The Board of Trustees of the Village of Greenport hereby finds
that it is in the public interest to prevent unsafe conditions arising
from the rental of residential property that is in violation of the
New York State Uniform Fire Prevention and Building Code or the Greenport
Village Code, and any other codes or regulations that are applicable
within the Village of Greenport, and property used for rental that
is inadequate in size, overcrowded and dangerous; or which pose hazards
to life, limb and property of residents of the Village of Greenport
or that tend to promote and encourage deterioration of the housing
stock of the Village of Greenport; create blight, excessive vehicle
traffic and parking problems; and overburden municipal services. The
Board of Trustees further finds that additional Code provisions are
required to halt the proliferation of such conditions and that the
public health, safety, welfare and good order governance of the Village
of Greenport will be enhanced by enactment of the regulations set
forth in this chapter.
This chapter shall apply to all rentals of property for residential
use in the Village of Greenport. Any property shall be presumed to
be rented if said premises are not occupied by the legal owner thereof.
The provisions of this chapter shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this chapter shall be deemed to abolish, impair, supersede or replace
existing remedies or existing requirements of any other provision
of state or local law or code or regulation. The issuance of any permit
or the filing of any form under this chapter does not make legal any
action or state of facts that is otherwise illegal, unlawful or nonpermitted,
or is otherwise in contravention of any other applicable law, code,
rule or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
CONVENTIONAL BEDROOM
A room designed as a bedroom or, as in the case of a studio
apartment, a common room used for sleeping purposes. Rooms having
other purposes, such as dens, kitchens, living rooms or hallways,
are not to be interpreted or used as conventional bedrooms. A room
that is not a conventional bedroom may not be converted to or used
as a conventional bedroom without the prior approval of the Village
of Greenport.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, and having no enclosed space (other
than vestibules, entranceways, or other hallways or porches) or cooking
or sanitary facilities in common with any other dwelling unit and
which contains at least and not more than one kitchen.
KITCHEN
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
LONG TERM OCCUPANCY
Occupancy by a written lease with a term of at least one
year.
[Added 10-25-2018 by L.L. No.
8-2018]
NONCONFORMING BUILDING OR USE
A building or use that does not conform to the applicable
building, zoning or other relevant regulations of the district in
which it is situated.
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame, crib or other sleeping provisions in a room is presumptive
evidence that the room is being used for sleeping purposes. Nonhabitable
space shall not be used for sleeping purposes.
OWNER
Any person, partnership, corporation or other entity who
alone, or jointly with others, has legal title to any premises, including
a mortgagee in possession or with maintenance responsibility due to
a foreclosure or other proceeding. The general partner of a partnership,
director of a corporation and member of a limited liability company
shall be deemed to be an owner for purposes of this chapter.
OWNER-OCCUPIED
Occupation by the owner of the property and/or the owner's
immediate family.
[Added 10-25-2018 by L.L. No.
8-2018]
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
permit continuously prior to the date of the application for the permit.
RENTAL PERMIT
A permit issued by the Building Inspector to the owner to
allow the use or occupancy of a rental property.
RENTAL UNIT
A dwelling unit or portion of a property which is occupied
for habitation by a person or persons, other than the owner or the
owner's immediate family.
RESIDENTIAL PROPERTY
Property which is zoned for residential use or that portion
of a mixed-use property which is a residential use.
[Added 10-25-2018 by L.L. No.
8-2018]
SHORT-TERM RENTAL
The rental of residential property or a portion thereof for a term of less than 14 days, which shall not include the rental of rooms by a bed-and-breakfast establishment that has been approved by the Village of Greenport under Greenport Village Code §
150-7B(7).
[Added 10-25-2018 by L.L. No.
8-2018]
The owner shall maintain a confidential record of the names
and telephone numbers of the tenants.
Effective the date of the filing of this chapter with the New
York State Department of State, no owner shall cause, permit or allow
the occupancy or use of a rental property without a valid rental permit
and no person shall occupy or otherwise use a dwelling unit or any
part thereof as a rental unit without a valid rental permit being
issued for the rental unit. A rental permit issued under this chapter
shall only be issued to the owner(s) of the real property at issue.
An application for a rental permit that has been signed and
sworn to by the owner shall be filed for all rentals of property for
habitation or residential purposes prior to the rental or occupancy
thereof which application shall contain the legal residence and contact
information of each owner and verification of an inspection by the
Village of Greenport or a written certification from a licensed architect
or licensed engineer that states that the rental unit fully complies
with all of the provisions of the New York State Uniform Fire Prevention
and Building Code and Greenport Village Code, and any other applicable
codes and regulations, which certification shall not have been completed
more than 30 days prior to the date of the application for a rental
permit, and a floor plan of the rental unit.
A. The short-term rental of a residential property or a portion thereof
is prohibited, except for a two-family house where one of the dwelling
units is either owner-occupied or is occupied as a long-term occupancy,
or a portion of a single-family house, the remainder of which is owner-occupied
or is occupied as a long-term occupancy.
[Added 10-25-2018 by L.L. No.
8-2018]
The Building Inspector or another person designated by the Board
of Trustees shall review each application for completeness and accuracy
and shall issue a rental permit when the application is complete and
fee paid.
It shall be the duty of the Building Inspector to maintain a
register of the owner name and address, number of rooms in the premises,
and expiration date of permits issued pursuant to this chapter.
The Building Inspector and Village personnel or agents for the
Village who are engaged in the enforcement of the provisions of this
chapter, the New York State Uniform Fire Prevention and Building Codes
and the Greenport Village Code, are authorized to make or cause to
be made inspections to determine the condition of rental properties
to safeguard the health, safety, and welfare of the public.
In the event that one or more of the provisions of this local
law or chapter shall be deemed to be unenforceable, the remaining
provisions of this local law or chapter shall remain in full force
and effect.