[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 2-17-2009 by L.L. No. 1-2009; amended in its entirety 5-7-2013 by L.L. No. 2-2013. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Superintendent of the Building Department and Ordinance Inspector, Deputy Building Superintendent, Village Code Inspector, Code Enforcement Officer, Zoning Inspector, Assistant Superintendent of Building Department, Senior Building Inspector, Building Inspector, Senior Fire Prevention Inspector, Fire Prevention Inspector, Electrical Inspector, Housing Inspector, Inspector of Street Maintenance, and Complaint Investigator.
- DWELLING UNIT
- A structure or building or part thereof or an area, room or rooms therein occupied or to be occupied by one or more persons as a home or residence.
- A. Owner or any other person or persons or entity or entities having the right to possession of a dwelling unit, except:[Amended 8-4-2009 by L.L. No. 5-2009; 5-7-2013 by L.L. No. 2-2013]
- (1) Public housing authority organized as such under the laws of the State of New York.
- (2) A cooperative corporation whose offering statement or prospectus has been accepted by the New York State Attorney General for filing under General Business Law § 352-e;
- (3) A not-for-profit corporation organized to own and operate a housing project, group home, or an assisted-living or moderate-income senior-citizen housing project in conjunction with New York State;
- (4) A nursing home or an assisted-living facility; and
- (5) A state-, county-, town- or village-operated group home or treatment facility.
- B. Under this definition, a tenant can be an owner in relation to a subtenant.
- A return, in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and/or occupancy or the right to the use and/or 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.
- RENTAL DWELLING UNIT
- A dwelling unit established, occupied, used or maintained for rental occupancy.
- RENTAL OCCUPANCY
- The occupancy or use of a dwelling unit by one or more persons as a dwelling unit under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There is a rebuttable presumption that any occupancy or use of a dwelling unit is a rental occupancy if the owner of the building containing the dwelling unit does not reside in the same building.
Scope. This chapter shall apply to all rental dwelling units located within the Village, whether or not the use and/or occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located.
Applicability. The provisions of this chapter shall be deemed to supplement applicable federal, state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county, state or federal government, or existing requirements of any other applicable federal, state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable federal, state or local law, ordinance, 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 chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation.
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, motels, hotels, extended-stay residences, bed-and-breakfasts and any dwelling units contained therein to allow, permit or suffer the occupancy of any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building, motels, hotels, extended-stay residences, bed-and-breakfasts and any dwelling units contained therein, without having first obtained a rental occupancy 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.
Application for a rental occupancy permit for a rental dwelling unit shall be made, in writing, to the Superintendent of the Building Department or his designated representative, on a form provided by the Superintendent of the Building Department or his designated representative, for that purpose.
Such application shall be filed in duplicate and shall contain:
The name, address and telephone number of the managing agent or operator, if any, or of the owner of the dwelling unit intended for rental occupancy;
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 units intended for occupancy are located;
The number of persons presently residing in or occupying such rental dwelling unit intended for rental occupancy;
A description of the structure, including:
Each application shall be executed by and sworn to by the owner of the premises, or such person who manages or operates such premises if other than the owner.
Such application shall be accompanied by the following:
A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any;
A copy of the certificate of occupancy or certificate of existing use or a certification from the owner of the premises, or such person who manages or operates such premises if other than the owner, that the premises conforms to the certificate of occupancy or certificate of existing use for the premises in effect as of the date of the application. No application will be accepted without the submission of a valid certificate of occupancy or certificate of existing use or certification; and
A plot or sketch, drawn to scale, of each dwelling unit.
Permit application fee. A nonrefundable permit application fee of $50 shall be paid to the Village for each dwelling unit. In the event an application contains more than 10 dwelling units, a nonrefundable permit application fee of $20 shall be paid to the Village for each dwelling unit in excess of the first 10 dwelling units.
[Amended 10-7-2014 by L.L. No. 6-2014]
Inspection fee. If the applicant seeks to have an inspection, a fee of $150 shall be paid to the Village for each dwelling unit. Said application fee shall be paid upon the filing of an application for a rental occupancy permit.
The fees in connection with a single rental dwelling unit contained in the primary residence of an applicant, submitted by a person 62 years of age or over, shall be 1/2 the amount indicated in the Village of Hempstead Fee Schedule.
The Superintendent of the Building Department or his or her delegate shall review each application for completeness, and, upon satisfaction of same, the Superintendent of the Building Department or his or her delegate may issue the permit or permits.
All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance.
It shall be the duty of the Superintendent of the Building Department or his or her delegate to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permit holder, 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.
No permit shall be issued or renewed until the applicant has provided a certification that the rental dwelling unit is equipped with a functioning smoke detector device and carbon monoxide alarm in compliance with New York State Uniform Fire Prevention and Building Code.
