[Adopted 1-22-2024 by L.L. No. 1-2024[1]]
[1]
Editor's Note: Former Article I, Rental Licenses, adopted
2-27-2017 by Ord. No. 3-2017, was repealed 1-22-2024 by Ord. No. 2-2024.
The City Council has determined that there exists in the City
of Newburgh a significant number of non-owner-occupied rental units.
Non-owner occupants are less able to maintain daily oversight of their
properties to ensure compliance with applicable laws, rules, and regulations.
The City Council finds that the registration of rental properties
is intended to and will ensure the protection of persons and property
in all existing rental structures and on all premises required to
be registered under this chapter. Further, the registration of rental
properties will ensure that rental property owners adhere to applicable
code provisions governing the use and maintenance of rental properties,
including provisions limiting the maximum occupancy for which a rental
property can be certified. It is the purpose of this chapter to protect
the health, safety, and welfare of the residents of the City of Newburgh,
as well as to protect the City's housing stock from deterioration
by establishing a program for registering and identifying residential
rental properties and for determining the responsibilities of owners
of residential rental properties.
As used in this article, the following terms shall have the
meanings indicated:
Any person who has charge, care, or control of a building,
or part thereof, in which rental dwelling units or rooming units are
let.
A combination of materials, whether portable or fixed, having
a roof to form a structure affording shelter for persons, animals,
or property.
The City of Newburgh Code of Ordinances and the New York
State Uniform Fire Prevention and Building Code.
A building used in whole or part for residential uses.
A single unit providing complete, independent, law-compliant
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
The Fire Chief, Code Compliance Supervisor, Building Inspector,
or other such official within the Fire Department or the Bureau of
Code Compliance as may be designated in writing.
Any individual or individuals, limited liability company,
partnership, or 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.
Each, any, and all such persons shall have a joint and severable obligation
for compliance with the provisions of this chapter.
A dwelling occupied by an individual owner or by members
of his or her family on a nonrental basis. For the purposes of this
chapter, "owner-occupied" shall not include any building owned by
a limited liability company, partnership, corporation, or: any similar
type of business organization, including, but not limited to, a mortgagee
or vendee in possession, assignee of rents, receiver, executor, .trustee,
lessee, or agent.
All buildings that contain a dwelling unit or a rooming unit
that is rented, leased, let, or hired out to be occupied for residential
or mixed use (commercial-residential) and are not owner-occupied.
Any furnished room for rent within a building and forming
a single sleeping space.
A person, not the legal owner of record, occupying or in
possession or control of a dwelling, dwelling unit or a rooming unit.
A.Â
The owner of any rental property as defined herein shall within 30 days after assuming ownership of a rental property submit a rental license application for such rental property with the municipal officer on forms provided for that purpose by the municipal officer along with any fees required by Chapter 163. Failure to receive notice from the municipality shall not constitute grounds for failing to register the property.
B.Â
Each rental property having a separate section block and lot number
shall be registered separately.
C.Â
The license rental application shall include the information required under § 240-4, as well as any additional information that the Municipal Officer may reasonably require.
D.Â
It shall be unlawful for any owner to offer any unit for rent or
to rent any dwelling unit or to allow any dwelling unit to be occupied
without having first received a rental license pursuant to this chapter
as required herein within the time prescribed for such registration.
Failure to receive notice of the rental license deadline will not
excuse failure to receive a rental license for a rental property.
It is the responsibility of the owner to fulfill the requirements
of this article.
E.Â
No initial rental license or a rental license renewal shall be issued until the Municipal Officer has determined that the property is in compliance with the Code. Such determination shall be based on an inspection as described in § 240-6, provided that if the owner does not consent to such inspection and no inspection has been performed pursuant to search warrant, the owner shall, in the alternative, submit a certification by a licensed professional engineer that the subject property is in compliance with said the Codes, and in which case such certification shall be made on form prescribed by the City of Newburgh Bureau of Code Compliance and reviewed by a Municipal Officer to determine compliance.
F.Â
If the rental license application is incomplete or the applicant
does not meet the requirements of the licensing process within 120
days of the submittal date, the application will be deemed canceled
and an owner shall be required to file a new application and pay a
new application fee.
H.Â
The Municipal Officer may establish for purposes of efficient administration
that all rental licenses shall be renewed by a single date in each
year. The Municipal Officer shall establish this date in which case
the initial rental license fee shall be prorated for applications
received less than 10 months prior to that date.
