[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Grove 12-15-2022 by L.L. No. 5-2022. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated. Any definition of a stated term that exists in
the Uniform Code of the State of New York shall supersede the definition
stated in this chapter:
A building that provides sleeping accommodations, with or
without compensation, on either a transient or permanent basis, with
or without meals, but without permanent cooking facilities for individual
occupants.
The Building Inspector or Deputy Building Inspector of the
Village of Lake Grove.
Village Building Inspector, Deputy Inspector, Code Compliance
Technician, Code Enforcement Official, Building and Fire Safety Inspector,
Town or Village Fire Marshal, Fire Chief, or other code enforcement
official or person appointed by the Mayor and approved by the Board
of Trustees to enforce the Lake Grove Village Code and other state
and local codes and regulations.
A room designed as a bedroom having a closet, a common room
used for sleeping purposes. Rooms having other purposes, such as dens,
family rooms, dining rooms, living rooms or hallways, are not to be
interpreted as "conventional bedrooms" or used for sleeping or living
purposes. A room may not be converted to a conventional bedroom without
the permission of the Building Department.
A structure or building, one-family dwelling, or part thereof,
which has either a single, kitchen or accommodation for cooking, and
is occupied or to be occupied by one or more persons as a home or
residence, excluding a boarding house or rooming house.
One or more persons related by blood, adoption or marriage,
or a domestic partnership, living and cooking together as a single
housekeeping unit, or the factual and functional equivalent of the
same, living and cooking together as a single housekeeping unit and
as a relatively permanent household, and not as a framework for transients
or transient living, such as a boarding house.
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
A person contracted or employed by the owner of a property
to manage the renting and/or physical care or maintenance of a property.
One that does not conform to the applicable building, zoning
or other relevant regulations of the district in which it is situated.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame, or bedding materials in a room is presumptive evidence that
the room is being used for sleeping purposes.
Any person, partnership, corporation or other entity who,
alone or jointly with others, shall have legal title to any premises,
with or without accompanying actual possession thereof; or who shall
have charge, care or control of any dwelling unit as a cooperative
shareholder or as executor, administrator, trustee, receiver or guardian
of the estate or as a mortgagee in possession, title or control; including
but not limited to a bank or lending institution, regardless of how
such possession, title or control was obtained.
A person or entity who either has represented an owner, manager
or tenant in a rental or sale transaction resulting in violation of
this chapter.
A return, in money, property or other consideration (including
payment in kind or for services or other thing of value), for use
and occupancy or the right to 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.
A dwelling unit established, occupied, used or maintained
for rental occupancy as a one-family dwelling, under or by virtue
of a rental or lease agreement, verbal or written, or where any sum
or thing is paid for occupancy or a charge is made for use and/or
occupancy, or where occupancy is pursuant to a contract of sale or
installment payment contract, or free of payment by the occupant where
payment is made by another individual, organization or agency, or
any other occupancy or arrangement for charge of any kind.
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 either in whole
or in part.
A permit which is issued upon application to the Village
Building Department and shall be valid for up to 12 months from the
date of issuance (rental permit). Each rental permit shall be on an
application and form that is approved by the Building Department and
shall be assigned a unique number. A rental permit shall have a copy
of the lease or rental agreement attached or on file with the Village
and shall indicate the tenants or renters that are under agreement
to occupy the premises.
The owner of a real property in the Village of Lake Grove shall
have owned and used the property as their primary residence for a
period of not less than five continuous years before the owner shall
be eligible for a rental permit and to rent that property.
A.
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 person or entity who owns or rents a dwelling unit in the Village of Lake Grove to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation. Nothing within this section shall be deemed to permit an accessory apartment or to permit more than a one-family dwelling to exist within the Village or any other building or dwelling which does not conform with the residence district uses as defined in § 175-7 of the Lake Grove Village Code.
[Amended 4-21-2023 by L.L. No. 1-2023]
B.
