[Added 7-19-2018 by L.L.
No. 1-2018]
The Board of Trustees has determined that there exists in the
Village of Kensington serious conditions arising from the rental of
dwellings that are substandard or in violation of the Village Code
and that tend to overburden municipal services and promote or encourage
deterioration of the housing stock of the Village. The Board finds
that new Code provisions will serve to halt the proliferation of such
conditions and that the public health, safety, welfare and good order
and governance of the Village will be enhanced by enactment of the
regulations set forth in this article.
As used in this article, the following terms shall have the
meanings indicated:
The Building Inspector or the Commissioner of Buildings of
the Village of Kensington or their delegates or assistants.
A building or structure designed for and occupied exclusively
as a home or residence for not more than one family.
A family shall constitute either:
One or more persons related by blood, adoption or marriage living
and cooking together as a single housekeeping unit, inclusive of household
servants, shall constitute a family; or
A number of persons, not exceeding two, living and cooking together
as a single housekeeping unit though not related by blood, adoption
or marriage shall constitute a family.
Owner, lessee, agent or other person in control of a dwelling
or any other person or persons or entity or entities having the right
to possession of a dwelling, except a cooperative corporation whose
offering statement or prospectus has been accepted by the New York
State Attorney General for filing under General Business Law § 352-e.
Under this definition, a tenant can be an "owner" in relation
to a subtenant.
A return, in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling,
whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling established, occupied, used or maintained for
rental occupancy.
The occupancy or use of a dwelling by a family as defined herein
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
Consistent with the Village's zoning regulations, no more
than one family may rent a dwelling at any given time and a dwelling
may not be divided into separate housekeeping units to rent to more
than one family.
There is a rebuttable presumption that any occupancy or use
of a dwelling unit is a "rental occupancy" if the owner of the building
containing the dwelling does not reside in the same building.
A financial transaction whereby a seller of a real property
leases back the real property from the buyer for a predetermined amount
of time after the closing.
A.
Scope. This article shall apply to all rental dwellings located within
the Village, whether or not the use and occupancy thereof shall be
permitted as provided in this article.
B.
Applicability. The provisions of this article shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations; and nothing in this article shall be deemed to abolish,
impair, supersede or replace existing remedies of the Village, county
or state or existing requirements of any other applicable state or
local laws, ordinances, codes or regulations. In case of conflict
between any provision of this article and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail. The issuance of
any permit or the filing of any form under this article does not make
legal any action or statement of facts that is otherwise illegal under
any other applicable legislation.
Except in the case of a sale leaseback with a lease term of
six months or less, it shall be unlawful and a violation of this article
and an offense within the meaning of the Penal Law of the State of
New York for any person or entity who owns a dwelling in the Village
to establish, maintain, use, let, lease, rent or suffer or permit
the occupancy and use thereof as a rental occupancy without having
a valid permit for such rental occupancy, as herein provided.
[Amended 12-11-2019 by L.L. No. 6-2019]
A.
Application for a rental occupancy permit for a rental dwelling shall
be made in writing to the Building Department on a form provided by
the Building Department for that purpose.
B.
Such application shall be filed in duplicate and shall contain:
(1)
The name, address and telephone number of the owner of the dwelling
intended for rental occupancy.
(2)
The street address of the premises intended for rental occupancy.
(3)
The names, ages and relationships, if any, to the owner of the premises
of each person presently residing in or occupying such premises intended
for rental occupancy.
(4)
A description of the structure, including:
(5)
The name, address and telephone number, if any, of the managing agent
or operator of each such intended rental dwelling.
(6)
The name and address of the insurance company, if any, providing
the fire and other hazard and public liability insurance for the owner
of the premises, with a description of the type of insurance provided,
policy limits for each coverage and the policy number and expiration
date of such policy.
C.
Such application shall be signed by the owner of the premises, and
the statements of such owner therein contained shall be verified under
oath. If an owner is a natural person permanently residing outside
of Nassau, Suffolk, Queens, Kings, New York, Richmond, Bronx and Westchester
Counties, the application may be signed on behalf of the owner and
may be verified by a managing agent having personal knowledge of the
facts.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to a scale not greater than
40 feet to one inch; or if not shown on the survey, a site plan, drawn
to scale, showing all buildings, structures, walks, drives and other
physical features of the premises including driveways.
(2)
A building permit application, properly prepared, for all proposed
buildings, improvements and alterations to existing buildings on the
premises, if any.
