[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-14-1997 by L.L. No. 8-1997 (Ch.
56 of the 1968 Code)]
The Village Board of the Village of Patchogue
has determined that there exist in the Village of Patchogue serious
conditions arising from the rental of dwelling units that are substandard
or in violation of the New York State Uniform Fire Prevention and
Building Code and other codes and ordinances applicable within the
Village of Patchogue; are inadequate in size, overcrowded and dangerous;
that such dwelling units pose hazards to life, limb and property of
residents of the Village of Patchogue and others; tend to promote
and encourage deterioration of the housing stock of the Village of
Patchogue; create blight, excessive vehicle traffic and parking problems;
and overburden municipal services. The Board finds that current Code
provisions are inadequate to halt the proliferation of such conditions
and that the public health, safety, welfare and good order governance
of the Village of Patchogue will be enhanced by enactment of the regulations
set forth in this article, which regulations are remedial in nature
and effect.
[Amended 10-12-2004 by L.L. No. 9-2004]
A.
Scope. This article shall apply to all rental dwelling
units located within the Village of Patchogue, 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
unit is located, as provided in this article. Any dwelling unit, rooming
house unit, boardinghouse unit or any other premises subject to this
article shall be presumed to be rented for a fee and a charge made
if said premises are not occupied by the legal owner thereof.
B.
Applicability. The provisions of this article shall
be deemed to supplement applicable state and local laws, codes and
regulations. Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies or existing requirements of
any other provision of state or local law or code or regulation. In
case of conflict between any provision of this article and any applicable
state or local law, code or regulation, the more restrictive or stringent
provision or requirement shall prevail. The issuance of any permit
or the filing of any form under this article does not make legal any
action or state of facts that is otherwise illegal, unlawful or unpermitted,
or otherwise in contravention of any other applicable law, code, rule
or regulation.
A.
BOARDINGHOUSE or ROOMING HOUSE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
[1]
[2]
[3]
(3)
BUILDING AND HOUSING DEPARTMENT
BUILDING INSPECTOR
CODE ENFORCEMENT OFFICER
CONVENTIONAL BEDROOM
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
IMMEDIATE FAMILY
KITCHEN
NEW PERMIT
NONCONFORMING BUILDING OR USE
NONHABITABLE SPACE
OWNER
OWNER OCCUPIED
RENEWAL PERMIT
RENT
RENTAL DWELLING UNIT
RENTAL OCCUPANCY
RENTAL OCCUPANCY PERMIT
RENTAL OCCUPANCY REGISTRATION
Definitions. As used in this article, the following
terms shall have the meanings indicated:
[Added 8-13-2001 by L.L. No.
5-2001; amended 3-25-2002 by L.L. No. 2-2002]
A building that provides sleeping accommodations,
with or without compensation, for 16 or fewer persons, on either a
transient or permanent basis, with or without meals, but without permanent
cooking facilities for individual occupants.
It shall be presumed that a building is being used as a boardinghouse or rooming house if any two or more of the following features or states of facts are found to exist by the Building Inspector or any person authorized to enforce or investigate violations of Chapter 435 of the Code of the Village of Patchogue or any laws, codes, rules or regulations of the State of New York or from other competent evidence:
[Amended 10-12-2004 by L.L. No. 9-2004]
Separate written or oral leases or rental arrangements,
payments or agreements for portions of the building among its owner(s)
and occupant(s);
The inability of any occupant to have lawful
access to all parts of the building;
That the structure shows evidence of an entrance(s)
that is not set forth on plans maintained or approved by the Building
and Housing Department and that the Building Inspector has cause to
believe is unauthorized.
