As used in this chapter, the following terms shall have the
meanings indicated:
OWNER
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.
PERSON
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
PUBLISH
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.
RENEWAL RENTAL PERMIT
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.
RENT
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.
RENTAL PERMIT
A permit issued by the Superintendent of Buildings Department
issued to the owner to allow the use or occupancy of a rental property.
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:
A.
A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with Village Code Chapter
99, Zoning, at §
99-2101;
B.
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
C.
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.
TENANT
A.
An individual who leases, uses or occupies a rental property.
B.
Transient rental includes:
(1)
Boarder, as defined in Chapter
99, Zoning, at §
99-202;
(2)
Rental of property in whole or in part for a period of less
than six months.
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.
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.
The following shall be conditions precedent to the collection
of rent for the use and occupancy of a rental property.
A. The existence of a valid rental permit for the rental property.
B. The tendering of a written receipt in exchange for any rent payment
offered in cash.
The presumptions set forth in §§
46A-14 and
46A-15, subject to the limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Village of Valley Stream Code violations.
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.