[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.
