[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties 4-21-2014 by L.L. No. 1-2014. Amendments noted where applicable.]
Title. This chapter shall be known as the "Village of Saugerties Rental Property Law" and shall be supplementary to applicable provisions of the existing Code for the Village of Saugerties.
Purpose. The purpose of this chapter is to establish uniform administration and compliance with residential occupancy permits and to establish the responsibilities of parties concerned therewith. This chapter shall provide procedure and standards for the identification and registration of rental properties in order to ensure that the Village of Saugerties has a meaningful, efficient and effective means of communicating with those persons and companies who own rental properties and to fix the responsibilities on owners to ensure that residential rental property is maintained in accordance with the standards set forth in this chapter and relevant building and property maintenance codes promulgated by New York State.
Definitions. As used in this chapter, the following terms shall have the meanings indicated below:
- ACTION or PROCEEDING
- Any action or proceeding which may be instituted in the Village Court of the Village of Saugerties or the County Court of the County of Ulster or the Supreme Court of the County of Ulster or any court of competent jurisdiction hearing an alleged violation of any ordinance or law of the Village of Saugerties.
- Any improved real property located within the Village of Saugerties and used for non-owner-occupied residential or mixed use (commercial-residential) purposes.
- BUILDING IDENTIFICATION
- A number assigned to all buildings located within the Village of Saugerties that must be placed on the building in a conspicuous location and is used for identification of that particular building.
- CHANGE IN OCCUPANCY
- Whenever a tenant shall move away from, willingly quit or vacate, or otherwise express the firm intent to vacate or quit a rental unit.
- That portion of the way of departure from the interior of a building or structure to the exterior, at street or grade level accessible to a street, consisting of:
- HABITABLE SPACE
- Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes (kitchens with less than 60 square feet) shall not be deemed "habitable space."
- NONHABITABLE SPACE
- Space used for access and vertical travel between stories, as well as space used for kitchenettes, pantries, baths, toilets, laundry, rest, dressing, lockers, storage, utility, heaters and boiler rooms, closets and other spaces for service and maintenance of the building.
- Any individual(s), partnership, corporation or similar business organization, whether for profit or otherwise, in whose name title to a building stands. This includes a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or agent or any other person, firm or corporation directly or indirectly in control of the property.
- Property shall be considered owner-occupied when all individual owners, all partners, or all shareholders of a corporation reside there on a full-time basis. Any owner claiming to occupy rental property shall be required, upon the request of the Village of Saugerties, to provide a sworn affidavit providing any information necessary to support the claim that the premises are owner-occupied.
- A summons or any notice, mandate or any other paper process issued pursuant to any provision of the Code of the Village of Saugerties or any law or regulation of the State of New York.
- RENTAL PROPERTY
- Any non-owner-occupied real property located within the Village of Saugerties that is rented, leased, let or hired out to be occupied for residential or mixed use (commercial-residential) purposes.
- RENTAL UNIT
- Any non-owner-occupied residential unit.
- RESIDENTIAL UNIT
- One or more rooms with provision for sanitary and sleeping facilities, food preparation, and living and working.
- A party whose right to possession of a rental unit is subject to the express or implied consent of the owner.
Any owner of rental property located within the Village of Saugerties shall register that rental property with the Village Building Inspector within 180 days of the effective date of this chapter on a form approved by the Village Building Inspector. The form shall be known as a "landlord registration statement" and shall be signed by the owner under oath.
It shall be unlawful for any owner to offer any unit for rent, or to rent any unit, or to allow any rental unit to be occupied without having first registered pursuant to this chapter as 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 chapter.
Landlord registration statement.
The landlord registration statement shall contain the following:
A description of the premises by street number and tax identification number.
Information describing the rental property, including, but not limited to, the following details:
The number of bedrooms;
An assurance that liability and property damage insurance is held on the property, including the insurer's name and policy number for all policies;
Such other and further information, in the opinion of the Building Inspector, Fire Chief and Police Chief, and Village Board, as is necessary to protect the interests of the Village, the owner, and/or any occupant of the rental property.
The owner's name, address of residence, and mailing address, together with his or her business telephone number, home telephone number, cell phone number, fax number, and e-mail address, or, if such owner is a partnership or corporation, the name and address of such corporation and the name, residence, business address, business telephone numbers, home telephone numbers, cell phone numbers, fax numbers, and e-mail addresses, if any, of all officers or members.
Any owner of real property in the Village of Saugerties shall be obligated, at all times, to keep the information contained in the landlord registration statement updated and to notify the Village in a timely manner whenever the information provided has become outdated or is no longer accurate. When there is a change in ownership or a change in the managing agent, the owner shall be obligated to update the information by amending the landlord registration statement within 15 days of the date of any such change.
Upon completion, execution and submission of the landlord registration statement, such statement shall be reviewed by the Department, or its designee, for adequacy. Where the Village of Saugerties and/or its designee determines that an application is incomplete, defective or untruthful, such application shall be marked "rejected" and returned to the filer.
Where, subsequent to the filing of a landlord registration statement for a specific rental property, the owner of such property has granted or transferred his or her right, title or interest therein or in any part thereof, such owner shall file with the Department of the Village of Saugerties a written statement containing the name, address of residence and mailing address, if different, business address, business telephone number, home telephone number, cell phone number, fax number, and e-mail address of the grantee, transferee or other successor of such right, title or interest, or, if such grantee, transferee or successor is a corporation, the name and address of such corporation, including the names of all officers, their addresses, business and home phone numbers and cell phone number as well as e-mail addresses and fax numbers. This statement shall be signed under oath and filed within 15 days after the grant or transfer occurs; if the grantor cannot, with due diligence, secure the aforementioned information from the grantee, transferee or successor, he or she must immediately notify the Department of the Village of Saugerties. Once such notice is given, the grantor shall have no further obligation with respect to this provision.