No permit or renewal thereof shall be issued under any application unless the property shall be in compliance with all the provisions of the Code of the Village of Hempstead, the laws and sanitary and housing regulations of the County of Nassau and the laws of the State of New York.
Prior to the issuance of any such permit or renewal thereof, the property owner shall provide either (a) a certification from a licensed architect, a licensed professional engineer or a Village Building Inspector, or (b) a certification from the owner of the premises that the property which is the subject of the application is in compliance with the laws and sanitary and housing regulations of the County of Nassau, the State of New York and the Code of the Village of Hempstead.
[Amended 10-7-2014 by L.L. No. 6-2014]
The Superintendent of the Building Department or his designated representative or a Village Code Enforcement Officer is authorized to make or cause to be made inspections to determine the conditions of a dwelling unit, rental dwelling unit or premises and to safeguard the health, safety, morals and welfare of the public. The Superintendent of the Building Department or his designated representative or a Village Code Enforcement Officer is authorized to enter, upon the consent of the owner, any dwelling unit, rental dwelling unit or premises at any reasonable time during daylight hours for the purpose of performing his duties under this chapter.
The Superintendent of the Building Department or his designated representative or a Village Code Enforcement Officer is authorized to make application to the Village Court of the Incorporated Village of Hempstead for the issuance of a search warrant in order to conduct an inspection of any dwelling unit, rental dwelling unit or premises covered by this chapter where the owner refuses or fails to allow an inspection of the dwelling unit, rental dwelling unit or 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 shall be deemed to authorize the Superintendent of the Building Department or his designated representative or a Village Enforcement Officer or the Village to conduct an inspection of any dwelling unit, rental dwelling unit or premises without the consent of the owner dwelling unit, rental dwelling unit or premises or without a warrant duly by an appropriate court.
It shall be unlawful and a violation of this chapter and an offense within the meaning of the Code of the Village of Hempstead for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Superintendent of the Building Department or his or her delegate. It shall be the broker's or agent's duty to verify the existence of a valid permit before acting on behalf of the owner. In the event that a person convicted of a violation of § 106-3 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 Superintendent of Buildings or his or her delegate 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 license on behalf of the Village, pursuant to the provisions of New York State law.
No person or business entity, including, without limitation, an owner, real estate brokerage firm, real estate company, real estate broker and/or agent, shall solicit, advertise, cause, permit and/or allow another person or business entity to solicit, advertise, or publish to the general public or to a selected segment of the general public a written offer to lease, hire or otherwise occupy a rental dwelling unit, within the Village of Hempstead, unless the rental dwelling has in effect a valid permit for the rental dwelling unit. For purposes of this section, "publish" means to promulgate to the general public or to selected segments of the general public in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign or electronic media. Violation of this section shall be unlawful and an offense within the meaning of the Hempstead Village Code.
Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used as a rental occupancy:
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 subject property;
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;
There are separate entrances for segregated parts of the dwelling;
There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;
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;
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
There are two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator;
A premises has been advertised in any newspaper, magazine, local advertising publication or posted or billed as being available for rent;
There is more than one mailbox at the premises;
There is more than one gas meter at the premises;
There is more than one electric meter at the premises;
There is more than one doorbell at the premises;
There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname;
There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup period;
There is no electric meter annexed to the exterior of the premises.
Nothing herein shall be construed to prevent persons living together as a family unit with the owner.
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter or knowingly submits and application where the contents thereof are not accurate shall be guilty of a violation, punishable:
[Amended 7-7-2020 by L.L. No. 3-2020]
By a fine of not less than $3,000 and not exceeding $6,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
By a fine of not less than $6,000 and not more than $12,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second offense within five years of the first conviction.
By a fine of not less than $20,000 and not more than $40,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years.
Each week's continued violation shall constitute a separate additional violation.
This chapter shall be effective immediately upon filing with the office of the Secretary of State. No violation of this chapter will be charged prior to November 1, 2014, and no violation of this chapter regarding failure to obtain a permit will be charged against a person or entity which:
[Amended 10-7-2014 by L.L. No. 6-2014]
Has filed the necessary application in proper form and in good faith, with all required information and attachments, on or prior to November 1, 2014; and
Has provided a certification (a) from a licensed architect, a licensed professional engineer or a Village Building Inspector, or (b) a certification from the owner of the premises that the property which is the subject of the application is in compliance with the laws and sanitary and housing regulations of the County of Nassau, the State of New York and the Code of the Village of Hempstead, and has not received a final determination on the application, for reasons over which the applicant has no control.
Severability. If any clause, sentence, paragraph, subdivision, section or other part of this chapter shall be for any reason adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter without such unconstitutional and/or invalid parts therein.