The Town of Clarkstown Board Members hereby finds that there
exist in the Town of Clarkstown serious conditions arising from the
rental of dwelling units that are substandard, inadequate in size,
overcrowded and/or dangerous and/or are in violation of local and
state law, and that the rental of such dwelling units poses a significant
threat to life, limb and property of residents of the Town of Clarkstown
and others, tends to promote and encourage deterioration of housing
within the Town, contributes to excessive vehicular traffic and parking
problems and overburdens and has a detrimental effect upon municipal
services. The Board finds the current Code provisions are inadequate
to adequately deter and/or eliminate the existence of such dwelling
units and that adequate legislation regulating these occupancies is
required to promote and preserve the public health, safety, welfare
and good order and governance of the Town. The enactment of the regulations
set forth in this article, which regulations are remedial in nature
and effect, shall have the effect of enhancing the public health safety,
welfare and good order to the Town of Clarkstown.
This article shall apply to all premises and rental dwelling
units within such premises located within the Town of Clarkstown,
whether or not the use and occupancy thereof shall be permitted under
the applicable use regulations for the zoning district in which such
rental dwelling unit is located.
The provisions of the article shall be deemed to supplement
applicable state and local laws, ordinances, codes and regulations.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the Town of Clarkstown, county or
state or existing requirements of any other provision of local law
or ordinance of the Town of Clarkstown or of the county or state;
in situations where there is a conflict between any provisions of
this article and any applicable state or local law, ordinance, code
or regulation, the more restrictive provision or requirement shall
prevail.
It shall be unlawful to occupy or permit to be occupied or to
assist in the occupancy of a dwelling unit where the number of occupants
exceeds the permitted number of occupants.
A. Presumptions of illegal occupancies in single- or one-family dwellings.
(1) In all civil and criminal prosecutions brought for the enforcement
of Code provisions with respect to illegal occupancies, there shall
be a rebuttable presumption that a single- or one-family dwelling
unit is occupied by more than one family if any two or more of the
following features are found to exist on the premises by the Code
Enforcement Official authorized to enforce or investigate violations
of the Code of the Town of Clarkstown or any laws, codes, rules and
regulations of the State of New York:
(a)
More than one mailbox, mail slot or post office address or any
combination thereof;
(b)
The number of doorways exceeds the number permitted by the original
site plans or any subsequent variances that may have been granted;
(d)
More than one electric meter;
(e)
More than one water meter;
(f)
More than one connecting line for cable television service or
cable line not authorized by the cable company to be split;
(g)
More than one antenna, dish antenna or related receiving equipment;
(h)
More than one telephone line;
(i)
Separate entrances for segregated parts of the dwelling unit,
including but not limited to bedrooms;
(j)
Partitions or internal doors with "key locks" which may serve
to bar access between segregated portions of the dwelling unit, including
but not limited to bedrooms;
(k)
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the dwelling unit among its owner(s)
and occupants;
(l)
The inability of any occupant to have lawful access to all parts
of the dwelling unit;
(m)
Two or more kitchens unless approved by the Building Department
and a certificate of occupancy granted;
(n)
Any entrance(s) which has not been set forth on any plans approved
by and on file with the Building Department;
(o)
Two or more motor vehicles parked on the dwelling lot registered
to persons with two or more different surnames; or
(2) There shall also be a rebuttable presumption of an illegal occupancy
if a portion of a one- or single-family dwelling has been advertised
or listed with any newspaper, magazine, local advertising publication,
or real estate broker or agent as being available for sale or rent,
or has been verbally advertised as being available for rent.