(3)
A copy of the certificate of occupancy or certificate of existing
use. No application will be accepted without the submission of a valid
certificate of occupancy or certificate of existing use.
A.
Permit application fee. A nonrefundable permit application fee shall
be paid, upon filing an application for a rental occupancy permit,
in accordance with the Village of Kensington Fee Schedule.
B.
The fees required by this section shall be waived for any applicant
which demonstrates that it is a not-for-profit housing development
corporation organized under the laws of the State of New York and
that it is providing housing for senior citizens or other designated
special populations subject to income guidelines established by either
federal or state regulation.
[Amended 12-11-2019 by L.L. No. 6-2019]
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling. If satisfied that the proposed rental dwelling, as well as the premises in which the same are located, comply fully with all applicable state and local laws, ordinances, rules and regulations of the county and Village and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure as defined in Chapter 2A of the Village Code or create a nuisance to adjoining nearby property, the Code Enforcement Officer shall issue the permit. Under no circumstances will any permit be issued under this subsection unless all prior construction, alterations or repairs of the premises requiring a permit under § 64-14A have been completed to the satisfaction of the Code Enforcement Officer and a certificate of compliance under § 64-28 issued.
[Amended 12-11-2019 by L.L. No. 6-2019]
A.
Rental permits. All permits issued pursuant to this article shall
be valid for a period of two years from date of issuance.
B.
Renewal of rental permits. An application for a renewal rental permit must be filed by the owner not later than 30 days prior to the expiration of the term of the existing rental permit to which it applies. An application for a renewal rental permit shall contain substantially the same information that is required by § 64-44 of this article upon forms to be furnished by the Building Department. Renewal rental permits shall be issued upon the approval of the application for renewal rental permit, as provided in § 64-46, and upon payment of the renewal permit fees specified in § 64-45. A renewal rental permit shall have a term of one year.
C.
Transfer of ownership. The owner must notify the Village Clerk, in
writing, of any impending sale of the rental dwelling. Said notice
must be given at least 30 days prior to the sale. The new owner of
the rental dwelling must file for a new rental permit.
It shall be the duty of the Code Enforcement Officer to maintain
a register of permits issued pursuant to this article. Such register
shall be kept by street address, showing the name and address of the
permittee, the number of rental dwelling units at such street address,
the number of rooms in each such rental dwelling unit and the date
of expiration of permit for such unit.
No permit shall be issued or renewed until the Code Enforcement
Officer shall inspect the rental dwelling unit to determine that it
is equipped with a functioning smoke detector device and carbon monoxide
alarm, in compliance with New York State Uniform Fire Prevention and
Building Code.
[Added 12-11-2019 by L.L. No. 6-2019[1]]
A.
Board intent and purpose. The Village Board hereby finds that carbon
monoxide, a colorless, odorless, poisonous gas produced by incomplete
burning of solid, liquid and gaseous fuels used to heat homes or to
operate motor vehicles, cook and produce heated water, presents a
danger to the health of Village of Kensington residents. The Village
Board further finds that the loss of life caused by carbon monoxide
poisoning is preventable by the proper installation and use of carbon
monoxide alarms in rental dwellings.
B.
Carbon monoxide alarms required in rental dwellings.
(1)
Every rental dwelling that contains a fuel-burning appliance or equipment,
which shall be defined as any appliance capable of burning organic
materials in accordance with this provision, shall have installed
and shall maintain, in good working condition, the required number
of carbon monoxide alarms, which shall have a battery backup if electrically
operated. Such carbon monoxide alarm may be combined with a smoke
detecting device which complies with the New York State Uniform Fire
Prevention and Building Code.
(3)
Compliance with other standards. Each approved carbon monoxide alarm
shall comply with all applicable state, county and Village regulations,
shall bear the label of a nationally recognized standard testing laboratory,
and shall meet the standard of UL 2034 or its equivalent.
(4)
Rendering alarm inoperable prohibited. Except as herein provided,
it shall be prohibited to render an installed carbon monoxide alarm
inoperable by breaking such alarm, painting the exterior, taping over
the alarm, disabling the alarm, removing the battery or using any
other method which prevents such carbon monoxide alarm from operating
in the manner for which it was intended. This provision shall not
apply to the normal procedure of replacing batteries in such carbon
monoxide alarm.
C.
Duty of owner. It shall be the duty of the owner of a rental dwelling
to:
(1)
Provide and install operational carbon monoxide alarm(s) in each
rental dwelling as required that shall have a battery backup if electrically
operated.
