The Town Board of the Town of Riverhead has determined that
there exist in the Town of Riverhead serious conditions arising from
the rental of dwelling units that are substandard or in violation
of the New York State Uniform Fire Prevention and Building Code, Multiple
Residence Law, Town of Riverhead Housing Code, Building Rehabilitation
Code, Electrical Code, Fire Prevention Code, Plumbing Code and other
codes and ordinances of the Town, are inadequate in size, overcrowded
and dangerous, that such dwelling units pose hazards to life, limb
and property of residents of the Town and others, tend to promote
and encourage deterioration of the housing stock of the Town, create
blight and excessive vehicle traffic and parking problems and overburden
municipal services. The Board finds that current Code provisions are
inadequate to halt the proliferation of such conditions and that the
public health, safety, welfare and good order and governance of the
Town will be enhanced by the enactment of the regulations set forth
in this chapter, which regulations are remedial in nature and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED HOUSEHOLD CONTENTS
Furniture, furnishings, housewares, appliances and other
personal property customarily found in and used in residential dwellings,
which are deposited at or along said dwelling's street frontage, in
part or in whole, pursuant to a duly executed warrant of eviction
by legally authorized law enforcement officers and/or personnel.
APARTMENT HOUSE
A dwelling for three or more families living independently
of each other.
APARTMENTS, GARDEN
A group of buildings not more than 2 1/2 stories in
height, each building containing not more than eight dwelling units.
If buildings are attached, they shall not contain in the aggregate
more than 16 dwelling units. No portion of any such building below
the first story or above the second story shall be used for dwelling
purposes.
AUTHORIZED AGENT
Any person, organization, partnership, association, corporation
or other legally recognized entity given express written authorization
by an owner to act on his behalf regarding this chapter and all state
and local rules, regulations and ordinances referenced herein.
CODE ENFORCEMENT OFFICIAL
The official who is charged with the administration and enforcement
of this chapter, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building
Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Coordinator, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II,
Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance
Enforcement Officer or Ordinance Inspector of the Town of Riverhead,
and such person(s) shall be certified as a New York State Code Enforcement
Official.
CONDOMINIUM
A dwelling unit in a housing complex of one-, two- or multiple-family
dwelling units with an arrangement whereby the occupants or an occupant
of each unit has full title to that particular unit and a joint ownership
with all other title holders in the housing complex of certain common
property.
DWELLING
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one individual or one family
only.
DWELLING, MULTIPLE-FAMILY
A building, other than a garden apartment or apartment house,
designed for and occupied as a residence by three or more families
living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
any other unit by one or more common fire-resistant walls.
DWELLING, TWO-FAMILY
A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other.
DWELLING UNIT
A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
[Amended 2-17-2016 by L.L. No. 7-2016]
FAMILY
A.
One or more persons, whether or not related to each other by
blood, marriage or adoption, all occupying a single, whole, legal
single or one-family dwelling unit as a traditional family or the
functional equivalent of a traditional family, shall be considered
a family, and further provided that persons occupying group quarters,
such as a dormitory, fraternity or sorority house or a seminary, shall
not be considered a family, having access to and utilizing the whole
of such dwelling unit, including but not limited to all rooms and
housekeeping facilities, in common.
B.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(1)
The group is one which in structure and function resembles a
traditional family unit; and
(2)
The occupants must share the entire single or one-family dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family; and
(3)
The adult occupants share expenses for food, rent, ownership
costs, utilities and other household expenses; and
(4)
The occupancy is permanent and stable. Evidence of such permanence
and stability includes, but is not limited to:
(a)
The presence of minor children regularly residing in the household
who are enrolled in local schools;
(b)
Members of the household have the same address for purposes
of voter registration, driver's licenses, motor vehicle registration,
filing of taxes and delivery of mail;
(c)
Members of the household are employed in the area;
(d)
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or in other dwelling
units;
(e)
Common ownership of furniture and appliances among the members
of the household; and
(f)
Any other factor reasonably related to whether or not the occupants
are the functional equivalent of a family.
IMMEDIATE FAMILY
The immediate family of the owner of a dwelling unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
MANAGING AGENT
Any individual, business, partnership, firm, corporation,
enterprise, trust, company, industry, association, public utility
or other legal entity responsible for the maintenance or operation
of any rental property as defined within this chapter.
MOBILE HOME
A detached single-family dwelling unit with all of the following
characteristics:
[Added 5-7-2019 by L.L.
No. 13-2019]
A.
