The Village Board of the Village of West Haverstraw
does hereby establish a program for the enactment, enforcement and
administration of a rental permit requirement for all rental units
within the Village of West Haverstraw and for the periodic registration
of all landlords and rental property owners for the purpose of regulating
rental property conditions.
[Amended 2-6-2019 by L.L.
No. 3-2019]
As used in this article, the following terms shall have the
meanings indicated:
Any landlord who resides outside the designated boundaries
of the Village of West Haverstraw.
The duly appointed Building Inspector of the Village of West
Haverstraw and such other person or persons duly designated by him
or the Village Board for the purposes set forth herein.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family and having no
enclosed space (other than vestibules, entrances or other hallways
or porches) or cooking or sanitary facilities in common with another
"dwelling unit."
The "immediate family" of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner 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.
A representative of the landlord of a rental property, designated
as responsible for the property maintenance conditions of the rental
property and compliance with all Village, county, state and federal
laws, rules and regulations as may be applicable to the property.
A permit issued by the Village of West Haverstraw stating
that the referenced structure or dwelling unit conforms to the standards
of this article and that occupancy of that structure or dwelling unit
is permitted for residential use. Any special circumstances or conditions
under which occupancy is permitted may be specified on that permit.
Any dwelling unit which is occupied by persons other than
the landlord or his immediate family for which a fee or other compensation,
monetary or otherwise, is received by the landlord in exchange for
the use and occupancy of the rental property.
Any deficiency in a structure or dwelling unit as defined
by this article.
[Amended 5-21-2008 by L.L. No. 1-2008; 2-6-2019 by L.L. No. 3-2019]
A.
All landlords of rental property must register such property with
the Village of West Haverstraw on or before 30 days from the date
such landlord takes title. The failure to do so constitutes a violation
of this article and renders the landlord subject to the penalties
set forth herein.
B.
All absentee landlords must designate a property agent for each dwelling
unit.
C.
No dwelling unit comprising all or a part of a rental property 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.
[Amended 5-21-2008 by L.L. No. 1-2008; 2-6-2019 by L.L. No. 3-2019]
A.
The landlord of a rental property shall register the same with the
Building Department on a form prescribed by the Building Inspector
showing, among other things, the name, address, telephone number and
other contact information for the landlord(s) and landlord's
property agent as may be required if not the landlord. Each application
shall be accompanied by a plot or sketch showing a floor plan (location
and size) of the rental property and each dwelling unit comprising
the rental property, which registration form shall be executed and
sworn or affirmed by the landlord owner of the rental property.
(1)
No rental permit shall be issued under any application unless the
landlord or the Village Building Inspector, following an inspection
made at the request of the landlord, certifies that the rental property
complies with the provisions of the Code of the Village of West Haverstraw,
the laws and sanitary and housing regulations of the County of Rockland
and the laws of the State of New York, including the New York State
Building and Fire Prevention Code and the New York State Property
Maintenance Code.
C.
Absentee landlords must designate a property agent and an agent for
service of process. The property agent shall be in such proximity
to the rental property as to be reasonably available to respond to
conditions at the property.
D.
It shall be unlawful for any landlord of rental property to rent
or to offer for rent any rental property, or to allow any rental property
to be occupied, without first having registered such rental property
with the Village as required under this article.
E.
Failure to receive notice of the obligation to register, or to timely
renew the registration of, any rental property shall not be and will
not be a defense to a violation. It is the landlord's responsibility
to fulfill registration requirements.
A.
Authorization for inspections. The Building Inspector of the Village
of West Haverstraw, or his designated representative, is authorized
to make, or cause to be made, inspections to determine the condition
of dwellings and to safeguard the health, safety, morals and welfare
of the public. The Building Inspector or his designated representative
upon the consent of the landlord or lawful occupant of rental property,
or dwelling unit comprising all or a part of any rental property at
any reasonable time during daylight hours, or at such other time as
may be necessary in an emergency, without consent of the owner, for
the purpose of performing his duties under this article.
B.
Search warrant applications. The Building Inspector of the Village
of West Haverstraw or his designated representative is authorized
to make application to any court of competent jurisdiction for the
issuance of a search warrant authorizing him to conduct an inspection
of any rental property, whether registered or not, where the owner
refuses or fails to allow an inspection and where there is reasonable
cause to believe that a violation of this article exists. The application
for a search warrant shall in all respects comply with the applicable
laws of the State of New York.
C.
Nothing in this article, except for provisions concerning emergency
inspections, shall be deemed to authorize the Building Inspector of
the Village of West Haverstraw or his authorized _representative to
conduct an inspection of any rental property without the consent of
the landlord or landlord's tenant or other lawful occupant or
pursuant to a lawfully issued warrant.
[Amended 5-21-2008 by L.L. No. 1-2008; 4-20-2011 by L.L. No. 4-2011; 2-6-2019 by L.L. No. 3-2019]
A.
A rental permit shall be valid for a period of two years from the
date it is issued, unless the property shall be transferred or conveyed
within such two-year period, in which event the new landlord, if the
property shall continue to be used as rental property, shall be required
to file a new rental property registration within 30 days of taking
title.
B.
The landlord of a rental property may request a rental permit even
though the dwelling unit is unoccupied or otherwise exempt from registration
under the provisions of this article.
C.
Absentee landlords must designate a property agent who shall be reasonably
available to address property issues and conditions and as agent for
service of process. It shall be the responsibility of the landlord
to ensure that the contact information for the property agent shall
remain current with the Village.
D.
The fee for a rental permit shall be as established by the Village
Board by resolution. Said fee shall include the cost of an inspection
if requested by the landlord. In the event an additional inspection
is necessitated by the failure of a property to pass any inspection,
or by the landlord's failure to appear or otherwise to make the
rental property available for inspection at the time of a scheduled
appointment, a further fee for each such inspection or reinspection
shall be paid in such amount as shall be established by resolution
of the Village Board before a rental permit shall be issued.
(1)
The Building Inspector shall give consideration to any request that
inspections be conducted during nonbusiness hours for the convenience
of the landlord or tenant(s). In the absence of such a request, the
inspections will be conducted during normal business.
E.
Unless the landlord of any rental property shall request an inspection
of the rental unit in connection with an application for a rental
permit, the issuance of a rental permit shall not constitute a determination
by the Village that the said rental property, or the premises of which
they are a part, conforms to the Village Code.
[Amended 5-21-2008 by L.L. No. 1-2008; 2-6-2019 by L.L. No. 3-2019]
The Village Building Inspector, or his designated agent, shall be responsible for the enforcement of the provisions of this article, as well as the enforcement of related statutory or regulatory provisions, including but not limited to Chapter 171, Property Maintenance; Chapter 250, Article XIII, Unsafe Buildings; and other pertinent articles of the Village Code.
[Amended 3-7-2012 by L.L.
No. 2-2012; 2-6-2019 by L.L. No. 3-2019]
Violations of this article based upon a failure to register shall be subject to the penalties set forth in Chapter 1, Article Ill, of the Village Code.