[Amended 4-23-2007 by L.L. No. 6-2007]
Partitions or internal doors with or without
keyed locks that may serve either to bar access between segregated
portions of the building, or to subdivide existing bedrooms into separate
bedroom spaces, including but not limited to a basement, living room
or bedroom(s);
Two or more kitchens, or kitchen-type areas,
each of which contains a range, oven, refrigerator, microwave or other
cooking apparatus;
The installation or use of portable kitchen
appliances, including but not limited to hotplates, microwaves or
a refrigerator in bedrooms or other nonkitchen areas;
The conversion of nonhabitable space or habitable
space to bedroom space or additional bedroom space;
Used or available parking spaces in excess of
10% of the total lot area;
Two or more electrical meters; or
Two or more mailboxes and/or mail slots;
Two or more satellite dishes;
Evidence that garbage, septage or water usage
exceeds the reasonable estimate of such use for the use permitted
for the premises;
Two or more gas meters;
[Added 4-23-2007 by L.L. No. 6-2007]
Two or more water meters;
[Added 4-23-2007 by L.L. No. 6-2007]
Two or more motor vehicles routinely parked
overnight upon or adjacent to the dwelling lot that are registered
to persons with different surnames; or
[Added 4-23-2007 by L.L. No. 6-2007]
The dwelling has been advertised in any newspaper,
magazine, circular, local advertising publication, or by electronic
realty or realtor advertising, as being available for sale or rent,
which advertisement provides:
[Added 4-23-2007 by L.L. No. 6-2007]
That such dwelling contains rooms for rent,
numbers of dwelling units available, or that the dwelling may be occupied
by more than one separate family; or
That the property is being used as a dwelling
containing rental units, or the number of rooms for rent, dwelling
units available or multifamily accommodation; and
Such advertising is contrary to the authorized
number of rooms or dwelling units for the premises, or is contrary
to the use authorized for the premises.
The presumption raised by proof of the existence of any of the conditions identified in Subsection (2) hereof may be rebutted in a court of competent jurisdiction by conclusive evidence that such condition does not exist or that such condition complies with the Village Code or is otherwise authorized.
[Amended 4-23-2007 by L.L. No. 6-2007]
The Building and Housing Department of the Village of Patchogue
or any agent or officer of such Department.
[Added 8-13-2001 by L.L. No. 5-2001]
The Building Inspector of the Village of Patchogue or any
person duly appointed as such Inspector.
[Added 8-13-2001 by L.L. No. 5-2001]
The Building Inspector, Housing Inspector, any Fire Marshal,
Fire Inspector or Chief of the Fire Department, or their delegates
or assistants.
[Amended 10-12-2004 by L.L. No. 9-2004]
A room designed as a bedroom or, as in the case of a studio
apartment, a common room used for sleeping purposes. Rooms having
other purposes, such as dens, living rooms or hallways, are not to
be interpreted as "conventional bedrooms." A room may not be converted
to a conventional bedroom without the permission of the Building and
Housing Department.
[Added 8-13-2001 by L.L. No. 5-2001]
A building or portion thereof designed for or occupied by
three or more families living independently of each other.
[Added 8-13-2001 by L.L. No. 5-2001]
A building designed and authorized for exclusive occupancy
as a home or residence for not more than one family, which building
shall have not more than one kitchen.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
A building designed and authorized for exclusive occupancy
as a home or residence for not more than two families living independently
of each other, which building shall have at least, but not more than,
two kitchens.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
A structure or building used as a one-, two- or three-family
dwelling or a multiple-apartment unit, condominium or cooperative,
occupied or to be occupied by one or more persons as a home or residence
with separate kitchen facilities per dwelling unit.
[Amended 8-13-2001 by L.L. No. 5-2001; 10-12-2004 by L.L. No.
9-2004]
One or more persons related by blood, adoption or marriage,
or a domestic partnership, living and cooking together as a single
housekeeping unit, or a number of persons, not so related, but the
factual and functional equivalent of the same, living and cooking
together as a single housekeeping unit and as a relatively permanent
household, and not as a framework for transients or transient living.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
Persons related to the family of the owner of a dwelling
unit, to include: the owner's spouse, children, parents, grandparents,
grandchildren or their functional equivalent, and no others.