Designed for long-term occupancy and containing sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities, with
plumbing and electrical connections provided for attachment to outside
systems.
B.
Designed to be transported after fabrication on its own wheels
or on flatbed or other trailers or detachable wheels.
C.
Arriving at the site where it is to be occupied as a dwelling
complete, including major appliances and furniture, and ready for
occupancy, except for minor and incidental unpacking and assembly
operations, location on foundation supports, connections to utilities
and the like.
MOBILE HOME OR TRAVEL TRAILER PARK
A parcel of land which has been planned and improved for
the placement of two or more mobile homes or travel trailers.
[Added 5-7-2019 by L.L.
No. 13-2019]
NEW PERMIT
A permit which is to be issued to the owner of an intended
rental premises where such premises has not been the subject of a
rental occupancy permit continuously prior to the date of application
for the permit.
OCCUPANT
A natural person who leases, uses or occupies a dwelling
unit.
OWNER
Any person or entity in whose name the real property upon
which the dwelling unit is situated is recorded in the office of the
Suffolk County Clerk. The person or entity in whose name the real
property is recorded in the office of the Suffolk County Clerk shall
be presumed to be the owner thereof.
RENT
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value),
for the use and occupancy or the right to the use and occupancy of
a dwelling unit, whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT
A permit which is issued to the owner of rental dwelling
unit(s) by the Code Enforcement Official (CEO) whereby such owner
has submitted a completed rental occupancy application or rental renewal
application; secured a valid rental occupancy registration and successfully
passed an safety inspection in accordance with this chapter.
[Amended 6-7-2022 by L.L. No. 6-2022]
RENTAL OCCUPANCY REGISTRATION
A registration which is valid for 90 days and issued upon
filing of an "approved" rental permit application or rental renewal
application submitted to the Town of Riverhead for which a rental
occupancy permit is sought. For the purpose of this definition, the
term "approved" shall mean approved by the Code Enforcement Official.
[Amended 6-7-2022 by L.L. No. 6-2022]
TRANSIENT
A rental period of 29 days or less.
[Added 10-16-2013 by L.L. No. 17-2013]
[Amended 2-17-2016 by L.L. No. 7-2016; 6-7-2022 by L.L. No. 6-2022; 8-1-2023 by L.L. No. 14-2023]
A. An application for a rental occupancy permit for a rental dwelling
unit shall be made in writing to the Code Enforcement Official on
a form provided therefor. Such application shall be filed and shall
include the following:
(1) The name, address and telephone number of the owner of the dwelling
unit intended for rental occupancy. In the event that said dwelling
unit is owned by more than one individual or entity, each owner's
name, address and telephone number shall be provided. In the event
that the owner of the dwelling unit intended for rental occupancy
is a corporation, partnership, limited-liability company or other
business entity, the name, address and telephone number of each owner,
officer, principal, shareholder, partner and/or member of such business
entity shall be provided. In the event that the owner has an authorized
agent acting on his behalf, that person's name, address and telephone
number shall also be provided.
(2) Proof of residency of each owner.
(3) The street address and Tax Map designation (section, block and lot
or lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling units intended for occupancy are located.
(4) A description of the structure, including the number of rental dwelling
units in the structure.
(5) An accurate and legible floor plan drawn with a straight edge in
scale, including all floor levels and basement, neatly done which
must include interior dimensions of all room walls and uses of all
rooms, i.e., hallways, kitchens, bathrooms, foyers, closets and any
other common spaces; window locations and sizes for sleeping rooms;
door dimensions, locations of smoke detectors and carbon monoxide
alarms. The exterior outline and dimensions of the floor plans are
to reasonably match the property survey.
(6) The number of persons intended to be accommodated by, and to reside
in, each such rental dwelling unit.
(7) The name of each person that is and/or will be occupying the premises
intended for rental occupancy.
(8) A copy of the most recent deed and real property tax bill, confirming
the ownership of record of the dwelling unit.
(9) A copy of the certificate of occupancy or certificate of existing
use for the dwelling unit.
(10)
A property survey of the premises drawn to scale not greater
than 40 feet to one inch or, if not shown on the survey, a site plan,
drawn to scale, showing all buildings, structures, walks, driveways
and other physical features of the premises and the number, location
and access of existing and proposed on-site vehicle parking facilities.
(11)
Proof of an existing policy of homeowner's liability insurance.