Where, subsequent to the filing of a landlord registration statement for a specific rental property, any change other than a designation of a change in managing agent or change of ownership or interest occurs, including a change of name, residence or business address of a list of officers of a corporation required to be included in a landlord registration statement, the owner shall file, on forms to be furnished by the Department of the Village of Saugerties, a statement setting forth the particulars of such change so as to supply all information necessary to make the landlord registration statement filed pursuant to the applicable provisions of this section current. This statement shall be signed under oath and filed within 15 days after such change occurs.
Any landlord registration statement required to be filed with the Department of the Village of Saugerties pursuant to this chapter shall be signed by the owner of a rental property, or, where such owner is a corporation, by an officer thereof, or, where such owner is a partnership, by a partner thereof, and said statements must be sworn to under the penalties of perjury.
Any landlord registration statement shall be deemed prima facie proof of the information contained therein in any criminal or civil prosecution instituted by the Village of Saugerties or by any proper prosecutorial agency against the owner or managing agent of a rental property.
Designation of a managing agent.
In the event that an owner of rental property or mixed use property located within the Village of Saugerties does not reside in the County of Ulster, he or she shall be obligated to designate a managing agent.
A managing agent shall be a natural person, 18 years of age or older, who resides within the County of Ulster. A managing agent may also be the officer of corporation doing business within the County of Ulster.
Where a managing agent is required, an owner of rental property shall provide a statement designating an individual as the managing agent for such property to the Department, Building Inspector and Office of Code Enforcement of the Village of Saugerties. This statement shall include the agent's name, residential address, business address, and e-mail address and home, business, and cell phone numbers. The agent shall be responsible for and in control of the operation of such rental property and the agent for service of process upon the owner. The statement designating a management agent shall include consent to such designation and be signed under oath by the agent.
Any designation as a managing agent made pursuant to this section shall remain in full force and effect until changed or terminated as hereinafter provided, unless such agent dies or is declared incompetent by a court, at which time the designation automatically ceases to be effective.
An owner may terminate a managing agent designation by filing with the Department of the Village of Saugerties a sworn written statement designating a new managing agent made in conformity with the provisions of this chapter.
An owner who is a natural person and who meets the requirements of this subsection as to the location of the residence or place of transacting business of a managing agent may designate him/herself as such managing agent. Nothing contained herein shall be construed as preventing a corporation owning real property in the Village of Saugerties from designating as its managing agent any officer of the corporation who meets the requirements of this chapter as to residency or place of business.
Any designation of a managing agent required to be filed with the Department of the Village of Saugerties pursuant to this chapter shall be signed by the owner of a rental property, or, where such owner is a corporation, by an officer thereof, or, where such owner is a partnership, by a partner thereof, and said statements must be sworn to under the penalties of perjury.
Any designation of a managing agent shall be deemed prima facie proof of the information contained therein in any criminal or civil prosecution instituted by the Village of Saugerties or by any proper prosecutorial agency against the owner or managing agent of a rental property.
This chapter shall be enforced by the Building Inspector/Code Enforcement Officer and/or any other agent designated by the Building Inspector/Code Enforcement Officer.
The Village of Saugerties shall have a choice of enforcing this chapter by seeking civil penalties or by instituting a criminal proceeding or may choose to do both.
Criminal proceeding. A summons or appearance ticket for any violation of this chapter may be served in the County of Ulster, New York, as defined within the meaning of New York Criminal Procedure Law § 150.40. In the event that the owner does not reside in the County of Ulster, then the owner shall be obligated to designate a managing agent, who maintains a bona fide residence in the County of Ulster.
A designated managing agent of an owner may be served with a notice of violation, order of remedy, order of violation, an appearance ticket or other service of process, whether criminal or civil, pursuant to and subject to the provisions of law as if actually served upon the owner.
No owner who designates a managing agent pursuant to the provisions of this chapter may assert the defense of lack of notice or lack of in personam jurisdiction based solely upon the service of process upon his designated agent.
Nothing contained in this section shall limit the discretion of the Building Inspector/Code Enforcement Officer or Village Board from seeking an arrest warrant from a court of competent jurisdiction where permitted by law and as the circumstances may require.
Service of papers, notice of violations shall be:
By delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of this chapter; and
By registered or certified mail to the most current address on file in the landlord registration statement upon the owner and/or managing agent; or
If none is on file to the most current address in the Assessor's office by registered or certified mail to the owner and/or managing agent; and if such person or persons cannot be served by any of the aforesaid methods after diligent search shall have been made for him/her or them, then such notice or order may be served by posting the same in a conspicuous place upon the rental property where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be the equivalent of personal service of said notice upon all parties, including the owner and/or managing agent for whom such search shall have been made; or
By any other method or service authorized pursuant to Article 3 of the New York State Civil Practice Law and Rules.
Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the same may be served by delivering to or leaving with such person or persons or either of them a copy of said notice. If said person or persons cannot be found with a due diligence search, then by posting a copy of the same in a manner aforesaid and depositing a copy thereof in a post office in the Village of Saugerties, enclosed in a sealed wrapper addressed to said person or persons at his/her last known place of residence with the postage paid thereon, and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.
Any person who shall violate or assist in the violation of these provisions or who fails to comply with a notice and order issued by the Department under these provisions shall, upon conviction, be punished by a fine of not less than $250 nor more than $500 each day a violation exists.