A.Â
The purpose of this chapter is to protect the public health, safety,
morals and welfare of the people of the Village of New Paltz, New
York by establishing minimum standards governing the condition, occupancy
and maintenance of dwellings, dwelling units, rooming houses, rooming
units and premises; establishing minimum standards governing utilities,
facilities and other physical components and conditions essential
to make dwellings, dwelling units, rooming houses, rooming units and
premises safe, sanitary and fit for human habitation; fixing certain
responsibilities and duties of owners, operators, agents and the occupants
of dwellings and dwelling units, rooming houses and rooming units;
authorizing and establishing procedure for the inspection of dwellings,
dwelling units, rooming houses and rooming units and the condemnation
and vacation of those dwellings, dwelling units, rooming houses and
rooming units unfit for human habitation; and fixing penalties for
the violations of the provisions of this chapter. This chapter is
hereby declared to be remedial and essential to the public interest,
and it is intended that this chapter be liberally construed to effectuate
the purpose as stated above.
B.Â
This chapter shall apply to all residential rental premises as follows:
(1)Â
Lots, plots or parcels of land on which residential buildings, buildings
of mixed occupancy or accessory structures are located;
(2)Â
Residential buildings, including one- and two-family dwellings and
multiple dwellings;
(3)Â
Residential occupancies in buildings of mixed occupancy; and
(4)Â
Accessory structures, accessory to residential occupancies.
A.Â
Except as otherwise specified in this chapter, the definitions for
words in this chapter shall be the same as those found in other chapters
of the Municipal Code of the Village of New Paltz, and said definitions
shall be deemed incorporated herein as though set forth herein in
full.
B.Â
Except where specifically defined in Chapter 212 of the Municipal Code of the Village of New Paltz (entitled "Zoning"), all words used in the present tense shall include the future. Words used in this chapter shall carry their customary meanings. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
C.Â
The word "shall" is always mandatory. The word "may" is permissive.
"Building" or "structure" includes any part thereof. The word "lot"
includes the word "plot" or "parcel." The word "person" includes an
individual person, a firm, a corporation, a copartnership, and any
other agency of voluntary action.
D.Â
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
E.Â
DISPLACED TENANT
LANDLORD
NORMAL WEAR AND TEAR
PROPERTY MANAGER
PROPERTY OWNER
RENTAL AGREEMENT
RENTAL PROPERTY
RESIDENTIAL UNIT
SECURITY DEPOSIT
SURRENDER OF PREMISES
TENANT
TERMINATION OF TENANCY
As used in this chapter, the following terms shall have the meanings
indicated:
A residential tenant who loses use of his/her residence as
a result of the loss of a certificate of occupancy and/or rental registration
by virtue of a violation of this chapter.
The person who has the right to exclusive possession of certain
premises and, who, for consideration under a rental agreement, agrees
to relinquish that right to another temporarily, retaining a right
of reversion of the premises upon termination of such agreement.
The deterioration which occurs, based on the use for which
the residential unit is intended, without negligence, carelessness,
accident or abuse of the premises or equipment or chattels by the
tenants or members of his/her household or their invitee or guests.
The term "normal wear and tear" does not include sums or labor expended
by the landlord in removing from such residential unit articles abandoned
by the tenant such as trash. If a rental unit was leased to a tenant
in a habitable condition or if it was put in a habitable condition
by the landlord during the term of the tenancy, "normal wear and tear"
does not include sums required to be expended by the landlord to return
the rental unit to a habitable condition, unless expenditure of those
sums was necessitated by action of the landlord, events beyond the
control of the tenant or actions of someone other than the tenant
or members of his/her household or their invitee or guests.
A person or company hired by a property owner to take responsibility
for ensuring rental properties are continually maintained to the standards
set by the Village Code, New York State law, and the interests of
the property owner(s).
The person(s) or company/corporation whose name appears on
the deed. For purposes of this chapter, a property owner shall mean
the designated owner. If the property has multiple owners or is owned
in partnership, then one person must be designated and named as the
responsible party for registration purposes.
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.
Any parcel, house, apartment or room within whose boundaries
housing accommodations are provided in exchange for money, trade or
barter, whether said accommodations are short-term or long-term, owner-occupied
or nonowner-occupied. "Rental property" does not include housing exchanged
for the specific purposes of child care or nursing/companion or home
health care.
Any premises which are used for residential purposes under
the terms of a rental agreement.
The total of all payments and deposits given by a tenant
to the landlord as security for the performance of the tenant's obligations.
A tenant's voluntary relinquishment of his or her renter's
legal rights and return of possession of the leased premises to the
landlord, upon landlord's consent.
A person entitled to exclusive possession and occupancy of
a residential unit and the right of use of the appropriate appurtenances
as provided in a rental agreement, including any other person 18 years
of age or over who shares such unit with the knowledge and consent
of the landlord.
The severance of the landlord and tenant relationship, which
is either effectuated through: i) written notice from the landlord
based on a lease violation; ii) written notice from the landlord based
on the end of a month to month term; iii) written notice from the
landlord based on a lease violation; or iv) an order of a court of
competent jurisdiction. Such termination of tenancy does not relieve
either the landlord or tenant of their respective contractual obligations
in existence at the time of termination.
This chapter shall not apply to institutional occupancies, including,
but not limited to, nursing, convalescent and old-age homes; or to
occupancies intended primarily for transients, including, but not
limited to, hotels, motels and tourist courts.
A.Â
Consistency with other regulations. The provisions of this chapter
shall supersede local laws, ordinances, codes, or regulations to the
extent that such laws, ordinances, codes or regulations are inconsistent
with the provisions of this chapter, provided that nothing herein
contained shall be construed to prevent the adoption and enforcement
of a law, ordinance, code or regulation which is more restrictive
or establishes a higher standard than those provided in this chapter
and such more restrictive requirement or higher standard shall govern
during the period in which it is in effect.
B.Â
Conflict with other regulations. Where a provision of this chapter
is found to be in conflict with the provision of a zoning, building,
electrical, plumbing, fire, safety, health, water supply or sewage
disposal law or ordinance, or regulation adopted pursuant thereto,
or other local law, ordinance, code or regulation, the provision or
requirement which is the more restrictive or which establishes the
higher standard shall prevail.
C.Â
Relationship to New York State Uniform Fire Prevention and Building
Code (the Uniform Code). Installations, alterations and repairs to
residential premises, and materials, assemblies and equipment utilized
in connection therewith, shall be reasonably safe to persons and property,
and in conformity with applicable statutes of the State of New York,
and orders, rules and regulations issued by authority thereof. Conformity
of such work, materials, assemblies or equipment with the applicable
requirements of the New York State Uniform Fire Prevention and Building
Code (the Uniform Code) shall be prima facie evidence that the same
is reasonably safe to person and property.
If a term, part, provision, section, subsection or paragraph
of this chapter shall be held unconstitutional, invalid, or ineffective,
in whole or in part, such determination shall not be deemed to invalidate
the remaining terms, parts, provisions, sections, subsections and
paragraphs.