Acceptable forms of proof shall include:
(a)
A letter from the insurer or agent certifying coverage, including
the effective dates of the policy;
(b)
A copy of the full insurance policy;
(c)
A declaration page listing the property address, owner of record,
coverage limits and effective dates of the policy.
(12)
Each application shall be executed by and sworn to under oath
by the owner of the dwelling unit.
(13)
If the owner or authorized agent of a dwelling unit resides
or has his principal place of business located outside the County
of Suffolk, he is required to designate an agent who resides in the
County of Suffolk for the service of process of any notices set forth
in this chapter or for the service of process of a violation of this
chapter. The failure to provide the name and address of an agent for
service of process shall be deemed a violation of this chapter.
B. In the case of a condominium unit, the application for a rental occupancy
permit shall be accompanied by a scale drawing or floor plan of the
condominium unit in lieu of a survey or site plan.
C. Each application for a rental occupancy permit shall be accompanied
by an affidavit, signed by each owner and tenant named in the application,
confirming that they have received copies of all Town laws and ordinances
affecting rentals, noise, vehicle parking restrictions on residential
lots and refuse disposal and agree to abide by the same.
D. Notwithstanding the above, no rental occupancy permit shall be required for agricultural worker housing as defined in §
301-3 of the Riverhead Town Code.
E. Notwithstanding the above, no rental occupancy registration or permit
shall be required for a residential care facility established under
federal, New York State or Suffolk County guidelines or for units
where occupants are in an established care program.
F. Notwithstanding the above, no rental occupancy permit shall be required for any commercial hotel/motel business operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation, except that the exemption in this Subsection
F shall not apply to any commercial hotel/motel whose primary purpose is to provide permanent residences to its customers as defined in this chapter.
[Added 6-7-2022 by L.L. No. 6-2022]
A. Notwithstanding
any letter(s), designation(s), certification(s) or other recognition(s)
that a structure is or maintains a use or condition existing prior
to the adoption of any local zoning or building ordinances or codes,
it shall hereafter be the policy of the Town of Riverhead that no
rental permit shall be issued approving a rental occupancy of any
multifamily dwelling as defined in this chapter wherein a third floor
(above grade plane) is maintained and used as living or sleeping space
and/or where more than two separate and distinct rental dwelling units
are contained within a multifamily dwelling as defined in this chapter
unless a residential fire sprinkler protection system and interconnected
smoke detection and alarm system, approved by the Riverhead Town Fire
Marshal, is installed throughout the structure in accordance with
the New York State Building and Fire Code.
B. Notwithstanding
any letter(s), designation(s), certification(s) or other recognition(s)
that a structure is or maintains a use or condition existing prior
to the adoption of any local zoning or building ordinances or codes,
it shall hereafter be the policy of the Town of Riverhead that no
rental permit shall be issued approving a rental occupancy of any
multifamily dwelling as defined in this chapter wherein a third floor
(above grade plane) is maintained and used as living or sleeping space
unless a secondary means of egress in accordance with the New York
State Building and Fire Code, approved by the Riverhead Fire Marshal,
is available in the event of a fire or other emergency condition.
[Amended 7-3-2007 by L.L. No. 22-2007; 2-17-2016 by L.L. No. 7-2016; 6-7-2022 by L.L. No. 6-2022; 8-1-2023 by L.L. No. 14-2023]
A. A nonrefundable rental permit application fee shall be paid, upon
filing an application or renewal application, in accordance with the
fee schedule established by resolution of the Town Board of the Town
of Riverhead.
B. The fee required by this section shall be waived for any applicant
who demonstrates that the dwelling unit is occupied by the immediate
family of the owner of the dwelling unit as defined in this chapter.
C. Any commercial hotel/motel business operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation, shall be exempt from the fee required by this section. For the purposes of this chapter, a "short duration" shall be defined as not more than 21 consecutive days. The exemption in this Subsection
C shall not apply to any commercial hotel/motel whose primary purpose is to provide permanent residences to its customers, and they shall pay a biennial fee based upon the number of rental units, as established by resolution of the Town Board of the Town of Riverhead. For the purposes of this chapter, "permanent residence" shall be defined as more than 21 consecutive days.
[Amended 5-7-2019 by L.L. No. 13-2019]
A. No rental occupancy permit or renewal thereof shall be issued under
any application unless the property shall be in compliance with all
the provisions of the Code of the Town of Riverhead, the laws and
sanitary and housing regulations of the County of Suffolk and the
laws of the State of New York.
