[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 10-26-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
Unsafe buildings — See Ch. 53.
Fire prevention and building construction — See Ch. 65.
Zoning — See Ch. 150.
Editor's Note: This local law superseded former Ch. 103, Rental Properties, adopted 9-23-2013 by L.L. No. 6-2013.
The Board of Trustees of the Village of Greenport hereby finds that it is in the public interest to prevent unsafe conditions arising from the rental of residential property that is in violation of the New York State Uniform Fire Prevention and Building Code or the Greenport Village Code, and any other codes or regulations that are applicable within the Village of Greenport, and property used for rental that is inadequate in size, overcrowded and dangerous; or which pose hazards to life, limb and property of residents of the Village of Greenport or that tend to promote and encourage deterioration of the housing stock of the Village of Greenport; create blight, excessive vehicle traffic and parking problems; and overburden municipal services. The Board of Trustees further finds that additional Code provisions are required to halt the proliferation of such conditions and that the public health, safety, welfare and good order governance of the Village of Greenport will be enhanced by enactment of the regulations set forth in this chapter.
This chapter shall apply to all rentals of property for residential use in the Village of Greenport. Any property shall be presumed to be rented if said premises are not occupied by the legal owner thereof.
The provisions of this chapter shall be deemed to supplement applicable state and local laws, codes and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies or existing requirements of any other provision of state or local law or code or regulation. The issuance of any permit or the filing of any form under this chapter does not make legal any action or state of facts that is otherwise illegal, unlawful or nonpermitted, or is otherwise in contravention of any other applicable law, code, rule or regulation.
As used in this chapter, the following terms shall have the meanings indicated:
- CONVENTIONAL BEDROOM
- A room designed as a bedroom or, as in the case of a studio apartment, a common room used for sleeping purposes. Rooms having other purposes, such as dens, kitchens, living rooms or hallways, are not to be interpreted or used as conventional bedrooms. A room that is not a conventional bedroom may not be converted to or used as a conventional bedroom without the prior approval of the Village of Greenport.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities, and having no enclosed space (other than vestibules, entranceways, or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit and which contains at least and not more than one kitchen.
- Any assembly of cabinets, appliances, countertops or plumbing used in connection with the storage, preparation or cooking of food.
- NONCONFORMING BUILDING OR USE
- A building or use that does not conform to the applicable building, zoning or other relevant regulations of the district in which it is situated.
- NONHABITABLE SPACE
- Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, boiler and recreation rooms, closets and other space for service and maintenance of the building, and those spaces used for access and vertical travel between stories and specifically excluding any rooms used for sleeping, eating and cooking, other than kitchenettes. The presence of a bed or bed frame, crib or other sleeping provisions in a room is presumptive evidence that the room is being used for sleeping purposes. Nonhabitable space shall not be used for sleeping purposes.
- Any person, partnership, corporation or other entity who alone, or jointly with others, has legal title to any premises, including a mortgagee in possession or with maintenance responsibility due to a foreclosure or other proceeding. The general partner of a partnership, director of a corporation and member of a limited liability company shall be deemed to be an owner for purposes of this chapter.
- RENEWAL RENTAL PERMIT
- A permit which is to be issued to the owner of the rental property where such dwelling unit has been the subject of a rental permit continuously prior to the date of the application for the permit.
- RENTAL PERMIT
- A permit issued by the Building Inspector to the owner to allow the use or occupancy of a rental property.
- RENTAL UNIT
- A dwelling unit or portion of a property which is occupied for habitation by a person or persons, other than the owner or the owner's immediate family.
The owner shall maintain a confidential record of the names and telephone numbers of the tenants.
Effective the date of the filing of this chapter with the New York State Department of State, no owner shall cause, permit or allow the occupancy or use of a rental property without a valid rental permit and no person shall occupy or otherwise use a dwelling unit or any part thereof as a rental unit without a valid rental permit being issued for the rental unit. A rental permit issued under this chapter shall only be issued to the owner(s) of the real property at issue.
An application for a rental permit that has been signed and sworn to by the owner shall be filed for all rentals of property for habitation or residential purposes prior to the rental or occupancy thereof which application shall contain the legal residence and contact information of each owner and verification of an inspection by the Village of Greenport or a written certification from a licensed architect or licensed engineer that states that the rental unit fully complies with all of the provisions of the New York State Uniform Fire Prevention and Building Code and Greenport Village Code, and any other applicable codes and regulations, which certification shall not have been completed more than 30 days prior to the date of the application for a rental permit, and a floor plan of the rental unit.
The Building Inspector or another person designated by the Board of Trustees shall review each application for completeness and accuracy and shall issue a rental permit when the application is complete and fee paid.
All permits issued pursuant to this chapter shall have a term of two years.
