The Board of Trustees has determined that there exist in the
Village of Horseheads issues arising from the rental of dwelling units
that may be substandard or in violation of the New York State Uniform
Fire Prevention and Building Code, the New York State Multiple Residence
Law, or other state codes or local codes; dwelling units that are
inadequate in size, overcrowded and dangerous, that tend to promote
or encourage deterioration of the housing stock of the Village, create
blight, excessive vehicular traffic and parking problems and that
tend to overburden municipal services.
This chapter and all provisions incorporated in this chapter,
by reference or otherwise, shall be known as the "Horseheads Rental
Housing Law," shall be cited as such and will be referred to in this
chapter as such or as "this chapter."
This chapter supplements and/or incorporates the requirements
contained in the State Building Code, the State Property Maintenance
Code, and the State Multiple Residence Law. In the event of a conflict
between the aforementioned codes and this chapter, the most restrictive
requirements shall prevail to the extent permitted under applicable
law. This chapter is intended to supplement rather than supersede
existing state law.
A.
The provisions of this chapter shall apply to the maintenance, repair,
use and occupancy of all residential rental buildings and structures
now in existence or hereafter constructed, rehabilitated, renovated
or converted to residential rental use within the Village limits,
whether or not the use and occupancy thereof shall be permitted under
the applicable use regulations for the zoning district in which it
is located, except those residential rental buildings and structures
specifically excluded from the provisions of this chapter. Any structure
that was in compliance with this chapter on the day previous to the
adoption of this chapter will be allowed to remain, except if:
B.
The legal occupancy of any residential rental building or structure
existing on the date of adoption of this chapter shall be permitted
to continue without change, except such changes as are specifically
required to be made, from time to time, to existing rental buildings
or structures in this chapter, the New York State Rental Housing Law,
the New York State Building Code, the Property Maintenance Code of
New York State or the Fire Code of New York State.
C.
Nothing in this chapter shall be deemed to change the validity of
or requirements for a certificate of occupancy under the Building
Code of New York State.
D.
Exceptions. The provisions of this chapter do not apply to:
(1)
Buildings, structures and uses owned and operated by any governmental
unit or governmental agency, including the State of New York or the
County of Chemung.
(2)
Single-family dwellings occupied by a record title holder.
(3)
Transient shelters subject to state inspection and group homes subject
to state inspection.
(4)
Residential structures of which ownership passes to a governmental
unit.
(5)
Hotels or motels or any commercial business operating exclusively
for and catering to transient clientele: that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing, travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel operation. For the purposes of this chapter, "short duration"
shall be defined as not more than 21 consecutive days. This exception
shall not apply to any hotel or motel whose primary purpose is to
provide permanent residences to their customers. For the purpose of
this chapter, "permanent residence" shall be defined as more than
21 consecutive days.
(6)
Tourist homes or bed-and-breakfast dwellings.
(7)
Nursing homes, intermediate care nursing homes or convalescent dwellings.
(8)
Agricultural worker housing.
E.
Where a nonresidential business or activity or a state-licensed or
state-approved use occupies a portion of a building and the building
contains premises which would otherwise be subject to this chapter,
this chapter shall be and remain applicable to the residential and
common or public areas of such building and premises.
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings
and shall be so construed wherever they appear in this chapter:
A person designated by an owner to receive mailed notice
or service of process on behalf of the owner.
Any area of land and all buildings or other structures pertaining
thereto, any part of which may be occupied by persons employed as
laborers and farm activities in the Village or Town of Horseheads
who are provided with sleeping facilities, in whole or in part, by
the owner without a stipulated agreement as to the duration of their
stay or whether or not they are supplied with meals, but who are supplied
with such services or facilities as are necessary for agricultural
production on the owner's property.
The Code Enforcement Officer.
Any room or space used or intended to be used for sleeping
purposes.
A penalty levied by the Code Enforcement Officer against
an existing permittee in accordance with this chapter.
The division or department within the Village charged with
the duty to inspect dwelling units, rooming houses, rooming units,
premises and structures for compliance with this chapter, and may
also mean, as the context indicates, a member of that division or
department.
The person designated by the Village Manager (Manager) to
issue permits, the administrator of the Code Enforcement Office or
his designee. Nothing herein shall be deemed to require the Village
Manager to delegate permitting authority to the Code Enforcement Officer.
The designated officer shall be the authorized representative for
the enforcement of this chapter and for the administration of the
division or department.
Also referenced as the "Code Enforcement Officer," the person
appointed by the Village Manager to issue permits; and the person
charged with the administration and enforcement of this chapter or
any duly authorized representative thereof.
The person designated by the Manager to assist the Code Enforcement
Officer in the administration and enforcement of this chapter including,
but not limited to, the inspection of rental units.
A building containing two attached dwelling units under the
same ownership.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
It shall be presumptive evidence that more than four persons
living in a single dwelling unit who are not related by blood, marriage
or legal adoption do not constitute the functional equivalent of a
traditional family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility space
and similar areas are not considered habitable spaces.
The Village Manager of the Village of Horseheads.
Any dwelling containing more than two dwelling units or rooming
units.
The record title holder or contract purchaser, property manager,
tenant under a recorded lease or any executor, administrator, trustee,
conservator or other fiduciary, mortgagee or lien holder thereof;
an agent for the receipt of notice, legal process or other service
or any individual acting in a fiduciary capacity for the record title
holder or contract purchaser.
An owner who has been issued a rental permit within the preceding
36 months.
Any natural person and any entity that is recognized by law
as having the rights and obligations of a natural person.
The person or firm charged with operating rental buildings
and structures by the owner thereof.
Any person holding title of record by deed, contract of sale,
or judicial determination.
A written or oral agreement embodying and fixing the terms
and conditions for the transfer of possession and the use and occupancy
of premises, whether or not for a definite period of time.
Dwelling units, duplex, rooming houses, rooming units, or multiple
dwellings which are occupied by one or more persons, none of whom
is a record title holder; or
Dwelling units, duplex, rooming houses, rooming units or multiple
dwellings which are used for residential purposes under the terms
of a rental agreement.
A building offered or occupied for lodging, with or without
meals, and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
New York State.
A person, corporation, partnership or group, not the legal
owner of record, occupying a building or portion thereof as a unit.
The Village of Horseheads.
