The Town considers rental housing a commercial enterprise subject
to licensure and oversight duly authorized in the Town Charter. The
purpose of this chapter is to encourage the responsible ownership
and management of rental housing within the Town, particularly as
the public health, safety, general welfare and economic vitality of
the community is directly impacted. This includes preservation of
quality rental housing that blends with traditional owner-occupied
neighborhoods. It is not the intent of the chapter to mediate internal
disputes between landlords and tenants but rather to address the maintenance
of rental housing as it relates to the greater community.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A second dwelling unit that is part of, or attached to, an
existing one-family detached dwelling, and which contains cooking,
eating, sanitation and sleeping facilities. Such a unit is subordinate
to the main dwelling unit.
A person authorized to do the following on behalf of the
landlord/owner:
Make, contract for, and authorize necessary repairs to the rental
housing.
Comply with the orders, notices and requests of the Town Manager
and the Board of Rental Housing Appeals.
Accept all communications, notices, orders and all types of
service of process, including, but not limited to, municipal infraction
citations relating to the rental housing. The agent may, but need
not, be the operator of the rental housing.
A building, or portion thereof, arranged or designed for
use or occupancy as a residence by not more than one family. "Dwelling
unit" includes accessory apartments.
An examination of rental housing or any part thereof as the
Town Manager deems appropriate to carry out the purposes of this chapter.
A building operated as a single entity containing two or
more dwelling units rented on a minimum of a monthly basis (an apartment
house). "Multiple-family dwelling" does not include buildings containing
condominium or cooperative dwelling units, or other attached dwelling
units, where such units are under different ownership.
Any person who has charge, care or control of rental housing,
who is responsible for the daily management of the facility and who
has the authority to make minor and emergency repairs and receive
complaints. "Operator" includes, but is not limited to, any of the
following persons who exercise the foregoing authority and responsibility:
a landlord, lessee, sublessee and any vendee in possession. "Operator"
does not include those persons engaged solely in janitorial functions.
Any structure or portion thereof, or combination of related
structures and appurtenances, operated as a single entity, in which
the owner or operator thereof provides, for a consideration, one or
more dwelling units. "Rental housing" includes rooming houses, multiple-family
dwelling units, single-family dwelling units, accessory apartments,
inns, hotels, motels, individual condominium or cooperative dwelling
units, etc. "Rental housing" does not include nursing homes, hospices
and other residential medical or psychiatric care facilities.
A building containing not more than one dwelling unit. "Single-family
dwelling unit" includes attached dwelling units where the units are
under separate ownership, including cooperative and condominium units.
Any person who occupies a dwelling unit for living or dwelling
purposes with the landlord's consent and upon payment of the
required rent.
The Town Manager or any employee, department, officer or
agency of the Town designated by the Town Manager to carry out the
duties and responsibilities ascribed to the Town Manager under this
chapter.
Any condition in rental housing which violates this chapter
or any other ordinance of the Town Code of New Windsor or any applicable
federal, state or county law, ordinance, regulation or code applicable
to rental housing, including, but not limited to, livability, housing,
sanitation, litter, public health and safety.
This chapter shall apply to all rental housing within the Town
and to all leases and rental agreements concerning rental housing
within the Town, wherever executed. This chapter shall apply to rental
housing owned and/or operated by any public housing authority, and
to rental facilities which are subject to federal or state law, rule
or regulation only to the extent that federal or state law, rule or
regulation does not conflict with and is not inconsistent with the
provisions and requirements of this chapter.
A.Â
The provisions and requirements of this chapter shall be in addition
to any provision or requirement of any other applicable law, rule
or regulation, and it shall not be deemed to interfere with, abrogate,
annul or otherwise affect in any manner any agreements between parties,
unless such agreements conflict with the provisions of this chapter.
B.Â
To the extent that the provisions of this chapter conflict with state
public law, state law shall prevail.