An application for the renewal of a rental permit shall be signed by the owner and shall be completed and filed with the Building Inspector not later than 30 days prior to the expiration of any valid rental permit. The application for a renewal of the rental permit shall contain an official copy of the prior valid rental permit and either a signed and sworn affidavit by the owner affirming that the rental property, to the best of his/her knowledge, fully complies with all of the provisions of the New York State Uniform Fire Prevention and Building Code, and Greenport Village Code, that the structure has not been physically altered in any way, except in full conformance with a valid building permit, and the owner is not aware of the property being in violation of the New York State Uniform Fire Prevention and Building Code, and the Greenport Village Code; or an inspection by the Building Inspector of the Village of Greenport.
It shall be the duty of the Building Inspector to maintain a register of the owner name and address, number of rooms in the premises, and expiration date of permits issued pursuant to this chapter.
A nonrefundable biennial permit application fee, in the amount of $250, shall be paid upon the filing of an application for a rental permit or a renewal rental permit.
If an owner of a rental property is found by any court of competent jurisdiction to have violated this chapter, within a two-year period preceding the date of the commencement of the renewal period, the nonrefundable bienniel rental permit application fee for the rental unit will be $500.
No rental unit shall be occupied by more than the number of persons permitted to occupy the rental property under the New York State Uniform Fire Prevention and Building Code and International Codes and the other codes and regulations of the State of New York.
No more than two bedrooms shall be permitted in the basement of a rental property.
The selling of shares to subtenants where they obtain rights for use and/or occupancy in a dwelling shall be prohibited.
The leasing, subleasing, occupancy or use by a tenant of less than the entire rental property is prohibited.
The owner(s) and tenant(s) shall ensure that all applicable parking regulations provided for in the Greenport Village Code are satisfied.
A rental unit shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the rental unit.
The owner(s) and tenant(s) shall ensure that all property maintenance regulations provided for in the New York State Uniform Fire Prevention and Building Code and the United States Department of Housing and Urban Development Section 8 Housing Quality Standard Inspection Checklist standards are satisfied as may be applicable.
Dumpsters are prohibited on residential property for anything other than incidental short-term use.
The Building Inspector and Village personnel or agents for the Village who are engaged in the enforcement of the provisions of this chapter, the New York State Uniform Fire Prevention and Building Codes and the Greenport Village Code, are authorized to make or cause to be made inspections to determine the condition of rental properties to safeguard the health, safety, and welfare of the public.
The Building Inspector shall revoke a rental permit when the permit holder has caused, permitted or allowed to exist and remain upon the rental unit a violation of any provision of the New York State Uniform Fire Prevention and Building Code, or the Greenport Village Code, for a period of 14 calendar days or more after written notice has been provided to the permit holder, owner, managing agent, or tenant of the rental property by mail, certified mail, or hand delivery.
An appeal from such revocation may be made in writing by the permit holder to the Board of Trustees within 30 days from the date of such revocation. The Village Board of Trustees shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing.
The first violation of this chapter within an eighteen-month period by the owner(s) and/or tenant(s) shall be punishable by a fine of not less than $500 nor more than $1,500.
The second violation of this chapter within an eighteen-month period shall be punishable by a fine of not less than $1,000 nor more than $2,500.
The third violation of this chapter within an eighteen-month period shall be punishable by a fine of not less than $1,500 nor more than $5,000.
Each day that a violation of this chapter should exist shall constitute a separate violation of this chapter.
For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.
A violation existing at the premises shall be a violation by both the tenant and the owner and at the sole discretion of the Village either the tenant or the owner or both the tenant and the owner may be charged with and prosecuted for the existence of a violation.
Additionally, in lieu of imposing the fine authorized by this chapter, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy.
The Village shall have the right, after the determination by the Building Inspector, or other appropriate official or employee of the Village, that a dangerous, hazardous or unsafe condition exists on a premises that is subject to this chapter, after the expiration of 10 calendar days from the date of the mailing of written notice to the owner and the occupant served by regular and certified mail return receipt requested, to enter the premises and cure, correct or repair the dangerous, hazardous or unsafe condition, and all costs and expenses associated with that action by the Village (including administrative, engineering and professional fees in the amount of 25% of the actual costs and expenses incurred in curing, correcting or repairing the condition), shall be reimbursed by the owner of the property to the Village, and, in the event that the amount has not been paid to the Village within 10 days of the date of billing, the amount shall become a lien on the property and billable in the next Village real estate tax bill for that property. The notice required in this section shall not prejudice or affect any other right that the Village may have under the law to address or remedy a dangerous, hazardous or unsafe condition, including the right to immediately enter the property to correct a condition that is an imminent danger to life, property or public safety.
In the event that one or more of the provisions of this local law or chapter shall be deemed to be unenforceable, the remaining provisions of this local law or chapter shall remain in full force and effect.