[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 11-9-2015 by L.L. No.
12-2015. Amendments noted where applicable.]
A.
ACTION or PROCEEDING
BUILDING
IDENTIFICATION OF BUILDING
OWNER
PROCESS
RENTAL PROPERTY
As used in this chapter, these terms shall have the meanings indicated
as follows:
Any action or proceeding which may be instituted in the Justice
Court of the Village of Suffern or the County Court of the County
of Rockland or the Supreme Court of the County of Rockland or any
court of competent jurisdiction with an alleged violation of any law
of the Village of Suffern.
Any improved real property, residential or mixed-use (commercial-residential),
located within the Village of Suffern.
[Amended 9-5-2023 by L.L. No. 8-2023]
It is required that the house number be placed on the building
in a conspicuous place.
Any individual or individuals, partnership, limited-liability
corporation (LLC), corporation or any similar type of business organization,
whether for profit or otherwise, in whose name title to a building
stands, including a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee, agent or any other person,
firm or corporation directly or indirectly in control of the property.
[Amended 9-5-2023 by L.L.
No. 8-2023]
A summons, appearance ticket or any notice, mandate or any
other paper process issued under any provision of the Code of the
Village of Suffern or any law or regulation of the State of New York.
Includes all properties which are either rented, leased,
let or hired out to be occupied for residential or mixed use (commercial-residential).
[Amended 9-5-2023 by L.L.
No. 8-2023]
A.
The owner of a property constituting a rental property shall register
the same with the Village Clerk within 60 days of the effective date
of this article and annually during the month of January thereafter
on a form approved by the Village Clerk. This form shall be known
as a "landlord registration statement" which shall be signed by the
owner under oath.
[Amended 9-5-2023 by L.L. No. 8-2023; 11-20-2023 by L.L. No. 9-2023]
B.
It shall be unlawful for any owner to offer any unit for rent, or
to rent any unit, or to allow any rental unit to be occupied without
having first registered pursuant to this chapter as required herein
within the time prescribed for such registration and to have obtained
a permit therefor. Failure to receive notice of the registration deadline
will not excuse failure to register rental property. It is the owner's
responsibility to fulfill the requirements of this chapter.
A.
Every owner of a rental property as above defined shall file with
the Village Clerk, within 60 days after the adoption of this chapter,
a landlord registration statement on forms to be supplied by the Village
Clerk, containing the following:
[Amended 9-5-2023 by L.L. No. 8-2023; 11-20-2023 by L.L. No. 9-2023]
(1)
A description of the premises by street number and section, block
and lot number, including tax identification number.
(2)
The owner's name, residential address, and mailing address,
together with his/her business telephone number, home phone number,
cell phone number, fax number, as well as email address, or, if such
owner is a corporation or LLC, the name and address of such corporation
or LLC and the name, residence, business address, together with the
residence, business telephone numbers, cell phone numbers, fax numbers
and email addresses of all officers.
(3)
Proof of residency of each owner.
(4)
A description of the structure, including the number of rental dwelling
units or rooms let for rent in the structure.
(5)
A floor plan depicting the location, use and dimension of each room
situated within the dwelling unit.
(6)
The number of persons intended to be accommodated by, and to reside
in, each room of such rental dwelling unit.
(7)
A copy of the most recent deed and real property tax bill, confirming
the ownership of record of the dwelling unit.
(8)
Designation of a managing agent. In the event the owner does not
reside within 30 miles of the property, then the owner must designate
a managing agent. If a managing agent is required, then the owner
shall provide the following information to the Village Clerk: the
name, residence, business and email address and residence, business
and fax telephone numbers of a natural person, 18 years of age or
over, who actually resides within 30 miles of the property, and who
shall be designated by such owner as a managing agent responsible
for and in control of the maintenance and operation of such dwelling,
and who shall be designated as the person upon whom process may be
served on behalf of the owner. The managing agent and/or owner shall
keep a current record of all the tenants, and their names and addresses,
who are renting, leasing or living in the premises. There shall be
endorsed upon such statements a written consent to such designation
signed by such managing agent. An owner who is a natural person and
who meets the requirements of this subsection as to the location of
the residence or place of transacting business of a managing agent
may designate himself/herself as such managing agent.
