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:
CODE ENFORCEMENT OFFICER
The Building Inspector or the Commissioner of Buildings of
the Village of Lake Success or their delegates or assistants.
DWELLING
A building or structure designed for and occupied exclusively
as a home or residence for not more than one family.
FAMILY
A.
A family shall constitute either:
(1)
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.
B.
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.
OWNER
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.
RENT
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.
RENTAL DWELLING
A dwelling established, occupied, used or maintained for
rental occupancy.
RENTAL OCCUPANCY
A.
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.
B.
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.
C.
A rental occupancy is permitted only if the term of the rental
occupancy is a minimum of one year.
D.
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.
TRANSIENT RENTAL OCCUPANCY
A.
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.
B.
A transient rental occupancy is not permitted.
C.
A tenant in possession is prohibited from subleasing or otherwise
licensing the use or occupancy of any portion thereof.
D.
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.
E.
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.
VILLAGE FACILITIES
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.
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:
A. The filing of a valid rental registration form for the tenancy as required by §
83-4A and
B.
B. The filing of a copy of the lease rental agreement as required by §
83-4C.
C. The filing of an owner's affidavit as required by §
83-4C.
D. The filing of photo ID for all occupants who will be living in the
rental dwelling.
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.