[HISTORY: Adopted by the Board of Trustees of the Village
of Haverstraw 3-1-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
A.
The Village Board of the Village of Haverstraw recognizes that the
short-term rental of dwelling units constitutes a business which impacts
upon the public health, safety and general welfare of the people of
the Village of Haverstraw. The intent of this chapter is to create
a registry to the offering for short-term rentals of dwelling units
in one- and two-family residential buildings, so as to facilitate
the enforcement of New York Building and Fire Codes as well as the
Village Code of Haverstraw in relation thereto in order to protect
the public health, safety and welfare of the people of the Village
of Haverstraw and to achieve the following beneficial purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons occupying dwellings; and
(3)
The preservation of the value of land and buildings throughout the
Village of Haverstraw.
A.
All landlords and resident agents must register and obtain a short-term
rental permit from the Village of Haverstraw within 30 days of the
effective date of this chapter and/or before any housing or dwelling
unit is utilized as a short-term rental property. Initial registration
will begin within 30 days after this chapter becomes effective. It
is the responsibility of the landlord or resident agent to register
any short-term rental property as required in this chapter and failure
to do so shall constitute a violation of these regulations and is
subject to the penalties set forth herein. All absentee landlords
must have a resident agent for all short-term rental properties. Any
substandard condition identified during an annual inspection must
be corrected by the landlord before a short-term rental permit shall
be issued.
For use in this chapter only, the following words and phrases
shall have the meanings respectively ascribed to them in this section:
Includes but is not limited to a wedding, bachelor or bachelorette
party, or similar party activity.
A single- or two-family dwelling unit providing complete,
independent living facilities for one or more persons, including permanent
provisions for living, eating, cooking and sanitation.
A parent, child, sibling, spouse, grandparent, domestic partnership.
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
A one- or two-family house or multiple dwelling building
used by the owner as his or her or their principal residence (domicile).
A return, in money, property or other valuable consideration
(including payout in kind or services or other thing of value), for
the use and occupancy or the right to the use and occupancy of a rental
property, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
A bedroom or group of bedrooms in a one- or two-family house
used for short-term rentals, where there are no provisions for eating
or cooking, but may include the use of private or shared bathroom
facilities.
Can be comprised of dwelling unit(s), a room, or a group
of rooms legally established within one- or two-family residences
that may or may not be owner-occupied, other than the owner's
immediate family, where the dwelling unit(s), room or group of rooms
are rented, leased or otherwise assigned for a tenancy of less than
30 consecutive days and where no meals are served. The "short-term
rental" does not include mixed-use buildings, multiple dwelling buildings,
dormitories, hotel or motel rooms, bed-and-breakfast inns, or boarding
or lodging houses.
Those persons who have leased the dwelling unit from the
owner or landlord, regardless of the type of tenancy under which they
occupy the rental unit.
A.
Permit required. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
without first having obtained a short-term rental permit. The failure
or refusal to obtain a short-term rental permit shall be deemed a
violation of this chapter.
B.
Owner-occupancy. If the owner occupies such dwelling unit during
the short-term rental lease, the owner must comply with all applicable
occupancy limits of the Village Code of the Village of Haverstraw
including but limited to the Building and Zoning codes of the Village
of Haverstraw. The failure of the owner to comply with occupancy limits
shall be deemed a violation of this chapter.
C.
Advertisement. An application for a short-term rental permit shall
be filed before the room(s) or dwelling unit(s) are advertised for
short-term rental, and if the spaces are not advertised, then such
permit shall be obtained before the room(s) or dwelling unit(s) are
leased or rented. The short-term rental permit number shall be noted
on the advertisement. Any person who advertises the space for rent
or lease or rents the room(s) or dwelling unit(s) as short-term rentals
without first having obtained a short-term rental permit shall be
deemed to be in violation of this chapter.
D.
Signage. It shall be unlawful to place signage on property advertising
or identifying any portion of the property as a short-term rental.
Any person who violates the provisions of this section shall be deemed
in violation of the chapter.
E.
Parking. All vehicles attributable to short-term rentals shall be
parked on site in parking spaces provided for such purposes when the
vehicles are not in use. Any person who violates the provisions of
this section shall be deemed to be in violation of the chapter.
