The provisions of this article shall supplement local laws,
ordinances, codes or regulations. Where a provision of this article
is found to be in conflict with any provision of a local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or which establishes the higher standard shall prevail.
As used in this article, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
The Commissioner of Buildings or the Commissioner of Public
Safety of the Town of North Hempstead or their delegates or assistants.
DWELLING UNIT
A living unit containing one or more habitable rooms with
provisions for living, cooking, eating, sanitary and sleeping facilities
arranged for the use of one family.
ILLEGAL CONVERSION
A change in the use of any room or rooms or space or spaces,
whether or not any construction takes place, to create dwelling units
or rooming units, without a permit from the Building Department and
for which no certificate of occupancy or certificate of existing use
exists.
NONHABITABLE ROOM
Rooms within a dwelling such as bathrooms, water-closet compartments,
laundries, serving and storage pantries, corridors, cellars and similar
spaces that are not used frequently or during extended periods.
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry,
dressing, locker, storage, utility, heater and boiler rooms, cellars,
garages, closets, and other spaces for service and maintenance of
the building and those spaces used for access and vertical travel
between stories.
OCCUPYING
Using a room or rooms or space or spaces for a specific purpose,
including but not limited to sleeping. There shall be a rebuttable
presumption that any room or rooms or space or spaces which have within
them an assembled bed or daybed or mattress or convertible sofa or
other convertible furniture or other sleeping provisions is occupied
and used for sleeping purposes.
OWNER
A.
Owner, lessee, agent or other person in control of a dwelling
unit or rooming unit or any other person or persons or entity or entities
having the right to possession of a dwelling unit or rooming unit,
except:
(1)
A public housing authority organized as such under the laws
of the State of New York;
(2)
A cooperative corporation whose offering statement or prospectus
has been accepted by the New York State Attorney General for filing
under General Business Law § 352-e; and
(3)
A not-for-profit corporation organized to own and operate a
low-income or moderate-income senior-citizen housing project in conjunction
with the New York State Division of Housing and Community Renewal.
B.
Under this definition, a tenant can be an "owner" in relation
to a subtenant.
PERMIT THE OCCUPANCY AND USE
Allowing a person or persons to utilize a room or rooms,
space or spaces for a specific purpose, including but not limited
to sleeping. An owner of any premises shall be responsible for and
chargeable with knowledge of the utilization of any room or rooms
or space or spaces within any premises under his/her ownership/control.
RENT
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 the use and occupancy of a dwelling
unit or rooming unit, whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants
thereof.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied by one or more persons as a home
or residence for sleeping or living, but not for cooking purposes.
There shall be a rebuttable presumption that any room, which shall
have a door-locking device commonly called a "Yale lock" or similar
device added in the door, is intended as a rooming unit.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner who owns a dwelling unit in the Town to establish, maintain,
use, let, lease, rent or suffer or permit the occupancy and use of
any room or space or dwelling unit or rooming unit for which rent
is sought or paid and has been created by means of an illegal conversion.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner who owns a dwelling unit in the Town to establish, maintain,
use, let, lease, rent or suffer or permit the occupancy and use of
any room or space or dwelling unit or rooming unit for which rent
is sought or paid and has been created in a nonhabitable room or nonhabitable
space.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner who owns a dwelling unit in the Town to establish, maintain,
use, let, lease, rent or suffer or permit the occupancy and use of
any room or space or dwelling unit or rooming unit for which rent
is sought or paid and creates more dwelling units or rooming units
than permitted by the certificate of occupancy or certificate of existing
use for said property.
The Code Enforcement Officer is authorized to make application
to the District Court of Nassau County or other court of competent
jurisdiction for the issuance of a search warrant, to be executed
by a police officer, in order to conduct an inspection of any premises
covered by this article where the owner or occupant refuses or fails,
after due notice by certified mail, to allow an inspection of the
dwelling unit, rooming unit or premises and where there is reasonable
cause to believe that a violation of this article or a violation of
the Multiple Residence Law, the New York State Uniform Fire Prevention
and Building Code, the Nassau County Fire Prevention Ordinance or
the Town Code has occurred. The application for a search warrant shall,
in all respects, comply with applicable laws of the State of New York.
Upon any person, association, firm or corporation being charged
with a violation of this article, the Town Attorney or his/her designee
shall forward a record of such allegation to the Nassau County Department
of Assessment for review and assessment.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
said judgment.