(9)
Each application shall be executed by and sworn to under oath by
the owner of the dwelling unit.
(10)
The owner shall, at all times, keep this information updated,
and when there is a change in ownership, a change in the managing
agent, a change in tenant(s), or a change in any information set forth
on the registration form, the owner shall update the information by
amending the landlord registration statement within 15 days from the
date of any such change.
(11)
Any designation as managing agent made pursuant to the provisions
of this section shall remain in full force and effect until changed
or terminated as hereinafter provided.
B.
Upon completion and execution and submission of the landlord registration
statement as aforesaid, said registration shall be reviewed by the
Village Clerk or her designee for adequacy. Should the Village Clerk
and/or her designee determine that said application is incomplete,
defective or untruthful for any reason, said application shall be
marked "rejected" and returned to the filer with an explanation of
the reason(s) for rejection. A rejected application shall not be deemed
to comply with the following provisions of this article.
[Amended 11-20-2023 by L.L. No. 9-2023]
C.
It shall be the responsibility of each owner to timely notify the
Village Clerk whenever the information provided in the landlord registration
statement has become outdated or for any reason is no longer accurate.
[Amended 11-20-2023 by L.L. No. 9-2023]
D.
Where, after filing of any landlord registration statement in relation
to any rental property under the applicable provisions of this chapter,
the owner of such property shall have granted or transferred his/her
right, title or interest therein or in any part thereof, such owner
shall file with the Village Clerk within 15 days after such grant
or transfer a written statement which, under oath, shall contain the
name and residence, business addresses, business and home telephone,
cell phone numbers, fax numbers and email of the grantee, transferee
or other successor of such right, title or interest, or if such grantee,
transferee or successor is a corporation, the name and address of
such corporation, including the names of all officers, their addresses,
business and residence phone and cell numbers as well as email addresses
and fax numbers.
[Amended 11-20-2023 by L.L. No. 9-2023]
E.
Where, after the filing of any landlord registration statement with
the Village Clerk pursuant to the applicable provisions of this chapter,
any change other than a designation of a different managing agent
or a change of ownership or interest occurs in any name, residence
or any business address of a list of officers required to be included
in such statement, the owner, within 15 days after such change, shall
file in duplicate, on forms to be furnished by the Village Clerk,
a statement under oath setting forth the particulars of such change
so as to supply the information necessary to make currently correct
the last landlord registration statement filed pursuant to the applicable
provisions of this section.
[Amended 11-20-2023 by L.L. No. 9-2023]
F.
An owner may terminate such designation by filing with the Village
Clerk a sworn written statement designating a new managing agent made
in conformity with the provisions hereinabove cited.
[Amended 11-20-2023 by L.L. No. 9-2023]
G.
Any landlord registration statement or designation of a managing
agent required to be filed with the Village Clerk by any owner of
a rental property under the provisions of this section shall be signed
by such owner, or if such owner is a corporation, by an officer thereof,
or if such owner is a partnership, by a partner thereof, and said
statements must be sworn to under the penalties of perjury.
[Amended 11-20-2023 by L.L. No. 9-2023]
H.
In addition to the annual filing of an application for a rental occupancy
permit, a new application for a rental occupancy permit shall be filed
whenever the ownership of the property changes or a dwelling unit
or portion thereof has become vacant and the owner intends to permit
a new tenant or other person to take up residence. No additional fee
will be required if the owner is registering a change in tenancy only
under an existing valid rental occupancy permit.
[Amended 9-5-2023 by L.L. No. 8-2023]
I.
Any such landlord registration statement or designation of a managing
agent shall be deemed prima facie proof of the statement therein contained,
in any criminal or civil prosecution instituted by the Village of
Suffern or by any proper prosecutorial agency against the owner or
managing agent of a rental property.
A.
