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.
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.
BED-AND-BREAKFAST or TOURIST HOME
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.
BEDROOM
Any room or space used or intended to be used for sleeping
purposes.
CIVIL PENALTY
A penalty levied by the Code Enforcement Officer against
an existing permittee in accordance with this chapter.
CODE ENFORCEMENT OFFICE
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.
CODE ENFORCEMENT OFFICER
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.
CODE OFFICIAL
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.
COMMON AREAS
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:
D.
Washing machines and laundry rooms.
G.
Washrooms in lobby areas.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
HABITABLE SPACE
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.
MULTIPLE DWELLING
Any building containing more than two dwelling units or rooming
units.
OWNER
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.
OWNER'S AGENT
Any person, company, corporation or other entity that has
the authority to act on behalf of or in the place of the owner.
PERMITTEE
An owner who has been issued a rental permit within the preceding
36 months.
PERSON
Any natural person and any entity that is recognized by law
as having the rights and obligations of a natural person.
RECORD TITLEHOLDER
Any person holding title of record by deed, contract of sale,
or judicial determination.
REGISTERED COMPLAINT
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.
RENTAL AGREEMENT
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.
RENTAL BUILDINGS AND STRUCTURES
A.
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
B.
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.
ROOMING/BOARDINGHOUSE
Dwelling providing lodging and meals for monetary compensation
for three or more nontransient guests. No private kitchen facilities
shall be provided to guests.
ROOMING UNIT
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.
TENANT
A person, corporation, partnership or group, not the legal
owner of record, occupying a dwelling unit or portion thereof as a
unit.
TWO-FAMILY DWELLING
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.