[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 4-3-2023 by L.L. No. 1-2023. Amendments noted where
applicable.]
The Incorporated Village Board has determined that there exist
in the Incorporated Village of Farmingdale serious conditions arising
from the rental of dwelling units that are substandard or in violation
of the Incorporated Village of Farmingdale 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 Incorporated Village
of Farmingdale. 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 Incorporated Village of Farmingdale will be enhanced by enactment
of the regulations set forth in this chapter.
As used in the chapter, the following terms shall have the meanings
indicated:
The Building Superintendent of the Incorporated Village of
Farmingdale or his or her delegates or assistants.
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 Incorporated Village of Farmingdale Clerk. 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. There shall
also be a rebuttable presumption that a rental occupancy exists 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.
A rental dwelling or dwelling unit occupied by persons other
than the owner or a family member of the owner and for which rent
is received by the owner, directly or indirectly, in exchange for
such rental occupation for a period of less than 30 nights. For the
purposes of this chapter, the term "transient rental property" shall
mean all non-owner-occupied dwelling units rented for a period of
less than 30 nights and shall not include properties used exclusively
for nonresidential commercial purposes in any zoning district.
Presumption of dwelling unit as transient rental property.
A.
Scope. This chapter shall apply to all rental dwelling units located
within the Incorporated Village of Farmingdale, whether or not the
use and occupancy thereof shall be permitted under the applicable
use regulations for the zoning district in which such rental dwelling
unit is located, as in this chapter provided. Nothing herein shall
be deemed to preempt the zoning of any district of the Incorporated
Village of Farmingdale. Any 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 or the portion
thereof in question is not occupied by the legal owner thereof. It
shall also be immaterial whether rent or any other consideration is
paid to the owner by the occupant of the dwelling unit as this chapter
is also intended to require a permit for the use of any dwelling unit
where the owner does not reside on the premises.
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 Incorporated
Village of Farmingdale, town, 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.
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 a dwelling unit in the Incorporated
Village of Farmingdale to establish, maintain, use, let, lease, rent
or suffer or permit the occupancy and use thereof as a rental occupancy
without having a valid permit for such rental occupancy as herein
provided. Transient rental properties shall also require a rental
occupancy permit and comply with the regulations herein applicable
to rental occupancies.
A.
Application for a rental occupancy permit for a rental dwelling unit
shall be made, in writing, to the Building Department on a form provided
by the Building Department for that purpose.
B.
Such application shall be filed in duplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the
dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map description (section, block and lot
or lots) of the premises intended for rental.
(3)
The names, ages and relationships, if any, to the owner of the premises
of each person presently residing in or occupying such premises intended
for rental occupancy.
(4)
A description of the structure, including:
(6)
The name, address and telephone number, if any, of the managing agent
or operator of each such intended rental dwelling unit.
C.
Such application shall be signed by the owner of the premises, and
the statements of such owner therein contained shall be verified under
oath.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to scale not greater than
40 feet to one inch, or 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.
(2)
A building permit application, properly prepared, for all proposed
buildings, improvements and alterations to existing buildings on the
premises, if any.
(3)
A copy of the certificate of occupancy or certificate of existing
use.
A.
Permit application fee. A nonrefundable permit application fee shall
be paid, upon filing an application for a rental occupancy permit,
in accordance with a fee schedule set by resolution of the Incorporated
Village of Farmingdale Board of Trustees from time to time, for:
B.
The Board of Trustees may waive, upon written application, by resolution
waive the fees required by this section shall be waived for any applicant
that demonstrates that it is a not-for-profit housing development
corporation organized under the laws of the State of New York and
that it is providing housing for senior citizens or other designated
special populations subject to income guidelines established by either
federal or state regulation.
A.
The Building Inspector shall review each application for completeness
and accuracy. No permit 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 Incorporated Village of Farmingdale,
the laws and sanitary and housing regulations of the County of Nassau
and the laws of the State of New York.
B.
