Except as hereinafter provided, this chapter shall apply to every rental
dwelling or premises that are leased, rented, let or assigned, with or without
consideration, by an owner-occupant, an absentee owner or a legal agent on
behalf of the owner, provided, however, that there are at least three or more
separate units in any such dwelling or premises available for, or capable
of, being rented or occupied. A dwelling unit that is actually occupied by
the owner of the rental dwelling or premises shall not count as a dwelling
unit for purposes of this section.
The following terms shall apply in the interpretation and enforcement
of this chapter:
AGENT
Any person who has charge, care or control of a building, or a part
thereof; in which residential rental dwelling units are let.
CHANGE IN THE TENANCY
A change in the tenancy of a residential dwelling unit shall be deemed
to have occurred where said unit is unoccupied for a period of 30 or more
consecutive days; or said unit becomes occupied by a person or persons, none
of whom occupied same during the immediately preceding tenancy.
OWNER
Any person or entity who, alone or with others, has legal or equitable
title.
RENTAL DWELLING
Any building which is wholly or partly used or is intended to be
used as a habitable space for human occupants for rent.
RESIDENTIAL OCCUPANCY PERMIT
Permit issued by the Building Inspector certifying that a residential
rental dwelling unit complies with the provisions of the New York State Uniform
Fire Prevention and Building Code.
RESIDENTIAL RENTAL DWELLING UNIT
Any room or contiguous group of rooms for rent located within a building
and forming a single, habitable living space for one family.
The provisions of this chapter shall not apply to dwellings designated
and used exclusively for occupancy as hotels, motels, transient homes, or
bed-and-breakfast facilities.
The Town of Ghent Justice Court shall have jurisdiction to hear and
receive the prosecution of any complaints in connection with any violation
of this chapter.
The Town Board shall establish a schedule of fees with respect to the inspection and certification of residential dwelling units. Any fees that are unpaid shall be subject to the placement of a lien by the Town of Ghent against the subject property, and any fee due to the Town of Ghent may also be collected as a civil penalty pursuant to the provisions of §
136-6B.
The provisions of this chapter shall be in addition to all pertinent
provisions of the Uniform Code, the Town of Ghent Zoning Law, and all other applicable laws, rules and regulations relating
to the subject matter of this chapter, which code, law, rules and regulations
shall not be diminished by any provision set forth herein.