I.Â
The completed rental license application shall be deemed prima fade
proof of the statements therein contained in any administrative enforcement
proceeding or court proceeding instituted by the City against the
owner or owners of the building.
A.Â
A rental license application shall be made by the owner of rental
units or the owner's legally constituted agent on a form approved
and supplied by the City of Newburgh Office of Code Compliance. This
form shall be known as a "rental property statement" and shall be
signed by the owner under oath. The statement shall include:
(1)Â
The name(s), residence and business addresses, email addresses, telephone
numbers, and birth date(s) of the principal officers if the applicant
is an individual, or the business names, business addresses, email
addresses, telephone numbers, and name(s), residential addresses,
and birth date(s) of all principal officer(s) and/or member(s) if
the applicant is any business entity recognized by New York State
law. Where more than one natural person has an ownership interest,
the required information shall be included for each owner.
(2)Â
If the owner is not a natural person, the employer identification
number of the owner.
(3)Â
The name, street address, email address, and telephone number of
a natural person 21 years of age or older, designated by the owner
or owners as the authorized agent for receiving notices of code violations
and for receiving process in any court proceeding or administrative
enforcement proceeding on behalf of such owner or owners in connection
with the enforcement of any applicable code. The agent for service
of process must maintain offices or reside in the State of New York.
(4)Â
The name, street address, email address, and telephone numbers of
the firm or individual responsible for maintaining the property. The
individual or a representative of the firm responsible for maintaining
the property must maintain offices within 45 miles of the City and
shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis.
(5)Â
Name, address, and telephone number of vendee, if the dwelling is
being sold through a contract for deed.
(6)Â
A description of the premises, including street address, section
block and lot, and type of building.
(7)Â
Number of dwelling units within the dwelling.
(8)Â
Description of procedure through which tenant inquiries and complaints
are to be processed.
(9)Â
Status of utility fees, property taxes, and other assessments on
the dwelling and other rental real property in the City owned by the
applicant.
(10)Â
The number of tenants that reside in each dwelling unit within
the building.
(11)Â
Whether the owner consents to a municipal inspection pursuant to § 240-6 or whether the owner will provide a certification by a licensed professional engineer that the property is in compliance with the Code.
(12)Â
The City of Newburgh Bureau of Code Compliance may, in its discretion,
request additional information from time to time. The owner or authorized
agent must reply with such requested information within 14 days of
such request.
B.Â
The owner shall notify the Municipal Officer within 10 days of any change in the rental license information by filing an amended rental property statement on a form provided by the Municipal Officer for such purpose. Depending on the nature of changes, the City may require. consent to a new property inspection. Notice of transfer of ownership shall be as described in § 240-8.
A.Â
License fees as set forth in Chapter 163 of this Code shall be due 90 days prior to the license expiration date; in the cases of a new unlicensed dwelling, a change in a previously filed rental license application, or a new license that is required due to a change in ownership as set forth in § 240-8 below, rental license fees shall be due at the time of application.
C.Â
A delinquency penalty of 5% of the rental license fee for each day
of operation without a valid rental license shall be charged operators
of rental properties. Once issued, a rental license is nontransferable,
and the rental licensee shall not be entitled to a refund of any license
fee. Upon revocation or suspension, application withdrawal, an incomplete
application or process, or application cancellation, the fee is nonrefundable.
D.Â
All inspection fees are set in Chapter 163. If the inspection is being performed as part of the rental licensing process, fees must be paid prior to the time of rental license issuance or renewal for the property.
E.Â
If any fee or any portion is not paid within 60 days after billing,
the Comptroller may certify the unpaid cost against the property,
and the unpaid cost shall be added to and collected with the subsequent
City tax levy and shall bear interest and be enforced as provided
by law for City taxes.
F.Â
All funds collected from rental license fees under this section shall
be deposited in a dedicated trust fund to be used exclusively for
municipal activities with respect to vacant and problem properties
in the municipality, including, but not limited to: inspection, nuisance
abatement, securing and boarding, maintaining property information
systems, general code enforcement activities, and reasonable administrative
and legal costs associated with any of the foregoing.
A.Â
During regular business hours or in an emergency, the municipal officer
or his representative or any duly authorized City representative,
upon the showing of proper credentials and in the discharge of his
duties, may enter any building or rental unit within a building upon
consent of the owner or with a duly executed search warrant, to make
an inspection to determine whether there is any violation of the Code.
