The Town Board of the Town of Amherst hereby finds and declares
that the rental of dwelling units constitutes a business which impacts
upon the public health, safety and general welfare of the people of
the Town of Amherst. The intent of this Chapter is to regulate the
offering for rental of dwelling units to protect the public health,
safety and general welfare of the people of the Town of Amherst and
to further achieve the following beneficial purposes:
A. The protection of the character and stability of residential areas;
B. The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social well-being
of persons occupying dwellings;
C. The enforcement of minimum standards for heating, plumbing, adequate
bathroom facilities and other recognized acceptable sanitary living
conditions necessary for health and safety;
D. The enforcement of minimum standards for light and ventilation necessary
for health and safety;
E. The enforcement of minimum standards for the maintenance of existing
residential buildings and the prevention of slum and blight conditions;
F. The preservation of the value of land and buildings throughout the
Town.
As used in this Chapter, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of Building or his/her designee.
DWELLING UNIT
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a person for living or sleeping.
HOUSING CODE
All state and local laws, codes, ordinances, rules and regulations
for the establishment and maintenance of housing standards.
OWNER
The owner or owners of the dwelling unit or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee or agent of the owner.
SHORT TERM RENTAL
The rental of a dwelling unit for a time period between one
and thirty days.
[Amended 4-5-2021 by L.L.
No. 5-2021]
The Town of Amherst shall issue a short term rental dwelling unit certificate or a rental dwelling unit certificate for such properties after satisfactory completion of the Town's inspection and assuring that all local property taxes on the rental unit are up to date. If upon completion of an inspection of a building and dwelling units therein the Commissioner finds noncompliance with the housing code, or that local property taxes are not up to date, the Commissioner shall issue a notice of violation in accordance with §
44-14 of this Chapter for the correction of any violations of the housing code. Upon re-inspection, if the Commissioner finds noncompliance with the notice of violation the Commissioner shall deny a certificate or revoke any issued certificate in accordance with the procedure set forth in §
44-14 of this Chapter. The Commissioner shall issue a written statement setting forth the reasons for the denial or revocation.
A rental dwelling unit registration issued pursuant to this Chapter shall expire no later than three (3) years after the date of its issuance, unless sooner revoked pursuant to §
44-14. A short term rental unit certificate issued pursuant to this Chapter shall expire one (1) year after its date of issuance. Within sixty (60) days prior to the expiration of a rental dwelling unit registration certificate or a short term rental unit certificate, the owner shall make written application for a rental dwelling unit registration certificate in accordance with §
44-4 of this Chapter. In no event shall a certificate be issued pursuant to this Chapter remain in effect more than three (3) years after the date of its issuance unless further extended by the Commissioner for sufficient cause.
The terms and conditions of this section shall also apply to holders of short term rental dwelling unit certificates. A rental dwelling unit registration issued pursuant to this Chapter is transferable to any person who has acquired ownership of a registered building for the unexpired portion of the term for which it was issued, provided that an application to transfer such certificate is filed with the Commissioner within thirty (30) days of title transfer, the information required by §
44-4 is provided and the dwelling units therein are in compliance with the housing code.
The terms and conditions of this section shall also apply to
holders of short term rental dwelling unit certificates. Every holder
of a rental dwelling unit registration certificate shall:
A. Conspicuously post the certificate in a protected mounting in the
public corridor, hallway or lobby of the building for which the certificate
was issued. This posting shall be in a common entrance. If no common
entrance exists, then posting shall be made at the entrance of each
dwelling unit. In the alternative to such posting, the license shall
be produced by the owner at the request of a tenant, a prospective
tenant or upon demand of the Commissioner.
B. Conform with all other applicable state, county and Town laws and
ordinances on matters not specifically addressed in this Chapter.
C. The rental agreement or lease for a dwelling unit regulated under
this Chapter must include a disclosure of the smoking policy for the
premises on which the dwelling is located. The disclosure must state
whether smoking is prohibited on the premises, allowed on the entire
premises or allowed in limited areas on the premises. If the smoking
policy allows smoking in limited areas on the premises, the disclosure
must identify the areas on the premises where smoking is allowed.
The Commissioner shall annually review the fee schedule set by §
44-20 and recommend changes as he/she deems appropriate to the Town Board.
If a term, part or provision, section, subdivision or paragraph
of this Chapter shall be held unconstitutional, invalid or ineffective,
in whole or in part, such determination shall not be deemed to affect,
impair or invalidate the remaining terms, parts, provisions, sections,
subdivisions and paragraphs.
The Commissioner is authorized to promulgate regulations consistent
with the provisions of this Chapter in order to carry out the objectives
of this legislation.
The provisions of this Chapter are not exclusive and are in
addition to and do not supersede or preempt other remedies or provisions
of the town, state, or federal laws and housing codes as may apply.