[Amended 10-12-2004 by L.L. No. 9-2004]
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
[Added 5-29-2007 by L.L. No. 11-2007]
A permit that is issued to the owner of an intended rental
dwelling unit where such premises do not possess a rental permit that
is valid and in force prior to the date that the application is submitted
for said rental permit.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
One that does not conform to the applicable building, zoning
or other relevant regulations of the district in which it is situated.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame in a room is presumptive evidence that the room is being used
for sleeping purposes.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
Any person, partnership, corporation or other entity who,
alone or jointly with others, shall have legal title to any premises,
with or without accompanying actual possession thereof; or who shall
have charge, care or control of any dwelling unit as a cooperative
shareholder or as executor, administrator, trustee, receiver or guardian
of the estate or as a mortgagee in possession, title or control; including
but not limited to a bank or lending institution, regardless of how
such possession, title or control was obtained.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
Occupation of a dwelling unit, other than a multiple-apartment
unit, condominium or cooperative, by the owner and/or his immediate
family.
[Added 8-13-2001 by L.L. No. 5-2001]
A permit that is issued to the owner of a rental dwelling
unit where such premises does possess a rental permit that is valid
and in force prior to the date that the application is submitted for
said rental permit.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
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
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling unit established, occupied, used or maintained
for rental occupancy as a one-, two- or three-family dwelling or multiple-apartment
unit or condominium or cooperative, under or by virtue of a rental
or lease agreement, verbal or written, or where any sum or thing is
paid for occupancy or a charge is made for use and/or occupancy, or
where occupancy is pursuant to a contract of sale or installment payment
contract, or free of payment by the occupant where payment is made
by another individual, organization or agency, or any other occupancy
or arrangement for charge of any kind.
[Amended 8-13-2001 by L.L. No. 5-2001; 10-12-2004 by L.L. No.
9-2004]
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use. A renter or
lessee subletting or reassigning any part or all of any dwelling or
dwelling unit shall be deemed to be a co-owner with the lessor for,
and shall assume and have joint responsibility over, the portion of
the premises sublet or assigned by said lessee.
[Amended 10-12-2004 by L.L. No. 9-2004]
A permit which is issued upon application by the Building
and Housing Department for a rental dwelling unit.
[Added 8-13-2001 by L.L. No. 5-2001]
The registration of a rental dwelling unit on a form that
is approved by the Building and Housing Department.[1]
[Added 8-13-2001 by L.L. No. 5-2001]
[1]
Editor's Note: The definition of "rooming
house," added 8-13-2001 by L.L. No. 5-2001, which immediately followed
this definition, was repealed 3-25-2002 by L.L. No. 2-2002. See now
the definition of "boardinghouse or rooming house."
B.
Word usage. Words used in the singular number shall
include the plural, and vice versa; the word "shall" is mandatory.
[Added 8-13-2001 by L.L. No. 5-2001;
amended 10-12-2004 by L.L. No. 9-2004]
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 or entity who owns or rents a dwelling unit
in the Village of Patchogue to use, establish, maintain, operate,
let, lease, sublease, rent or suffer or permit the occupancy and use
thereof as a rental occupancy without first having obtained a valid
rental occupancy permit therefor. Failure or refusal to procure a
rental occupancy permit hereunder shall be deemed a violation.
[Amended 10-12-2004 by L.L. No. 9-2004; 2-25-2013 by L.L. No. 4-2013]
(1)
It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter.
(2)
Rebuttable
presumption of rent. Any dwelling, dwelling unit, rooming house, rooming
unit or any other premises subject to this chapter shall be presumed
to be rented for a fee and a charge made if said premises are not
occupied by the legal owner thereof.
[Added 10-28-2013 by L.L. No. 16-2013]
B.
Application for a rental occupancy permit for a rental
dwelling unit shall be made in writing by the owner of the property
to the Building and Housing Department on a form provided therefor.
Such application shall be filed and shall contain:
[Amended 8-13-2001 by L.L. No. 5-2001; 3-26-2007 by L.L. No.
3-2007]
(1)
The name, residence address, mailing address and telephone
number, if any, of the owner of the dwelling unit intended for rental
occupancy.
