[L.L. No. 1-2007, § 1; L.L.
No. 2-2009, § 1]
(a)
The purpose of this chapter is to establish a registry of all rental
property where the owner is out of possession and does not reside
at the property, as defined herein, enabling the Village to identify
persons responsible for the care and management of such property which
will ensure the enforcement of local, state and federal regulations.
(b)
The provisions of this chapter shall apply to all property located
in the Village of Tuckahoe.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any improved real property located within the Village of
Tuckahoe.
Includes a dwelling which is either rented, leased, let or
hired out to be occupied or is occupied as the temporary or permanent
residence or home of three or more families living independently of
each other.
Any individual or individuals, partnership or corporation,
limited liability company, similar type of business organization or
proprietary interest, whether or not for profit or otherwise, in whose
name title to a building or a residence is vested.
Includes all buildings containing residential units which
are either rented, leased, let or hired out to be occupied which shall
be limited to two-family dwellings, multiple dwellings, or mixed uses
(commercial-residential), where the owner is out of possession and
does not reside at the premises where such buildings are located.
(a)
Registration. Every owner of rental property as defined herein shall
be required to register such property with the Building Department
on such form or forms as prescribed by the Building Department within
a period of 60 days from the effective date of this chapter. A new
form shall be filed whenever there is a change of ownership and it
shall be the responsibility of the new owner to see that such form
is filed within a period of 60 days from the taking of title to the
property.
(b)
Registry fee. On or after the effective date of this subsection,
every owner or prospective owner of rental property, as defined in
this chapter, shall be required to register said property with the
Building Department and pay a registration fee payable to the Village
of Tuckahoe, as follows:
(i)
An initial registration fee of $50 for up to the first five
residential units or apartments existing at the rental property, exclusive
of any owner-occupied units or apartments, plus $5 for every unit
or apartment existing at the rental property in excess of said first
five residential units or apartments; and thereafter.
(ii)
Except as provided in Subsection (b)(iii) below, an annual registration fee of $15 irrespective of the number of units or apartments existing at the rental property due and payable on the day and date that is one year after payment of the initial registration fee, described in Subsection (b)(i) above, and on the anniversary date for each year ensuing thereafter.
(iii)
Residents of the Village of Tuckahoe who certify their Village
residency in accordance with the procedures set forth in this chapter
shall be exempt from payment of the annual registration fee of $15.
It shall be the responsibility of the owner of each property
which is subject to the provisions of this chapter to timely file
a registry application within 60 days of the effective date of this
chapter. The form shall require the following information:
(a)
The property address, the section, block and lot number of the property
as stated on the Tax Map of the Village of Tuckahoe and the number
of residential dwelling units on each property.
(b)
The owner(s), owner mailing address and telephone number.
(c)
The name and names, titles, addresses and telephone numbers of any
responsible person(s) of the corporation, limited liability company,
partnership or other similar business entity if the ownership is held
in a nonindividual capacity.
(d)
The name, address and telephone number of a local responsible person
over 21 years old, residing or doing business in Westchester County,
who shall be responsible for the care and management of such property
and is authorized by said owner to accept legal process on behalf
of the owner when the owner resides or has its principal place of
business outside of Westchester County.
(e)
The form shall be signed by the owner or his or her designee and
shall contain the following declaration: "I hereby certify that all
information contained in this statement is true and correct to the
best of my knowledge and belief. I understand that the willful making
of any false statement of material fact herein will subject me to
the provisions of law relevant to the making and filing of false instruments
and shall constitute a violation of this chapter."
(f)
It shall be the responsibility of each owner to timely notify the
Building Department whenever the information provided in this form
has become outdated or for any reason is no longer accurate. It shall
be the responsibility of each owner to recertify the aforementioned
information annually.
(a)
No rental property as defined herein, shall be occupied by any tenant
without compliance with the provisions herein and failure to comply
shall constitute a violation of a certification of occupancy.
(a)
The owner of any building defined herein as a "multiple dwelling"
shall post and maintain in a conspicuous place in such dwelling a
legible sign identifying the owner and managing agent of such dwelling,
together with the business addresses and contact telephone numbers.
Where the owner is a corporation or similar entity, the sign shall
contain the names and contact telephone numbers of the principals
thereof.
