This chapter will be known as the "Geneseo Rental
Housing Law," and will be referred to as such in this chapter.
The Board of Trustees has determined that there
exist in the Village of Geneseo issues arising from the rental of
dwelling units that may be substandard or in violation of the New
York State Uniform Fire Prevention and Building Code, the New York
State Multiple Residence Law, or other state codes or local codes;
dwelling units that are inadequate in size, overcrowded and dangerous,
that tend to promote or encourage deterioration of the housing stock
of the Village, create blight, excessive vehicular traffic and parking
problems and that tend to overburden municipal services. The Board
finds that the Village has transient residents, many of whom occupy
rental housing within the Village and whose members have generated
a disproportionate number of complaints of public nuisances, including
but not limited to noise, property damage, and property neglect; that
the current Code of the Village of Geneseo ("Village Code") lacks
sufficient incentives for owners to regulate the conduct of their
tenants; and that the Village Code lacks sufficient safeguards on
the population densities of rental housing. The Board further finds
that current Village Code provisions must be enforced to halt the
proliferation of such conditions and that the public health, safety,
welfare, good order and governance of the Village will be enhanced
by enactment of the regulations set forth in this chapter, which regulations
are remedial in nature and effect.
A.
This chapter and all provisions incorporated in this
chapter, by reference or otherwise, shall be known as the "Geneseo
Rental Housing Law," shall be cited as such and will be referred to
in this chapter as such and as "this local law" or as "this chapter."
B.
An official copy of this chapter and a certified copy
of this chapter may be obtained from the office of the Village Clerk.
This chapter supplements and/or incorporates
the requirements contained in the State Building Code, the State Property
Maintenance Code, and the State Multiple Residence Law. In the event
of a conflict between the aforementioned codes and this chapter, the
most restrictive requirements shall prevail to the extent permitted
under applicable law. This chapter is intended to supplement rather
than supersede existing state law.
A.
The provisions of this chapter shall apply to the
maintenance, repair, use and occupancy of all residential rental buildings
and structures now in existence or hereafter constructed, rehabilitated,
renovated or converted to residential use within the Village limits,
except those buildings and structures specifically excluded from the
provisions of this chapter and public nuisance structures as defined
herein. Any structure that was in compliance on the day previous to
the adoption of this chapter will be allowed to remain, except if:
B.
The legal occupancy of any rental building or structure
existing on the date of adoption of this chapter shall be permitted
to continue without change, except such changes as are specifically
required to be made to existing rental buildings or structures in
this chapter, the New York State Rental Housing Law, the New York
State Building Code, the Property Maintenance Code of New York State
or the Fire Code of New York State.
C.
Nothing in this chapter shall be deemed to change
the validity of or requirements for a certificate of occupancy under
the Building Code of New York State.
D.
Exceptions. The provisions of this chapter do not
apply to:
(1)
Buildings, structures and uses owned and operated
by any governmental unit or governmental agency, including the State
of New York, the State University College at Geneseo, or the County
of Livingston.
(2)
Single-family dwellings occupied by a record title
holder.
(3)
Transient shelters and group homes subject to state
inspection.
(4)
Residential structures of which ownership passes to
a governmental unit.
(5)
Hotels or motels.
(6)
Tourist homes or bed-and-breakfast dwellings.
(7)
Nursing homes, intermediate care nursing homes or
convalescent dwellings.
E.
Where a nonresidential business or activity or a state-licensed
or state-approved use occupies a portion of a building and the building
contains premises which would otherwise be subject to this chapter,
this chapter shall be and remain applicable to the residential and
common or public areas of such building and premises.
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following terms have
the following meanings and shall be so construed wherever they appear
in this chapter:
The Code Enforcement Officer.
Any room or space used or intended to be used for sleeping
purposes.
A penalty levied by the Code Enforcement Officer against
an existing permittee in accordance with this chapter.
The division within the Village charged with the duty to
inspect dwelling units, rooming houses, rooming units, premises and
structures for compliance with this chapter, and may also mean, as
the context indicates, a member of that division.
The person designated by the Mayor to issue permits pursuant
to § 4-400 of the Village Law, the administrator of the
Code Enforcement Office or his designee. Nothing herein shall be deemed
to require the Mayor to delegate permitting authority to the Code
Enforcement Officer. The designated officer shall be the authorized
representative for the enforcement of this chapter and for the administration
of the division.
Also referenced as the "Code Enforcement Officer," the person
appointed by the Mayor pursuant to § 4-400 of the Village
Law to issue permits; and the person charged with the administration
and enforcement of this chapter or any duly authorized representative
thereof.
A building containing two attached dwelling units under the
same ownership.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
It shall be presumptive evidence that more than
four persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit.
The occupants must share the entire dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family.
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses.
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools;
Members of the household have the same address
for purposes of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or other
dwelling units;
There is common ownership of furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility space
and similar areas are not considered habitable spaces.
Any dwelling containing more than two dwelling units or rooming
units.
The record title holder or contract purchaser, property manager,
tenant under a recorded lease or any executor, administrator, trustee,
conservator or other fiduciary, mortgagee or lien holder thereof;
an agent for the receipt of notice, legal process or other service
or any individual acting in a fiduciary capacity for the record title
holder or contract purchaser.
An owner who has been issued a rental permit within the preceding
36 months.
Any natural person and any entity that is recognized by law
as having the rights and obligations of a natural person.
Any person holding title of record by deed, contract of sale,
or judicial determination.
Any oral or written communication or personal observation
upon which the Code Enforcement Officer has probable cause to believe
that additional investigation is required to verify compliance with
this chapter.
A written or oral agreement embodying and fixing the terms
and conditions for the transfer of possession and the use and occupancy
of premises, whether or not for a definite period of time.
Dwelling units, rooming houses, rooming units,
or multiple dwellings which are occupied by one or more persons, none
of whom is a record title holder; or
Dwelling units, rooming houses, rooming units
or multiple dwellings which are used for residential purposes under
the terms of a rental agreement.
A building offered or occupied for lodging, with or without
meals, and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
A person, corporation, partnership or group, not the legal
owner of record, occupying a building or portion thereof as a unit.