Presumption of rent. Any dwelling, dwelling unit, rooming house,
rooming unit or any other premises subject to this chapter shall be
presumed to be rented for a fee and a charge made if said premises
are occupied by other than the legal owner thereof. There shall not
be a presumption of rent if the occupant or occupants is or are immediate
family members of the owner of the subject premises, as defined in
this chapter.
C.
"Housesitting" where an owner permits the occupancy of a dwelling
unit by a person that is not within the immediate family of the owner
for no or reduced consideration for a period of less than 30 days
shall be deemed to be a rental under this chapter.
D.
The exchange of residences where an owner shall reside in the dwelling
of another person and permit that person to reside in the owner's
residence or dwelling unit in the Village of Lake Grove shall be deemed
to be a rental under this chapter.
E.
Application for a rental occupancy permit for a rental dwelling unit
shall be made in writing by the owner of the property to the Building
Department on a form provided therefor. Such application shall include,
but not necessarily be limited to:
(1)
The name, street address, mailing address, email address and home,
work and cell numbers of both the property owner and property manager
if applicable.
(2)
The street address and Tax Map designation (section, block and lot
or lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling units intended for occupancy are located.
(3)
A description of the structure, including the number of rental dwelling
units in the structure and the number of individual sleeping units
contained in each dwelling unit.
(4)
The number of persons intended to be accommodated by, and to reside
in, each such rental dwelling unit.
(5)
For each rental dwelling unit, a description of the dwelling, including
the number of rooms in the rental dwelling unit and the dimensions
of each such room.
(6)
A property survey of the premises, drawn to a scale not greater than
40 feet to one inch, if not shown on the survey, a site plan, drawn
to scale, showing all buildings, structures, walks, drives and other
physical features of the premises and the number, location and access
of existing and proposed on-site vehicle parking facilities.
(7)
A copy of the certificate of occupancy and/or certificate of zoning
compliance and any certificates of nonconforming use as recorded by
the Incorporated Village of Lake Grove for the premises on which the
rental dwelling unit intended for occupancy is located.
(8)
Each application shall be executed by and sworn to by the owner of
the premises and shall include the declaration that there are no existing
or outstanding violations of any state, county, or local laws, rules
or regulations pertaining to the property.
A.
The Building Inspector, or his/her designee, shall review each application
for completeness and return incomplete applications or advise the
owner that the application is complete within two weeks of receipt
of the application by the Village. A determination that an existing
or outstanding violation of any state, county, or local law, rule
or regulation exists at the property shall result in an automatic
rejection of said application until the existing matter has been corrected
and/or adjudicated.
B.
Within 30 days of receiving notice from the Village of Lake Grove
of receipt of a complete application, the owner of the rental dwelling
unit shall arrange for an inspection of the rental dwelling and the
premises in which it is located by a Code Enforcement Officer employed
by the Village to ensure that the structure and the dwelling units
contained therein meet all applicable state and local laws regarding
housing, sanitary, building, electrical and fire codes, rules and
regulations, including but not limited to the New York State Uniform
Fire Prevention and Building Code. If access is refused or cannot
be obtained, the Village shall have the right to deny the rental occupancy
permit until such time as the owner complies. An owner may in lieu
of the inspection provide a floor plan of the structure on the premises
and a certification by a licensed architect or licensed engineer that
they have inspected the premises on a particular date and time and
determined that there is no violation in the premises of the Uniform
Code, the Suffolk County Health Code or the Lake Grove Village Code.
C.
Prior to any inspection, the applicant must pay a registration fee
as described in this chapter.
D.
Upon completion of the inspection by a Village Code Enforcement Officer,
he/she shall issue findings in a written report, the format of which
will be provided by the Village Building Department.
E.
The inspection and report shall be completed and filed with the Village
Building Department within 90 days of the notice of completion of
the application. If the report states that the proposed rental dwelling
unit, as well as the premises in which the same is located is within
compliance with all applicable state and local laws, rules and regulations
and that such rental dwelling unit does not create an unsafe or dangerous
condition, the Building Inspector or his/her designee shall issue
the permit, which shall state the name and address of the owner of
the subject property, the maximum number of occupants and the number
of conventional bedrooms for the structure.
