Village of New Paltz, NY Article I General Provisions

§ 129-1 Purpose and scope.

A. The purpose of this chapter is to protect the public health, safety, morals and welfare of the people of the Village of New Paltz, New York by establishing minimum standards governing the condition, occupancy and maintenance of dwellings, dwelling units, rooming houses, rooming units and premises; establishing minimum standards governing utilities, facilities and other physical components and conditions essential to make dwellings, dwelling units, rooming houses, rooming units and premises safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators, agents and the occupants of dwellings and dwelling units, rooming houses and rooming units; authorizing and establishing procedure for the inspection of dwellings, dwelling units, rooming houses and rooming units and the condemnation and vacation of those dwellings, dwelling units, rooming houses and rooming units unfit for human habitation; and fixing penalties for the violations of the provisions of this chapter. This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purpose as stated above.

B. This chapter shall apply to all residential rental premises as follows:

(1) Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located;

(2) Residential buildings, including one- and two-family dwellings and multiple dwellings;

(3) Residential occupancies in buildings of mixed occupancy; and

(4) Accessory structures, accessory to residential occupancies.

§ 129-2 Definitions.

A. Except as otherwise specified in this chapter, the definitions for words in this chapter shall be the same as those found in other chapters of the Municipal Code of the Village of New Paltz, and said definitions shall be deemed incorporated herein as though set forth herein in full.

B. Except where specifically defined in Chapter 212 of the Municipal Code of the Village of New Paltz (entitled "Zoning"), all words used in the present tense shall include the future. Words used in this chapter shall carry their customary meanings. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

C. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership, and any other agency of voluntary action.

D. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

E. As used in this chapter, the following terms shall have the meanings indicated:

DISPLACED TENANT

A residential tenant who loses use of his/her residence as a result of the loss of a certificate of occupancy and/or rental registration by virtue of a violation of this chapter.

LANDLORD

The person who has the right to exclusive possession of certain premises and, who, for consideration under a rental agreement, agrees to relinquish that right to another temporarily, retaining a right of reversion of the premises upon termination of such agreement.

NORMAL WEAR AND TEAR

The deterioration which occurs, based on the use for which the residential unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenants or members of his/her household or their invitee or guests. The term "normal wear and tear" does not include sums or labor expended by the landlord in removing from such residential unit articles abandoned by the tenant such as trash. If a rental unit was leased to a tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, "normal wear and tear" does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, unless expenditure of those sums was necessitated by action of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of his/her household or their invitee or guests.

PROPERTY MANAGER

A person or company hired by a property owner to take responsibility for ensuring rental properties are continually maintained to the standards set by the Village Code, New York State law, and the interests of the property owner(s).

PROPERTY OWNER

The person(s) or company/corporation whose name appears on the deed. For purposes of this chapter, a property owner shall mean the designated owner. If the property has multiple owners or is owned in partnership, then one person must be designated and named as the responsible party for registration purposes.

RENTAL AGREEMENT

A written or oral agreement embodying and fixing the terms and conditions for the transfer of possession and the use and occupancy of premises, whether or not for a definite period of time.

RENTAL PROPERTY

Any parcel, house, apartment or room within whose boundaries housing accommodations are provided in exchange for money, trade or barter, whether said accommodations are short-term or long-term, owner-occupied or nonowner-occupied. "Rental property" does not include housing exchanged for the specific purposes of child care or nursing/companion or home health care.

RESIDENTIAL UNIT

Any premises which are used for residential purposes under the terms of a rental agreement.

SECURITY DEPOSIT

The total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations.

SURRENDER OF PREMISES

A tenant's voluntary relinquishment of his or her renter's legal rights and return of possession of the leased premises to the landlord, upon landlord's consent.

TENANT

A person entitled to exclusive possession and occupancy of a residential unit and the right of use of the appropriate appurtenances as provided in a rental agreement, including any other person 18 years of age or over who shares such unit with the knowledge and consent of the landlord.

TERMINATION OF TENANCY

The severance of the landlord and tenant relationship, which is either effectuated through: i) written notice from the landlord based on a lease violation; ii) written notice from the landlord based on the end of a month to month term; iii) written notice from the landlord based on a lease violation; or iv) an order of a court of competent jurisdiction. Such termination of tenancy does not relieve either the landlord or tenant of their respective contractual obligations in existence at the time of termination.

§ 129-3 Nonapplicability.

This chapter shall not apply to institutional occupancies, including, but not limited to, nursing, convalescent and old-age homes; or to occupancies intended primarily for transients, including, but not limited to, hotels, motels and tourist courts.

§ 129-4 Application.

A. Consistency with other regulations. The provisions of this chapter shall supersede local laws, ordinances, codes, or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this chapter and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.

B. Conflict with other regulations. Where a provision of this chapter is found to be in conflict with the provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.

C. Relationship to New York State Uniform Fire Prevention and Building Code (the Uniform Code). Installations, alterations and repairs to residential premises, and materials, assemblies and equipment utilized in connection therewith, shall be reasonably safe to persons and property, and in conformity with applicable statutes of the State of New York, and orders, rules and regulations issued by authority thereof. Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) shall be prima facie evidence that the same is reasonably safe to person and property.

§ 129-5 Partial invalidity.

If a term, part, provision, section, subsection or paragraph of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subsections and paragraphs.