[HISTORY: Adopted by the Town Board of the Town of Henrietta 5-20-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
A.
This chapter shall be known and referred to as the "Rental Registry
Law of the Town of Henrietta."
B.
The Henrietta Town Board recognizes that the rental of dwelling units
constitutes a business which impacts upon the public health, safety
and general welfare of the people of the Town of Henrietta. The state
and local framework for regulation of multifamily or multiple-dwelling
buildings is in many and various respects not applicable to one- and
two-family dwellings which are offered and utilized as non-owner-occupied
residential Rental Dwelling Units. The intent of this chapter is to
create a registry relating to the offering for rental of dwelling
units in one- and two-family buildings, so as to facilitate the enforcement
of New York Building and Fire Codes, as well as the Henrietta Town
Code in relation thereto, in order to protect the public health, safety
and welfare of the people of the Town of Henrietta and to achieve
the following beneficial purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons occupying dwellings; and
(3)
The preservation of the value of land and buildings throughout the
Town of Henrietta.
As used in this chapter, the following terms shall have the
meanings indicated:
A certificate evidencing compliance with the provisions of
this chapter requiring registration of rental dwelling units.
Shall include the Building Inspector, Fire Marshal, the Code
Enforcement officer, and all certified code enforcement officials
as appointed pursuant to local law, or as may be designated by the
Director of the Department of Building and Fire Prevention or otherwise
by law.
[Amended 6-26-2019 by L.L. No. 5-2019]
A structure or building, or part thereof, or any area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
Any natural person or persons, partnership or corporation,
limited-liability company, or any similar type of business entity
or propriety interest, whether for profit or otherwise, in whose name
title to a building or real property is vested.
The annual completion of, payment for and filing of a rental
registration application as set forth herein.
A return in money, property or other valuable consideration
(including payment in kind or services or other thing of value) for
use and occupancy or the right to use and occupy a dwelling unit,
whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling unit located in a one- or two-family dwelling
established, occupied, used, or maintained for rental occupancy.
The occupancy or use of a rental dwelling unit by one or
more persons other than the owner as a home or residence under an
arrangement whereby the occupants thereof pay rent for such occupancy
and use.
The New York State Fire Prevention and Building Codes, currently
comprised of Building Code of New York, Fire Code of New York, Plumbing,
Mechanical and Fuel Gas Codes of New York, Residential Code of New
York, Existing Building Code of New York, Property Maintenance Code
of New York and the Energy Conservation and Construction Code of New
York, as currently in effect and as may be hereafter amended from
time to time.
A.
Owners shall complete registration with the code enforcement personnel
or their designee(s) of each rental dwelling unit located in any one-
or two-family residences, on an annual basis, by September 15 of each
year.
B.
For purposes of registration, including renewals, owners of residential
rental properties located within the Town shall complete and sign
a rental registration application provided by code enforcement personnel
or their designee(s), which shall state and provide the following
information:
(1)
The name, physical address, telephone number(s), and e-mail address
of each owner. Post office boxes shall not be accepted as physical
addresses. Furthermore, where the owner is not a natural person, the
owner must provide information relating to the principal (who is a
natural person) or a duly authorized representative of the owner (who
is a natural person) (the "owner registrant contact").
(2)
The address of each residential rental dwelling unit; the number
of dwelling units contained within each residential rental property;
the number of tenants; the number of tenants who are not related to
one another by blood, marriage or legal adoption; and any other pertinent
data sought by the code enforcement personnel.
(3)
The name(s), physical address(es), telephone number(s) and e-mail
address(es) of any local property manager(s) or agent(s) acting on
behalf of the property owner(s). A local property manager or agent
shall be required in all cases where the owner is not a natural person
that physically resides within 50 miles of the Town. Post office boxes
shall not be accepted as physical addresses.
C.
The rental registration application shall indicate an address for
receipt of notices by mailing or any other mailings for purposes of
this chapter and any other applicable laws or regulations.
D.
In the event that changing circumstances would render the information
in the rental registration inaccurate, including where ownership of
the rental dwelling unit changes, the current owner shall be responsible
for updating such information within a period of 45 days.
E.
Fee(s); rental registrations. New registrations, in addition to the
renewal of a registration where a certificate of rental registry compliance
is set to expire after three years, shall require payment of a fee,
which shall be determined by resolution of the Henrietta Town Board
and contained in the Town of Henrietta Fee Schedule. Payment of the
fee shall be required at the time of filing of an application for
a new rental registration or upon registration renewal where a certificate
is set to expire after three years. Fees shall be assessed, administered
and enforced by code enforcement personnel. Failure to register by
September 15 shall result in the assessment of an additional late
fee of 2% per month or any portion thereof after September 15. This
fee shall be in addition to any criminal or civil penalty otherwise
imposed by this chapter.
F.
Registration shall be complete for purposes of this chapter when
a completed rental registration application is received and accepted
by the code enforcement personnel or designee(s) and when the applicable
fee is paid in full.
G.
Code enforcement personnel shall have the authority to enforce the
provisions of this chapter.
A.
A certificate of rental registry compliance granted pursuant to this
chapter shall be required prior to the occupancy of a rental dwelling
unit or units. Permission to occupy a rental dwelling unit shall be
granted only by issuance of such a certificate of rental registry
compliance. No rental dwelling unit shall be occupied without a valid
certificate of rental registry compliance.
