[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 12-21-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
It is the purpose of this chapter to protect the health, safety and welfare of the residents of the Village of Monroe, as well as to protect the Village's housing stock from deterioration, by establishing a program for registering and identifying residential rental properties and determining the responsibilities of owners of residential rental properties.
The Board of Trustees find that the registration of rental properties is intended to and will ensure the protection of persons and property in all existing rental structures and on all premises required to be registered under this chapter and to ensure that rental property owners adhere to applicable code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental dwelling can be certified, as well as for maintaining an inventory of available rental housing.
The intent of this chapter is to regulate the long-term rental of residential property. This chapter shall not be construed to permit short-term rental of a house or dwelling unit or portion thereof for a period of less than 30 days either directly by the owner or through rental services such as Airbnb, Vrbo, and other similar services.
[Added 9-24-2019 by L.L. No. 13-2019]
As used in this chapter, the following terms shall have the meanings indicated:
- ABSENTEE LANDLORD
- Any landlord who resides outside the designated boundaries of Orange County as those boundaries maybe defined at the time of regular, periodic registration.
- BUILDING INSPECTOR
- The Village member designated by the Village Board as having responsibility for enforcement of Chapter 80, Building Construction, Chapter 200, Zoning, and this chapter.
- HOUSING OR DWELLING UNIT
- Any single unit which is capable of housing one separate household, whether a detached single-family structure or building or part of a multi-household structure or building.
- IMMEDIATE FAMILY
- The "immediate family" of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents, or grandchildren.
- Any property owner or designated agent who offers a housing unit for occupancy to persons other than members of his immediate family in exchange for a fee or compensation, whether monetary or otherwise.
- RENTAL PERMIT
- A permit issued by the Village of Monroe stating that the reference structure or unit conforms to the standards of Chapter 80, Building Construction and Chapter 200, Zoning, and that the occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that certificate.
- RENTAL PROPERTY
- Any housing unit or units which are occupied for a period
of 30 days or greater by persons other than the owner or his immediate
family or for which a fee or compensation, monetary or otherwise,
is received by the owner in exchange for such occupation.[Amended 9-24-2019 by L.L. No. 13-2019]
- RESIDENT AGENT
- A representative of a property owner or landlord who resides within the designated boundaries of Orange County as defined at the time of periodic property registration.
All landlords must register with the Village of Monroe before any dwelling is utilized as rental property. Upon adoption of this chapter, initial registration will begin as soon as practicable after this chapter is effective. It is the responsibility of the property owner to register any rental property or properties, and failure to do so constitutes a violation of these regulations and is subject to the penalties set forth herein.
All absentee landlords must have a resident agent for all rental units.
All rental properties will be inspected on an annual basis.
Any substandard condition identified during an annual inspection must be corrected by the property owner before a rental permit shall be issued.
No housing unit shall be let, rented or occupied by someone other than the owner or his immediate family until a rental permit has been obtained for that unit.
All property owners will receive a notice following the adoption of this chapter of the code giving owners 30 days in which to register any rental properties that they may own.
The owner of a property constituting a rental unit shall register the same with the Building Inspector within 30 days of the effective date of this chapter on a form approved by the building inspector, showing the address of the rental unit, the name and address of the owner and his resident agent and the full name of the tenant in possession of the unit as of the effective date of this chapter. If the owner 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 initial fee for the registration of the landlords will be $50 per unit for each unit.
[Amended 12-5-2017 by L.L. No. 8-2017]
Landlords shall file a rental renewal application on a yearly basis, to be filed on or before the expiration of the prior year rental permit. Upon the filing of the rental renewal application, landlords shall pay a fee of $25 for each unit as an annual inspection fee.
[Added 12-5-2017 by L.L. No. 8-2017]
Absentee landlords must designate a resident agent for service of process who resides within the corporate boundaries of Orange County. If that agent's residence should be removed from Orange County during the yearly registration period, another agent must be designated for the duration of that period.
It shall be unlawful for any property owner to offer any unit for rent or allow any rental unit to be occupied without having first registered as a landlord as required herein within the time prescribed for such registration.
Failure to receive notice of the registration deadline will not excuse failure to register units. It is the landlord's responsibility to fulfill registration requirements.
A rental permit shall be valid for a period of one year from the date it is issued. At that time the unit must be inspected before a new permit is issued.
The owner of a rental unit may request a rental permit even though the unit is exempted under the provisions of this chapter.
Rental units determined to be unsafe according to the provisions of Chapter 80, Building Construction, and/or Chapter 200, Zoning, will be subject to condemnation as provided by those chapters and must be vacated. The notice to vacate the unit and any expenses resulting from that eviction are the sole responsibility of the owner. The Village will not issue eviction notices, nor assume any responsibility for relocation or displacement expenses when that eviction is a result of the owner's noncompliance with these regulations.
Property owners subject to a demolition order will have the option of granting the property to the Village in fee simple, with the Village then assuming the responsibility for demolition and clearance, and assuming sole ownership of the property with all rights thereof.
If the unit passes inspection, the rental permit shall be issued within five business days of the date of inspection. If the unit does not pass inspection, a notice of violation and work description shall be issued within 10 business days of the date of inspection.
In the event that the Village does not perform the specified action within the time period stated, the previous rental permit will be considered valid until such time as the Village performs the specified action.
Landlords or their agents must present the previous rental permit when applying for a new permit. Date of the last inspection will be verified from the previous permit.
The fee for the rental permit shall be as established by the Mayor and the Board of Trustees in accordance with the Village of Monroe Schedule of Fees. In the event that an additional inspection is necessitated by failure of a property to pass the annual inspection, a fee for each inspection shall be paid in such amount as shall be established by the Mayor and the Board of Trustees in accordance with the Village of Monroe Schedule of Fees.
Editor's Note: Said schedule is on file in the Village offices.
A rental permit issued pursuant to this chapter is transferable to any person who has acquired ownership of a registered building for the unexpired portion of the one-year term for which it was issued, provided that an application to transfer such certificate is filed with the Building Inspector within 30 days of title transfer and the dwelling units therein are in compliance with the Code.
Inspections of rental units shall be conducted on an annual basis to determine compliance with Chapter 80, Building Construction, and Chapter 200, Zoning. Except for an emergency, as defined in § 145-2, no inspection shall be conducted unless:
[Amended 12-5-2017 by L.L. No. 8-2017]
Inspections shall be conducted and work descriptions shall be compiled and issued by the Building Inspector.
The landlord shall be responsible for the scheduling of the inspection of rental units and for initiating any other appropriate action under these regulations. The Building Inspector will give special consideration to any request that inspections be conducted during non-business hours for the convenience of the tenant(s). In the absence of such a request, the inspections will be conducted during normal business hours as defined by the Village business hours in force at the time.
[Amended 12-5-2017 by L.L. No. 8-2017]
The annual inspection fee is $25 for each unit. If the unit fails, there shall be no fee for the first re-inspection. There shall be a fee if $25 for each subsequent re-inspection.
Penalties for violations of these regulations will be imposed as follows:
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense and so subject the owner to additional fines as provided for herein.