[HISTORY: Adopted by the Board of Trustees of the Village
of Valley Stream 7-25-2016 by L.L.
No. 2-2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, individual, association, entity or corporation
whose name is listed as grantee on the last deed of record for the
property, as recorded with the Nassau County Clerk.
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
Promulgation of an available rental property to the general
public or to selected segments of the general public, in a newspaper,
magazine, flyer, handbill, mailed circular, bulletin board, sign or
electronic media.
A permit which is to be issued to the owner of the rental
property where such dwelling unit has been the subject of a rental
continuously prior to the date of the application for the permit.
A return, in money, property or other valuable consideration
(including payout in kind or services or other thing of value), for
the use and occupancy or the right to the use and occupancy of a rental
property, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
A permit issued by the Superintendent of Buildings Department
issued to the owner to allow the use or occupancy of a rental property.
A dwelling unit which is occupied for habitation as a residence
by persons, other than the owner or the owner's immediate family,
and for which rent is received by the owner, directly or indirectly,
in exchange for such residential occupation. For purposes of this
chapter, the term "rental property" shall mean all non-owner-occupied
single-family residences, two-family residences, and townhouses, and
shall exclude:
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
Any legally operating commercial hotel/motel business or bed-and-breakfast
establishment operating exclusively and catering to transient clientele,
that is, customers who customarily reside at these establishments
for short durations for the purpose of vacationing, travel, business,
recreational activities, conventions, emergencies and other activities
that are customary to a commercial hotel/motel business.
A.
Scope. This chapter shall apply to all rental properties located
within the Village of Valley Stream, whether or not the use and occupancy
thereof shall be permitted under the applicable use regulations for
the zoning district in which such rental property is located.
B.
Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village of Valley Stream, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation. For the purposes of the issuance of appearance tickets pursuant to the New York State Criminal Procedure Law, Village of Valley Stream § 99-3201 and Village Code Chapter 5, Appearance Tickets, a violation of this chapter shall be deemed a violation of the Village of Valley Stream Building Code.
C.
The name of the tenant, date of birth of the owner(s), and the telephone
number of the owner(s) information provided in an application for
a rental permit under this chapter shall be deemed personal and private
in nature, and the release or disclosure of said information pursuant
to public request shall be deemed to constitute an unwarranted invasion
of personal privacy under New York State Public Officers Law, Article
6, §§ 84 through 90, and shall not be authorized without
court order.
A.
All permits issued by the Superintendent of Buildings Department
pursuant to this chapter shall be valid for a period of two years
from the date of issuance.
B.
A renewal rental permit application signed by the owner shall be
completed and filed with the Superintendent of Buildings Department
before the expiration of any valid rental permit. The renewal rental
permit application shall contain the following:
(1)
An official copy of the prior valid rental permit;
(2)
A signed and sworn affidavit by the owner affirming that the rental
property, to the best of his/her knowledge, fully complies with all
of the provisions of the Code of the Village of Valley Stream and
the New York State Uniform Fire Prevention and Building Code, that
the structure has not been physically altered in any way, except in
full conformance with a valid building permit, and the owner is not
aware of the property being in violation of the Code of the Village
of Valley Stream or the New York State Uniform Fire Prevention and
Building Code.
C.
In the
event of a change in tenancy occurring during a permit term, the owner
shall notify the Superintendent of Buildings Department, in writing,
and within 30 days of the change of the identity of the new tenants.
D.
Permit application.
(1)
Where a dwelling unit is to be used as a rental property, an application
for a rental permit shall be filed with the Superintendent of Buildings
Department before the term of the rental is to commence.
(a)
The owner of a rental property who fails to comply with the requirements of § 46A-2 shall file an appropriate rental application documents within 30 days of the receipt of actual notice of said failure to comply. Actual notice shall include, but not be limited to, the issuance of a summons or notice of violation and/or written notice from any Village of Valley Stream official, including, but not limited to, enforcement officials.
(2)
The application shall contain the following:
(a)
The name, date of birth, telephone number and address of the
owner(s).
[1]
Proof of the legal residence of each owner;
[2]
In the event that the owner of the rental property is a corporation,
partnership, limited liability company, or other business entity,
the name, proof of legal residence, and telephone number of each owner,
officer, principal shareholder, partner and/or member of such business
entity shall be provided;
[3]
A copy of the last deed of record for the rental property, as
recorded with the Nassau County Clerk, confirming the ownership of
record of the rental property.
(b)
The name, address and telephone number of the managing agent,
if applicable.
(c)
A writing, promulgated by the Village Clerk, executed by the
owner(s) of the rental property, which designates either:
[1]
A person, firm or corporation with an actual place of business,
dwelling place, or usual place of abode located within the boundaries
of the Village of Valley Stream; or
[2]
The Clerk of the Village of Valley Stream as agent for service
for criminal and civil process pursuant to CPLR Section 318. Every
owner shall ensure that the address for delivery of such process is
current and shall advise the Village Clerk whenever the address is
changed. The designated agent, upon receipt of service of process
under this designation shall forthwith transmit by regular and certified
mail to the owner(s) of the rental property at the address included
on the owner(s) application.
