This chapter shall be known and may be cited as the "Licensing
of Rental Dwelling Units Law of the Incorporated Village of Mineola,
New York."
The Board of Trustees has determined that there exist within
the Village of Mineola serious conditions which have arisen from the
rental of dwelling units that are substandard or violative of the
codes and ordinances of the Village, are inadequate in size, and are
overcrowded and dangerous. Such dwelling units pose hazards to the
lives, limbs and property of residents of the Village and to others.
Such dwelling units also tend to promote or encourage deterioration
of the housing stock of the Village, create blight, excessive vehicle
traffic and parking problems, and overburden municipal services. The
purpose of this chapter is to halt the proliferation of such conditions
and to enhance the public health, safety, welfare and the good order
and governance of the Village. These regulations are intended to be
remedial in nature and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
The Superintendent of Buildings, Senior Building Inspector,
or Building Inspector of the Village of Mineola, or the delegates
and assistants of such Superintendent or Inspector.
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.
[Amended 7-14-2004 by L.L. No. 6-2004]
MIXED-OCCUPANCY BUILDING
A building occupied in part for residential use and in part
for some other nonaccessory use. See "multiple dwelling."
MULTIPLE DWELLING
Any of the following:
A.
A building designed or occupied for residential purposes by
more than two families; or
B.
A series of attached, detached, or semidetached buildings which
are provided as a group collectively with essential services and utilities
and which are located on a lot, plot, or parcel of land under common
ownership; or
C.
The residential part of a mixed-occupancy building.
OWNER
A.
The owner or any other person or persons or entity or entities
having the right to possession of a dwelling unit, except:
(1)
A public housing authority organized as such under the laws
of the State of New York; and
(2)
A cooperative apartment corporation whose offering statement
or prospectus has been accepted for filing by the New York State Attorney
General under General Business Law § 352-e.
B.
A tenant will be considered to 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 occupancy or the right to use and 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 home or residence 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.