The Building Department or its authorized designee or agent shall
make provisions for inspections of each rental property which is subject
to the provisions of this chapter and shall notify each owner and/or
managing agent of each rental property as to the time and place of
such inspection. The inspection shall take place at a minimum of every
12 months. The inspection shall be for the purpose of determining
compliance with all applicable rules and regulations concerning safety
and maintenance of all rules and regulations applicable to said rental
property, including the Code of the Village of Suffern and all other
such rules and regulations and laws of the State of New York. The
owner and/or managing agent may refuse to allow inspections of any
dwelling unit contained in the rental property. In such event, the
Building Department may apply for a search warrant. In addition, the
Building Department may deny a permit with respect to any such property.
In addition, the owner and/or managing agent shall be obligated to
review with the Building Department and its designee or agent the
contents of the landlord registration statement to determine if all
said information is up-to-date, complete and accurate in all respects.
B.
Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation shall be remedied by the owner within the time stated in the report. Failure to bring any building and/or rental property into conformance with such report and/or to remedy within the time set forth therein shall constitute a violation of this chapter, it being expressly understood that this provision shall not constitute the exclusive remedy of the Village of Suffern, but shall be an addition thereto.
[Amended 11-20-2023 by L.L. No. 9-2023]
At the request of the Village Clerk or Building Department,
the Village Attorney or his deputy or designee is authorized to make
application to any 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 believed to be subject to the
registry jurisdiction of this chapter. The Village Clerk or Building
Department may seek a search warrant whenever the owner and/or managing
agent fails to allow inspections of any dwelling unit contained in
the rental property where there is a reasonable cause to believe that
there is a violation of this chapter or a violation of the New York
State Uniform Fire Prevention and Building Code or of any code of
the Village of Suffern.
Without limitation on any available remedy, the Village of Suffern
shall have a choice of enforcing this chapter by seeking civil penalties
or by instituting a criminal proceeding or may choose to do both.
A.
Criminal proceeding. A summons or appearance ticket for any violation
of this chapter may be served in the County of Rockland as defined
within the meaning of New York Criminal Procedure Law § 150.40.
In the event that the owner does not reside in the County of Rockland,
then the owner shall be obligated to designate a managing agent who
maintains a bona fide residence.
[Amended 9-5-2023 by L.L. No. 8-2023]
B.
A designating managing agent of an owner may be served with a notice
of violation, order of remedy, order of violation, an appearance ticket
or other service of process, whether criminal or civil, pursuant to
and subject to the provisions of law as if actually served upon the
owner.
C.
No owner who designates a managing agent pursuant to the provisions
of this chapter may assert the defense of lack of notice or lack of
in personam jurisdiction based solely upon the service of process
upon his designated agent.
A.
Service of papers and notice of violations shall be:
(1)
By delivering to and leaving a copy of the same with any person or
persons violating or who may be liable under any of the several provisions
of this chapter; and
(2)
By registered or certified mail to the most current address on file
in the landlord registration statement upon the owner and/or managing
agent; and
(3)
If none is on file, to the most current address in the Village Receiver
of Taxes Office by registered or certified mail to the owner and/or
managing agent; and if such person or persons cannot be served by
any of the aforesaid methods after diligent search shall have been
made for him/her or them, then such notice or order may be served
by posting the same in a conspicuous place upon the rental property
where such violation is alleged to exist, or to which such notice
may refer, or which may be deemed unsafe or dangerous, which shall
be the equivalent of personal service of said notice upon all parties,
including the owner and/or managing agent for whom such search shall
have been made; or
(4)
By any other method or service authorized pursuant to Article III
of CPLR.
B.
Notice by mail to owners residing out of state. If the person or
persons or any of them to whom said notice is directed do not reside
in the County of Rockland and have no known place of business therein,
the same may be served by delivering to or leaving with such person
or persons or either of them a copy of said notice; if said person
or persons cannot be found with a due-diligence search, then by posting
a copy of the same in a manner aforesaid and depositing a copy thereof
in a post office in the Village of Suffern, enclosed in a sealed wrapper
addressed to said person or persons at his/her last known place of
residence with the postage paid thereon, and said posting and mailing
a copy of said notice shall be equivalent to personal service of said
notice.
[Amended 9-5-2023 by L.L. No. 8-2023]
A.
Rental permits.
(1)
No rental property and/or building as defined herein shall be occupied
by anyone, including any tenants, without a valid rental permit.