(d)
The location of the rental property, including the street address
and the Nassau County Tax Map parcel number.
(e)
The number of tenants intended to occupy the rental property.
(f)
The period of the proposed occupancy.
(g)
A floor plan depicting the location and size of each conventional
bedroom.
(h)
A copy of the certificate of occupancy or preexisting certification
of occupancy for the rental property.
(i)
Written certification from a licensed architect or licensed
engineer that states that the rental property fully complies with
all of the provisions of the Code of the Village of Valley Stream.
The certification shall include, but not be limited to, the number
of each bedroom, the square footage of each bedroom, and a description
of every improvement indicated on the survey. In lieu of the provision
of a certification, an inspection may be conducted by the Superintendent
of Buildings Department.
(3)
The owner(s) of the premises and the managing agent, if applicable,
shall submit an application that is signed, sworn to and notarized.
The Superintendent of Buildings Department shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental property unless the owner has elected to provide a certification from a licensed architect or a licensed engineer pursuant to § 46A-3. The Superintendent of Buildings Department shall not issue a rental permit, unless the application includes all of the requisite information and documents enumerated in § 46A-3. If satisfied that the proposed rental property fully complies with the New York State Uniform Fire Prevention and Building Code and the Code of the Village of Valley Stream and that such rental property would not create a nuisance to an adjoining nearby property, the Superintendent of Buildings Department shall issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code and the Village of Valley Stream in existence at the premises.
It shall be the duty of the Superintendent of Buildings Department
to maintain a register of permits issued pursuant to this chapter.
Such register shall be kept by street address, showing the name and
address of the permittee, the number of rooms in the rental property,
and the date of expiration of the rental permit.
A.
The nonrefundable biennial rental permit application fee, in the
amount of $400, shall be paid upon the filing of an application for
a rental permit or a renewal rental permit.
B.
The nonrefundable biennial rental permit application fee shall be
$200 if the owner of a rental property qualifies for any of the following
real property tax exemptions at his or her primary residence located
in the Village of Valley Stream.
C.
The nonrefundable biennial rental permit application fee shall be
$100 if the owner of a rental property submits a sworn affidavit affirming
that the rental property will be leased to any active member of a
volunteer fire department or ambulance corps and/or is qualified for
a volunteer firefighters and ambulance workers real property tax exemption.
D.
The nonrefundable biennial rental permit application fee shall be $150 if the owner of a rental property elects to provide a written certification from a licensed architect or licensed engineer that states that the rental property fully complies with all of the provisions of § 46A-3 of the Code of the Village of Valley Stream.
E.
If an owner of a rental property is found by any court of competent
jurisdiction to have violated this chapter, the nonrefundable biennial
rental permit application fee will be $500.
A.
Basis for denial. Any application for a rental permit, including the renewal or transfer of a permit, can be denied for the reasons set forth in § 46A-8. In the event an application is denied, notice of denial shall be given, in writing, and served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the notice is returned by the post office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be valid.
B.
Notice of denial. The notice of denial shall set forth the grounds
therefor and contain a statement that the applicant may appeal such
denial by filing a written request for an appeal thereof with the
Clerk, Zoning Board of Appeals within 30 days of receipt of the notice
of denial, together with payment of $100 to cover the costs of processing
the appeal. The notice shall also contain a statement that the applicant
may submit written objections to the denial, and any other information
the applicant deems advisable or necessary.
A.
No rental property shall be occupied by more than the number of persons
permitted to occupy the dwelling unit under § 404 of the
Property Maintenance Code of the New York State Uniform fire Prevention
and Building Code.
B.
A transient rental is prohibited.
C.
The leasing occupancy or use by a tenant of less than the entire
rental property is prohibited.
D.
The owner(s) and tenant(s) shall ensure that all applicable parking
regulations provided for in the Code of the Village of Valley Stream
are satisfied.
E.
A rental property shall only be occupied or otherwise utilized in
accordance with the certificate of occupancy issued for the dwelling
unit.
The Superintendent of Buildings Department and Village of Valley
Stream personnel who are engaged in the enforcement of the provisions
of this chapter are authorized to make or cause to be made inspections
to determine the conditions of rental properties to safeguard the
health, safety, and welfare of the public. The Superintendent of Buildings
Department and Village of Valley Stream personnel who are engaged
in the enforcement of the provisions of this chapter are authorized
to enter upon any rental property, with the consent of the owner or
managing agent if the rental property is unoccupied or upon consent
of the occupant if the rental property is occupied.
The Superintendent of Buildings Department and Village of Valley
Stream personnel who are engaged in the enforcement of the provisions
of this chapter are authorized to make application for the issuance
of a search warrant in order to conduct an inspection of any rental
property where the owner or tenant refuses or fails to allow an inspection
of its premises and where there is reasonable cause to believe that
a violation of this chapter has occurred. The application for a search
warrant shall in all respects comply with the applicable laws of the
State of New York.
A.
The Superintendent of Buildings Department authority shall revoke
a rental permit when he or she finds that the permit holder has caused,
permitted or allowed to exist and remain upon the rental property
a violation of any provision of the Code of the Village of Valley
Stream for a period of 14 days or more after written notice has been
given to the permit holder, managing agent, or tenant of such rental
property.