(2)
The street address and Tax Map designation (section,
block and lot or lots) of the premises intended for rental occupancy
or the premises in which the rental dwelling units intended for occupancy
are located.
(3)
A description of the structure, including the number
of rental dwelling units in the structure.
(4)
The number of persons intended to be accommodated
by, and to reside in, each such rental dwelling unit.
(5)
The number of rooms and the dimensions and use of
each room in the structure but outside of the rental dwelling units.
(6)
For each rental dwelling unit, a description of the
unit, including the number of rooms in the rental dwelling unit and
the dimensions of each such room.
(7)
A property survey of the premises, drawn to a scale
not greater than 40 feet to one inch, 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 vehicle parking
facilities.
(8)
A copy of the certificate of occupancy and/or certificate
of zoning compliance and any certificates of nonconforming use as
recorded by the Incorporated Village of Patchogue for the premises
on which the rental dwelling unit intended for occupancy is located.
C.
Each application shall be executed by and sworn to
by the owner of the premises.
D.
Notwithstanding the above, no rental occupancy permit
shall be required for a residential care facility established under
New York State guidelines.
A.
A nonrefundable biannual permit application fee as
set from time to time by resolution of the Board of Trustees shall
be paid, upon filing an application for a rental occupancy permit,
in accordance with the schedule of rental dwelling units per structure.[1]
[Amended 8-13-2001 by L.L. No. 5-2001[2]]
B.
The fee required by this section shall be waived for
any applicant which demonstrates that it is a not-for-profit housing
development corporation organized under the laws of the State of New
York, and that it is providing housing for senior citizens or other
designated special populations subject to income guidelines established
by either federal or state regulation.
C.
Any commercial hotel/motel business operating exclusively
and catering to transient clientele, that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing, travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel operation, shall pay a biannual fee as set from time to
time by resolution of the Board of Trustees per application.[3] For the purpose of this article, a "short duration" shall
be defined as not more than 21 consecutive days. This section shall
not apply to any commercial motel/hotel whose primary purpose is to
provide permanent residences to their customers. For the purposes
of this article, "permanent residence" shall be defined as more than
21 consecutive days.[4]
[Amended 11-24-1997 by L.L. No. 17-1997; 8-13-2001 by L.L. No. 5-2001; 10-12-2004 by L.L. No. 9-2004]
A.
The Senior Building Inspector, or his designee, shall
review each application for completeness and return incomplete applications
or advise the owner that the application is complete within two weeks
of receipt of the application by the Village. Within 30 days of receiving
notice from the Village of Patchogue of receipt of a complete application,
the owner of the rental dwelling unit shall, at the owner's election:
arrange for an inspection of the unit or units and the premises on
which the same are located by a Code Enforcement Officer employed
by the Village; or shall provide to the Village sufficient evidence,
certified by a licensed engineer, that the structure and the dwelling
units contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations.
B.
Upon completion of the inspection by a Village Code
Enforcement Officer, he shall issue findings in a written report,
the format of which will be provided by the Village Building and Housing
Department.
C.
Upon completion of the inspection by a licensed engineer
hired by the owner, he shall issue findings in a written report, the
format of which will be provided by the Village Building and Housing
Department.
D.
The inspection and report shall be completed and filed
with the Village Building and Housing Department within 120 days of
the notice of completion of the application. If the report states
that the proposed rental dwelling unit or units, as well as the premises
in which the same are located, comply fully with all applicable state
and local laws, rules and regulations and that such rental dwelling
unit or units do not create an unsafe or dangerous condition, the
Senior Building Inspector or his designee shall issue the permit,
which shall state the name and address of the owner of the subject
property, the maximum number of occupants and the number of conventional
bedrooms for the structure.
[Amended 9-26-2005 by L.L. No. 12-2005]
[Amended 7-10-2023 by L.L. No. 8-2023]
All permits issued pursuant to this article
shall be valid for a period of two years from the date of the Building
and Housing Department's receipt of a completed application.
It shall be the duty of the Senior Building
Inspector to maintain a register of permits issued pursuant to this
article. Such register shall be kept by street address, showing the
name and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date of expiration of permit for such unit.
