[Adopted 12-7-1992 by L.L. No. 19-1992, amended in its entirety 3-21-2016 by L.L. No. 5-2016]
For use in this article only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
LANDLORD AND OWNER
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
OWNER-OCCUPIED
A.
SINGLE-FAMILY RESIDENCESFor any rental property to be considered owner-occupied, the owner must prove that all individual title owners (including immediate family members) or all owners, partners, or shareholders of a corporation or other legally organized entity, actually have their principal residence at the rental property and reside therein on a full-time basis, it being the actual domicile of all individual owners, all partners, or all shareholders.
C.
At the request of the Village of Airmont, any owner who claims
to occupy the rental property shall provide a sworn affidavit providing
the necessary information to support his or her claim that the premises
are owner-occupied.
PROPERTY MAINTENANCE
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental unit, rental property or complex
used by the tenants and the public.
RENTAL PROPERTY
Any house, structure, building or complex which contains
a residential rental unit other than owner-occupied houses, structures
or buildings.
RENTAL UNIT
Includes that portion of a house, building or structure rented
or offered for rent, for living and dwelling purposes to an individual
or family units.
RESIDE
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
TENANTS
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
At the request of the Inspecting Officer, the Village Attorney
is authorized to make application to the Village of Airmont Court
or any other court of competent jurisdiction for the issuance of a
search warrant, to be executed by a police officer, in order to conduct
an inspection of any premises believed to be subject to the registry
jurisdiction of this article. The Inspecting Officer may seek a search
warrant whenever the owner or occupant fails to allow inspection of
any rental dwelling unit where there is reasonable cause to believe
that a violation of this article or a violation of the New York Uniform
Fire Prevention and Building Code or of any code of the Village of
Airmont has occurred after due notice has been sent by ordinary United
States mail. The application for a search warrant shall in all respects
comply with applicable laws of the State of New York.
Nothing in this article shall prevent any member of the public,
prospective tenant or any resident of the Village of Airmont from
determining whether any particular rental property has been registered
pursuant to this article. The general public shall have full access
to said landlord registration statements upon filing of the proper
Freedom of Information Act application.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, then the property covered by this article will be assessed
for the unpaid penalties and shall be collected in the same manner
and time as Village taxes.