Town of Babylon, NY Non-owner-Occupied Dwelling Units

[Adopted 7-16-2002 by L.L. No. 17-2002; amended in its entirety 4-9-2008 by L.L. No. 10-2008]

It shall be unlawful for the owner or person in charge of any property within the Town of Babylon, to allow, permit or suffer the existence of more dwelling units than permitted by the certificate of occupancy for said property. It shall be immaterial whether the dwelling units are occupied or vacant.

It shall be unlawful for any person to allow, permit or suffer the existence of an accessory apartment and/or accessory kitchen without first obtaining and maintaining a valid accessory apartment permit or accessory kitchen permit.

The presence or existence of any of the following shall create a rebuttable presumption that a premises is occupied by more dwelling units than permitted by the certificate of occupancy:

(1)

Multiple persons living in premises represent that they are not the owner and/or pay rent to the owner of the premises.

(2)

Utilities, cable, phone or other services are in place or requested to be installed or used at the premises by multiple dwelling units.

(3)

Testimony by a witness that it is common knowledge in the community that multiple family units exist in premises.

(4)

There is more than one mailbox at the premises.

(5)

There is more than one gas meter at the premises.

(6)

There is more than one electric meter at the premises.

(7)

There are separate entrances for segregated parts of the dwelling.

(8)

There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms.

(9)

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.

(10)

The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.

(11)

Two or more kitchens or one or more of the following: a range, oven, hotplate, 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.

§ 153-29 Home Share Program.

[Added 7-12-2011 by L.L. No. 14-2011[1]]

Legislative findings. There is a need for senior homeowners who require assistance with chores and have an available bedroom and other adults who need affordable housing. This program will permit an exchange for low- or no-rental charge for both persons' needs to be met. This program may provide senior homeowners needed companionship, safety, security, and other needed assistance and/or income while providing young adult students and employees on Long Island with low-cost housing.

Program purpose. The purpose of the Home Share Program is to permit senior homeowners who require financial or physical assistance to remain independent in their own homes with younger employed adults or adult students who cannot afford current market rental fees.

Persons served.

(1)

Home Share is open to Town homeowners who are 60 or older with an extra bedroom. Home-sharers are 18 years or older, employed and/or a student.

(2)

Nothing herein shall prohibit a person enrolled and approved in a Town-approved Home Share Program from having a person who is 60 or older with an extra bedroom from allowing or permitting a person 18 years or older who is employed and/or a student from occupying said extra bedroom if:

(a)

Said person is enrolled in and approved by Homeshare LI and has received a permit from the Town Clerk to engage in said program within the Town of Babylon. Said permit shall only be issued after the Town Clerk is satisfied that said persons and premises meet the criteria required for Homeshare LI and the Town Code.

(b)

There are no covenants and restrictions on the property prohibiting renting or accessory apartments.

(c)

The premises is in compliance with the New York State Property Maintenance Code and is not in violation of any provision of the Town Code.

Fees. A one-time fee of $5 is required for issuance of said permit when any new home sharer is to share a home with a senior homeowner.

[1]

Editor's Note: This local law also provided for the redesignation of former § 153-29 as § 153-30.

§ 153-30 Penalties for violations.

[Added 7-12-2011 by L.L. No. 14-2011; amended 7-15-2014 by L.L. No. 10-2014; 4-27-2022 by L.L. No. 10-2022]

Any person who shall allow, permit or suffer the existence of more dwelling units than permitted by the last certificate of occupancy issued for said property, or the existence of an accessory apartment, without first obtaining and maintaining a valid accessory apartment permit, on any property within the Town of Babylon, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.

Upon application of the Town Attorney's office (Special Assistant District Attorney), any offense based on a violation of this chapter may be reduced to an "attempted offense" as established by the New York State Penal Law § 110.00. Penalties for the reduced charge of attempt shall be:

(1)

Any person who shall attempt to violate any of § 153-28A of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 30 days may be imposed, or both.

(2)

Any person who shall attempt to violate any of § 53-28B of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $500 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 30 days may be imposed, or both.

Any person found by the Bureau of Administrative Adjudication to have violated § 153-28A of this article shall be subject to a monetary penalty of not less than $2,500 nor more than $10,000. Any person found by the Bureau of Administrative Adjudication to have violated § 153-28B of this article shall be subject to a monetary penalty of not less than $750 nor more than $10,000.

[Amended 12-20-2023 by L.L. No. 25-2023]