A.
Owners of residential rental property located in the City of Cortland shall complete and sign a registration form provided by the City Enforcement Office for each rental building and/or structure owned. If the owner owns more than one rental building or structure, separate forms must be completed for each separate rental building and/or structure. The form shall indicate the name, physical address, and telephone number of each and every owner; the number and address of the rental building or structure, whether the premises are governed by a written lease or an oral lease, daytime and evening telephone numbers of the owner or owner's agent, the square footage of habitable space in each rental dwelling unit, and pre-existing nonconforming status, and any other pertinent data sought by the Code Enforcement Officer. The owner shall sign a statement affirming whether a written lease is in effect and, if applicable, that the written lease contains a notice provision pursuant to § 102-19 of this chapter. The form shall indicate an address for receipt of notices by mailing under this chapter. The permittee shall be responsible for updating such information within five business days of an event or a change in circumstances that would render the information in the registration form inaccurate.
[Amended 12-18-2018 by L.L. No. 9-2018]
B.
Owners of residential rental property located in the City of Cortland
who reside in any county other than Cortland County shall provide
the Code Enforcement Office with the name and physical address of
an individual over the age of 18 who shall reside in Cortland County
and who shall be designated as agent for receiving mailed notice or
service of process. Such agent shall be deemed to have the rights
and responsibilities of a permittee for the purposes of this chapter.
A new permittee shall provide the information required in this subsection
within five days from the date of any change of ownership.
C.
Owners shall provide current contact information to the Code Enforcement
Officer within 30 days of changing their address.
A.
No owner shall rent, let, lease, or otherwise allow the occupancy of any existing rental building or structure unless that owner holds a valid rental permit for said rental building or structure. For owners of more than one rental building or structure, separate rental permits are required for each rental building or structure. No violations of this subsection shall issue before one year after the effective date of this chapter. In the event that the Code Enforcement Officer is unable to inspect all rental properties, for which the owners thereof have requested an inspection, within one year from the effective date of this chapter and issue the required rental permit, then every owner of such an existing rental building or structure (that requested an inspection) shall provide all information listed in § 102-16A through I of this chapter, and any other information required pursuant to this chapter in order to obtain a rental permit hereunder, to the maximum extent possible, to the Code Enforcement Officer who will then issue a temporary rental permit which said permit shall be effective until such point as an inspection can be completed by the Code Enforcement Officer, or the owner submits a notarized self-certification form pursuant to § 102-11C, and a permanent rental permit issued.
A.
Rental inspection fees and reinspection fees will be charged in the
amount set forth in the schedule of fees adopted by the City of Cortland
Common Council by resolution.
B.
Rental permits will be issued for a thirty-six-month period and shall
be valid for such period unless invalidated or revoked as provided
in this chapter.
C.
Permits shall be issued upon completion of all of the following:
(2)
Verification of compliance with this chapter through one of the following
methods:
(a)
Completion and submission of a self-certification form by the owner, certifying under oath and subject to perjury that said rental building or structure, and all dwelling units contained therein, are in compliance with all applicable City and state codes, statutes, laws, ordinances and regulations, pursuant to § 102-12B; or
(3)
All requirements of this chapter have been met.
D.
Newly constructed or renovated rental structures will be required
to pay a registration fee in the amount set forth in the schedule
of fees adopted by the Common Council by resolution when the rental
permit is issued. This registration fee must be paid prior to the
issuance of a certificate of occupancy.
A.
If the owner desires an inspection to verify compliance with this chapter as set forth in § 102-11C(2)(b) above, the following shall apply:
(1)
At least 30 days prior to initial occupancy, or 30 days prior to the expiration date of a current rental permit, whichever is applicable, the owner or agent of a rental property shall apply to the Code Enforcement Office for inspection of the structure and all units therein. The owner of the property shall be required to sign and return the application along with the applicable fee, which will also include the registration form required by § 102-9A of this chapter.
B.
If the owner prefers to verify compliance with this chapter as set forth in § 102-11C(2)(a) above, the following shall apply:
(1)
The form for self-certification shall be made available by the Code
Enforcement Officer and shall be completed, signed and notarized by
the record titleholder(s) under penalties of perjury.
If the Code Enforcement Officer determines that there are reasonable
grounds to believe that premises are being maintained in violation
of this chapter, that officer shall give notice of the alleged violation
to the owner or owner's agent of the premises, which notice shall
contain the elements required of an information under the New York
State Criminal Procedure Law. Such notice shall:
A.
Be in writing;
B.
Include a description of the real estate sufficient for identification;
C.
Describe the violation, cite the applicable section of the local
law and/or uniform code, and remedial action required;
D.
Describe the facts upon which the violation is based;
E.
State that all health, safety and maintenance violations must be
corrected immediately. The Code Enforcement Officer shall return at
a specified date to verify conformance with the order to remedy. Any
maintenance items which cannot be completed at this time because of
weather constraints may be granted a time extension. Reasonable time
extensions may be granted by the Code Enforcement Office based on
consideration of all relevant factors;
F.
State that, if upon reinspection a violation still exists, the Code
Enforcement Officer shall order that the rental permit be suspended
and the structure vacated;
G.
Be mailed via first-class, registered or certified mail to the permittee
or served upon any other person in accordance with the applicable
provisions of the Criminal Procedure Law;
H.
State the time to file an appeal, the amount of the appeal fee, the
right to call witnesses and the right to be represented by counsel.
A.
