[HISTORY: Adopted by the Board of Trustees of the Village
of Islandia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-3-1990 by L.L. No. 4-1990; amended in its entirety 10-5-2010 by L.L. No.
3-2010]
A.
The Board of Trustees hereby determines that serious conditions exist
in the Village of Islandia which are arising from the rental of dwellings
that are owned by nonresidents of the Village that are or have been
permitted to become substandard or in violation of the Islandia Village
Code, or the New York State Code of Building Construction and Fire
Prevention,[1] and that such dwellings contain conditions that are hazardous
to the residents of the Village of Islandia and others; tend to promote
or encourage deterioration of the housing stock of the Village; create
blight, noise, excessive vehicle traffic and parking problems; overburden
Village municipal services; and otherwise create a hazard to the health,
safety and well-being of the residents of the Village and their families
and guests and the general public, and undermine the quality of life
and aesthetic values of the Village and the appearance, quality and
value of the properties in the Village.
[1]
Editor's Note: See the New York State Uniform Fire Prevention
and Building Code.
B.
The existence and proliferation of the rental of properties that
are owned by nonresidents of the Village of Islandia have a significant
negative impact on the quality of life, health, safety and well-being
of the residents of the Village of Islandia and on their ability to
enjoy their homes and lives, on the aesthetic qualities of the Village
of Islandia and on the appearance, quality and value of properties
in the Village.
C.
The Board of Trustees of the Village of Islandia previously adopted Chapter 138 of the Islandia Village Code in order to regulate the rental of properties in the Village of Islandia, to protect the interests of the residents and property owners of the Village of Islandia, and the Village of Islandia itself, and the Board of Trustees hereby finds and determines that amendments to Chapter 138 are required at this time in order to properly protect the interests of the residents and property owners of the Village of Islandia from the negative impact that has resulted from the rental of properties in the Village of Islandia that are owned by individuals that are nonresidents of the Village.
This article is to be known as the "Rental Permit Law."
As used in this article, the following terms shall have the
meanings indicated:
A Code Enforcement Officer of the Village of Islandia, or
the Building Inspector, his delegate or assistant, or anyone authorized
and designated by the Village Board to enforce the Village Code of
the Village of Islandia and the New York State Fire Prevention and
Building and Construction Law.
A structure or building occupied or to be occupied by one
or more persons as a home or residence, in accordance with the provisions
of this article and the Zoning Code of the Village of Islandia.[1]
The owner of the premises which is a dwelling.
A permit which is to be issued to the owner of a property
which is a rental dwelling, where such rental dwelling has been the
subject of a rental permit continuously prior to the date of application
for the permit only.
A return, in money, property or other valuable consideration,
including payment in kind or for services or other thing of value,
for use and occupancy or the right to use and occupancy of a dwelling,
whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling occupied, used or maintained for rental occupancy
and which is therefore subject to this article of the Islandia Village
Code.
The occupancy or use of a dwelling by one or more persons
under an arrangement whereby the occupant or occupants thereof pay
rent for such occupancy and use.
A rental permit is required to be obtained prior to the creation
of or the renting of a rental dwelling in the Village of Islandia.
A rental permit will only be issued to the owner of a rental dwelling.
Upon the effective date of Local Law No. 3 of 2010, rental permits
will not be issued for any rental dwelling in the Village of Islandia
except where the owner of the rental dwelling has been a resident
and owner of residential property in the Village of Islandia for a
period of not less than five consecutive years.
A.
Scope. This article shall apply to all rental dwellings and properties
intended to be used as rental dwellings located within the Village
of Islandia, whether or not the use and occupancy thereof shall be
permitted under the applicable use regulations for the zoning district
in which such rental dwelling is located.
B.
Applicability. The provisions of this article shall be deemed to
supplement applicable state and local laws, ordinances, codes or regulations,
and nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or state or existing
requirements of any other applicable state or local laws, ordinances,
codes or regulations. In the case of a conflict between any provision
of this article and any applicable state or local laws, ordinances,
codes or regulations, the more restrictive or stringent provision
or requirement shall prevail.
A.
An application for a rental permit for a rental dwelling shall be
made in writing to the Building Department on a form provided by the
Building Department for that purpose.
B.
Such application shall be filed in triplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the
dwelling intended for rental occupancy.
