[Amended 9-20-2022 by L.L. No. 19-2022]
The intent of this chapter is to attempt to protect the bucolic
nature of the Village and the peace and quiet of its residents from
unreasonable noise and traffic, and to provide that all rental dwelling
units are safe, that necessary information is provided to the Village
for essential communications between emergency responders and tenants
in the event of an emergency, to prevent illegal rentals, and to prohibit
the rental of accessory facilities or other portions of the premises
separate and apart from the dwelling itself.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY FACILITIES
Accessory structures such as, but not limited to, swimming
pools, tennis courts, basketball and other sports courts, garages,
guest houses, and the vacant grounds of the premises, or, as to a
vacant lot, all or any part of the premises.
[Added 9-20-2022 by L.L. No. 19-2022]
DWELLING UNIT
A building within the Village, or part of such building,
occupied or to be occupied by one or more persons as a residence.
Such residence does not have to be the occupier's sole residence.
OWNER
A.
The grantee of the property as set forth in the last deed of
record on file with the Clerk of the County of Nassau, every partner
of any grantee that is partnership, company, or firm, and every officer
of any grantee that is a corporation, except:
(1)
A public housing authority organized as such under the laws
of the State of New York;
(2)
A not-for-profit corporation organized to own and operate a
group home or assisted-living or moderate-income senior-citizen housing
in conjunction with New York State; and
(3)
A state-, county- or village-operated group home or treatment
facility.
B.
A tenant in relation to its subtenant.
RENT
A return, in money, property, or other valuable consideration
(including payment in kind or services or other thing of value), for
use and/or occupancy or the right to the use and/or occupancy of a
dwelling unit, whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
as a dwelling unit under an arrangement whereby the occupant or occupants
thereof pay rent for such occupancy and use. There is a rebuttable
presumption that any occupancy or use of a dwelling unit is a rental
occupancy if the owner of the building containing the dwelling unit
does not reside in the same building.
SUPERINTENDENT
The Superintendent of the Building Department or his or her
designee.
[Amended 9-20-2022 by L.L. No. 19-2022]
A. This chapter shall apply to all rentals of property not used by the
United States government or a department thereof, a public school
district, or a special district of the Town of North Hempstead.
B. The issuance of any permit pursuant to this chapter does not make
legal any use that is otherwise illegal under any other applicable
law.
C. Rentals may only be made to one or more individuals who compromise all or a part of the family, as "family" is defined in §
161-3 of this chapter, which will be occupying the premises during the rental period.
D. No rental permit shall be for less than one consecutive thirty-day
period and, if there are nonconsecutive periods, each period shall
be for not less than thirty consecutive days.
E. No rental permit shall be for the use of a premises that is not improved
with a legal family dwelling.
F. No rental permit shall be for the use of one or more accessory facilities
if it does not include the dwelling.
G. In the event that this section causes a severe and substantial financial
hardship to any property owner, an application may be made in writing
to the Board of Trustees requesting an exemption from the provisions
of this section. After due notice to all property owners within 800
feet of the subject premises and a public hearing on such application,
the Board of Trustees may grant such exemption and impose any conditions
as may be deemed reasonable or necessary. No exemption shall be granted
pursuant to this section, except upon a determination in the sole
discretion of the Board of Trustees that severe and substantial financial
hardship exists as a result of the application of the provisions of
this section and the granting of the application will not have a significant
adverse impact on the surrounding properties.
It shall be unlawful for the owner, owner's agent, real estate
agent, or any other person with actual or apparent authority over
any dwelling unit to allow, permit, suffer, or tolerate the rental
of such dwelling unit without having first obtained a rental occupancy
permit pursuant to this chapter.
A nonrefundable permit application fee for each dwelling unit
shall be set from time to time by resolution of the Board of Trustees.
The Superintendent shall review each application for completeness
and the legality of the proposed rental and, upon satisfaction of
the completeness of the application, the legality of the rental, the
payment of the required fee, and confirming that there is a legal
certificate of occupancy for the proposed rental and that there are
no outstanding violations on the property, whether or not a notice
of notice of violation or a notice of appearance to the Village Justice
Court has been issued, the Superintendent shall issue the permit.
All permits issued pursuant to this chapter shall be valid for
a period of two years from the date of issuance.
It shall be unlawful for any real estate broker or agent to
list, show, or otherwise offer for rent any dwelling unit for which
a current rental occupancy permit has not been issued by the Superintendent.
It shall be both the broker and the agent's responsibility to verify
the existence of a current rental occupancy permit before offering
any dwelling unit for rental. In the event that a real estate broker
and/or agent is convicted of a violation of this section, the Superintendent
shall transmit a record of such conviction to the Division of Licensing
Services of the Department of State and to make complaint thereto
against such real estate broker and/or agent on behalf of the Village.
No person shall solicit, advertise, cause, permit, and/or allow
another person to solicit, advertise, or publish an offer to lease
a rental dwelling unit, unless the rental dwelling has in effect a
current rental occupancy permit.
If any clause, sentence, paragraph, subdivision, section, or
other part of this chapter shall be for any reason adjudged by any
court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect, impair, or invalidate the
remainder of this chapter, and it shall be construed to have been
the legislative intent to enact this chapter without such unconstitutional
and/or invalid parts therein.