Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 6-16-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Condominiums and cooperative apartments — See Ch. 112.
A. 
It shall be unlawful for the owner, owner's agent, real estate agent or any person with apparent authority over any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building or any units contained therein to allow, permit or suffer the occupancy of any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building or any units contained therein, which is not the actual residence of the owner, without having first obtained a rental permit pursuant to this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of the dwelling unit.
B. 
It shall be unlawful for a person to occupy any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building or any units contained therein until a valid rental permit has been issued for that residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building or any units contained therein, pursuant to this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant(s) of the dwelling unit or that the person occupying said residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building or any units contained therein had knowledge there was not a valid permit.
C. 
It shall be unlawful for any person, broker or agent to list, show or otherwise offer for lease, rent or occupancy any dwelling unit for which a current rental permit has not been issued. It shall be the person, broker or agent's duty to verify the existence of a valid permit before listing, showing or otherwise offering for lease, rent or occupancy any building or dwelling unit in the Village of East Rockaway.
A. 
Application for a rental permit shall be made, in writing, to the Superintendent of Buildings on a form provided therefor and shall contain the name and address of the applicant and owner of the premises, the location of the premises and the number of dwellings and units and persons to be accommodated.
B. 
Each application shall be accompanied by a plot plan or sketch showing the size and location of the premises, all buildings and structures and the floor plan, to scale, of each dwelling unit.
C. 
Each application shall be executed by the applicant and owner of the premises.
A. 
Rental permits and renewals shall be valid for a period of two years from the date of issuance.
B. 
At least 30 days prior to the expiration of a rental permit, the applicant may apply for a renewal of the permit. The Superintendent of Buildings, in his discretion, may refuse to renew a permit where violations of the Village Code exist on the premises.
A. 
Fees for permits and renewals shall be established and amended from time to time by resolution of the Board of Trustees.
B. 
A late charge equal to two times the amount of the fee required, prorated for the period of time constituting the overdue period, shall be charged for all permit renewals which are overdue, in addition to the permit renewal fee.
A. 
No permit or renewal thereof shall be issued under any application unless the property is in compliance with all the provisions of the Code of the Village of East Rockaway, the laws and ordinances of the County of Nassau and the laws of the State of New York.
B. 
Prior to the issuance of any such permit or renewal thereof, the applicant shall provide a certification from a licensed architect or licensed professional engineer that the property which is the subject of the application is in compliance with all the provisions of the Code of the Village of East Rockaway, the laws and ordinances of the County of Nassau and the laws of the State of New York.
A. 
Any violation of this chapter shall be deemed to be a violation, as defined under the Penal Law of the State of New York, and shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. A second violation of this chapter within five years of a previous conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $1,000 and not more than $2,000 and/or imprisonment for a period not to exceed one year, or both. A third violation of this chapter within five years of the second conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $2,000 and not more than $3,000 and/or imprisonment for a period not to exceed one year, or both.
B. 
In the event of any failure to comply with this chapter, each and every day such violation continues shall constitute a separate offense, and the penalties prescribed herein shall be applicable to each separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending.
C. 
An injunction may be obtained by the Superintendent of Buildings in addition to any other remedy hereunder in the event of any violation or refusal to comply with the provisions of this chapter. Failure or refusal to procure a permit hereunder shall be deemed a violation.
Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other provision of local laws or ordinances of the Village or county or state laws and regulations. In the case of a conflict between this chapter and other regulations, that which sets the more stringent requirement shall prevail.
The Superintendent of Buildings is authorized to make or cause to be made inspections to determine the condition of dwellings and to safeguard the health, safety and welfare of the public. The Superintendent of Buildings or his designated representative is authorized to enter, upon the consent of the owner, any rental dwelling unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this chapter.
The Superintendent of Buildings or his designated representative is authorized to make application to the Village Court or the District Court of Nassau County for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Superintendent of Buildings or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises and without a warrant duly issued by an appropriate court.
A. 
The presence or existence of any of the following shall create a rebuttable presumption that a premises is rented:
(1) 
The property is occupied by someone other than the owner, and the owner of the property represents, in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the rental property.
(2) 
Persons living in the premises represent that they pay rent to the owner of the premises.
(3) 
Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner.
(4) 
Testimony by a witness that it is common knowledge in the community that a person other than the record owner resides in the premises.
(5) 
There is more than one mailbox at the premises.
(6) 
There is more than one gas meter at the premises.
(7) 
There is more than one electric meter at the premises.
(8) 
There are separate entrances for segregated parts of the dwelling.
(9) 
There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms.
(10) 
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.
(11) 
The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.
(12) 
Two or more kitchens, each containing 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.
B. 
Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.
No sleeping unit shall be rented or offered for rent in any cellar or basement.