[HISTORY: Adopted by the Town Board of the Town of Cortlandt 2-9-2010 by L.L. No.
6-2010. Amendments noted where applicable.]
This chapter shall be known as the "Rental Dwelling Registry
and Occupancy Law of the Code of the Town of Cortlandt."
It is the intent of the Town of Cortlandt Town Board to establish
a Rental Dwelling Registry and Occupancy Law for the protection of
the health, safety and welfare of residents, to protect the diversified
housing stock from deterioration, to provide uniform administration
and compliance with the building and fire requirements of New York
State and this municipality and to address ongoing issues within the
Town of Cortlandt by owners of real property who offer the same for
rent but do not reside in the structure.
Except as hereinafter provided, this chapter shall apply to
every three-unit or larger rental dwelling, dwelling unit and premises
that are leased, rented, let, assigned or otherwise classified as
a rental property) with or without valuable consideration, by an owner,
occupant, or absentee owner.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building which is wholly or partly used or is intended
to be used as habitable space for human occupants.
Any person or entity who or which, alone or with others,
has legal or equitable title.
A dwelling occupied by its owner or by members of his or
her family on a nonrental basis.
Any room or contiguous group of rooms located within a building
and forming a single, habitable living space for one family.
Any furnished room for rent located within a building or
forming a single sleeping space.
All rental units containing three or more units shall be registered
with the Town of Cortlandt by the owner as required herein.
A.
All rental dwellings with three or more units existing as of the
effective date of this chapter shall be registered on or before August
1, 2010. The Director of Technical Services may require and order
registration prior to that date for any dwelling cited in a notice
under the Code of the Town of Cortlandt. Failure to comply with such
an order is a violation of this chapter.
B.
The owner of a new rental dwelling or any dwelling newly converted
to a rental dwelling shall register the rental dwelling prior to allowing
occupancy of any new rental unit.
A.
The owner of any rental dwelling already registered with the Town
of Cortlandt shall re-register within 30 days after any change occurs
in registration information. A new owner of a registered dwelling
shall re-register the dwelling within 60 days of assuming ownership.
B.
In addition, owners must notify Code Enforcement of any change in
maintenance personnel or management company at the dwelling within
30 days of the change.
The Town shall maintain a registry of all rental dwellings and
rental units containing the following information, which shall be
provided by the owner on forms available from the Zoning Administrator:
A.
The name, legal residence address and telephone number of the owner
and any agent in control of the rental dwelling, and, in the event
the owner or agent is not a natural person, then the owner information
shall be that of the president, general manager or other chief executive
officer of the organization. Where more than one natural person has
an ownership interest, the required information shall be included
for each owner. The information required herein shall also include
the address and phone number where the owner(s), agent(s) and/or responsible
person(s) may be reached day and night.
B.
The name and address of the 24/7 contact of the on-site maintenance
person(s) or management company.
C.
The number and type of rental units in the dwelling.
D.
The address of the rental dwelling.
E.
The employer identification number in the event that the rental dwelling
is owned by a corporation.
F.
If neither the address of the owner or the address of the agent in control of the premises as provided in Subsection A is within a radius of 25 miles of the premises, the name, legal residence or business address within Westchester County and telephone number of a natural person who shall be an agent for service of notices and orders issued under this chapter and for service of process in connection with the prosecutions of violations of this chapter in Town of Cortlandt Court or other court of competent jurisdiction.
It shall be a violation of this chapter for an owner or a responsible
person to provide inaccurate information for the registry of rental
dwellings or to fail to provide the information required herein for
the registry.
A.
General.
(1)
All residential rental dwelling units which are not subject to the
New York State Building Code and which are located in a structure
which is non-owner-occupied shall be inspected and certified by the
Fire and/or Building Inspector, who shall determine compliance with,
administer and enforce all applicable provisions of the Building and
Fire Codes of the State of New York and the Code of the Town of Cortlandt.
Said inspections and certifications shall commence as soon as practicable
upon the passage of this chapter and will be conducted no less than
every 36 months.
(2)
Except as otherwise provided herein, it shall be unlawful and a violation
of this chapter to rent, lease or otherwise allow the occupancy of
any residential rental unit without the inspection and certification
as required herein.
(3)
If, upon inspection, said premises do not comply with all applicable
provisions of this code or the New York State Building and Fire Codes
or the Code of the Town of Cortlandt, the specific reasons for noncompliance
shall be specified in writing and delivered to the property's
owner or legal agent.
B.
On or after the passage of this chapter, the Director of Technical
Services or the Building Inspector shall have the right to inspect
all or any part of the rental dwelling, including any unit or apartment
as required herein and/or upon complaint, except that the owner, agent
or person in charge thereof shall have the right to insist upon the
procurement of a search warrant from a court of competent jurisdiction
by the Director of Technical Services or the Building Inspector, or
his or her designee, in order to enable such inspection. The officials
charged with conducting the inspection pursuant to this section shall
be required to obtain a search warrant whenever an owner, agent or
person in charge refuses to permit a warrantless inspection of the
premises after having been advised that he or she has a constitutional
right to refuse entry of the officials without a search warrant.
C.
The officials charged with conducting the inspection shall make such
inspection, access and circumstances permitting, within three business
days of receipt of a request from the owner, agent or occupant.
D.
Nothing in this section shall be construed to limit the right of
the Zoning Administrator or the Building Inspector to inspect any
property at any time. If, after issuing a residential occupancy permit,
the Department receives a complaint alleging a violation of this section,
other than a violation which creates an imminent hazard to the public
health or to the physical or mental health of the occupants of the
rental property, the Zoning Administrator and/or Building Inspector
shall make a good faith effort to notify the owner or agent of the
complaint by either telephone or regular mail, before conducting an
inspection under this section, and shall provide to the owner or agent
one working day to explain what steps the owner or agent is taking
to correct the violation. The Zoning Administrator and/or Building
Inspector may take steps necessary, by inspection or other means,
to assure that the violation is corrected.
No owner, agent or person in charge shall collect rents during
any period of noncompliance with a notice to cure issued pursuant
to this chapter which would otherwise be due and owing for the rental
of the premises unless and until he or she shall have complied with
the provisions herein.
The provisions of this chapter shall not apply to dwellings
designed and used exclusively for occupancy as hotels, motels, transient
homes or establishments of like nature.
Any person who shall knowingly and willfully violate or assist
in the violation of or who fails to comply with a notice and order
issued by the Fire and/or Building Inspector under the aforementioned
sections shall, upon conviction, be punished by a fine not to exceed
$1,000 or a civil penalty not exceeding $3,000.
A.
The following schedule of fees shall apply with respect to the inspection
and certification of resident dwelling units:
(1)
There shall be no charge for an initial inspection to determine compliance
with the applicable provisions of this Code.
(2)
Any and all subsequent reinspection(s) necessary to determine compliance
with required corrective action or repairs shall be subject to a charge
of $50 per unit inspected.
(3)
Failure to appear within 15 minutes of a scheduled inspection ("no
show") shall result in a fee of $20 per unit.
(4)
Cancellation of a scheduled inspection less than 24 hours before
that scheduled inspection ("late cancellation") shall result in a
fee of $20 per unit.
(5)
Cancellation of a scheduled inspection for the unit more than once
or after a "no show" ("second cancellation") shall result in a fee
of $20 per unit.
B.
Fees prescribed under this section for failure to appear at, and
cancellation of, a scheduled inspection may be waived at the discretion
of the Zoning Administrator or the Building Inspector for good cause
shown.
C.
Unpaid fees shall be subject to the placement and recording of a
lien by the Town of Cortlandt against the inspected property.
