[HISTORY: Adopted by the Board of Trustees of the Village of Castleton-on-Hudson 11-14-1994 by L.L. No. 4-1994. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 101.
The Board of Trustees has determined that there exists in the Village of Castleton-on-Hudson serious conditions arising from rental of dwelling units that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, and other codes and ordinances of the Village, are inadequate in size, overcrowded and dangerous, that such dwelling units pose hazards to life, limb and property of residents of the Village and others, 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 Board finds that current code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Village will be enhanced by enactment of the regulations set forth in this chapter, which regulations are remedial in nature and effect.
This chapter is to be known as the "Rental Permit Law."
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Village Code Enforcement Officer or the Village Building Inspector, his delegate or assistant or anyone authorized and designated by the Village Board to enforce the code.
- DWELLING UNIT
- A structure or building, or part thereof, or any area, room or rooms therein occupied or to be occupied by one or more persons as a home or residence.
- Owner or any other person having the right to possession of a dwelling unit.
- RENEWAL RENTAL PERMIT
- A permit which is to be issued to the owner of a rental premises where such premises has been the subject of a rental permit continuously prior to the date of application for the permit.
- A return, in money, property or other valuable consideration (including payment in kind or for 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 under an agreement whereby the occupant or occupants thereof pay rent for such occupancy and use.
- RENTAL PERMIT
- A permit to be issued to the owner of an intended rental premises where such premises has not been the subject of a rental permit continuously prior to the date of application for the permit.
Scope. This chapter shall apply to all rental dwelling units located within the Village, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located, as provided in this chapter.
Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provisions of this chapter and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.
Application for a rental occupancy permit for a rental dwelling unit shall be made in writing to the Village Clerk on a form provided by the Village Clerk for that purpose.
Such application shall be filed in triplicate and shall contain:
The name, address and telephone number, if any, of the owner of the dwelling unit intended for rental occupancy.
The street address and Tax Map description (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located.
The names of each person presently residing in or occupying such premises intended for rental occupancy.
The number of rooms in the structure and in each proposed rental dwelling unit therein, the dimensions of each room and a description of the present use or uses thereof, if any.
A description of each dwelling unit intended to be established, used or occupied for rental occupancy in the premises, including the number of rental dwelling units, and the number of persons intended to be accommodated by and reside in each such rental dwelling unit.
The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit.
The name and address of the insurance company, if any, providing the fire and other hazard and public liability insurance for the owner of the premises, with a description of the type of insurance provided, policy limits for each coverage and the policy number and expiration date of such policy.
Such application shall be signed by the owner of the premises and the statements of such owners therein contained shall be verified under oath.
Such application shall be accompanied by the following:
A property drawing of the premises drawn to a scale no smaller than 20 feet to one inch.
If not shown on the drawing, a site plan, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site parking facilities.
A building permit application, properly prepared for all proposed buildings, improvements and alterations to existing buildings on the premises.
In the case of a condominium unit, the application shall be accompanied by a scale drawing or floor plan of the condominium unit in lieu of a survey or site plan.
The emergency evacuation plan for the structure and location of fire exits.
[Amended 10-27-1997 by L.L. No. 6-1997]
Permit application fee. A nonrefundable permit application fee as shall be set from time to time by the Board of Trustees per dwelling unit shall be paid upon filing an application for a permit.
Permit renewal fee. A nonrefundable permit renewal fee as shall be set from time to time by the Board of Trustees per dwelling unit shall be paid upon filing an application for renewal.
That the Building Inspector or the Code Enforcement Officer, his delegate or assistant or anyone authorized and designated by the Village Board to enforce the Code shall be compensated in an amount as shall be set from time to time by the Board of Trustees for each dwelling unit inspection.
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable laws of the state and local laws, ordinances, rules and regulations of the county and Village, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining or nearby property, the Code Enforcement Officer shall issue the permit or permits applied for.
All permits issued pursuant to this chapter shall be valid for a period of two years from date of issuance and may be renewed for an additional two-year period. The renewal applications shall be made within 30 days after the expiration of the existing rental permit and shall contain substantially the same information required by § 159-5 of this chapter upon forms to be furnished by the Village Clerk. Permits shall be issued upon approval of such renewal applications as provided in § 159-7 and upon payment of the renewal permit fees specified in § 159-6 hereof. The Village shall give notice of the need to renew such permit to the landlord, in writing, at least 30 days before expiration of the initial permit period.