(2)
In reviewing the application, the Village Clerk may refer the application
to the Building Department which shall have the right to inspect the
property for purposes of ensuring compliance with this chapter. The
results of such an inspection shall be promptly reported in writing
to the Village Clerk. If an inspection authorized herein is conducted,
the Village Clerk may use the results of such inspection in determining
whether to issue the permit, with or without conditions, or to not
issue the permit.
[Amended 11-20-2023 by L.L. No. 9-2023]
(3)
The Village Clerk shall issue such permit after receipt of a valid
landlord registration statement which complies with all of the requirements
set forth herein. In issuing a permit, the Village Clerk may impose
such reasonable conditions and restrictions as are directly related
to and incidental to the use of the property for residential rentals.
[Amended 11-20-2023 by L.L. No. 9-2023]
(4)
No rental permit shall be issued for any property for which a violation of the Zoning Law exists. In order to issue such permit, the Village Clerk must determine that adequate on-site parking is provided and that the parking area is improved in accordance with the provisions of the Zoning Law and to the satisfaction of the Village Clerk. Tenants and guests shall park in the off-street parking spaces and shall not park on any part of the lawn of the property nor on the public or private street. The property must, in the opinion of the Village Clerk, have sufficient off-street parking spaces improved in accordance with § 266-22 of the Zoning Law. The Village Clerk may seek the opinion of the Building Inspector or other officer, employee or consultant of the Village in order to review the adequacy of the on-site parking.
[Amended 11-20-2023 by L.L. No. 9-2023]
(5)
In addition, the Village Clerk may decline an application for any
of the following reasons:
[Amended 11-20-2023 by L.L. No. 9-2023]
(a)
If the application is incomplete or the documentation required
by this section or regulations adopted by the Village was not included
with the application.
(b)
If a previously issued permit to any of the owners of the property
had a permit revoked within the previous year.
(c)
If the affidavit from the owners or if an inspection conducted
by the Building Inspector, Enforcement Officer or Fire Inspector as
authorized in this section evidences that the subject property is
not in compliance with this section or any other provision of the
Village of Suffern Code.
(6)
Such
rental permit shall be valid for a period of one year from its issuance
or until such time as the owner or any new owner is required to file
a new landlord registration statement.
(7)
The
owner and/or managing agent must present the previous rental permit
at the time that the new landlord registration statement is submitted.
[Amended 11-20-2023 by L.L. No. 9-2023]
Any permit issued pursuant to this chapter may be revoked or
suspended by the Village Clerk after notice to the owner, setting
forth the basis for the suspension or revocation and an opportunity
for the owner to be heard upon a finding by the Village Clerk that
the requirements of this chapter or any conditions of said permit
have been violated or that the premises are not being maintained in
accordance with the requirements of any applicable law, rule or regulation.
Any person who claims to be aggrieved by any such suspension or revocation
may file with the Village Clerk a letter setting forth the basis for
his/her contention that the suspension or revocation is erroneous
within five days after receipt of any such notice of suspension or
revocation. The Board of Trustees shall promptly provide an opportunity
for the appellant to be heard, either in writing or in person, and
shall either affirm, reverse or modify the suspension or revocation.
[Amended 9-5-2023 by L.L. No. 8-2023]
Violations of this chapter will constitute an offense within
the meaning of the Penal Law of the State of New York, punishable
as provided for herein. In addition, a violation of any provision
of this chapter shall constitute a municipal infraction and will be
subject to applicable penalties under this chapter, and the Village
of Suffern may choose to enforce this chapter as a criminal or civil
matter, or both. Any owner who violates, disobeys, neglects or refuses
to comply with any of the terms of this chapter shall be subject to
a fine of not more than $10,000. Each week a violation continues shall
be deemed a separate offense and so subject the owner to an additional
fine of up to $10,000. In addition, if the Village of Suffern chooses
to proceed under this chapter as a criminal offense, the violation
of this chapter shall be subject to a fine of up to $10,000 and/or
up to 30 days in jail, it being understood that each week a violation
continues shall be deemed a separate offense subjecting the offender
to additional weekly fines of up to $10,000 and/or additional jail
sentences of up to 30 days.