F.
If during an inspection, there are found to be violations of the
NYS Building and Fire Code or violations of Village Code, the Code
Enforcement Officer shall not issue the rental property permit and
shall issue orders to remedy or appearance tickets for all such violations.
G.
Nothing in this section shall preclude the Village Code Enforcement
Officer from conducting an inspection with consent of the owner of
the rental dwelling unit, at times other than stated in this section,
when the Code Enforcement Officer has reason to believe that a violation
exists.
A.
All permits issued pursuant to this chapter shall be valid for a
period of up to one year from date of issuance.
B.
If rental dwelling property's ownership is transferred, the new owner
of the property must notify the Village and complete a new application
permit, if such property is to be rented. Rental permits are not transferable
or assignable.
C.
It shall be the duty of the Village Clerk to maintain a register
of permits issued pursuant to this chapter. Such register shall be
kept by street address, showing the name and address of the permittee,
the number of rental dwelling units at such street address, the number
of rooms in each such rental dwelling unit and the date of expiration
of permit for such unit.
A.
A renewal application for a rental occupancy permit for a rental
dwelling unit shall be made in writing by the owner of the property
to the Building Department on a form provided therefor on or 90 days
prior to the expiration date of any valid rental permit. A renewal
rental permit shall contain a copy of the prior rental permit application.
Such renewal application shall contain a signed statement setting
forth the following:
(1)
That there are no existing or outstanding violations of any state,
county, or local law, rule or regulation pertaining to the property.
A determination that an existing or outstanding violation of any state,
county, or local law, rule or regulation exists at the property shall
result in an automatic rejection of said application until the existing
matter has been corrected and/or adjudicated.
(2)
That there are no changes to any information as provided on the prior
valid rental permit application.
B.
Prior to the issuance of a renewal rental permit, the applicant must pay a registration fee as described in § 127-7 of this chapter and arrange for an inspection of the rental dwelling and the premises in which it is located by a Code Enforcement Officer employed by the Village that the structure and the dwelling units contained therein meet all applicable state and local laws codes and regulations. If access to the rental dwelling is refused or cannot be obtained, the Village shall have the right to revoke or deny the rental property permit. If there are code violations or violations of this chapter, the Village shall not issue the rental permit, and shall issue orders to remedy or appearance tickets for all such violations.
C.
In the event of the issuance of appearance tickets, a rental permit
shall not be issued to the owner until there has been a final disposition
of the violations which are the basis for the appearance ticket or
tickets before the Village Court and the conditions remedied or a
determination made by the Court that no violation had been committed.
D.
If a property owner knowingly rents a rental dwelling that is found
to be without one or more of the following: running water, heat or
heat source, electricity, sanitary facilities, windows in sleeping
spaces, cooking facilities, smoke and carbon monoxide detectors or
there is the presence of black mold in the rental dwelling, the rental
dwelling may not be rented until the condition is remedied and a reinspection
indicating that the problem or problems have been resolved has been
completed. If there are current tenants, they must be vacated in accordance
with New York State Law.
E.
The Village shall not accept, review or approve any renewal rental
applications for rental dwellings wherein the prior rental permit
expiration date has passed. If the expiration date has passed, the
application will be considered a new application, not a renewal application,
and the owner must file a new application.
A nonrefundable annual permit application fee as set from time
to time by resolution of the Board of Trustees shall be paid, upon
filing an application for a rental occupancy permit or renewal application,
in accordance with the schedule of rental dwelling unit fees. A copy
of said fees shall be kept on file in the office of the Village Clerk.
A.
The Code Enforcement Officer may recommend to the Building Department
that a rental permit should be revoked where he or she finds that
the holder of the rental permit has caused, permitted, suffered or
allowed to exist and remain upon the premises for which the rental
permit was issued for a period of 30 days or more after written notice
has been given to the holder of the rental permit or the managing
agent of such rental dwelling unit, a violation of the New York State
Uniform Code, a violation of this chapter or another chapter of the
Lake Grove Village Code or in any such case where the property owner
refuses access to the Code Enforcement Officer for an inspection as
required by this chapter.