F.
Permitted number of days. It shall be unlawful for the property owner
to use, establish, maintain, operate, occupy, rent or lease any portion
of his/her property as a short-term rental for more than 90 days out
of a calendar year and no more than 30 consecutive days. Any person
who violates this provisions of this section shall be deemed to be
in violation of the chapter.
G.
Cooking and sleeping facilities. It shall be unlawful to have cooking
facilities in rooms used for sleeping except for those premises having
a valid permit issued by the Village of Haverstraw.
H.
Assembly. It shall be unlawful for a short-term rental property to
be utilized for assembly between 10:00 p.m. and 7:00 a.m. Any person
who violated this provisions of this section shall be deemed to be
in violation of the chapter.
I.
Pools. It shall be unlawful for a property owner to rent the use
of his/her pool as a short-term rental.
J.
Conditions and restrictions. It shall be unlawful for a property
owner to violate, fail, neglect or refuse to fully comply with any
condition, restriction or requirement of the short-term rental permit.
Any person who violated this provisions of this section shall be deemed
to be in violation of this chapter.
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short-term
rental:
A short-term rental permit shall be valid for a period of two
years from the date of issuance unless sooner terminated or revoked.
A.
Application. Applications for short-term rental permits shall be
on forms provided by the Haverstraw Building Department. Every application
for a permit should be accompanied by a nonrefundable fee which shall
be set by resolution from time to time by the Village Board. In no
instance shall the filing of an application and payment of fees be
construed as to exonerate the property owner of responsibility for
compliance with the building, housing, fire and maintenance requirements
of any local, state, or federal agency having jurisdiction. Each application
shall include the following:
(1)
The name and address, email address and contact numbers of all property
owners; and
(2)
Government-issued proof of residency of each owner with picture ID
(driver's license, passport, etc.); and
(3)
The property address; the total number of dwelling units located
within the building; the total number of bedrooms and bathrooms inside
the building; the total number of dwelling units and individual bedrooms
proposed for short-term rental use; the location of each such dwelling
unit or individual bedroom within the building; and the number of
persons to be accommodated in each short-term rental area; and
(4)
The number of existing on-site parking spaces, and the number of
available on-site parking spaces for short-term rentals; and
(5)
A signed and notarized certification in a form acceptable to the
Building Inspector by each property owner attesting to the fact that
no meal service is being provided; that the property owner will comply
with all of the conditions and restriction of the permit; that no
portion of the area used for short-term rental will utilize the basement/cellar,
attic or garage as habitable space unless it meets all the requirements
of the NYS Fire and Building Code and the Village Code; that the property
is in compliance with all provisions of this chapter and the required
building permits, certificates of occupancy are in place for all existing
structures on the property; and
(6)
Such other information or documentation deemed necessary by the Building
Inspector.
(7)
The property owner must supply the Building Department with emergency
contact information. Such information shall include, but not be limited
to: the name, address, and phone number for the property owner, if
local, or a local agent who will be available for problems/emergencies
if one should arise. The emergency contact information, as well as
instructions for dialing 911 for emergency/fire/ambulance assistance,
shall be posted on or about the inside of the front door of each short-term
rental occupancy dwelling unit.
B.
Duty to amend. If the status of the information changes during the
course of duration of the permit, it is the responsibility of the
owner to submit such changes to the Building Department in writing
within 30 days of the occurrence of such change. Failure to do so
shall be deemed a violation of this chapter.
A short-term rental permit may be renewed by application to
the Building Department with payment of a nonrefundable renewal fee
which shall be set by resolution from time to time by the Village
Board and the production of any documents deemed necessary by the
Building Inspector. All applications for a renewal of a permit shall
be filed before the expiration of the original permit.
A.
Transferability. Short-term rental permits are not transferable.
Any person who transfers a permit or uses a permit that has been transferred
shall be in violation of this chapter.
B.
Authority of Building Inspector. The Building Inspector or his designee
may issue a permit upon such restrictions and conditions he/she deems
reasonable and necessary.
C.
