For the purposes of this chapter, the following definitions
shall apply:
ABSENTEE LANDLORD
Any landlord who does not reside on the rental property and/or
who resides outside the designated boundaries of Orange County as
those boundaries may be defined at the time of regular, periodic property
registration.
BUILDING INSPECTOR
The duly appointed Building Inspector/Code Enforcement Officer of the Village of Montgomery authorized to enforce Chapter
42, Building Construction, Chapter
44, Buildings, Unsafe, and this chapter.
HOUSING OR DWELLING UNIT
Any single residential living space which is capable of housing
one separate household, whether a detached single-family structure
or building or part of a multi-household structure or building.
IMMEDIATE FAMILY
The "immediate family" of the owner of a housing unit consisting
of the owner's spouse, children, parents, grandparents or grandchildren.
LANDLORD
Any property owner or designated agent who offers a housing
unit for occupancy to persons other than members of his immediate
family in exchange for a fee or compensation, whether monetary or
otherwise.
RESIDENT AGENT
A representative of a property owner or landlord who resides
within the designated boundaries of Orange County as defined at the
time of periodic property registration. All resident agents must be
natural persons and not corporations, limited liability companies
or other similar entities.
SHORT-TERM RENTAL PERMIT
A permit issued by the Village of Montgomery stating that the referenced structure or unit conforms to the standards of Chapter
42, Building Construction, and that occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that permit.
SHORT-TERM RENTAL PROPERTY
Any housing or dwelling unit(s) which are occupied by persons
other than the owner or his immediate family for which a fee or compensation,
monetary or otherwise, is received by the owner or landlord in exchange
for such occupancy for a period of less than 30 days, which shall
include but not be limited to rentals provided by such companies as
Airbnb and VRBO. Month-to-month tenancies are not considered short-term
rental properties.
SUBSTANDARD
Any deficiency in a structure or housing unit that does not meet the standards of Chapter
42, Building Construction, as amended.
The Building Inspector may deny an application for a short-term
rental permit based upon, among others, any of the following grounds:
A. The application does not fully comply with the provisions of this
chapter.
B. The applicant has falsified or failed to provide information in the
application for a permit, registration of property or registration
of property owner.
C. The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application and the applicant falsified or failed to provide
information in the application for a permit, registration of property
or registration of property owner, upon which such short-term rental
permit had been issued.
D. The applicant violated any provision of this chapter during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E. The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of application
or during the calendar year in which the application was made.
F. The property for which a short-term rental permit is sought was used
or occupied in violation of this chapter during the calendar year
immediately preceding the date of application or during the calendar
year in which the application was made.
G. The property for which a short-term rental permit is sought is not
equipped with an operational single-station smoke-detecting alarm
device and an operational carbon monoxide detector device, or devices,
in accordance with New York State standards.
H. The property for which a short-term rental permit is sought does
not possess adequate exits in accordance with New York State standards.
The Building Inspector may revoke a short-term rental permit
based upon, among others, any of the following grounds:
A. The owner applicant has falsified or failed to provide information
in the application for a permit, application for renewal of a permit,
registration of property or registration of property owner.
B. The applicant violated any provisions of this chapter during the
term of the short-term rental permit.
C. The applicant or any renter violated any provision of the Penal Code
of the State of New York, which violation occurred on, or pursuant
to the occupancy of, the short-term rental unit.
D. The applicant or any renter violated any provision of the Village
of Montgomery.
E. Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
F. The property for which renewal of a short-term rental permit is sought
is not equipped with an operational single-station smoke-detecting
alarm device and an operational carbon monoxide detector device, or
devices, in accordance with New York State standards.
G. The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
chapter.
The parking of motor vehicles between the hours of 1:00 a.m.
and 6:00 a.m. on the premises for which a short-term rental permit
has been issued shall be prima facie evidence that the rental unit
was used and occupied during that time by at least one person for
each motor vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.