B.Â
At the request of the municipal officer, the Corporation Counsel
is authorized to make application to the City Court of the City of
Newburgh or 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 this
chapter. The municipal officer may seek a search warrant whenever
the owner, managing agent, or occupant 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 the
Code.
C.Â
The presence or existence of any of the following shall create a
rebuttable presumption that a dwelling unit is rented:
(1)Â
The property is occupied by someone other than the owner, and the
owner of the property represents, in writing or otherwise, to any
person or establishment, business, institution or government agency,
that he resides at an address other than the rental property.
(2)Â
Persons occupying the premises represent that they pay rent to the
owner of the premises.
(3)Â
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner.
(4)Â
Testimony by a witness that it is common knowledge in the community
that a person other than the record owner resides in the premises.
(5)Â
There is more than one mailbox at the premises.
(6)Â
There is more than one gas meter at the premises.
(7)Â
There is more than one electric meter at the premises.
(8)Â
There are separate entrances for segregated parts of the dwelling.
(9)Â
There are partitions or internal doors which may serve to bar access
between segregated portions of the dwelling, including, but not limited
to, bedrooms.
(10)Â
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among its owner(s)
and/or occupants and/or persons in possession thereof.
(11)Â
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all or part of the dwelling unit.
(12)Â
There exists two or more kitchens each containing one or more
of the following: a range, oven, hotplate, microwave or other similar
device customarily used for cooking or preparation of food and/or
a refrigerator.
D.Â
Nothing in this section, except for provisions containing emergency
inspections, shall be deemed to authorize the municipal officer or
representative to conduct an inspection of any premises subject to
this chapter without the consent of the owner or without a warrant
duly issued by a court of competent jurisdiction.
E.Â
Nothing in this section shall prevent the entry into a building or
dwelling unit by the municipal officer without the consent of the
owner or a search warrant in response to an emergency.
No rental license shall be issued or renewed unless the rental
property and its premises conform to the Code of Ordinances of Newburgh
and the laws of the State of New York.
No rental license shall be transferable to another person or
to another rental property. Every person holding a rental license
shall give notice, in writing, to the municipal officer within 10
business days after having legally transferred or otherwise disposed
of the legal control of any licensed rental property. Such notice
shall include the name and address of the person succeeding to the
ownership or control of such rental property.
A.Â
The rental license issued under this article shall contain the following
information:
(1)Â
The address, type of structure, and structure classification;
(2)Â
The date of inspection;
(3)Â
The date of issuance;
(4)Â
The expiration date;
(5)Â
Number of dwelling units;
(6)Â
A statement indicating whether the structure is equipped with a fire
alarm system;
(7)Â
A statement indicating whether the structure is equipped with a sprinkler
system;
(8)Â
Local contact information, including name, address, and phone number
for the owner or owner's designated representative;
(9)Â
The maximum number of permanent and/or temporary occupants permitted.
B.Â
Every licensee of a rental property with more than four units shall
conspicuously post the current rental license certificate in the main
entryway or other conspicuous location. For rental properties of four
or fewer units, the licensee must provide a copy of the rental license
certificate to each tenant by attaching a copy to the tenant's
copy of the executed lease agreement.
C.Â
The City's trash and refuse policies and procedures and alternate-side
street parking regulations shall be conspicuously posted in the main
entryway or other conspicuous location. For rental properties with
only one dwelling unit or with no common entryway, the owner must
provide a copy of these policies, procedures, and regulations with
the tenant's copy of the executed lease agreement.
A.Â
Every owner of a licensed rental property shall keep, or cause to
be kept, a current register of occupancy for each dwelling unit that
provides the following information:
(1)Â
Dwelling unit address.
(2)Â
Number of bedrooms in dwelling unit and the maximum number of occupants.
(3)Â
Legal names and date of birth of adult occupants and number of adults
and children (under 18 years of age) currently occupying the dwelling
units.
(4)Â
Dates renters occupied and vacated dwelling units:
(5)Â
A chronological list of complaints and requests for repair by dwelling
unit occupants, which complaints· and requests are related
to the provisions of this Code. of Ordinances.
(6)Â
A similar chronological list of all corrections made in response
to such requests and complaints,
B.Â
Such register shall be made available for viewing or copying by the
municipal officer at all reasonable times.
