[HISTORY: Adopted by the Town Board of the Town of Niagara
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2011 by L.L. No. 5-2011]
A.Â
The Town of Niagara hereby finds and declares that the rental of
dwelling units constitutes a business which impacts upon the public
health, safety and general welfare of the residents of the Town of
Niagara. Residential rental properties may become a haven for various
criminal or disruptive activities that can result in disorder in our
community and affect the quality of life of others in the Town of
Niagara.
B.Â
The Town Board of the Town of Niagara desires to minimize and control
the adverse effects caused by illegal and nuisance activities which
may occur at residential rental properties, thereby protecting the
health, safety and welfare of our citizens; and preserving the quality
of life, property values and the character of neighborhoods and businesses.
C.Â
It is the purpose of this article to implement a registration requirement
for residential rental property owners in order to curb criminal activity
and disorder on residential rental properties in the Town of Niagara.
As used in this article, the following terms shall have the
meanings indicated:
Unlawful activity consisting of drug activity, weapons possession,
assault, domestic violence, murder, assault, sexual assault, gang
activity or other activity proscribed by the Penal Law of the State
of New York.
A single-family, two-family or multifamily residence or dwelling
which is rented or for rent.
An individual rental unit in a dwelling.
The owner or owners of a dwelling, or a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee or agent.
A report issued by a Town Police Officer after said officer
has responded to a complaint alleging the occurrence of criminal activity
or a public nuisance.
A person or other entity designated by the owner to manage
a dwelling on behalf of the owner.
Activities affecting the quality of life of residents of
the Town of Niagara, including violations of the New York State Penal
Law, disorderly conduct, alcohol-related incidents or violations of
the Code of the Town of Niagara which are enforced by the Town Police
Department.
Any person who rents a dwelling unit from an owner in the
Town of Niagara.
A.Â
License required. No person shall allow a dwelling unit to be occupied
or rented to another for occupancy unless the owner has first obtained
a rental housing business license as hereafter provided.
B.Â
Exemptions. The provisions of this chapter shall not apply to motels;
bed-and-breakfast establishments; rooming houses or boardinghouses;
hospitals; nursing homes; or other dwelling units which offer or provide
medical or nursing services if such units are subject to state or
federal licensing or regulations concerning the safety of the users,
patients or tenants.
C.Â
Application for license. Within 30 days after the effective date
of this article, the owner of each dwelling shall make written application
for a rental housing business license to the Town Clerk's office.
Such application shall be on a form furnished by the Town and shall
set forth the following information, in addition to other information
required by the Town which, from time to time, the Town deems necessary
to administer, enforce and ensure compliance with the provisions of
this article. Failure to provide such information shall be grounds
to deny a rental housing business license:
(1)Â
Names, addresses (business and residence) and telephone number(s)
(business and residence) of owner;
(2)Â
If the owner is an association, limited liability company, partnership,
joint tenancy, tenancy in common or tenancy by the entirety, then
the name, address and telephone number of each and every owner, member
or general partner shall be indicated on the application;
(3)Â
If the owner is a corporation, the principal place of business of
the corporation must be provided, along with the name, title and residence
address of all officers, directors and managing/general agents which
must be included on the application;
(4)Â
If the owner has designated an agent or managing company to assist
the owner with the management of the property, then the name, principal
residence address, principal business address and telephone number
of such agent or managing company must be included on the application;
(5)Â
It shall be the responsibility of the owner to properly register
any change of address, change of agent or change of any other pertinent
information with the Town;
(6)Â
For purposes of this article, a post office box shall not be accepted
as the owner's business or residence address. Furthermore, the
dwelling intended to be licensed shall not be accepted as the owner's
address unless it is the principal place or residence of the owner;
(7)Â
For purposes of this article, if the owner does not reside in or
have its place of business in the County of Niagara, then the owner
must have a property manager located in the County of Niagara. If
the owner does not reside or have a business located in the County
of Niagara, then the owner must designate a property manager located
in the County of Niagara who can accept service of process.
(8)Â
The owner shall specify the address to which all notices and invoices
for fees are to be forwarded.
D.Â
License application fee. The application fee for a landlord license
under this article shall as set forth from time to time by resolution
of the Town Board.
