This chapter shall be known as the "Rental Dwelling Registry
and Occupancy Law of the Code of the Town of Cortlandt."
It is the intent of the Town of Cortlandt Town Board to establish
a Rental Dwelling Registry and Occupancy Law for the protection of
the health, safety and welfare of residents, to protect the diversified
housing stock from deterioration, to provide uniform administration
and compliance with the building and fire requirements of New York
State and this municipality and to address ongoing issues within the
Town of Cortlandt by owners of real property who offer the same for
rent but do not reside in the structure.
Except as hereinafter provided, this chapter shall apply to
every three-unit or larger rental dwelling, dwelling unit and premises
that are leased, rented, let, assigned or otherwise classified as
a rental property) with or without valuable consideration, by an owner,
occupant, or absentee owner.
As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING
Any building which is wholly or partly used or is intended
to be used as habitable space for human occupants.
OWNER
Any person or entity who or which, alone or with others,
has legal or equitable title.
RENTAL DWELLING UNIT
Any room or contiguous group of rooms located within a building
and forming a single, habitable living space for one family.
ROOMING UNIT
Any furnished room for rent located within a building or
forming a single sleeping space.
All rental units containing three or more units shall be registered
with the Town of Cortlandt by the owner as required herein.
The Town shall maintain a registry of all rental dwellings and
rental units containing the following information, which shall be
provided by the owner on forms available from the Zoning Administrator:
A. The name, legal residence address and telephone number of the owner
and any agent in control of the rental dwelling, and, in the event
the owner or agent is not a natural person, then the owner information
shall be that of the president, general manager or other chief executive
officer of the organization. Where more than one natural person has
an ownership interest, the required information shall be included
for each owner. The information required herein shall also include
the address and phone number where the owner(s), agent(s) and/or responsible
person(s) may be reached day and night.
B. The name and address of the 24/7 contact of the on-site maintenance
person(s) or management company.
C. The number and type of rental units in the dwelling.
D. The address of the rental dwelling.
E. The employer identification number in the event that the rental dwelling
is owned by a corporation.
F. If neither the address of the owner or the address of the agent in control of the premises as provided in Subsection
A is within a radius of 25 miles of the premises, the name, legal residence or business address within Westchester County and telephone number of a natural person who shall be an agent for service of notices and orders issued under this chapter and for service of process in connection with the prosecutions of violations of this chapter in Town of Cortlandt Court or other court of competent jurisdiction.
It shall be a violation of this chapter for an owner or a responsible
person to provide inaccurate information for the registry of rental
dwellings or to fail to provide the information required herein for
the registry.
No owner, agent or person in charge shall collect rents during
any period of noncompliance with a notice to cure issued pursuant
to this chapter which would otherwise be due and owing for the rental
of the premises unless and until he or she shall have complied with
the provisions herein.
The provisions of this chapter shall not apply to dwellings
designed and used exclusively for occupancy as hotels, motels, transient
homes or establishments of like nature.
Any person who shall knowingly and willfully violate or assist
in the violation of or who fails to comply with a notice and order
issued by the Fire and/or Building Inspector under the aforementioned
sections shall, upon conviction, be punished by a fine not to exceed
$1,000 or a civil penalty not exceeding $3,000.