[HISTORY: Adopted by the Town Board of the Town of Kingston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-2012 by L.L. No. 3-2012]
A.
The purpose of this article is to establish a registry of all residential
rental property as defined herein, enabling the Town to identify persons
responsible for the care and management of such properties, which
will ensure the enforcement of local, state and federal regulations.
B.
The provisions of this article shall apply to all residential rental
property containing three residential units or more located in the
Town of Kingston as defined herein.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any structure having a roof, supported by columns or by walls
or self-supporting, and intended for the shelter, housing or enclosure
of persons, animals or chattel.
Any individual or individuals, partnership or corporation,
similar type of business organization or proprietary interest, whether
for profit or otherwise, in whose name title to a building is vested.
A building in which at least three dwelling units that are
leased or otherwise rented to tenants solely for residential purposes
are located.
A local responsible person over 21 years old, residing or
doing business in Ulster County, who shall be responsible for the
care and management of such property and is authorized by said owner
to accept legal process on behalf of the owner when the owner resides
or has its principal place of business outside of Ulster County.
A.
Registration. Every owner of residential rental property as defined
herein shall be required to register such property with the Town of
Kingston Building Department on such form or forms as prescribed by
the Building Department within a period of 60 days from notification
by the Building Department. A new form shall be filed whenever there
is a change of ownership, and it shall be the responsibility of the
new owner to see that such form is filed within a period of 60 days
from taking title to the property. It shall be the responsibility
of all owners of residential rental property as defined herein to
register such property with the Building Department, whether notified
to do so by the Building Department or not, within 60 days of acquiring
or establishing such rental unit.
B.
Registry fee. On or after the notification of the requirement of
this article by the Building Department, every owner or prospective
owner of residential rental property, as defined in this article,
shall be required to register said property with the Building Department
and pay a fee as set forth in the Schedule of Fees.
A.
It shall be the responsibility of the owner of each property which
is subject to the provisions of this article to file a registry application
within 60 days of the notification by the Building Department. The
form shall require the following information:
(1)
The property address, the section, block and lot number of the property
as stated on the Tax Map of the Town of Kingston, and the number of
residential dwelling units on each property.
(2)
The owner(s), owner mailing address and telephone number.
(3)
The name and names, titles, addresses and telephone numbers of any
responsible person(s) of the corporation, LLC, partnership or other
similar business entity if the ownership is held in a non-individual
capacity.
B.
The form shall be signed by the owner and his or her designee and
witnessed by a notary public and shall contain the following declaration:
"I certify that all information contained in this statement is true
and correct to the best of my knowledge and belief. I understand that
the willful making of any false statement of material fact herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and shall constitute a violation of this
article." It shall be the responsibility of each owner to timely notify
the Building Department whenever the information provided in this
form has become outdated or for any reason is no longer accurate.
It shall be the responsibility of each owner to recertify the aforementioned
information annually.
[1]
Editor's Note: The Landlord Registration Form is included
as an attachment to this article.
A.
The Building Department or its authorized designee shall make provisions
for inspections of each residential rental property which is subject
to the provisions of this article and shall notify each responsible
person of each residential rental property as to the time and place
of such inspection. The inspection shall be conducted every two years.
The inspection shall be conducted for the purpose of determining compliance
with all applicable rules and regulations concerning safety and maintenance
of said residential rental property, including the Town Code of the
Town of Kingston and all other such rules and regulations and laws
of the State of New York. 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 residential rental property into conformance with such report and/or to remedy within the time set forth therein shall constitute a violation of this article, it being expressly understood that this provision shall not constitute the exclusive remedy of the Town of Kingston but shall be an addition thereto.
A.
No residential rental property as defined herein shall be occupied
by any tenant without compliance with the provisions herein, and failure
to comply shall constitute a violation of the Code of the Town of
Kingston.
B.
A violation of this article shall constitute an unclassified misdemeanor,
and any person who shall violate any provision of this article, or
any person who shall knowingly assist therein, shall be liable to
a minimum fine of $250 and a maximum fine of $5,000 or imprisonment
not exceeding six months, or both such fine and imprisonment. Each
and every week that any such violation continues after 10 days following
notification that such violation exists shall constitute a separate
offense. Such initial notice of violation shall be written by the
Building Inspector or Code Enforcement Officer and shall be served
by mail or by personal service.
