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 Code Enforcement Officer will institute strict policies to ensure that such information is available only to Village personnel who are engaged in the enforcement of the provisions of this chapter.
The following shall be conditions precedent to renting any dwelling
within the Village:
D.
The filing of photo ID for all occupants who will be living in the
rental dwelling.
A.
Within the context of rental registration enforcement and prosecutions,
the presence or existence of any of the following shall create a rebuttable
presumption that a dwelling is being used as a rental occupancy or
an illegal multiple occupancy rental:
(1)
The dwelling is occupied by someone other than the owner, or 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;
(2)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the dwelling in the name of someone other
than the record owner;
(3)
There are separate entrances for segregated parts of the dwelling;
(4)
There are partitions or internal doors which may serve to bar access
between segregated portions of the dwelling, including but not limited
to bedrooms;
(5)
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;
(6)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(7)
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;
(8)
A dwelling has been advertised in any newspaper, magazine, local
advertising publication, or posted or billed as being available for
rent;
(9)
There are motor vehicles parked at the dwelling registered to a person
or entity who is not the owner;
(10)
There is more than one mailbox at the dwelling;
(11)
There is more than one gas meter at the dwelling;
(12)
There is more than one electric meter at the dwelling;
(13)
There is more than one doorbell at the dwelling;
(14)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(15)
There are more than three waste receptacles, cans, containers,
bags, or boxes containing waste from the dwelling placed for pickup
at least twice during a weekly garbage pickup period; or
(16)
There is no electric meter annexed to the exterior of the dwelling.
B.
The presumptions set forth in Subsection A above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of residential illegal use and occupancy violations.
C.
Nothing herein shall be construed to prevent persons living together
as a family unit, with the owner, as defined by this Code.
A.
Any person, association, firm or corporation which violates any provision
of this chapter or assists in the violation of any provision of this
chapter shall be guilty of a violation, punishable:
(1)
By a fine of not less than $1,000 and not exceeding $5,000 or by
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense.
(2)
By a fine of not less than $5,000 nor more than $10,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second offense.
(3)
By a fine of not less than $10,000 nor more than $20,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense of a series of offenses, all of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation.
If any clause, sentence, paragraph, section or part of this
chapter 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 clause,
sentence, paragraph, section or part thereof directly involved in
said judgment.
This chapter shall be effective upon filing with the Secretary
of State.