B.
Issuance of certificate of rental registry compliance. A certificate
of rental registry compliance shall be issued by code enforcement
personnel or their designee(s) when registration is complete and approved
pursuant to this chapter. Such certificate of rental registry compliance
shall be valid for three years, provided that the rental dwelling
unit(s) is properly registered on an annual basis as required by this
chapter and further provided that said rental dwelling units are not
in violation of the Town Code or the Uniform Code.
C.
Code enforcement personnel may conduct such inspections as may be
necessary to address reasonably suspected noncompliance with the provisions
of the Uniform Code, Energy Code, or any other local, regional, state
or federal laws, rules or regulations that may apply, including the
rules of this section and the Town Code. Should an owner (or his agent
or owner registrant contact) or occupant decline consent to inspection(s)
believed to be necessary by the code enforcement personnel for proper
enforcement, the code enforcement personnel shall be authorized to
apply for a search warrant to permit such inspection(s).
D.
Should a dwelling unit be found to be in violation of Uniform Code
or Town Code, the code enforcement personnel shall issue a notice
of violation for the correction of any violations with a reasonable
time to cure. If the violation is not timely cured, code enforcement
personnel shall revoke any issued certificate of rental registry compliance
and shall deny any further application therefor. The code enforcement
personnel shall issue a written statement setting forth the reasons
for the denial or revocation.
E.
For purposes of renewal, no later than 30 days prior to the expiration
of a valid certificate of rental registry compliance, the owner shall
apply to the Town for a new certificate of rental registry compliance.
F.
Expiration of certificate of rental registry compliance. A certificate
of rental registry compliance issued pursuant to this chapter shall
expire three years after its issuance, or 30 days after the sale or
transfer of title of the real property comprising the rental dwelling
unit(s) unless the related rental registration information is properly
updated within that time, or immediately should the subject property
fail to be reregistered annually by September 15.
G.
Where a structure, building or real property comprising rental dwelling
unit(s) loses or otherwise has its certificate of occupancy revoked
for any reason, its associated certificate of rental registry compliance
issued per this chapter will immediately expire.
H.
Preexisting rental dwelling units. Rental units which are in existence
prior to the adoption of this chapter shall have 30 days to come into
compliance with this chapter, including obtaining registration.
I.
Liability for damages. Neither this section nor anything in this
chapter, including the granting of a certificate of rental registry
compliance, an approval inspection or a failure to inspect, shall
warranty the rental dwelling unit(s) or otherwise serve to impose
upon the Town of Henrietta liability for anything whatsoever related
to rental dwelling unit(s).
A.
Vacant units. When a rental dwelling unit certificate of rental registry
compliance has been denied, revoked, or expires, no further rental
and occupancy of dwelling units then vacant shall be permitted until
a rental dwelling unit certificate of rental registry compliance has
been issued.
B.
Occupied
units. In addition to other penalties under this chapter, when a rental
dwelling unit certificate of rental registry compliance has been denied
or revoked, code enforcement personnel shall provide notice to the
owner (or his agent or owner registrant contact) and occupant(s) of
the subject dwelling units which identifies the violations. Such notice
shall also provide that the occupants of the dwelling units shall
vacate the rental dwelling units within 60 days.
C.
Occupied units with an immediate hazard. In addition to other penalties
under this chapter, when a certificate of rental registry compliance
has been denied or revoked for reasons which, in the determination
of the Code Enforcement Officer, present violations of the Uniform
Code and/or Henrietta Town Code that create an imminent and immediate
hazard to the health and safety of the occupants, the dwelling units
containing such violations shall be vacated immediately or as soon
thereafter as is practicable. The Code Enforcement Officer's determination
shall be in writing and shall direct the owner (or his agent or owner
registrant contact) and occupant(s) of the dwelling units containing
such violations to vacate the premises within a period of time not
to exceed 30 days, as determined by the Code Enforcement Officer,
given the nature of the hazard, and shall identify the violations.
D.
Vacated dwelling units shall not be reoccupied until a certificate
of rental registry compliance has been issued.
E.
The notices set forth herein shall be mailed by first-class mail
or personally served upon the owner (or his agent or owner registrant
contact) by delivering the notice to a person of suitable age and
discretion at the address listed on the registration form. For the
occupants, such notice shall be mailed to the occupant at the dwelling
unit or posted conspicuously at the occupant's dwelling unit.
F.
Any aggrieved party may appeal the Code Enforcement Officer's determination
by filing an appeal within 30 days of said determination with the
Zoning Board of Appeals. Said appeal will not act to stay the proceedings
in furtherance of the action appealed from if the Code Enforcement
Officer files a statement with the Zoning Board of Appeals alleging
that a stay would cause imminent peril to life or property.
[Amended 9-27-2023 by L.L. No. 9-2023]
A.
The Town's Code Enforcement Officer or designee, and any peace officer
or police officer are authorized to enforce this chapter, including
via issuance of appearance tickets.
B.
Failure to comply with this chapter shall constitute a violation,
and, upon conviction thereof, shall be subject to a fine up to a maximum
amount of $375. Each day's continued violation shall constitute a
separate additional violation.
C.
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town, including but not limited to all rights by statute or common
law to enjoin, restrain or otherwise seek to remedy any violation
of this chapter.
