[HISTORY: Adopted by the Board of Trustees of the Village
of Greenport 10-26-2017 by L.L.
No. 5-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 53.
Fire prevention and building construction — See Ch. 65.
Zoning — See Ch. 150.
[1]
Editor's Note: This local law superseded former Ch. 103, Rental
Properties, adopted 9-23-2013 by L.L. No. 6-2013.
The Board of Trustees of the Village of Greenport hereby finds
that it is in the public interest to prevent unsafe conditions arising
from the rental of residential property that is in violation of the
New York State Uniform Fire Prevention and Building Code or the Greenport
Village Code, and any other codes or regulations that are applicable
within the Village of Greenport, and property used for rental that
is inadequate in size, overcrowded and dangerous; or which pose hazards
to life, limb and property of residents of the Village of Greenport
or that tend to promote and encourage deterioration of the housing
stock of the Village of Greenport; create blight, excessive vehicle
traffic and parking problems; and overburden municipal services. The
Board of Trustees further finds that additional Code provisions are
required to halt the proliferation of such conditions and that the
public health, safety, welfare and good order governance of the Village
of Greenport will be enhanced by enactment of the regulations set
forth in this chapter.
This chapter shall apply to all rentals of property for residential
use in the Village of Greenport. Any property shall be presumed to
be rented if said premises are not occupied by the legal owner thereof.
The provisions of this chapter shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this chapter shall be deemed to abolish, impair, supersede or replace
existing remedies or existing requirements of any other provision
of state or local law or code or regulation. The issuance of any permit
or the filing of any form under this chapter does not make legal any
action or state of facts that is otherwise illegal, unlawful or nonpermitted,
or is otherwise in contravention of any other applicable law, code,
rule or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
A room designed as a bedroom or, as in the case of a studio
apartment, a common room used for sleeping purposes. Rooms having
other purposes, such as dens, kitchens, living rooms or hallways,
are not to be interpreted or used as conventional bedrooms. A room
that is not a conventional bedroom may not be converted to or used
as a conventional bedroom without the prior approval of the Village
of Greenport.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, and having no enclosed space (other
than vestibules, entranceways, or other hallways or porches) or cooking
or sanitary facilities in common with any other dwelling unit and
which contains at least and not more than one kitchen.
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
Occupancy by a written lease with a term of at least one
year.
[Added 10-25-2018 by L.L. No.
8-2018]
A building or use that does not conform to the applicable
building, zoning or other relevant regulations of the district in
which it is situated.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame, crib or other sleeping provisions in a room is presumptive
evidence that the room is being used for sleeping purposes. Nonhabitable
space shall not be used for sleeping purposes.
Any person, partnership, corporation or other entity who
alone, or jointly with others, has legal title to any premises, including
a mortgagee in possession or with maintenance responsibility due to
a foreclosure or other proceeding. The general partner of a partnership,
director of a corporation and member of a limited liability company
shall be deemed to be an owner for purposes of this chapter.
Occupation by the owner of the property and/or the owner's
immediate family.
[Added 10-25-2018 by L.L. No.
8-2018]
A permit which is to be issued to the owner of the rental
property where such dwelling unit has been the subject of a rental
permit continuously prior to the date of the application for the permit.
A permit issued by the Building Inspector to the owner to
allow the use or occupancy of a rental property.
A dwelling unit or portion of a property which is occupied
for habitation by a person or persons, other than the owner or the
owner's immediate family.
Property which is zoned for residential use or that portion
of a mixed-use property which is a residential use.
[Added 10-25-2018 by L.L. No.
8-2018]
The rental of residential property or a portion thereof for a term of less than 14 days, which shall not include the rental of rooms by a bed-and-breakfast establishment that has been approved by the Village of Greenport under Greenport Village Code § 150-7B(7).
[Added 10-25-2018 by L.L. No.
8-2018]
The owner shall maintain a confidential record of the names
and telephone numbers of the tenants.
Effective the date of the filing of this chapter with the New
York State Department of State, no owner shall cause, permit or allow
the occupancy or use of a rental property without a valid rental permit
and no person shall occupy or otherwise use a dwelling unit or any
part thereof as a rental unit without a valid rental permit being
issued for the rental unit. A rental permit issued under this chapter
shall only be issued to the owner(s) of the real property at issue.
An application for a rental permit that has been signed and
sworn to by the owner shall be filed for all rentals of property for
habitation or residential purposes prior to the rental or occupancy
thereof which application shall contain the legal residence and contact
information of each owner and verification of an inspection by the
Village of Greenport or a written certification from a licensed architect
or licensed engineer that states that the rental unit fully complies
with all of the provisions of the New York State Uniform Fire Prevention
and Building Code and Greenport Village Code, and any other applicable
codes and regulations, which certification shall not have been completed
more than 30 days prior to the date of the application for a rental
permit, and a floor plan of the rental unit.
A.
The short-term rental of a residential property or a portion thereof
is prohibited, except for a two-family house where one of the dwelling
units is either owner-occupied or is occupied as a long-term occupancy,
or a portion of a single-family house, the remainder of which is owner-occupied
or is occupied as a long-term occupancy.
[Added 10-25-2018 by L.L. No.
8-2018]
The Building Inspector or another person designated by the Board
of Trustees shall review each application for completeness and accuracy
and shall issue a rental permit when the application is complete and
fee paid.
A.
All permits issued pursuant to this chapter shall have a term of
two years.
B.
