[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.]
A.
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.
B.
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.
C.
ACTION or PROCEEDING
BUILDING
BUILDING IDENTIFICATION
CHANGE IN OCCUPANCY
EXIT
HABITABLE SPACE
NONHABITABLE SPACE
OWNER
OWNER-OCCUPIED
PROCESS
RENTAL PROPERTY
RENTAL UNIT
RESIDENTIAL UNIT
TENANT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated below:
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.
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.
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:
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."
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.
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.
Any non-owner-occupied 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.
A.
Owner registration.
(1)
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.
(2)
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.
B.
Landlord registration statement.
(1)
The landlord registration statement shall contain the following:
(a)
A description of the premises by street number and tax identification
number.
(b)
Information describing the rental property, including, but not
limited to, the following details:
[1]
The number of bedrooms;
[2]
An assurance that liability and property damage insurance is
held on the property, including the insurer's name and policy
number for all policies;
[3]
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.
(c)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
C.
Designation of a managing agent.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
A.
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.
(1)
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.
B.
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.
C.
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.
D.
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:
A.
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
B.
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
C.
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
D.
By any other method or service authorized pursuant to Article 3 of
the New York State Civil Practice Law and Rules.
E.
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.