(2)
As part of the rental permit application process, and in order to
receive or renew a rental permit, complete a Village of Kensington
carbon monoxide detector certificate of installation and deliver the
completed certificate to the Village of Kensington Code Enforcement
Official, prior to receiving or renewing a rental permit.
(3)
Unless the owner submits to a physical inspection of the rental dwelling(s),
the owner must provide the Code Enforcement Official with a completed
and signed affidavit attesting to the installation of the required
carbon monoxide alarm(s).
(4)
The Code Enforcement Official may request to inspect a rental dwelling
for compliance at his discretion. Refusal to allow such an inspection
by the owner of such dwelling may form the basis to make an application
to a court of competent jurisdiction for a search warrant.
(5)
Provide the tenant(s) with a copy of the completed carbon monoxide
detector certificate of installation and/or the signed affidavit attesting
to the installation of the required carbon monoxide alarm(s).
(6)
Replace any carbon monoxide alarm that has been stolen, removed,
found missing or rendered inoperable within five days of receiving
notification from the occupant, as described in § 138-10.1,
that said alarm has been stolen, removed, found missing or rendered
inoperable.
(7)
Any carbon monoxide alarm(s) must be replaced as per manufacturer's
specifications.
D.
Duty of occupant. It shall be the duty of the occupant of a rental
dwelling to:
E.
Severability. If any clause, sentence, paragraph, section or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy and in which such judgment
shall have been rendered.
The Code Enforcement Officer is authorized to make or cause
to be made inspections to determine the condition of rental dwelling
units. The Code Enforcement Officer is authorized to enter, upon consent
of the owner if the unit is unoccupied or upon consent of the occupant
if the unit is occupied, any rental dwelling unit and the premises
in which the same is located, at the reasonable time or at such other
time as may be necessary in an emergency for the purpose of performing
duties under this article.
The Code Enforcement Officer is authorized to make application
to the District Court of Nassau County or other court of competent
jurisdiction for the issuance of a search warrant, to be executed
by a police officer, in order to conduct an inspection of any premises
covered by this article where the owner or occupant refuses or fails,
after due notice by certified mail, to allow an inspection of the
rental dwelling unit or premises and where there is reasonable cause
to believe that a violation of this article or a violation of the
Multiple Residence Law, the New York State Uniform Fire Prevention
and Building Code, the Nassau County Fire Prevention Ordinance or
the Village Code has occurred. The application for a search warrant
shall, in all respects, comply with applicable laws of the State of
New York.
A.
The Code Enforcement Officer shall revoke a rental occupancy permit
where he or she finds that the permit holder has caused, permitted,
suffered or allowed to exist and remain upon the premises for which
such permit has been issued, for a period of 10 days or more after
written notice has been given to the permit holder or the managing
agent of such rental dwelling unit, a violation of the Multiple Residence
Law, New York State Uniform Fire Prevention and Building Code, the
Nassau County Fire Prevention Ordinance or a violation of this article
or other chapter of the Village Code. Revocation of a permit under
this subsection cannot be done by a delegate or assistant of the Code
Enforcement Officer.
B.
An appeal from such revocation may be taken by the permit holder
to the Village Board, by written request, made within 30 days from
the date of such revocation. The Village Board shall hold a public
hearing on such appeal at the next regularly scheduled board meeting
after receipt of written notice of such appeal and, after such hearing,
shall make written findings, a conclusion and a decision either sustaining
such permit revocation or reinstating such permit within 30 days after
close of such public hearing. Unless the Village Board directs otherwise
in circumstances constituting serious threats to health and safety,
the filing of an appeal shall stay the effectiveness of a permit revocation
until the Village Board has considered and ruled upon the issue.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy in anything less than an entire structure or
building.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy for a term of less than one year.
[Amended 12-11-2019 by L.L. No. 6-2019]
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy in any dwelling unit without the owner's
first having completed and filed with the Code Enforcement Officer
a rental registration form approved by the Commissioner of Buildings.
A new form must be filed whenever a dwelling unit has become vacant
and the owner intends to permit a new tenant or other person to take
up residence.
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy without the owner's first having filed
with the Code Enforcement Officer a copy of the rental agreement and
a form approved by the Commissioner of Buildings identifying the tenants.
A rental agreement and new tenant identification form must be filed
whenever a dwelling unit becomes vacant and the owner intends to permit
a new tenant or other person to take up residence.