Prior to the issuance of any such permit or renewal thereof, the
property owner shall provide a certification from a licensed architect
or licensed professional engineer that the property which is the subject
of the application is in compliance with all the provisions of the
Code of the Incorporated Village of Farmingdale, the laws and sanitary
and housing regulations of the County of Nassau and the laws of the
State of New York.
All permits issued pursuant to this chapter shall be valid for
a period of two years from date of issuance.
It shall be the duty of the Building Inspector to maintain a
register of permits issued pursuant to this chapter. Such register
shall be kept by street address and show 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 the permit for such unit.
No permit shall be issued until the Building Inspector shall
inspect the rental dwelling unit to determine that it is equipped
with the required number of functioning smoke detector devices and
carbon monoxide detectors, in compliance with the New York State Uniform
Fire Prevention and Building Code.
The Building Inspector is authorized to make or cause to be
made inspections to determine the condition of rental dwelling units.
The Building Inspector is authorized to enter upon consent of the
owner if the unit is unoccupied, or upon consent of the occupant if
the unit is occupied, any rental dwelling unit and the premises in
which the same is located at a reasonable time or at such other time
as may be necessary in an emergency for the purpose of performing
duties under this chapter.
The Incorporated Village of Farmingdale Attorney is authorized
to make application to the Supreme Court of Nassau County or other
court of competent jurisdiction for the issuance of a search warrant,
to be executed by a police officer, in order to conduct an inspection
of any premises covered by this chapter where the owner or occupant
refuses or fails, after due notice by certified mail, to allow an
inspection of the rental dwelling unit or premises and where there
is reasonable cause to believe that a violation of this chapter or
a violation of the Multiple Residence Law, the New York State Uniform
Fire Prevention and Building Code, or the Incorporated Village of
Farmingdale Code has occurred. The application for a search warrant
shall, in all respects, comply with applicable laws of the State of
New York.
A.
The Building Inspector shall revoke a rental occupancy permit where
he or she finds that the permit holder has caused, permitted, suffered
or allowed to exist and remain upon the premises for which such permit
has been issued, for a period of 10 days or more after written notice
has been given to the permit holder or the managing agent of such
rental dwelling unit, a violation of the Multiple Residence Law, New
York State Uniform Fire Prevention and Building Code, or this chapter
or other chapter of the Incorporated Village of Farmingdale Code.
Revocation of a permit under this subsection cannot be done by a delegate
or assistant of the Building Inspector. Notice shall be deemed properly
given if mailed via first-class United States mail to the address
listed on the Incorporated Village of Farmingdale's tax records.
B.
An appeal from such revocation may be taken by the permit holder
to the Incorporated Village of Farmingdale Board of Zoning Appeals.
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 unit or for a person to take
up residence by a rental occupancy without the owners first having
completed and filed with the Building Inspector a rental registration
form approved by the Incorporated Village of Farmingdale Administrator.
A new form must be filed whenever a dwelling unit or portion thereof
has become vacant, and the owner intends to permit a new tenant or
other person to take up residence.
The following shall be conditions precedent to the collection
of rent for the use and occupancy of any dwelling unit:
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 broker or agent to list, show or otherwise offer for lease,
rent or sale on behalf of the owner any dwelling unit for which a
current rental occupancy permit has not been issued by the Building
Inspector. It shall be the broker's or agent's duty to verify
the existence of a valid permit before acting on behalf of the owner.
No individual, owner, broker, agent, or other individual shall
publish a written offer or solicitation of offers to rent or lease
a rental dwelling unit unless that offer or solicitation refers by
number to a valid rental occupancy permit for the rental dwelling
unit in question. For purposes of this section, "publish" means to
promulgate to the general public, or to selected segments of the general
public, in a newspaper, magazine, flyer, handbill, mailed circular,
bulletin board, sign or any other electronic media. Violation of this
section shall be unlawful and an offense within the meaning of the
Penal Law of the State of New York.
A.
Any person, association, firm or corporation who or 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 by:
(1)
A fine of not less than $500 and not exceeding $1,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
A fine of not less than $1,000 nor more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for 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 $2,000 nor more than $5,000 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.
