[HISTORY: Adopted by the Town Board of the Town of Cheektowaga
as indicated in article histories. Amendments noted where applicable.]
[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.
[Adopted 10-23-2018 by L.L. No. 3-2018]
The purpose of this article is to establish a procedure and
standards for the identification and registration of rental properties
and unoccupied properties to ensure that the Town of Cheektowaga has
a meaningful, efficient and effective means of communicating with
those persons and companies who own rental properties and unoccupied
properties. This article is to protect the public health, safety and
general welfare of the people and to alleviate conditions of substandard
housing, including slums and blight.
As used in this article, the following terms shall have the
meanings indicated:
- BUILDING
- Any improved real property, residential or mixed use (commercial-residential), located within the Town of Cheektowaga, that is non-owner-occupied or is improved and unoccupied.
- CHANGE IN OCCUPANCY
- Whenever a tenant shall move from, vacate or quit, willingly or otherwise, or express the firm intent to vacate or quit a rental unit.
- HOUSING CODE
- All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards.
- OWNER
- Any individual or individuals, partnership or corporation or any similar type business organization, whether for profit or otherwise, in whose name title to a building stands, including a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the property.
- PROPERTY OWNER REGISTRATION CERTIFICATE
- A form created by the Town of Cheektowaga and issued to the owner of rental property or unoccupied property once the property owner registration statement has been received by the Town of Cheektowaga, reviewed and deemed complete.
- PROPERTY OWNER REGISTRATION STATEMENT
- A form created by the Town of Cheektowaga and distributed to the owner of rental property and unoccupied property in accordance with standards and requirements set forth in this article.
- RENTAL PROPERTY
- Includes all properties which are either rented, leased, let or hired out to be occupied for residential or mixed use (commercial-residential) and are non-owner-occupied. For any rental property to be considered owner-occupied, the owner must prove that at least one owner, partner, or shareholder of a corporation actually has his or her principal residence at the rental property and resides therein on a full-time basis, it being the actual domicile of that owner, partner, or shareholder. At the request of the Town of Cheektowaga, any owner who claims to occupy the rental property shall provide a sworn affidavit providing the necessary information to support his or her claim that the premises are owner-occupied.
- RENTAL UNIT
- A residential unit occupied by a party other than an owner.
- RESIDENTIAL UNIT
- One or more rooms with provision for sanitary and sleeping facilities, for food preparation, for living and for working.
- TENANT
- A party whose right to possession of a rental unit is subject to the express or implied consent of the owner.
- TOWN
- Town of Cheektowaga, exclusive of the Villages of Sloan and Depew.
- UNOCCUPIED PROPERTY
- Any improved real property that is not occupied by the owner or a tenant.
- VIOLATION NOTICE
- A notice issued in accordance with any violation of the Housing Code.
A.
Registration required. No person or entity shall allow to be occupied,
or rent to another for occupancy, any single-family or multiple-family
residential property unit unless the owner has first obtained a property
owner registration certificate.
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.
A.
The owner of a building constituting a rental property or unoccupied
property shall register the same within 60 days of the effective date
of this article on a form approved by the Town of Cheektowaga. Any
owner subject to this article acquiring a building after the adoption
of said article which is a rental property or unoccupied property
shall register the same within 30 days of acquisition on the same
form. This form shall be known as a "property owner registration statement,"
which shall be signed by the owner. A property owner registration
statement shall be completed and filed for each building constituting
a rental property or unoccupied property.
B.
The property owner registration statement shall contain the following:
(1)
Name, principal residence address, principal business address and
telephone number of the owner.
(2)
If the owner is an association, limited-liability partnership, joint
tenancy, tenancy in common or tenancy by the entirety, then each and
every owner 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, and the name, title and residence
address of all officers, directors, managing or general agents must
be included on the application.
(4)
If the owner has designated an agent or managing company, then the
name, principal residence address, principal business address and
telephone number of such agent or managing company must be included
in addition to that of the owner.
(5)
It shall be the responsibility of the owner to properly register
any change of address, agent or any other information which occurs
after the filing of the application.
(6)
For purposes of this article, a post office box shall not be accepted
as the owner's address. Further, the building intended to be
licensed shall not be accepted as the owner's address unless
it is the principal place of residence of the owner.
(7)
The owner shall specify the address to which all notices and invoices
for fees are to be forwarded.
(8)
If the owner does not reside within the County of Erie (New York
State), the owner must designate a property manager located in the
County of Erie (New York State) who can accept service of process.
The owner must provide the name, address and telephone number of the
property manager who resides in the County of Erie (New York).
C.
Failure to receive notice of the registration deadline will not excuse
failure to register within the time prescribed for such registration.
Failure to receive notice of the registration deadline will not excuse
failure to register rental property. It is the owner's responsibility
to fulfill the requirements of this article. Failure to provide such
information shall be grounds to deny a property owner registration
certificate.
After receipt of the property owner registration statement for
a property owner registration certificate, the receiving office shall
review same to ensure said application contains all of the required
information. If the application is deemed complete, the Town shall
forward the property owner registration certificate to the owner within
30 days. If said statement is deemed incomplete, the Town 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 certificate shall be denied.
A.
Vacant units. When a property owner registration certificate has
been denied or revoked, no further rental and occupancy of dwelling
units then vacant shall be permitted until a property owner registration
certificate has been issued.
B.
Occupied units. In addition to other penalties under this article, when a property owner registration certificate has been denied or revoked, the dwelling unit(s) containing such violations shall be vacated after the Town provides a notice to the owner and makes an attempt to notify the occupants of the dwelling unit(s) containing said violations. Such notice shall direct the owner and occupants of the dwelling unit(s) containing such violations to vacate within a ninety-day period of time. The Town may provide a reasonable period for the owner to correct such violation. For the owner, such notice shall be mailed by first-class mail to the owner at the address provided by the owner pursuant to § 194-12B(7) of this article. For the occupants, such notice shall be mailed to the current occupant at the dwelling unit. Vacated dwelling units shall not be reoccupied until a property owner registration certificate has been issued.
C.
Occupied units; hazard. In addition to other penalties under this
article, any certificate may be denied or revoked if the property
has been issued a notice of violation from the Office of Neighborhood
Preservation in which there is a condition that adversely affects
or are likely to adversely affect the life, safety, general welfare
and health, including the physical, mental and social well-being of
the person(s) occupying the dwelling(s). Compliance of the notice
of violation must be submitted to the issuing office with a completed
registration statement in order to request a new registration certificate.
A.
Effect of failure to submit the property owner registration statement
or denial of the property owner registration statement or if the owner
fails to supply the required information to complete the statement,
the owner shall be subject to the following fines:
(1)
$250 for every thirty-day period until an acceptable statement is
submitted, up to $1,000.
A.
The fee to file a property owner registration statement and the fee to renew the property owner registration certificate is $20 every two years. The landlord and property owner registration certificate shall be valid for a period of two years or until such time that there is a change in ownership, or the registration certificate is revoked due to § 194-13C, at which time a new registration statement must be completed and approved.
B.
Notwithstanding the foregoing, required fees shall be waived for
owners of buildings and unoccupied property subject to this article
who register within 60 days of the effective date of this article.
This article shall be effective January 1, 2019.
If any article, section, subsection, paragraph, sentence, clause
or provision of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the article, section, subsection, paragraph, sentence,
clause or provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