Under Public Officers Law § 872(b), rental registration forms, rental agreements, tenant identification forms and that portion of the rental occupancy permit application required under § 64-44B(3) shall be exempt from disclosure under the Freedom of Information Law, on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Code Enforcement Officer will institute strict policies to ensure that such information is available only to Village personnel who are engaged in the enforcement of the provisions of this article.
[Amended 12-11-2019 by L.L. No. 6-2019]
The following shall be conditions precedent to renting any dwelling
within the Village:
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any broker or agent to list, show or otherwise offer for lease
or rent on behalf of the owner any dwelling unit for which a current
rental occupancy permit has not been issued by the Code Enforcement
Officer. It shall be the broker or agent's duty to verify the
existence of a valid permit before acting on behalf of the owner.
Any broker or agent who has earned a commission or other compensation
for renting or leasing a dwelling unit must, within five business
days of earning said commission or other compensation, file with the
Code Enforcement Officer a rental registration form, a copy of the
rental agreement and tenant identification form unless the owner has
already filed such forms in the meantime. Failure to file shall be
unlawful and a violation of this article and an offense within the
meaning of the Penal Law of the State of New York.
No owner, broker or agent shall publish a written offer or solicitation
of offers to rent or lease a rental dwelling unit, unless that offer
or solicitation refers by number to a valid rental occupancy permit
for the rental dwelling unit in question. For purposes of this section,
"publish" means to promulgate to the general public or to selected
segments of the general public, in a newspaper, magazine, flyer, handbill,
mailed circular, bulletin board, sign or electronic media. Violation
of this section shall be unlawful and an offense within the meaning
of the Penal Law of the State of New York.
A.
Within the context of rental registration enforcement and prosecutions,
the presence or existence of any of the following shall create a rebuttable
presumption that a premises is being used as a rental occupancy:
(1)
The property is occupied by someone other than the owner, and the
owner of the property represents in writing or otherwise, to any person
or establishment, business, institution or government agency, that
he resides at an address other than the rental property;
(2)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner;
(3)
There are separate entrances for segregated parts of the dwelling;
(4)
There are partitions or internal doors which may serve to bar access
between segregated portions of the dwelling, including but not limited
to bedrooms;
(5)
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among its owner(s)
and/or occupants and/or persons in possession thereof;
(6)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(7)
Two or more kitchens each containing one or more of the following:
a range, oven, hot plate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator;
(8)
A premises has been advertised in any newspaper, magazine, local
advertising publication, or posted or billed as being available for
rent.
B.
Within the context of rental registration enforcement and prosecutions,
the presence or existence of any two of the following shall create
a rebuttable presumption that a premise is being used as a rental
occupancy:
(1)
There is more than one mailbox at the premises;
(2)
There is more than one gas meter at the premises;
(3)
There is more than one electric meter at the premises;
(4)
There is more than one doorbell at the premises;
(5)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(6)
There are more than three waste receptacles, cans, containers, bags,
or boxes containing waste from the premises placed for pickup at least
twice during a weekly garbage pickup period; or
(7)
There is no electric meter annexed to the exterior of the premises.
D.
Nothing herein shall be construed to prevent persons living together
as a family unit, with the owner, as defined by this Code.
[Amended 12-11-2019 by L.L. No. 6-2019]
A.
Any person, association, firm or corporation which violates any provision
of this article or assists in the violation of any provision of this
article shall be guilty of a violation, punishable:
(1)
By a fine of not less than $1,000 and not exceeding $5,000 or by
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense.
(2)
By a fine of not less than $5,000 nor more than $10,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second offense.
(3)
By a fine of not less than $10,000 nor more than $20,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense of a series of offenses, all of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation.
C.
The remedies outlined herein shall not limit the Village from pursuing
any other legal remedy available to enforce its Code. The Village
may pursue a civil action and/or injunctive relief against any owner
or person who violates this chapter.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
said judgment.
A.
This article shall be effective on May 1, 2018, or upon filing with
the Secretary of State, whichever is later. No violation of this article
will be charged prior to June 1, 2018, and no violation of this article
regarding failure to obtain a permit will be charged against a person
or entity which:
(1)
Has filed the necessary application in proper form and in good faith,
with all required information and attachments, on or before June 1,
2018;
(2)
Has consented to an inspection of the premises in question; and
(3)
Has not received a final determination on the application, for reasons
over which the applicant has no control.