An application for the renewal of a rental permit shall be signed
by the owner and shall be completed and filed with the Building Inspector
not later than 30 days prior to the expiration of any valid rental
permit. The application for a renewal of the rental permit shall contain
an official copy of the prior valid rental permit and either a signed
and sworn affidavit by the owner affirming that the rental property,
to the best of his/her knowledge, fully complies with all of the provisions
of the New York State Uniform Fire Prevention and Building Code, and
Greenport Village Code, that the structure has not been physically
altered in any way, except in full conformance with a valid building
permit, and the owner is not aware of the property being in violation
of the New York State Uniform Fire Prevention and Building Code, and
the Greenport Village Code; or an inspection by the Building Inspector
of the Village of Greenport.
It shall be the duty of the Building Inspector to maintain a
register of the owner name and address, number of rooms in the premises,
and expiration date of permits issued pursuant to this chapter.
A.
A nonrefundable biennial permit application fee, in the amount of
$250, shall be paid upon the filing of an application for a rental
permit or a renewal rental permit.
B.
If an owner of a rental property is found by any court of competent
jurisdiction to have violated this chapter, within a two-year period
preceding the date of the commencement of the renewal period, the
nonrefundable bienniel rental permit application fee for the rental
unit will be $500.
A.
No rental unit shall be occupied by more than the number of persons
permitted to occupy the rental property under the New York State Uniform
Fire Prevention and Building Code and International Codes and the
other codes and regulations of the State of New York.
B.
No more than two bedrooms shall be permitted in the basement of a
rental property.
C.
The selling of shares to subtenants where they obtain rights for
use and/or occupancy in a dwelling shall be prohibited.
D.
The leasing, subleasing, occupancy or use by a tenant of less than
the entire rental property is prohibited.
E.
The owner(s) and tenant(s) shall ensure that all applicable parking
regulations provided for in the Greenport Village Code are satisfied.
F.
A rental unit shall only be occupied or otherwise utilized in accordance
with the certificate of occupancy issued for the rental unit.
G.
The owner(s) and tenant(s) shall ensure that all property maintenance
regulations provided for in the New York State Uniform Fire Prevention
and Building Code and the United States Department of Housing and
Urban Development Section 8 Housing Quality Standard Inspection Checklist
standards are satisfied as may be applicable.
H.
Dumpsters are prohibited on residential property for anything other
than incidental short-term use.
I.
A rental permit number shall be issued for each rental permit that
is granted by the Village and the rental permit number shall be displayed
on all advertisements of the rental unit to which the rental permit
number corresponds.
[Added 10-25-2018 by L.L. No.
8-2018]
The Building Inspector and Village personnel or agents for the
Village who are engaged in the enforcement of the provisions of this
chapter, the New York State Uniform Fire Prevention and Building Codes
and the Greenport Village Code, are authorized to make or cause to
be made inspections to determine the condition of rental properties
to safeguard the health, safety, and welfare of the public.
A.
The Building Inspector shall revoke a rental permit when the permit
holder has caused, permitted or allowed to exist and remain upon the
rental unit a violation of any provision of the New York State Uniform
Fire Prevention and Building Code, or the Greenport Village Code,
for a period of 14 calendar days or more after written notice has
been provided to the permit holder, owner, managing agent, or tenant
of the rental property by mail, certified mail, or hand delivery.
B.
An appeal from such revocation may be made in writing by the permit
holder to the Board of Trustees within 30 days from the date of such
revocation. The Village Board of Trustees shall hold a public hearing
on such appeal within 30 days after receipt of written notice of such
appeal and, after such hearing, shall make written findings and a
decision either sustaining such permit revocation or reinstating such
permit within 30 days after close of such public hearing.
A.
The first violation of this chapter within an eighteen-month period
by the owner(s) and/or tenant(s) shall be punishable by a fine of
not less than $500 nor more than $1,500.
B.
The second violation of this chapter within an eighteen-month period
shall be punishable by a fine of not less than $1,000 nor more than
$2,500.
C.
The third violation of this chapter within an eighteen-month period
shall be punishable by a fine of not less than $1,500 nor more than
$5,000.
D.
Each day that a violation of this chapter should exist shall constitute
a separate violation of this chapter.
E.
For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this chapter shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply. Each day's continued violation shall constitute
a separate additional violation.
F.
A violation existing at the premises shall be a violation by both
the tenant and the owner and at the sole discretion of the Village
either the tenant or the owner or both the tenant and the owner may
be charged with and prosecuted for the existence of a violation.
G.
Additionally, in lieu of imposing the fine authorized by this chapter,
in accordance with Penal Law § 80.05(5), the court may sentence
the defendant(s) to pay an amount, fixed by the court, not exceeding
double the amount of the rent collected over the term of the occupancy.
H.
The Village shall have the right, after the determination by the
Building Inspector, or other appropriate official or employee of the
Village, that a dangerous, hazardous or unsafe condition exists on
a premises that is subject to this chapter, after the expiration of
10 calendar days from the date of the mailing of written notice to
the owner and the occupant served by regular and certified mail return
receipt requested, to enter the premises and cure, correct or repair
the dangerous, hazardous or unsafe condition, and all costs and expenses
associated with that action by the Village (including administrative,
engineering and professional fees in the amount of 25% of the actual
costs and expenses incurred in curing, correcting or repairing the
condition), shall be reimbursed by the owner of the property to the
Village, and, in the event that the amount has not been paid to the
Village within 10 days of the date of billing, the amount shall become
a lien on the property and billable in the next Village real estate
tax bill for that property. The notice required in this section shall
not prejudice or affect any other right that the Village may have
under the law to address or remedy a dangerous, hazardous or unsafe
condition, including the right to immediately enter the property to
correct a condition that is an imminent danger to life, property or
public safety.
In the event that one or more of the provisions of this local
law or chapter shall be deemed to be unenforceable, the remaining
provisions of this local law or chapter shall remain in full force
and effect.