(2)
The street address and Tax Map description (section, block and lot
or lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling intended for occupancy is located.
(3)
The names, ages and relationships, if any, to the owner of the premises
of each person presently residing in or occupying such premises intended
for rental occupancy.
(4)
The number of rooms in the structure and in each proposed rental
dwelling therein, the dimensions of each room and a description of
the present use or uses thereof, if any.
(5)
A description of the dwelling intended to be established, used or
occupied for rental occupancy, including the number of persons intended
to be accommodated by and reside in the rental dwelling.
(6)
The name, address and telephone number, if any, of the managing agent
or operator of each such intended rental dwelling.
(7)
The name and address of the insurance company, if any, providing
the fire and other hazard and public liability insurance for the owner
of the premises, with a description of the type of insurance provided,
policy limits for each coverage and the policy number and expiration
date of such policy.
(8)
The residence address of the owner of the property on which the rental
dwelling is located.
C.
Such application shall be signed by the owner of the premises, and
the statements of such owners therein contained shall be verified
under oath.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to a scale not greater than
40 feet to one inch.
(2)
If not shown on the survey, a site plan, drawn to scale, showing
all buildings, structures, walks, drives and other physical features
of the premises and the number, location and access of existing and
proposed on-site parking facilities.
(3)
A building permit application, properly prepared for all proposed
buildings, improvements and alterations to existing buildings on the
premises, if any.
E.
In the case of a condominium unit, the application shall be accompanied
by a scale drawing or floor plan of the condominium unit, in lieu
of a survey or site plan.
[Amended 7-2-2013 by L.L. No. 6-2013]
A.
Permit
application fee. A nonrefundable rental permit application fee of
$1,000 for a single-family home and $250 for a town home and/or condominium
shall be paid upon filing an application for a rental permit.
B.
Renewal
rental permit fee. A nonrefundable permit renewal fee of $1,000 for
a single-family home and $250 for a town home and/or a condominium
shall be paid upon filing an application for a renewal permit.
The Code Enforcement Officer of the Village of Islandia shall
review each application for completeness and accuracy and shall make
an on-site inspection of the proposed rental dwelling. If satisfied
that the proposed rental dwelling, as well as the premises in or on
which the same is located, complies fully with all applicable laws
of the state and local laws, ordinances, rules and regulations of
the county and the Village and that such rental dwelling or the use
thereof for rental would not create an unsafe or dangerous condition,
or create an unsafe or substandard structure or create a nuisance
to adjoining or nearby property, the Code Enforcement Officer shall
then issue the rental permit or renewal rental permit applied for.
A.
Rental permit. A rental permit shall have a term of one year. Any
rental permit that was issued prior to the effective date of this
article for a term that ends on or after December 31, 2011, shall
be valid through and including December 31, 2011, only. Any rental
permit that is issued after the effective date of this Local Law No.
3-2010 of 2010 shall be issued for a term of one year. No new rental
permit will be issued after the effective date of Local Law No. 3
of 2010, except where the owner has been a resident and owner of residential
property in the Village of Islandia for a continuous period of at
least five years.
B.
Renewal rental permit. An application for a renewal rental permit must be filed by the owner not later than 30 days prior to the expiration of the term of the existing rental permit to which it applies. An application for a renewal rental permit shall contain substantially the same information that is required by § 138-5 of this article upon forms to be furnished by the Building Department. Renewal rental permits shall be issued upon the approval of the application for renewal rental permit, as provided in § 138-7, and upon payment of the renewal permit fees specified in § 138-6. A renewal rental permit shall have a term of one year. Any renewal rental permit that was issued prior to the effective date of this article for a term that ends on or after December 31, 2011, shall be valid through and including December 31, 2011, only. Renewal rental permits that are issued after the effective date of Local Law No. 3 of 2010 shall be issued for a term of one year.
C.
Violations; transfer of ownership. In addition to the end of the term of a rental permit or a renewal rental permit as provided in Subsections A and B above, the term of a rental permit or renewal rental permit shall end:
(1)
On the date of and in the event that there are two or more appearance
tickets or notices of violation issued at the premises or property
in which the rental dwelling that is the subject of that permit is
located.
(2)
On the date of transfer where or in the event that the owner of the
rental dwelling transfers the ownership, interest in the ownership
of the rental dwelling.
