The City Council has determined that there exists in the City
of Newburgh a significant number of non-owner-occupied rental units.
Non-owner occupants are less able to maintain daily oversight of their
properties to ensure compliance with applicable laws, rules, and regulations.
The City Council finds that the registration of rental properties
is intended to and will ensure the protection of persons and property
in all existing rental structures and on all premises required to
be registered under this chapter. Further, the registration of rental
properties will ensure that rental property owners adhere to applicable
code provisions governing the use and maintenance of rental properties,
including provisions limiting the maximum occupancy for which a rental
property can be certified. It is the purpose of this chapter to protect
the health, safety, and welfare of the residents of the City of Newburgh,
as well as to protect the City's housing stock from deterioration
by establishing a program for registering and identifying residential
rental properties and for determining the responsibilities of owners
of residential rental properties.
As used in this article, the following terms shall have the
meanings indicated:
AGENT
Any person who has charge, care, or control of a building,
or part thereof, in which rental dwelling units or rooming units are
let.
BUILDING
A combination of materials, whether portable or fixed, having
a roof to form a structure affording shelter for persons, animals,
or property.
CODE
The City of Newburgh Code of Ordinances and the New York
State Uniform Fire Prevention and Building Code.
DWELLING
A building used in whole or part for residential uses.
DWELLING UNIT
A single unit providing complete, independent, law-compliant
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
MUNICIPAL OFFICER
The Fire Chief, Code Compliance Supervisor, Building Inspector,
or other such official within the Fire Department or the Bureau of
Code Compliance as may be designated in writing.
OWNER
Any individual or individuals, limited liability company,
partnership, or corporation or any similar type of business organization,
whether for profit or otherwise, in whose name title to a building
stands, including a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee, agent, or any other person,
firm, or corporation directly or indirectly in control of the property.
Each, any, and all such persons shall have a joint and severable obligation
for compliance with the provisions of this chapter.
OWNER-OCCUPIED DWELLING
A dwelling occupied by an individual owner or by members
of his or her family on a nonrental basis. For the purposes of this
chapter, "owner-occupied" shall not include any building owned by
a limited liability company, partnership, corporation, or: any similar
type of business organization, including, but not limited to, a mortgagee
or vendee in possession, assignee of rents, receiver, executor, .trustee,
lessee, or agent.
RENTAL PROPERTY
All buildings that contain a dwelling unit or a rooming unit
that is rented, leased, let, or hired out to be occupied for residential
or mixed use (commercial-residential) and are not owner-occupied.
ROOMING UNIT
Any furnished room for rent within a building and forming
a single sleeping space.
TENANT
A person, not the legal owner of record, occupying or in
possession or control of a dwelling, dwelling unit or a rooming unit.
No rental license shall be issued or renewed unless the rental
property and its premises conform to the Code of Ordinances of Newburgh
and the laws of the State of New York.
No rental license shall be transferable to another person or
to another rental property. Every person holding a rental license
shall give notice, in writing, to the municipal officer within 10
business days after having legally transferred or otherwise disposed
of the legal control of any licensed rental property. Such notice
shall include the name and address of the person succeeding to the
ownership or control of such rental property.
The municipal officer may issue rules and regulations for the
administration of the provisions of this article.