Conditions and restrictions of a short-term rental permit. All permits
issued pursuant to this chapter shall be subject to the following
conditions and restrictions, whether or not they are itemized on the
permit:
(1)
There shall be no signage on the property advertising or identifying
the short-term rental; and
(2)
The property shall have no commercial-type lighting outside the building;
and
(3)
All outward appearances of the property in which the short-term rental
will be located must remain as it was before the permit was issued.
A new entrance (doorway) shall not be installed by the applicant to
accommodate the short-term rental.
(4)
Sufficient on-site parking must be available. All Village Codes relating
to parking on paved surfaces must be complied with.
(5)
Every bedroom in a short-term rental must meet all NYS Building and
Fire Code minimum square footage of floor area per number of individuals
allowed under the Code. All Village Codes regarding square footage
of floor area must also be met. The calculation of occupancy will
be determined using the NYS Building and Fire Code.
(6)
There shall be no cooking facilities in rooms; and
(7)
No more than a total of 90 days of short-term rentals shall occur
within a calendar year; and
(8)
Traffic attributed to the short-term rental must not result in significant
adverse impacts to existing traffic patterns not create a hazard to
pedestrians in the neighborhood. Significant adverse impact on neighborhood
traffic could result in the revocation of the short-term rental permit;
and
(9)
Compliance with the Village Code shall be required; and
(10)
There shall be no assembly at the short-term rental property
between the hours of 10:00 p.m. and 7:00 a.m.; and
(11)
The property owner shall maintain a registry of the names and
dates of occupancy of the short-term rental occupants. This registry
may be produced for review upon request of the Building Inspector;
and
(12)
The property owner shall maintain compliance with all applicable
state, federal, and local laws.
D.
Notification requirements. The Building Inspector shall provide a
packet of information with the issuance of each permit summarizing
the restrictions, guidelines and requirements applicable to the short-term
rental use. The property owner of the short-term rental shall provide
a copy of the information packer to the occupant(s) of the short-term
rental property.
An application for the issuance of a short-term rental permit,
or renewal thereof, may be denied under the following circumstances:
A.
Failure of the owner to file a full, true and complete application;
or
B.
Occupancy of the property or the short-term rental use area(s), by
the persons using the premises, creates a hazard or public nuisance
or other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community as determined by the
Building Inspector; or
C.
The property has open violations issued by the Building Department
or other department within the Village of Haverstraw and/or the Rockland
County Department of Health; or
D.
The property owner had a previous short-term rental permit revoked
by the Village of Haverstraw; or
E.
The property owner(s) were issued two or more noise ordinance violations
during the previous 12 months.
The grounds upon which a permit can be revoked shall include
but not be limited to the following:
A.
The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing; or
B.
Failure to comply with or violate the conditions and restrictions
of the permit as established by the Building Inspector; or
C.
Occupancy of the property or the short-term rental area(s) by the
person(s) using the premises creates a hazard or public nuisance or
other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community, as determined by
the Building Inspector; or
D.
Failure to maintain compliance with all applicable state, federal
and local laws.
Revocation notices shall be in writing, shall identify the property
or premises, shall specify the violation or remedial action to be
taken and shall provide that said violation must be corrected within
10 days from the receipt of said violation notice unless said ten-day
period shall be extended in the discretion of the enforcement officer
issuing such revocation notice or unless a shorter period of time
has been prescribed for in this chapter. Revocation notices shall
be served by hand delivery at the property or by posting on the front
door of the residence if no one is available for delivery, or by regular
mail or certified mail. If notice is returned by the Post Office as
undeliverable for any reason, as long as it was properly addressed,
service of the notice shall be valid. The landlord and resident agent
may file a written notice of appeal by hand delivery of mail received
by the Village Clerk's office prior to the expiration of the
said ten-day period.
A.
The Building Inspector or his/her authorized agent shall make provisions for the inspection of each short-term residential residence rental premise which is subject to the provision of this chapter and shall notify each owner/landlord of each short-term rental premises as to the time and place of such inspection. The inspection shall be for the purposes of determining compliance with this Chapter 182 of the Village Code and other applicable laws and shall expressly include each instance the determination of the presence of functioning and proper placement of smoke and carbon monoxide detectors as well as fire extinguishers pursuant to the provisions of state law and the Village Code.