It shall be the duty of the Code Enforcement Officer to maintain
a register of permits issued pursuant to this article. The register
of permits shall be kept by street address, showing the name and address
of the permittee, the rental dwelling at such street address, the
number of rooms in each such rental dwelling and the date of expiration
of permit for such rental dwelling. Such registry shall be kept available
for public inspection during regular business hours at the office
of the Building Department.
A.
Smoke detectors; carbon monoxide detectors. No rental permit or renewal
rental permit shall be issued or renewed until the Code Enforcement
Officer shall inspect the rental dwelling to determine that it is
equipped with a functioning smoke detector device, approved as to
design by the applicable Fire Prevention Code of the state or Suffolk
County, if any, or conforming to standards of the New York State Board
of Fire Underwriters, if any, or, if none, approved by the Code Enforcement
Officer.
B.
On-site parking. The premises shall provide the necessary minimum
on-site parking space for the rental property as determined by the
Code Enforcement Officer, and the provided parking space shall be
paved with asphalt, concrete or other similar materials.
[Added 7-30-2013 by L.L. No. 13-2013]
A.
Board intent and purpose. The Village Board hereby finds that carbon
monoxide, a colorless, odorless, poisonous gas produced by incomplete
burning of solid, liquid and gaseous fuels used to heat homes or to
operate motor vehicles, cook and produce heated water, presents a
danger to the health of Village of Islandia residents. The Village
Board further finds that the loss of life caused by carbon monoxide
poisoning is preventable by the proper installation and use of carbon
monoxide alarms in rental dwellings.
B.
Carbon monoxide alarms required in rental dwellings.
(1)
Every rental dwelling that contains a fuel-burning appliance
or equipment, which shall be defined as any appliance capable of burning
organic materials in accordance with this provision, shall have installed
and shall maintain, in good working condition, the required number
of carbon monoxide alarms, which shall have a battery backup if electrically
operated. Such carbon monoxide alarm may be combined with a smoke-detecting
device which complies with the New York State Uniform Fire Prevention
and Building Code.
(3)
Compliance with other standards. Each approved carbon monoxide
alarm shall comply with all applicable state, county and Village regulations,
shall bear the label of a nationally recognized standard testing laboratory,
and shall meet the standard of UL 2034 or its equivalent.
(4)
Rendering alarm inoperable prohibited. Except as herein provided,
it shall be prohibited to render an installed carbon monoxide alarm
inoperable by breaking such alarm, painting the exterior, taping over
the alarm, disabling the alarm, removing the battery or using any
other method which prevents such carbon monoxide alarm from operating
in the manner for which it was intended. This provision shall not
apply to the normal procedure of replacing batteries in such carbon
monoxide alarm.
C.
Duty of owner. It shall be the duty of the owner of a rental dwelling
to:
(1)
Provide and install operational carbon monoxide alarm(s) in
each rental dwelling as required that shall have a battery backup
if electrically operated.
(2)
As part of the rental permit application process, and in order
to receive or renew a rental permit, complete a Village of Islandia
carbon monoxide detector certificate of installation and deliver the
completed certificate to the Village of Islandia Code Enforcement
Official, depending upon the number of rental units prior to receiving
or renewing a rental permit.
(3)
Unless the owner submits to a physical inspection of the rental
dwelling(s), the owner must provide the Code Enforcement Official
with a completed and signed affidavit attesting to the installation
of the required carbon monoxide alarm(s).
(4)
The Code Enforcement Official may request to inspect a rental
dwelling for compliance at his discretion. Refusal to allow such an
inspection by the owner of such dwelling may form the basis to make
an application to a court of competent jurisdiction for a search warrant.
(5)
Provide the tenant(s) with a copy of the completed carbon monoxide
detector certificate of installation and/or the signed affidavit attesting
to the installation of the required carbon monoxide alarm(s).
(6)
Replace any carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable within five days of receiving notification from the occupant, as described in § 138-10.1, that said alarm has been stolen, removed, found missing or rendered inoperable.
(7)
Any carbon monoxide alarm(s) must be replaced as per manufacturer's
specifications.
D.
Duty of occupant. It shall be the duty of the occupant of a rental
dwelling to:
E.
Severability. If any clause, sentence, paragraph, section or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy and in which such judgment
shall have been rendered.