It shall be the duty of the Code Enforcement Officer to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of rental dwelling units at such street address, the number of rooms in each such rental dwelling unit and the date of expiration of permit for such unit. Such register shall be kept available for public inspection during regular business hours at the office of the Village Clerk.
[Amended 10-27-1997 by L.L. No. 6-1997]
No permit shall be issued or renewed until the Code Enforcement Officer shall inspect the rental dwelling unit to determine that it is equipped with a functioning smoke detector device, approved as to design by the New York State Uniform Fire Prevention and Building Code, or conforming to standards of the New York State Board of Fire Underwriters, if any, or, if none, approved by the Code Enforcement Officer.
The Code Enforcement Officer is authorized to make, or cause to be made, inspections, from time to time, to determine the condition of rental dwelling units and to safeguard the health, safety and welfare of the public. The Code Enforcement Officer is authorized to enter, upon consent of the owner or occupant, any rental dwelling unit and the premises in which the same is located at any reasonable time during daylight hours or at such other time as may be necessary in an emergency without consent of the owner or occupant for the purpose of performing his duties under this chapter. It shall be a condition of each rental occupancy permit, expressly stated therein, that the Code Enforcement Officer shall have the right to inspect each permitted rental dwelling unit during the term of the permit in accordance herewith, for the purpose of performing his duties under this chapter.
The Building Inspector and/or Code Enforcement Officers and any of their designees shall have the right to inspect all or any part of the rental dwelling, including any unit or apartment or entire multiple residence, except that the owner, agent, or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by said official in order to enable such inspection. The officials charged with conducting the housing inspection pursuant to this chapter shall be required to obtain a search warrant whenever an owner, agent, or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant.
[Added 10-22-2001 by L.L. No. 3-2001]
The Code Enforcement Officer is authorized to make application to the Town of Schodack Justice Court or the County Court of Rensselaer County for the issuance of a search warrant to be executed by a police officer, in order to conduct an inspection of any premises covered by this chapter where the owner or occupant refuses or fails, after due notice by certified mail, to allow an inspection of the rental dwelling unit or premises, and where there is reasonable cause to believe that a violation of any state, county or Village law or ordinance has occurred. The application for search warrant shall, in all respects, comply with applicable laws of the State of New York.
The Code Enforcement Officer shall revoke a rental dwelling permit where it appears that a permit holder has:
Caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 10 days or more after written notice has been given to the permit holder or the managing agent of such rental dwelling unit, a violation of any state, county or Village law; or
Has refused permission to the Code Enforcement Officer, after written request, to make an inspection at reasonable times, or, in an emergency at any time, of the premises in which such rental dwelling occupancy has been permitted, to determine the condition of same or otherwise to discharge the duties of such Code Enforcement Officer under this chapter.
An appeal from such revocation may be taken by the permit holder to the Board of Trustees, by written request, made within 30 days from the date of such revocation. The Board of Trustees shall hold a public hearing on such appeal within 30 days after receipt of a written notice of such appeal and after such hearing may make written findings, conclusions and decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing.
It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any person:
To establish, maintain, use, let, lease, rent or offer to rent or lease or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a permit for such rental occupancy from the Village Clerk of the Village as hereinafter provided.
List, solicit, advertise or offer, exhibit or show to any person a rental dwelling unit located within the Village for the purpose of bringing about the rental thereof, or permit the occupancy of any rental unit where no currently effective permit has been issued in respect to such rental dwelling unit by the Code Enforcement Officer or such Village, as herein provided. Before any real estate broker or sales agent lists, shows or otherwise offers for lease or rent any dwelling unit, the real estate broker or sales agent shall obtain a copy of the owner's rental registration from the Village Clerk, which shall be kept on file in the office of the real estate broker or sales agent and shown to all prospective lessees or tenants.
Accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Village where no currently effective permit has been issued in respect to such rental dwelling unit, by the Code Enforcement Officer of such Village, as herein provided.
In the event that such a person convicted of a violation of Subsection A of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Village Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the Village, pursuant to the provisions of Article 12-A of the Real Property Law.
Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this chapter shall be guilty of a violation punishable by a fine not to exceed $250 per day of violation, or by imprisonment for a term not to exceed 15 days per day of violation, or by both such fine and imprisonment.