C.Â
The property owner may request a pre-rental inspection of a unit
prior to placing tenants and obtain a certificate of compliance stating
that the apartment is in compliance with the Code. The cost of this
inspection shall be included with license fee.
A.Â
No person shall institute or maintain an action for eviction because
the occupant has reported a violation of this law or any related provision
of the Code to the Code Compliance Bureau or other City employee.
B.Â
No person shall cause any service, facility, equipment or utility
required under this article to be removed, shut off or discontinued
in retaliation for a complaint.
The municipal officer may issue rules and regulations for the
administration of the provisions of this article.
A.Â
An owner who has fully met the requirements set forth in § 240-13B shall be designated as a "compliant landlord." The designation of "compliant landlord" shall be at the discretion of the municipal officer and is not a right that will vest at any time and may be subject to termination at the discretion of the City, municipal officer and in accordance with any changes in local, state or federal law.
B.Â
Qualifications to be a "compliant landlord:"
(2)Â
Owner must have been issued a rental license for all non-owner-occupied
dwellings owned and rented in the City of Newburgh; and
(3)Â
Owner must have no open cases with the Code Compliance Bureau or
Fire Prevention Bureau and no outstanding violations of the Code;
and
(4)Â
Owner must be current on all real property taxes, water, sewer and
sanitation bills on all properties owned in the City of Newburgh;
and
(5)Â
Owner must have no open abatement proceedings on any properties owned
in the City of Newburgh.
A.Â
The City of Newburgh shall have a choice of enforcing this chapter as provided in § 1-12 of the Code of Ordinances of the City of Newburgh by seeking civil penalties or by instituting a criminal proceeding or may choose to do both.
B.Â
A designated managing agent of an owner may be served with a notice
of violation, order to remedy, 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.Â
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
on his designated agent.
D.Â
Any owner who fails to register a rental property under the provisions
of this chapter shall be deemed to consent to receive, by posting
at the building, any and all notices of code violations and all process
in an administrative proceeding brought to enforce code provisions
concerning the building.
E.Â
The municipal official may revoke a rental license or approval issued
under the provisions of this chapter for any of the following reasons:
(1)Â
Any false statement or misrepresentation as to a material fact in
the application, plans or specifications on which the building permit
was based;
(2)Â
The rental license was issued in error and should not have been issued
in accordance with applicable law;
(3)Â
Failure to maintain the necessary requirements as outlined in this
chapter, or occurrence of unlawful activities at or about the premises;
(4)Â
Fighting or violent, tumultuous or threatening behavior by any occupant
of the premises;
(5)Â
Unreasonable noise from the premises on a regular basis;
(6)Â
Repeated calls to the police for disturbances and/or disputes at
the premises;
(7)Â
Obstruction of vehicular or pedestrian traffic due to vehicles from
or at the premises;
(8)Â
Hazardous or physically offensive conditions created by an act of
an occupant or owner of the premises; or
(9)Â
Existing violations on the premises of the Code; or
(10)Â
Condemnation of the building or after a fire resulting in structural
damage.
F.Â
Such revocation shall take place after notice to the applicant and
opportunity for the applicant to be heard by the municipal officer.
G.Â
No rental license shall be revoked where there is reasonable grounds
that the conduct for revocation as set forth in this subsection is
the result of domestic abuse, sexual assault, stalking and/or harassment.
A.Â
If the City of Newburgh chooses to enforce this chapter through a
criminal proceeding, any person who violates or fails to comply with
any provisions of this chapter or of the rules and regulations issued
hereunder or who violates or fails to comply with any order made thereunder
shall be fined up to $500 per day for each day the violation exists
and/or 30 days in jail.
B.Â
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense
and so subject the owner to an additional fine of up to $500 per day
for each day the violation exists and/or additional jail sentences
of up to 30. days in jail.
C.Â
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
D.Â
For purposes of this section, failure to file a rental property statement within 60 days of the effective date of this chapter or within 30 days after assuming ownership of the rental property, whichever is later, or within 10 days of receipt of notice by the municipality; failure to provide correct information on the rental property statement; and failure to comply with the provisions of §§ 240-3, 240-4, 240-5; 240-9 and 240-10 of this article or such matters as may be established· by the rules and regulations of the municipal officer shall be deemed to be violations of this article.