B.
Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation of this chapter of the Village Code shall be remedied by the owner within 10 days of the issuance of such report. Failure to bring any dwelling unit into conformance with such report within 10 days of the issuance of such report shall constitute a violation of this chapter.
A.
If the Building Inspector denies an application for short-term rental,
denies an application for renewal of a permit for short-term rental,
or revokes a permit for short-term rental, it shall be done in writing,
reciting the grounds for denial or revocation.
B.
An applicant or permittee, as applicable, may appeal from such denial
or revocation by filing a written request for a hearing before the
Village Board. Such request shall be filed with the Village Clerk.
C.
Upon receipt of such request, the Village Clerk shall schedule same
for the next regularly scheduled Village Board meeting, affording
the appellant at least five days' written notice of the place,
date and time of the hearing, and publish notice of same.
D.
At the hearing, the appellant shall be afforded reasonable opportunity
to be heard. The public shall be afforded reasonable opportunity to
be heard. The appellant shall bear the burden of proof by a preponderance
of the credible evidence to show that the determination of the Building
Inspector was arbitrary or capricious or in excess of his authority.
The decision of the Village Board shall be final and conclusive.
At the request of the Inspecting Office, the Village Attorney
is authorized to make an application to Justice Court of the Village
of Haverstraw or any other court of competent jurisdiction for the
issuance of a search warrant, to be executed by a police officer,
Building Inspector, Fire Inspector or Code Enforcement Officer to
conduct an inspection of any premises to be subject to the registry
jurisdiction of the chapter. The Inspecting Office may seek a search
warrant whenever the owner or occupant fails to allow inspection of
any short-term rental dwelling unit where there is reasonable cause
to believe that a violation of this chapter or a violation of the
New York State Uniform Fire Prevention and Building Code or any code
of the Village of Haverstraw has occurred. The application for a search
warrant shall in all respects comply with applicable laws of the State
of New York.
Nothing in this chapter shall prevent any member of the public,
prospective tenant or any resident of the Village of Haverstraw from
determining whether any particular short-term rental property has
been registered pursuant to this chapter. The general public shall
have access to said owner/landlord registration statements upon filing
of the proper Freedom of Information Lawform.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
chapter.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.
A.
Any person or entity that shall violate any of the provisions of
this chapter or who fails to comply with any of the requirements thereof
shall be guilty of a violation, punishable by:
(1)
A fine of not less than $3,500 and not exceeding $5,000 upon conviction
of a first offense.
(2)
A fine of not less than $7,000 nor more than $10,000 for a conviction
of the second of two offenses both of which were committed within
a period of five years.
(3)
A fine of not less than $10,000 nor more than $15,000 for a conviction
of the third of three offenses, all of which were committed within
a period of five years.
B.
Each week a violation continues shall be deemed a separate offense
subjecting the offender to additional fines in the amount equaling
the original fine.
C.
Civil remedies. In the event an owner fails or refuses to correct
a violation under this chapter, the Village may commence a civil action,
request injunctive relief against the violation, and seek money damages
to compensate the Village for the costs it has and will incur because
of the violation including reasonable attorney's fees expended
by the Village.
D.
Other remedies. The remedies provided for in this section are in
addition to, and not in lieu of, all other legal remedies, criminal
or civil, which may be pursued by the Village to address any violation
of the Village Code or other public nuisance.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, then the property covered by this chapter will be assessed
for the unpaid penalties and shall be collected in the same manner
and time as Village taxes.
A.
The Building Inspector and/or Code Enforcement Officer and/or Fire
Inspector and/or his or her assistants shall be responsible for investigating
and documenting violations of any case of this chapter within the
Village of Haverstraw.
B.
Prosecutions for violations of this chapter may be instituted in
the Village Justice Court of the Village of Haverstraw or any other
court of competent jurisdiction.
C.
The Village Attorney may institute an action in the Supreme Court
of the State of New York, County of Rockland, for appropriate injunctive
relief pursuant to Village Law.
If any section, paragraph, clause, provision or portion of this
chapter shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the balance of this chapter as a
whole or any part or provision other than the part held to be invalid
or unenforceable.