B. In the case of mobile home units situated within a mobile home park,
it shall be the responsibility of the applicant and owner of such
unit to provide a copy of the permit issued hereunder to the office,
owner, agent and/or manager of the mobile home park within 30 days
of same being issued.
[Amended 6-7-2022 by L.L. No. 6-2022; 10-4-2022 by L.L. No. 17-2022; 8-1-2023 by L.L. No. 14-2023]
A. The Code Enforcement Official (CEO) or his designee shall review
each application for completeness and reject incomplete applications.
The Code Enforcement Official (CEO) shall create and approve the application
requirements in accordance with this chapter.
B. Upon properly filing a completed application with the Rental Housing
Division, the Code Enforcement Official (CEO) shall grant a rental
occupancy registration valid for 90 days.
C. Inspection report. Within 90 days of receiving a temporary rental
occupancy registration, the owner of the rental dwelling unit shall:
(1) Arrange for an inspection of the unit or units and the premises on
which the same are located by the Code Enforcement Official (CEO)
or his designee employed by the Town of Riverhead; or
(2) Provide to the Code Enforcement Official (CEO) an inspection report
designed and approved by the Code Enforcement Official (CEO), signed
by either a) a New York State licensed professional engineer; b) a
New York State licensed architect; or c) a home inspector, provided
entities a), b) or c) have a valid New York State Uniform Fire Prevention
Building Code certification either as a Building Safety Inspector
or Code Enforcement Official that the structure and the dwelling units
contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations. Upon receipt of
the approved inspection report, the Code Enforcement Official (CEO)
shall issue a rental occupancy permit valid for one year from the
date of the issuance of the temporary rental occupancy registration.
D. Any owner for which a ninety-day valid rental occupancy registration has expired and who has failed to arrange for an approved method of inspection pursuant to §
263-8C of this chapter will be administratively penalized and charged a reregistration submittal fee of $100 per rental unit. No rental occupancy permit will be processed until such fee is paid.
It shall be the duty of the Code Enforcement Official to maintain
a register of the rental occupancy permits issued pursuant to this
chapter. Such register shall be kept by Tax Map number, license number,
receipt number and street address showing the name and address of
the permittee, the number of rental dwelling units at such street
address, the number of rooms in each such rental dwelling unit and
the date that said rental occupancy permit expires for such unit.
The Code Enforcement Official is authorized to make, or cause
to be made, inspections to determine the condition of rental dwelling
units to safeguard the health, safety and welfare of the public. The
Code Enforcement Official is authorized to enter, upon consent of
the owner if the unit is unoccupied, or upon consent of the occupant
if the unit is occupied, any rental dwelling unit and the premises
in which the same is located, at any reasonable time during daylight
hours, or at such other time as may be necessary in an emergency,
without consent of the owner, authorized agent and/or tenant for the
purpose of performing his duties under this chapter.
The Code Enforcement Official is authorized to make application
to any court of competent jurisdiction for the issuance of a search
warrant in order to conduct an inspection of any premises covered
by this chapter where the owner refuses or fails to allow an inspection
of its rental premises and where there is reasonable cause to believe
that a violation of this chapter has occurred. The application for
a search warrant shall in all respects comply with the applicable
laws of the State of New York.
Nothing in this chapter, except for provisions concerning emergency
inspections, shall be deemed to authorize the Code Enforcement Official
to conduct an inspection of any premises subject to this chapter without
the consent of the owner of the premises and without a warrant duly
issued by an appropriate court.
[Amended 6-7-2022 by L.L. No. 6-2022]
Under New York State Public Officers Law § 87, Subdivision
2(b), rental occupancy registration forms, including applications,
and that portion of the rental occupancy permit application required,
shall be exempt from disclosure under the Freedom of Information Law
on the grounds that such disclosure would constitute an unwarranted
invasion of personal privacy. The Code Enforcement Official will institute
strict policies to ensure that such information is available only
to Town personnel who are engaged in the enforcement of the provisions
of this chapter.
It shall be unlawful and a violation of this chapter for any
broker or agent to list, show or otherwise offer for lease, rent or
sale on behalf of the owner or authorized agent any dwelling unit
for which a current rental occupancy permit has not been issued by
the Code Enforcement Official. It shall be the broker's or agent's
duty to verify the existence of a valid rental occupancy permit before
acting on behalf of the owner or authorized agent. Notwithstanding
the above, first-time rentals shall be granted a fourteen-business-day
grace period for submission of the required rental permit application
paperwork and tenant registration.
This chapter shall be enforced by the Code Enforcement Official
as defined by this chapter.