[HISTORY: Adopted by the Town Board of the Town of Cheektowaga
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
194a Example of Landlord-Tenant Lease AddendumBuilding construction codes administration — See Ch. 70.
Unsafe buildings — See Ch. 75.
[Adopted 3-4-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law provided an effective date
of 5-1-2013.
A.
The Town of Cheektowaga hereby finds and declares that the rental
of non-owner-occupied dwelling units constitutes a business which
impacts upon the public health, safety and general welfare of the
residents of the Town of Cheektowaga. Residential non-owner-occupied
rental properties may become a haven for various criminal or disruptive
activities that can cause disorder in our community and affect the
quality of life of others in the Town of Cheektowaga.
[Amended 6-16-2014 by L.L. No. 3-2014]
B.
The Town Board of the Town of Cheektowaga desires to minimize and
control the adverse effects caused by illegal and nuisance activities
which may occur at these residential non-owner-occupied 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.
It is the purpose of this article to implement a registration requirement
for the owners of residential non-owner-occupied rental properties
in order to curb criminal activity and disorder of such non-owner-occupied
rental properties in the Town of Cheektowaga.
[Amended 6-16-2014 by L.L. No. 3-2014]
As used in this article, the following terms shall have the
meanings indicated:
- CRIMINAL ACTIVITY
- 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.
- DWELLING
- A non-owner-occupied single-family, two-family or multifamily dwelling which is rented or for rent.
- DWELLING UNIT
- An individual rental unit in a dwelling.
- NON-OWNER-OCCUPIED DWELLING
- A dwelling which is owned by an owner who does not reside in the dwelling.
- OWNER/LANDLORD
- The owner or owners of a dwelling, or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent.
- POLICE REPORT
- 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.
- PROPERTY MANAGER
- A person or other entity designated by the owner to manage a dwelling on behalf of the owner.
- PUBLIC NUISANCE
- Activities affecting the quality of life of residents of the Town of Cheektowaga, including violations of the Town's Noise Law,[1] alcohol-related incidents or other violations of the Code of the Town of Cheektowaga which are enforced by the Town Police Department.
- RENTER/LESSEE/TENANT
- Any person who rents a dwelling unit from an owner in the Town of Cheektowaga.
- TOWN
- Town of Cheektowaga, exclusive of the villages of Sloan and Depew.
A.
License required. No person who owns one or more dwelling units in
the Town 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.
[Amended 6-16-2014 by L.L. No. 3-2014]
B.
Exemptions. The provisions of this article shall not apply to hotels,
motels, bed-and-breakfast establishments, rooming or boarding houses,
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. This article shall not apply to any one-family,
two-family, three-family or four-family dwellings where the owner
of said dwelling resides in one of the dwelling units of said dwelling.
[Amended 6-16-2014 by L.L. No. 3-2014]
C.
Application for license. Within 30 days after the effective date
of this law, the owner of dwelling units shall make written application
for a rental housing business license to the Town Council 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 from time to time which 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:
[Amended 6-16-2014 by L.L. No. 3-2014]
(1)
Names, addresses (business and residence) and telephone number(s)
(business and residence) of owner;
(2)
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)
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 must
be included on the application;
(4)
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)
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)
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)
For purposes of this article, if the owner does not reside in or
have its place of business in the County of Erie, then the owner must
have a property manager located in the County of Erie. If the owner
does not reside or have a business located in the County of Erie,
then the owner must designate a property manager located in the County
of Erie who can accept service of process.
(8)
The owner shall specify the address to which all notices and invoices
for fees are to be forwarded.
D.
No license application fee. There is no fee for a rental housing
business/landlord license under this law, but any license issued shall
be renewed by the owner every two years.
E.
Issuance or denial of license. After receipt of the owner's
application for a rental housing business license, the Town Council
office shall review same to ensure said application contains all of
the required information. If the application is deemed complete, the
Town Council office, within 30 days, shall forward the owner a rental
housing business license. If said application is deemed incomplete,
the Town Council 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.
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)
Five hundred dollars per owner for each thirty-day period until an
acceptable application is submitted;
G.
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.
Term of license. A rental housing business license issued pursuant
to this law shall be valid for a period of two years after its issuance,
unless sooner revoked pursuant to this law.
I.
Nontransferability of license. A rental housing business license
issued pursuant to this law 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.
In the event that a Town police officer responds to the dwelling
unit for reports of criminal activity or public nuisance activity
on 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 Council office shall forward a notice to the owner or property
manager stating that there was a police report of 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 is a subsequent incident at the same dwelling unit in the
same activity year 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 Council 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 activity 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:
[Amended 6-16-2014 by L.L. No. 3-2014]
B.
If the owner or property manager submits information to the Town
Council 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
dwelling's property tax bill, and it shall become a lien on the
property/dwelling.
C.
For purposes
of this law, “activity year” shall mean the period of
time commencing on June 1 of any year and ending on May 31 of the
subsequent year.
[Added 6-16-2014 by L.L.
No. 3-2014]
The owner or property manager of a dwelling under this law is
encouraged to utilize a crime-free/crime prevention lease addendum,
an example of which is annexed to this law,[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: Said addendum is included as an attachment
to this chapter.
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 law shall have the right to appeal the imposition of said fine
to the Town Board of the Town of Cheektowaga. 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 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 law shall be applicable to all dwellings located in the
Town of Cheektowaga outside of the villages of Depew and Sloan.