This chapter will be known as the "Cortland Rental Housing Law,"
and will be referred to as such in this chapter.
The Common Council (Council) has determined that there exist
in the City of Cortland issues arising from the rental of dwelling
units that may be substandard or in violation of the New York State
Uniform Fire Prevention and Building Code, the New York State Multiple
Residence Law, or other state codes or local codes; dwelling units
that are inadequate in size, overcrowded and dangerous, that tend
to promote or encourage deterioration of the housing stock of the
City, create blight, excessive vehicular traffic and parking problems
and that tend to overburden municipal services. The Council finds
that the City has transient residents, many of whom occupy rental
housing within the City and whose members have generated a disproportionate
number of complaints of public nuisances, including but not limited
to noise, property damage, and property neglect; that the current
Code of the City of Cortland lacks sufficient incentives for owners
to regulate the conduct of their tenants; and that the City Code lacks
sufficient safeguards on the population densities of rental housing.
The Council further finds that current City Code provisions must be
enforced to halt the proliferation of such conditions and that the
public health, safety, welfare, good order and governance of the City
will be enhanced by enactment of the regulations set forth in this
chapter, which regulations are remedial in nature and effect.
This chapter supplements and/or incorporates the requirements
contained in the New York State Uniform Fire Prevention and Building
Code, the New York State Multiple Residence Law and the Zoning Law
of the City of Cortland. In the event of a conflict between the aforementioned
codes and this chapter, the most restrictive requirements shall prevail
to the extent permitted under applicable law. This chapter is intended
to supplement rather than supersede existing New York State law and
the other chapters of the City Code.
A.
The provisions of this chapter shall apply to the maintenance, repair,
use and occupancy of all residential buildings and structures now
in existence or hereafter constructed, rehabilitated, renovated or
converted to residential use within the City of Cortland where the
building or structure is being used in any capacity for rental housing,
except those buildings and structures specifically excluded from the
provisions of this chapter and public nuisance structures as defined
herein. Any structure that was in compliance on the day previous to
the adoption of this chapter will be allowed to remain, except if:
(1)
Such structure is substantially damaged by fire or other causes.
In the event that the existing use is nonconforming in any respect
as to this chapter or the City of Cortland Zoning Law, the rehabilitation
or reconstruction of the structure shall be subject to the nonconforming
use provisions of Article XII of the City of Cortland Zoning Law;
(2)
Any state, county or local code requires changes to existing structures.
B.
The legal occupancy of any rental building or structure existing
on the date of adoption of this chapter shall be permitted to continue
without change, except such changes as are specifically required to
be made to existing rental buildings or structures in this chapter,
the New York State Multiple Residence Law and the New York State Uniform
Fire Prevention and Building Code.
C.
Nothing in this chapter shall be deemed to change the validity of
or requirements for a certificate of occupancy under the New York
State Uniform Fire Prevention and Building Code.
D.
Exceptions. The provisions of this chapter do not apply to:
(1)
Buildings, structures and uses owned and operated by any governmental
unit or governmental agency, including the State of New York, the
State University College at Cortland, or the County of Cortland;
(2)
Single-family dwellings occupied by a record titleholder;
(3)
Two-family dwellings, with at least one dwelling unit occupied by
the record titleholder;
(4)
Transient shelters and group homes subject to state inspection;
(5)
Residential structures of which ownership passes to a governmental
unit;
(6)
Hotels or motels;
(7)
Tourist homes or bed-and-breakfast dwellings; and
(8)
Nursing homes, intermediate-care nursing homes or convalescent dwellings.
E.
Where a nonresidential business or activity or a state-licensed or
state-approved use occupies a portion of a building and the building
contains premises which would otherwise be subject to this chapter,
this chapter shall be and remain applicable to the residential and
common or public areas of such building and premises.
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings
and shall be so construed wherever they appear in this chapter.
The Code Enforcement Office.
A single-family dwelling occupied and used by the owner of
such dwelling as their principal residence, and within such dwelling
unit there are not more than four accessory guest rooms whose occupants'
stay shall not exceed seven days and for which a morning meal only
is provided.
Any room or space used or intended to be used for sleeping
purposes.
A penalty levied by the Code Enforcement Officer against
an existing permittee in accordance with this chapter.
The division within the City charged with the duty to inspect
dwelling units, rooming houses, rooming units, premises and structures
for compliance with this chapter, and may also mean, as the context
indicates, a member of that division.
The person designated by the Mayor or Common Council to issue
permits pursuant to the New York State General City Law, the administrator
of the Code Enforcement Office or their designee. Nothing herein shall
be deemed to require the Mayor or Common Council to delegate permitting
authority to the Code Enforcement Officer. The designated officer
shall be the authorized representative for the enforcement of this
chapter and for the administration of the division.
Also referenced as the Code Enforcement Officer, the person
appointed by the Mayor or Common Council pursuant to the New York
State General City Law to issue permits; and the person charged with
the administration and enforcement of this chapter, or any duly authorized
representative thereof.
The areas within a two-family or multiple dwelling that are
available for common use by all tenants of all dwelling units. Examples
include but are not limited to:
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility space
and similar areas are not considered habitable spaces.
Any building containing more than two dwelling units or rooming
units.
The record titleholder or contract purchaser, property manager,
tenant under a recorded lease or any executor, administrator, trustee,
conservator or other fiduciary, mortgagee or lienholder thereof; an
agent for the receipt of notice, legal process or other service or
any individual acting in a fiduciary capacity for the record titleholder
or contract purchaser.
Any person, company, corporation or other entity that has
the authority to act on behalf of or in the place of the owner.
An owner who has been issued a rental permit within the preceding
36 months.
Any natural person and any entity that is recognized by law
as having the rights and obligations of a natural person.
Any person holding title of record by deed, contract of sale,
or judicial determination.
Any oral or written communication or personal observation
upon which the Code Enforcement Officer has probable cause to believe
that additional investigation is required to verify compliance with
this chapter.
A written or oral agreement embodying and fixing the terms
and conditions for the transfer of possession and the use and occupancy
of premises, whether or not for a definite period of time.
Dwelling units, rooming houses, rooming units, two-family dwellings,
or multiple dwellings which are occupied by one or more persons, none
of whom is a record titleholder; or
Dwelling units, rooming houses, rooming units, two-family dwellings,
or multiple dwellings which are used for residential purposes under
the terms of a rental agreement.
Dwelling providing lodging and meals for monetary compensation
for three or more nontransient guests. No private kitchen facilities
shall be provided to guests.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
A person, corporation, partnership or group, not the legal
owner of record, occupying a dwelling unit or portion thereof as a
unit.
A building of two dwelling units, separated by common walls
and/or floors. It may or may not have a direct entrance from the outside
to each dwelling unit.
