The Common Council has determined that there
exist in the City of Middletown serious conditions, including but
not limited to housing, safety, health and zoning violations, arising
from rental of single- and owner-occupied two-family dwelling units.
The purpose of this article is to establish
a procedure and standards for the inspection of single- and owner-occupied
two-family dwelling units when there is a change in occupancy or the
completion of a two-year term, and to fix the responsibilities on
owners to ensure that residential rental property is maintained in
accordance with the standards set forth in the New York State Uniform
Fire Prevention and Building Code and the Code of the City of Middletown.
This article is adopted to promote the health and safety of tenants
and to remedy conditions of substandard housing.
As used in this article, the following tents
shall have the meaning indicated:
CHANGE IN OCCUPANCY
Whenever a tenant moves from or vacates, willingly or otherwise,
or expresses the firm intent to vacate a dwelling unit in a single-family
dwelling or in an owner-occupied two-family dwelling.
OWNER-OCCUPIED TWO-FAMILY DWELLING
A detached building designed for or occupied exclusively
by two families living independently of each other, in which the owner
of the plot upon which the two-family dwelling is situated lives on
premises.
RENTAL PERMIT
A document issued by the Department of Public Works to a
property owner in accordance with the standards and requirements set
forth in this article.
SINGLE-FAMILY DWELLING
A dwelling unit designed for or occupied exclusively by one
family in detached and attached buildings. Includes condominium and
townhouse units.
[Amended 10-16-2012]
TENANT
A party whose right to possession of a residential rental
unit is subject to the express or implied consent of the owner.
The Commissioner of Public Works or his designee
shall review each application for completeness and accuracy and shall
make an on-site inspection of the proposed rental unit. No rental
permit shall be issued for a rental unit consisting of one room only
unless such room shall provide a minimum clear floor area of 150 square
feet. All rooms of 100 square feet or more presently in existence
and being occupied shall not be required to be enlarged unless the
building is modified or enlarged. If satisfied that the proposed rental
unit complies fully with all applicable laws, rules and regulations
of the state, county and City, including local laws and ordinances,
and that such rental unit would not create an unsafe or dangerous
condition or create an unsafe or substandard structure or create a
nuisance to adjoining or nearby properties, the Commissioner of Public
Works or his designee shall issue the permit applied for.
The Commissioner of Public Works or his or her
designee is authorized to make or cause to be made inspections, upon
application for a permit or upon change of occupancy, to determine
the condition of rental units and to safeguard the health, safety,
and welfare of the public. The Commissioner of Public Works or his
or her designee is authorized to enter, upon consent of the owner
or occupant, any rental unit and the premises in which the same is
located at any reasonable time. Unconsented entries and entries at
unreasonable hours may be made upon warrant duly issued by a Judge
of the City Court of Middletown. All applications and renewals shall
be granted only after an inspection.
The Commissioner of Public Works or his or her
designee is authorized to make application to the City Court of Middletown
for the issuance of a search warrant to be executed by a police officer
where there exists reasonable justification for an inspection to be
conducted pursuant to this article or where there is reasonable cause
to believe that there has occurred or is occurring a violation of
this article, of the New York State Uniform Fire Prevention and Building
Code, or of the Code of the City of Middletown. The application for
a search warrant shall, in all respects, comply with applicable laws
of the State of New York.
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:
A. Lease or permit the occupation of a single-family
or owner-occupied two-family dwelling unit, as defined herein, without
a rental permit.
B. List, solicit, advertise or offer, exhibit or show
to any person a rental unit in a single-family dwelling or owner-occupied
two-family dwelling for the purpose of bringing about the rental thereof
unless:
[Amended 11-4-2019]
(1) There is a currently effective rental permit for the subject unit issued in accordance with Article
IV of this chapter; or
(2) A
full application for a rental permit for the subject unit has been
submitted to the Department of Public Works.
C. Accept a deposit of rent or security in connection
with the rental of a rental unit in a single-family dwelling or an
owner-occupied two-family dwelling unless:
[Amended 11-4-2019]
(1) There is a currently effective rental permit for the subject unit issued in accordance with Article
IV of this chapter; or
(2) A
full application for a rental permit for the subject unit has been
submitted to the Department of Public Works.
A person who shall violate a provision of this
article shall be guilty, upon conviction, of an offense punishable
by a fine not less than $250 nor more than $1,000 or by imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment.
Each day that a violation is permitted to exist shall constitute a
separate offense.