B.
Upon the recommendation of the Code Enforcement Officer or Building
Department and after written notice by certified mail to the owner,
the Lake Grove Village Board of Trustees shall hold a public hearing
on such recommendation within 60 days after receiving the recommendation,
and after such hearing the Board of Trustees shall make written findings,
a conclusion and a decision.
No owner shall cause, permit, suffer or allow to exist any condition
at a rental dwelling or structure, or exterior property, which is
a violation of this chapter, the Lake Grove Village Code, the laws
of Suffolk County, or the laws of the State of New York, including
but not limited to the Uniform Code, and any amendments and or revisions
made thereto.
A.
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
person or entity who owns or rents a dwelling unit in the Village
of Lake Grove to use, establish, maintain, operate, let, lease, sublease,
rent or suffer or permit the occupancy and use thereof as a boarding
house or rooming house as defined in this chapter.
B.
It shall be presumed that a building is being used as a boarding
house or rooming house if any two or more of the following features
or states of facts are found to exist by the Building Inspector or
any person authorized to enforce or investigate violations of the
Code of the Village of Lake Grove or any laws, codes, rules or regulations
of the State of New York or from other competent evidence:
(1)
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the building among its owner(s) and
occupant(s).
(2)
The inability of any occupant to have lawful access to all parts
of the building.
(3)
That the structure shows evidence of an entrance(s) that is not set
forth on plans maintained or approved by the Building Department and
that the Code Enforcement Officer has cause to believe is unauthorized.
(4)
Partitions or internal doors with or without keyed locks that may
serve either to bar access between segregated portions of the building,
or to subdivide existing bedrooms into separate bedroom spaces, including
but not limited to a basement, living room or bedroom(s).
(5)
Two or more kitchens, or kitchen-type areas, each of which contains
a range, oven, refrigerator, microwave or other cooking apparatus.
(6)
The installation or use of portable kitchen appliances, including
but not limited to hotplates, microwaves or a refrigerator in bedrooms
or other non-kitchen areas.
(7)
The conversion of nonhabitable space or habitable space to bedroom
space or additional bedroom space.
(8)
Used or available parking spaces in excess of 10% of the total lot
area.
(9)
Two or more electrical or other utility meters; or
(10)
Two or more mailboxes and/or mail slots.
(11)
Two or more satellite dishes or cable lines.
(12)
Evidence that garbage, septic or water usage exceeds the reasonable
estimate of such use for the use permitted for the premises.
The Building Inspector or Code Enforcement Official of the Village
of Lake Grove or his or her designated representative, by the Village
Attorney or counsel as may be retained by the Board of Trustees, is
authorized after vote of the Board of Trustees, to make application
to the Lake Grove Village Court, District Court or Supreme Court of
Suffolk County, or any court of competent jurisdiction, for the issuance
of a search warrant in order to conduct an inspection of any premises
covered by this chapter where the owner refuses or fails to allow
an inspection of its rental premises and where there is reasonable
cause to believe that a violation of this chapter or the New York
State Uniform Code or other state or local code exists or has occurred.
The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York.
A.
Broker's/agent's responsibility prior to listing. It shall be unlawful
and a violation of this chapter for any broker or agent to list, solicit,
advertise, exhibit, show or otherwise offer for lease, rent or sale
on behalf of the owner any dwelling unit for which a current rental
permit has not been issued by the Village Building Inspector. It shall
be the broker's or agent's duty to verify the existence of a valid
rental registration before acting on behalf of the owner of a property.
B.
It shall be unlawful and a violation of this chapter to accept a
deposit of rent or security, or a commission, in connection with the
rental of a rental dwelling unit located within the Village of Lake
Grove where no valid rental registration has been issued as required
under this chapter.
C.