B. Presumptions of illegal occupancies in multiple-family dwellings.
(1) In all civil and criminal prosecutions brought for the enforcement
of Code provisions with respect to illegal occupancies, there shall
also be a rebuttable presumption that a multiple-family dwelling unit
is occupied by more than the permitted number of families if any two
or more of the following are found to exist on the premises by the
Code Enforcement Official authorized to enforce or investigate violations
of the Code of the Town of Clarkstown or any laws, codes, rules and
regulations of the State of New York:
(a)
The number of mailboxes, mail slots or post office addresses
exceeds the number of permitted families;
(b)
The number of doorbells or doorways exceeds the number of permitted
families;
(c)
The number of gas meters exceeds the number of permitted families;
(d)
The number of electric meters exceeds the number of permitted
families;
(e)
The number of connecting lines for cable television service
exceeds the number of permitted families;
(f)
The number of antennas, dish antennas or related receiving equipment
exceeds the number of permitted families;
(g)
The telephone lines exceed the number of permitted families;
(h)
The number of kitchens, each containing one or more of the following,
a refrigerator, sink and/or range, oven, hotplate, microwave or other
similar device customarily used for cooking or the preparation of
food, exceeds the number of permitted families;
(i)
The number of motor vehicles parked on the dwelling lot registered
to persons with different surnames exceeds the number of permitted
families;
(j)
The number of entrances for segregated parts of the dwelling
unit(s), including but not limited to bedrooms, exceeds the number
of permitted families;
(k)
Partitions or internal doors with "key locks" which may serve
to bar access between segregated portions of the dwelling unit(s),
including but not limited to bedrooms;
(l)
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the dwelling unit(s) among its owner(s)
and occupants;
(m)
The inability of any occupant to have lawful access to all parts
of the dwelling unit(s);
(n)
Entrance(s) which has not been set forth on any plans approved
by and on file with the Building Department.
(2) There shall also be a rebuttable presumption that a multiple-family
dwelling unit is occupied by more than the permitted number of families
if a portion of the multiple-family dwelling has been advertised or
listed with any newspaper, magazine, local advertising publication,
or real estate broker or agent as being available for sale or rent,
or has been verbally advertised as being available for rent.
C. Verified statement. If any two or more of the features set forth in Subsections
A(1) or
B(1) are found to exist on the premises by the Code Enforcement Official, the Code Enforcement Official may request that the owner of the building or dwelling provide a verified statement that the building or dwelling unit(s) is in compliance with all of the provisions of the Code of the Town of Clarkstown, the New York Building and Fire Code laws and sanitary and housing regulations of the County of Rockland and the laws of the State of New York. If the owner fails to submit such verified statement in writing to the Code Enforcement Official within 10 days of such request, such shall be deemed a violation of this article.
D. Owner's right to inspection and report upon demand. A person charged
with a violation of this article may demand an inspection by the Department
of Buildings of the subject premises to rebut any of the presumptions
hereunder. Such demand shall be in writing addressed to the Building
Inspector or Code Enforcement Officer. The Building Inspector shall
prepare a report of the finding of the inspection together with photographs,
if appropriate.
E. Presumptive evidence dwelling unit is rented. The presence or existence
of any of the following shall create a presumption that a dwelling
unit is rented:
(1) The dwelling unit is occupied by someone other than the owner and
the owner of the dwelling unit represents, in writing or otherwise,
to any person, establishment, business, institution or government
agency that he resides at an address other than the dwelling unit
in question.
(2) Persons residing in the dwelling unit represent that they pay rent
to the owner of the premises.
(3) Utilities, cable, telephone or other services are in place or are
requested to be installed or used at the dwelling unit in the name
of someone other than the owner.
(4) Testimony by a witness that it is common knowledge in the community
that a person other than the owner resides in the dwelling unit.
F. Presumptions rebuttable by conclusive evidence. Any and all of the
presumptions raised by proof of the existence of any such conditions
as set forth in this article may be rebutted but only by conclusive
evidence that such conditions do not, in fact, exist or that such
conditions or the dwelling unit or the occupancy thereof, in fact,
complies with the Code.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, then the property covered by this article will be assessed
for the unpaid penalties and shall be collected in the same manner
and time as Town taxes.