B.
An appeal from such revocation may be taken by the permit holder
to the Zoning Board of Appeals, by written request, made within 30
days from the date of such revocation. The Zoning Board of Appeals
Review Board shall hold a public hearing on such appeal within 30
days after receipt of written notice of such appeal and, after such
hearing, shall make written findings and a decision either sustaining
such permit revocation or reinstating such permit within 30 days after
close of such public hearing.
The following shall be conditions precedent to the collection
of rent for the use and occupancy of a rental property.
A.
The presence or existence of any of the following shall create a
presumption that a dwelling unit is being used as a rental property:
(1)
The property is occupied by someone other than the owner or his/her
immediate family;
(2)
Voter registration, motor vehicle registration, a driver's license,
or any other document filed with a public or private entity which
states that the owner of the rental property resides at an address
other than the rental property.
(3)
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)
Persons residing in the dwelling unit represent that they pay rent
to occupy the premises;
(5)
A dwelling unit which has been published as being available for rent;
B.
The foregoing may be rebutted by evidence presented to the Superintendent
of Buildings Department or any court of competent jurisdiction.
A.
It shall be presumed 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:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one gas meter;
(3)
More than one electric meter annexed to the exterior of the premises;
(4)
More than one doorbell or doorway on the same side of the dwelling
unit;
(5)
More than one connecting line for cable television service;
(6)
More than one antenna, satellite dish, or related receiving equipment;
(7)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(8)
There are more than three waste receptacles, cans, containers, bags
or boxes containing waste from the premises placed for pickup at least
twice during a weekly garbage pickup area;
(9)
There are separate entrances for segregated parts of the dwelling;
(10)
There are partitions or internal doors which may serve to bar
access between segregated portions of the dwelling, including, but
not limited to, bedrooms;
(11)
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among the owner
and/or occupants and/or persons in possession thereof;
(12)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(13)
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;
(14)
There are bedrooms that are separately locked.
B.
If any two or more of the features set forth in Subsection A(1) through (14) are found to exist on the premises by the Superintendent of Buildings Department or Village of Valley Stream personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the Superintendent of Buildings Department that the dwelling unit is in compliance with all of the regulations of the County of Nassau and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the Superintendent of Buildings Department within 10 days of such request, such shall be deemed a violation of this chapter.
A.
It shall be presumed that an owner of a rental property does not
reside within said rental property if any of the following sets forth
an address other than that of the rental property:
B.
The foregoing may be rebutted by evidence presented to the Superintendent
of Buildings Department or any court of competent jurisdiction.
A.
A violation of this chapter by the owner(s) and/or tenant(s) shall
be punishable by civil fine, or penalty, as follows: Any person who
shall violate any provision of this chapter or who shall use any land,
property, or structure in violation of any statement or plan submitted
and approved hereunder in violation of any of the provisions of this
chapter, or who shall knowingly assist therein, shall be subject to
a fine not exceeding up to $2,000 for the first offense, up to $3,000
for the second offense, and up to $3,000 for each separate and subsequent
offense or 15 days in jail, or both. Each week's offense shall
be deemed a separate offense, except that after more than two offenses,
each day's offense may be deemed a separate offense. In addition
to the foregoing provisions, the Village Board may impose such other
remedies for any violation or threatened violation of this chapter
as may be provided by law.
B.
Additionally, in lieu of imposing the fines authorized in accordance
with Penal Law, the court may sentence the defendant(s) to pay an
amount, fixed by the court, no less than the applicable minimum statutory
fine permitted nor more than double the amount of the rent collected
over the term of the occupancy.
C.
The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant had cooperated with the Village
of Valley Stream in the investigation and prosecution of a violation
of this chapter. Factors which the court may consider include, but
are not limited to, a report from the office of the Village of Valley
Stream Attorney confirming that the defendant did in fact cooperate
and whether:
(1)
The defendant reported the violation(s) to the Village of Valley
Stream;
(2)
The defendant assisted the Village of Valley Stream in investigating
and prosecuting the violation(s);
(3)
The defendant provided access to the rental property;
(4)
The defendant promptly pursued his/her/its own rights under the lease
to remedy the violation or adequately pursued an eviction proceeding;
(5)
All violations existing at the rental property have been promptly
remediated.
D.
Where authorized by a duly adopted resolution of the Village of Valley
Stream, the Village of Valley Stream Attorney may bring and maintain
a civil proceeding in the name of the Village of Valley Stream, in
the Supreme Court, to permanently enjoin the person or persons conducting,
maintaining or permitting said violation. The owner and tenants of
the residence wherein the violation is conducted, maintained or permitted
may be made defendants in the action.
(1)
If a finding is made by a court of competent jurisdiction that the
defendants or any of them has caused, permitted, or allowed a violation
of this chapter, a penalty to be jointly and severally included in
the judgment may be awarded at the discretion of the court in an amount
not to exceed $1,000 for each day it is found that the defendants
or any one of them individually caused, permitted or allowed the violation.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.
This chapter shall take effect immediately upon filing with
the Secretary of the State of New York.