Unless there are significant health or safety issues, if the property
has a valid rental permit, a tenant must first complain to the owner
or agent of the property. Forms for that purpose may be obtained from
the Code Enforcement Office; however, there is no obligation for a
tenant to use such forms.
B.
If the complaint is not addressed within seven calendar days, the tenant may schedule an inspection appointment with the Code Enforcement Officer, who shall give reasonable advance notice to the owner's agent. If violations are found, an inspection fee in accordance with § 102-11 shall be charged.
C.
No person shall institute or maintain an action for eviction because
the occupant has reported a violation of this chapter or a related
provision of the City Code to the Code Enforcement Officer or other
City employee.
D.
No person shall cause any service, facility, equipment or utility
required under this chapter to be removed, shut off or discontinued
in retaliation for a complaint.
A.
The Code Enforcement Officer shall have the right to inspect the
common areas of a two-family dwelling or multiple dwelling upon either:
1) the consent of a person in lawful possession of either the dwelling
or a dwelling unit therein and who has permission to access the area
in question pursuant to their lease; 2) the consent of the owner of
the dwelling; or 3) upon the procurement of an administrative search
warrant from a court of competent jurisdiction to enable such inspection.
B.
The Code Enforcement Officer shall have the right to inspect a dwelling
unit in any rental building or structure upon either: 1) the consent
of the person in lawful possession of that dwelling unit sought to
be inspected and the consent of the owner; or 2) upon the procurement
of an administrative search warrant from a court of competent jurisdiction
to enable such inspection.
C.
The Code Enforcement Officer is authorized, on sworn affidavit stating
the factual basis thereof, to make application to the City of Cortland
Court or to such other court as may be deemed appropriate for the
issuance of an administrative search warrant. The application for
a search or administrative warrant shall, in all respects, comply
with applicable laws of the State of New York and the United States.
The rental permit issued under this chapter shall contain the
following information:
A.
The address, type of structure, and structure classification;
B.
The date of inspection or date of self-certification statement, whichever
is applicable;
C.
The date of issuance;
D.
The expiration date;
E.
Number of dwelling units;
F.
A statement indicating whether the structure is equipped with a fire
alarm system, single station smoke detectors, and carbon monoxide
detectors as required by the Code;
G.
A statement indicating whether the structure is equipped with a sprinkler
system;
H.
Local contact information including name, address and phone number
for the owner or owner's designated representative.[1]
[1]
[Editor's Note: Former Subsection I, regarding the maximum
number of occupants per rental dwelling, which immediately followed
this subsection, was repealed 2-19-2019 by L.L. No. 2-2019.]
A current rental permit issued under this chapter shall be invalidated
by sale or transfer of the property. The owner of a rental building
or structure shall conspicuously display a copy of the rental permit
on the main entrance door of each building, or in a common area immediately
adjacent thereto.
A.
A seller of a rental property, including property occupied under
authority of an unrecorded contract for sale, shall inform the prospective
buyer of the following at least 14 days prior to the closing:
(1)
Current status of the rental permit;
(2)
Any outstanding notice regarding violations of the Cortland Rental
Housing Law;
(3)
The existence of any court or administrative proceeding which pertains
to alleged violations of the Cortland Rental Housing Law, stating
the case numbers and names of all parties to the proceedings.
B.
Every seller of a rental property shall give notice in writing to
the Code Enforcement Office within two business days after closing.
This notice shall include the name and address of the buyer.
C.
Each buyer of an interest in rental property shall give notice in
writing to the Code Enforcement Officer within 10 business days after
closing. The notice shall identify the address of the affected property,
the name and address of all parties named in the contract, and the
interests in the property conveyed or received by each party. The
buyer shall also provide a copy of the deed, showing the date, book,
and page within 10 days of recording.
D.
Any unpaid fines shall run with the land and become a lien against
real property and shall be enforceable against the subsequent owner
of the property.
All written rental agreements for rental buildings or structures
within the City of Cortland must contain the following language in
10-point or larger type: "Please take notice that you and the landlord
each have certain rights and responsibilities under The City of Cortland
Rental Housing Law, a copy of which is available in the City Hall,
25 Court Street, Cortland, New York 13045."
A.
None of the rules in this § 102-20 shall be extended beyond the transition period except by resolution of the Common Council.
B.
Owners of rental buildings or structures existing on the date of adoption of this chapter or existing hereafter must register within one year from the effective date of this chapter in accordance with Article III. Upon receipt of a completed registration form, the Code Enforcement Officer will review the form and if, on this basis, the premises appear to be substantially in compliance with the requirements of this chapter, shall issue a temporary rental permit.
C.
The temporary rental permit shall be effective until the first of
the following has occurred:
(1)
One year shall have elapsed from the date of issuance of the temporary
rental permit;
(2)
The Code Enforcement Officer has inspected the rental building or structure and has issued a rental permit as a result of such inspection, or the owner submits a notarized self-certification form pursuant to § 102-11C;
(3)
The Code Enforcement Officer has inspected the premises and has served
upon the owner a written denial, setting forth the bases therefor;
or
D.
No holder of a temporary rental permit shall be liable for failure to register in accordance with § 102-9 until one year from the effective date of this chapter.
E.
No owner shall be liable for renting premises in violation of this
chapter under the terms of a written lease that was in effect at the
date of enactment, provided that the lease and the occupancy complied
with applicable law in existence prior to such date. This exception
shall not apply to renewals of existing leases.
