[HISTORY: Adopted by the Town Board of the Town of Cheektowaga
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2018 by L.L. No. 3-2018[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Licensing of Landlords, adopted 3-4-2013 by L.L. No. 1-2013,
as amended.
The purpose of this article is to establish a procedure and
standards for the identification and registration of rental properties
and unoccupied properties to ensure that the Town of Cheektowaga has
a meaningful, efficient and effective means of communicating with
those persons and companies who own rental properties and unoccupied
properties. This article is to protect the public health, safety and
general welfare of the people and to alleviate conditions of substandard
housing, including slums and blight.
As used in this article, the following terms shall have the
meanings indicated:
Any improved real property, residential or mixed use (commercial-residential),
located within the Town of Cheektowaga, that is non-owner-occupied
or is improved and unoccupied.
Whenever a tenant shall move from, vacate or quit, willingly
or otherwise, or express the firm intent to vacate or quit a rental
unit.
All state and local laws, codes, ordinances, rules and regulations
for the establishment and maintenance of housing standards.
Any individual or individuals, partnership or corporation
or any similar type 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.
A form created by the Town of Cheektowaga and issued to the
owner of rental property or unoccupied property once the property
owner registration statement has been received by the Town of Cheektowaga,
reviewed and deemed complete.
A form created by the Town of Cheektowaga and distributed
to the owner of rental property and unoccupied property in accordance
with standards and requirements set forth in this article.
Includes all properties which are either rented, leased,
let or hired out to be occupied for residential or mixed use (commercial-residential)
and are non-owner-occupied. For any rental property to be considered
owner-occupied, the owner must prove that at least one owner, partner,
or shareholder of a corporation actually has his or her principal
residence at the rental property and resides therein on a full-time
basis, it being the actual domicile of that owner, partner, or shareholder.
At the request of the Town of Cheektowaga, any owner who claims to
occupy the rental property shall provide a sworn affidavit providing
the necessary information to support his or her claim that the premises
are owner-occupied.
A residential unit occupied by a party other than an owner.
One or more rooms with provision for sanitary and sleeping
facilities, for food preparation, for living and for working.
A party whose right to possession of a rental unit is subject
to the express or implied consent of the owner.
Town of Cheektowaga, exclusive of the Villages of Sloan and
Depew.
Any improved real property that is not occupied by the owner
or a tenant.
A notice issued in accordance with any violation of the Housing
Code.
A.
Registration required. No person or entity shall allow to be occupied,
or rent to another for occupancy, any single-family or multiple-family
residential property unit unless the owner has first obtained a property
owner registration certificate.
B.
Exemptions. The provisions of this article shall not apply to hotels;
motels; bed-and-breakfast establishments; rooming or boarding houses;
hospitals; nursing homes; or other dwelling units which offer or provide
medical or nursing services if such units are subject to state or
federal licensing or regulations concerning the safety of the users,
patients or tenants.
A.
The owner of a building constituting a rental property or unoccupied
property shall register the same within 60 days of the effective date
of this article on a form approved by the Town of Cheektowaga. Any
owner subject to this article acquiring a building after the adoption
of said article which is a rental property or unoccupied property
shall register the same within 30 days of acquisition on the same
form. This form shall be known as a "property owner registration statement,"
which shall be signed by the owner. A property owner registration
statement shall be completed and filed for each building constituting
a rental property or unoccupied property.
B.
The property owner registration statement shall contain the following:
(1)
Name, principal residence address, principal business address and
telephone number of the owner.
(2)
If the owner is an association, limited-liability partnership, joint
tenancy, tenancy in common or tenancy by the entirety, then each and
every owner or general partner shall be indicated on the application.
(3)
If the owner is a corporation, the principal place of business of
the corporation must be provided, and the name, title and residence
address of all officers, directors, managing or general agents must
be included on the application.
(4)
If the owner has designated an agent or managing company, then the
name, principal residence address, principal business address and
telephone number of such agent or managing company must be included
in addition to that of the owner.
(5)
It shall be the responsibility of the owner to properly register
any change of address, agent or any other information which occurs
after the filing of the application.
(6)
For purposes of this article, a post office box shall not be accepted
as the owner's address. Further, the building intended to be licensed
shall not be accepted as the owner's address unless it is the principal
place of residence of the owner.
(7)
The owner shall specify the address to which all notices and invoices
for fees are to be forwarded.
(8)
If the owner does not reside within the County of Erie (New York
State), the owner must designate a property manager located in the
County of Erie (New York State) who can accept service of process.
The owner must provide the name, address and telephone number of the
property manager who resides in the County of Erie (New York).
C.
Failure to receive notice of the registration deadline will not excuse
failure to register within the time prescribed for such registration.
Failure to receive notice of the registration deadline will not excuse
failure to register rental property. It is the owner's responsibility
to fulfill the requirements of this article. Failure to provide such
information shall be grounds to deny a property owner registration
certificate.
After receipt of the property owner registration statement for
a property owner registration certificate, the receiving office shall
review same to ensure said application contains all of the required
information. If the application is deemed complete, the Town shall
forward the property owner registration certificate to the owner within
30 days. If said statement is deemed incomplete, the Town shall notify
the owner, and the owner shall have 30 days in which to supply the
required information. If the required information is not supplied
by the owner, the certificate shall be denied.
A.
Vacant units. When a property owner registration certificate has
been denied or revoked, no further rental and occupancy of dwelling
units then vacant shall be permitted until a property owner registration
certificate has been issued.
B.
Occupied units. In addition to other penalties under this article, when a property owner registration certificate has been denied or revoked, the dwelling unit(s) containing such violations shall be vacated after the Town provides a notice to the owner and makes an attempt to notify the occupants of the dwelling unit(s) containing said violations. Such notice shall direct the owner and occupants of the dwelling unit(s) containing such violations to vacate within a ninety-day period of time. The Town may provide a reasonable period for the owner to correct such violation. For the owner, such notice shall be mailed by first-class mail to the owner at the address provided by the owner pursuant to § 194-4B(7) of this article. For the occupants, such notice shall be mailed to the current occupant at the dwelling unit. Vacated dwelling units shall not be reoccupied until a property owner registration certificate has been issued.
C.
Occupied units; hazard. In addition to other penalties under this
article, any certificate may be denied or revoked if the property
has been issued a notice of violation from the Office of Neighborhood
Preservation in which there is a condition that adversely affects
or are likely to adversely affect the life, safety, general welfare
and health, including the physical, mental and social well-being of
the person(s) occupying the dwelling(s). Compliance of the notice
of violation must be submitted to the issuing office with a completed
registration statement in order to request a new registration certificate.
A.
Effect of failure to submit the property owner registration statement
or denial of the property owner registration statement or if the owner
fails to supply the required information to complete the statement.
The owner shall be subject to the following fines:
(1)
$250 for every thirty-day period until an acceptable statement is
submitted, up to $1,000.
A.
The fee to file a property owner registration statement and the fee to renew the property owner registration certificate is $20 every two years. The landlord and property owner registration certificate shall be valid for a period of two years or until such time that there is a change in ownership, or the registration certificate is revoked due to § 194-5C, at which time a new registration statement must be completed and approved.
B.
Notwithstanding the foregoing, required fees shall be waived for
owners of buildings and unoccupied property subject to this article
who register within 60 days of the effective date of this article.
This article shall be effective January 1, 2019.
If any article, section, subsection, paragraph, sentence, clause
or provision of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the article, section, subsection, paragraph, sentence,
clause or provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