It shall be unlawful and a violation of this chapter for any real
estate broker or agent to list, advertise, show or otherwise offer
for lease, rent or sale on behalf of the owner any residential dwelling
in a manner inconsistent with the use reflected on the certificate
of occupancy, certificate of zoning compliance, certificate of existing
use or special permit issued for the premises. It shall be the real
estate broker's or agent's duty to verify the legal status of the
premises before acting on behalf of the owner.
D.
In the event that a person convicted of a violation of this section
shall have been a real estate broker or salesperson licensed by the
State of New York, at the time such violation was committed, the Village
Clerk shall transmit a record of such conviction to the Division of
Licensing Services of the Department of State and make complaint.
Any person, association, estate, trust, firm or corporation
or other entity which violates any provision of this chapter or assists
in the violation of any provision of this chapter shall be guilty
of a violation as that term is defined in the New York Penal Law and
which is punishable:
A.
The penalty for renting a home without a permit is up to $1,000 for
the first offense and up to $5,000 per offense thereafter.
B.
Each day that a violation of this chapter should exist shall constitute
a separate violation of this chapter.
C.
For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this chapter shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply. Each day's continued violation shall constitute a separate
additional violation that will be deemed to be charged upon the issuance
of the first appearance ticket.
D.
A violation existing at the premises shall be a violation by both
the tenant and the owner and at the sole discretion of the Village
either the tenant or the owner or both the tenant and the owner may
be charged with and prosecuted for the existence of a violation.
E.
Additionally, in lieu of imposing the fine authorized by this chapter,
in accordance with Penal Law § 80.05(5), the court may sentence
the defendant(s) to pay an amount, fixed by the court, not exceeding
double the amount of the rent collected over the term of the occupancy.
F.
The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant has cooperated with the Village
of Lake Grove in the investigation and prosecution of a violation
of this chapter.
G.
Where authorized by a duly adopted resolution of the Board of Trustees,
the Village Attorney may bring and maintain a civil proceeding, in
the name of the Village, in the Supreme Court, to permanently enjoin
the person or persons conducting, maintaining or permitting said violation
or for other relief as may be appropriate or to take such other civil
action as may be necessary to correct, prevent or remove a violation
or unsafe and hazardous condition. The owner and tenants of the residence
wherein the violation is conducted, maintained or permitted may be
made defendants in the action. The commencement of a civil proceeding
by the Village shall not be deemed or construed to be a waiver by
the Village of the right to bring an action for prosecution or enforcement
of the violation and the fines and penalties under this section or
as otherwise may be applicable under the law and the election of either
a prosecution or civil proceeding by the Village shall not be exclusive
of any other remedy. The Village shall be entitled to an award of
all costs in the proceeding, including but not limited to administrative,
engineering, filing, and other costs and legal fees, and to bring
a separate action for those costs as may be necessary.
H.
The Village shall have the right, after the determination by the
Building Inspector, or other appropriate official or employee of the
Village, that a dangerous, hazardous or unsafe condition exists on
a premises that is subject to this chapter, after the expiration of
10 calendar days from the date of the mailing of written notice to
the owner and the occupant served by regular and certified mail return
receipt requested, to enter the premises and cure, correct or repair
the dangerous, hazardous or unsafe condition, and all costs and expenses
associated with that action by the Village, (including administrative,
engineering and professional fees in the amount of 25% of the actual
costs and expenses incurred in curing, correcting or repairing the
condition), shall be reimbursed by the owner of the property to the
Village, and in the event that the amount has not been paid to the
Village within 10 days of the date of billing, the amount shall become
a lien on the property and billable in the next Village real estate
tax bill for that property. The notice required in this section shall
not prejudice or affect any other right that the Village may have
under the law to address or remedy a dangerous, hazardous or unsafe
condition, including the right to immediately enter the property to
correct a condition that is an imminent danger to life, property or
public safety.
In the event that any provision of this chapter shall be deemed
to be invalid or unenforceable, the remaining portions of this chapter
shall remain in full force and effect.