The Code Enforcement Officer is authorized to make or cause
to be made inspections, from time to time, to determine the condition
of a rental dwelling and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Officer is authorized
to enter, upon consent of the owner or occupant, any rental dwelling
and the premises in which the same is located, at any reasonable time
during daylight hours or at such other time as may be necessary in
an emergency without consent of the owner or occupant for the purpose
of performing his duties under this article. It shall be a condition
of each rental permit, expressly stated therein, that the Code Enforcement
Officer shall have the right to inspect each permitted rental dwelling
during the term of the permit in accordance herewith, for the purpose
of performing his duties under this article.
The Code Enforcement Officer is authorized to make application
to the Village Justice Court of the Village of Islandia or the District
Court of Suffolk County or such other court of jurisdiction for the
issuance of a search warrant to be executed by a police officer, in
order to conduct an inspection of any premises covered by this article,
where the owner or occupant refuses or fails, after due notice by
certified mail, to allow an inspection of the rental dwelling or premises
and where there is reasonable cause to believe that a violation of
any state, county or Village law or ordinance has occurred. The application
for search warrant shall, in all respects, comply with applicable
laws of the State of New York.
A.
The Code Enforcement Officer shall revoke a rental permit or renewal
rental permit where it appears that an owner has:
(1)
Caused, permitted, suffered or allowed to exist and remain upon the
premises for which such permit has been issued, for a period of 10
days or more after written notice has been given to the owner of such
rental dwelling, a violation of any state, county or Village law;
or
(2)
Refused permission to the Code Enforcement Officer, after written
request, to make an inspection at reasonable times, or in an emergency
at any time, of the premises in which such rental dwelling occupancy
has been permitted, to determine the condition of the same or otherwise
to discharge the duties of such Code Enforcement Officer under this
article.
B.
An appeal from such revocation may be taken by the owner to the Board
of Trustees, by written request, made within 30 days from the date
of such revocation. The 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 may make written findings, conclusions
and decisions either sustaining such permit revocation or reinstating
such permit within 30 days after close of such public hearing.
A.
It shall be unlawful and a violation of this article and an offense
within the meaning of the Penal Law of the State of New York for any
person to:
(1)
Establish, maintain, use, let, lease, rent or offer to rent or lease
any residential property in the Village of Islandia or suffer or permit
the occupancy and use thereof as a rental occupancy without having
first obtained a rental permit for such rental occupancy from the
Village of Islandia as herein provided.
(2)
List, solicit, advertise or offer, exhibit or show to any person
a rental dwelling located within the Village of Islandia, for the
purpose of bringing about the rental thereof, or permit the occupancy
of any rental dwelling where no currently effective rental permit
has been issued with respect to that rental dwelling by the Code Enforcement
Officer of such Village, as herein provided. Before any real estate
broker or sales agent lists, shows or otherwise offers for lease or
rent any rental dwelling, the real estate broker or sales agent shall
obtain a copy of the owner's rental registration from the Code
Enforcement Officer, which shall be kept on file in the office of
the real estate broker or sales agent and shown to all prospective
lessees or tenants.
(3)
Accept a deposit of rent or security or a commission in connection
with the rental of a rental dwelling located within the Village of
Islandia where no currently effective rental permit has been issued
in respect to such rental dwelling by the Code Enforcement Officer
as herein provided.
B.
In the event that such a person convicted of a violation of Subsection A of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Village Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the Village, pursuant to the provisions of Article 12A of the Real Property Law.
A.
Any person, firm or corporation which shall violate or fail to comply
with any provision of this article of the Islandia Village Code shall
be guilty of a violation which shall be punishable of a fine of $1,000
per violation for the first violation.
B.
Any person, firm or corporation which shall violate or fail to comply
with any provision of this article of the Islandia Village Code shall
be guilty of a violation which shall be punishable by a fine of $5,000
per violation for the second violation and for each subsequent violation.
C.
Each day that a violation of this article shall exist shall constitute
a separate violation.
D.
The remedies of the Village of Islandia shall not be exclusive, and
the Village of Islandia shall not be precluded from electing to pursue
civil or injunctive relief in the event that the Village of Islandia
initially proceeds to issue a violation or appearance ticket in response
to a violation of this article, and similarly the Village of Islandia
shall not be precluded from issuing a violation or appearance ticket
in response to a violation of this article if the Village had first
determined to pursue a civil remedy.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.
