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.
OWNER
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.
RENT
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.
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.
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.
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.