E.Â
Issuance or denial of license. After receipt of the owner's
application for a rental housing business license, the Town Clerk's
office shall review same to ensure said application contains all of
the required information. If the application is deemed complete, the
Town Clerk's office, within 30 days, shall forward the owner
a rental housing business license. If said application is deemed incomplete,
the Town Clerk's office shall notify the owner, and the owner
shall have 30 days in which to supply the required information. If
the required information is not supplied by the owner, the application
shall be denied.
F.Â
Effect of failure to make application or denial of rental housing
business license. If the owner does not submit the rental housing
business license application or fails to supply all of the information
required on the application, the owner shall be subject to the following
fines:
(1)Â
For each thirty-day period until an acceptable application is submitted:
$500 per owner.
G.Â
Recourse if fine is not paid. If the owner neglects or refuses to pay the fine(s) as stated in Subsection F of this section within 30 days after notification, the Town shall add any such fine(s) onto the owner's property tax bill, and it shall become a lien on the property/dwelling.
H.Â
Term of license. A rental housing business license issued pursuant
to this article shall be valid for a period of two years after its
issuance, unless sooner revoked pursuant to this article.
I.Â
Nontransferability of license. A rental housing business license
issued pursuant to this article shall not be transferable to any person
who has acquired ownership of a dwelling. A new owner is required
to file a new application for a rental housing business license within
30 days after acquiring ownership.
A.Â
In the event that the Town police officer who responds to the dwelling
unit for reports of criminal activity or public nuisance activity
at the dwelling unit finds that said activity was engaged in or facilitated
by the renter, member of the household, guest or other party under
the control of the renter, and issues a police report for same, the
Town Clerk's office shall forward a notice to the owner or property
manager stating that there was criminal activity or public nuisance
activity on the dwelling property. The owner or property manager shall
then take appropriate action to notify the tenant to cease any such
activity, or evict said tenant. In the event that there are any subsequent
incidents at the dwelling unit in the same calendar year in the same
dwelling unit relating to activity engaged in, or facilitated by the
same renter or a member of his/her household, guest or other party
under the control of said renter, the Town Clerk's office will
forward by first class mail a second notice of criminal activity or
public nuisance activity to the owner or property manager. Subsequent
incidents in the same calendar year at the same dwelling unit will
be followed by a notice to the owner or property manager, along with
a notice of the imposition of the following fines:
B.Â
If the owner or property manager submits information to the Town
Clerk's office that it is in the process of evicting the tenant
in whose dwelling unit the criminal or public nuisance activity is
occurring, future impositions of fines will cease. In the event that
the owner neglects or refuses to pay the fine(s) as stated in this
section within 30 days after notification, the Town shall add such
fine(s) onto the property/dwelling's property tax bill, and it
shall become a lien on the property/dwelling.
The owner or property manager of a dwelling under this article
is encouraged to utilize a crime free/crime prevention lease addendum,
an example of which is annexed to this article,[1] to assist the owner or property manager with the eviction
of tenants who continue to conduct criminal or public nuisance activity
in the dwelling unit.
[1]
Editor's Note: The addendum is on file in the Town offices.
The owner of each dwelling is required to maintain information
concerning all of its tenants, including the number and names of all
occupants, and the full address and telephone numbers of all tenants.
In the event of criminal or public nuisance activity on the property,
the owner or property manager shall cooperate with the Town Police
Department by providing this information to the Town Police Department
if so requested.
Any owner or property manager who is notified of a fine under
this article shall have the right to appeal the imposition of said
fine to the Town Board of the Town of Niagara. A written request for
an appeal shall be made by the owner or property manager within 30
days after the date of the communication notifying the owner or property
manager of the fine. The Town Board shall schedule a hearing within
30 days after receipt of said request for appeal. The owner or property
manager shall appear at the hearing in person and shall have the right
to representation by a person or attorney of his or her choice. The
owner, property manager or his/her representative shall provide sworn
testimony at said hearing. An appeal to the Town Board will stay the
imposition of the fine until it renders its decision. The Town Board
shall thereafter issue its written decision to uphold the fine or
rescind the fine.
This article shall be applicable to all dwellings located in
the Town of Niagara.