A.
The Senior Building Inspector may recommend to the
Board of Trustees the revocation of a rental occupancy permit where
he or she finds that the permit holder has caused, permitted, suffered
or allowed to exist and remain upon the premises for which such permit
has been issued, for a period of 14 days or more after written notice
has been given to the permit holder or the managing agent of such
rental dwelling unit, a violation of the Multiple Residence Law, New
York State Uniform Fire Prevention and Building Code or a violation
of this article or other chapter of the Village Code.
B.
Upon the recommendation of the Senior Building Inspector
and after 10 days' written notice by certified mail to the owner,
the Village Board shall hold a public hearing on such recommendation
within 60 days after such recommendation, and after such hearing shall
make written findings, a conclusion and a decision.
[Amended 3-26-2007 by L.L. No. 3-2007]
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 owner to permit any tenant(s) or other person(s),
to take up residence by a rental occupancy in any dwelling unit without
the owner's first having completed and filed with the Code Enforcement
Officer a rental registration form approved by the Senior Building
Inspector, and bearing the signature of the owner acknowledging the
requirements of such permit.
[Amended 2-14-2005 by L.L. No. 2-2005]
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 real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf of the owner
as a residence with a rental dwelling unit or units any residence
or residential dwelling unit for which a current rental occupancy
permit is not in force. It shall be the real estate broker's or agent's
duty to verify the existence of a valid rental occupancy permit before
acting on behalf of the owner.
B.
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 real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf of the owner
any residential dwelling in a manner inconsistent with the use reflected
on the certificate of occupancy, certificate of zoning compliance,
certificate of existing use or special permit issued for the premises.
It shall be the real estate broker's or agent's duty to verify the
legal status of the premises before acting on behalf of the owner.
C.
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 real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf the owner
or such other person acting in the owner's behalf any residential
dwelling in a manner inconsistent with the number of rooms, bedrooms,
kitchens or units, identified on the property card for the premises
maintained by the Village of Patchogue for such structure. It shall
be the real estate broker or agent's duty to verify the legal status
of the premises before advertising the premises on behalf of the owner,
or such other person acting in the owner's behalf.
[Added 4-23-2007 by L.L. No. 5-2007]
[Amended 4-23-2007 by L.L. No. 6-2007]
Any person, association, estate, trust, firm
or corporation or other entity which violates any provision of this
article or assists in the violation of any provision of this article
shall be guilty of a violation as that term is defined in the New
York Penal Law and which is punishable:
A.
By a fine not exceeding $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of a
first offense, and by a fine not exceeding $5,000 or by imprisonment
for a period not to exceed 15 days, or both for any additional offense(s)
of this article that are charged.
B.
Each month that the violation continues to exist shall
constitute a separate and distinct offense.
C.
The Building Inspector or his designee shall be responsible
for investigating and documenting violations of any case of illegal
over-occupancy within the Village or for failure to comply with the
provisions of this article with regard to illegal advertisements.
D.
The Village Attorney shall be authorized to institute
an action in the Supreme Court for the State of New York, County of
Suffolk, for appropriate relief, including injunctive relief and may
seek the imposition of all costs related to such action to be charged
against the property, which such charges shall be collected as additional
tax.
[Added 6-8-2020 by L.L.
No. 6-2020]
Notwithstanding the provisions set forth in this article, a
rental occupancy permit issued pursuant to this article that expired
on or between March 7, 2020, and the enactment of this section or
will expire within three months of the enactment of this section,
may be extended for a period of up to six months upon approval by
the Senior Building Inspector of an application for a permit extension.
Said application shall be on a form designated by the Senior Building
Inspector and the Senior Building Inspector shall have discretion
in determining the extension period. An inspection of the premises
to be rented shall not be required if applicant avers in the application
that the premises complies fully with all applicable state and local
laws, rules and regulations and that such rental dwelling unit or
units do not create an unsafe or dangerous condition. This section
shall expire 12 months from its enactment.
