[Amended 2-15-2022 by L.L. No. 3-2022]
The following terms shall have the meanings indicated:
ENFORCEMENT AUTHORITY
The Village agency or official charged with issuing rental
permits and enforcing the provisions of this chapter. Said agency
or official shall be designated by resolution of the Village Board
but must be one of the following: the Chief Building Inspector or
his designee, or the Code Enforcement Officer.
FAMILY
One of the following:
A.
One, two or three persons occupying a dwelling unit; or
B.
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(1)
Evidence that four or more persons living in a single dwelling
unit who are not related by blood, marriage or legal custody shall
create a rebuttable presumption that such persons do not constitute
the functional equivalent of a traditional family.
(2)
The foregoing presumption may be rebutted by submitting evidence
to the Chief Building Inspector that all of the following are present:
(a)
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
(b)
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit; a unit in which various occupants
act as separate roomers is not deemed to be occupied by the functional
equivalent of a traditional family;
(c)
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
(d)
The group is permanent and stable; evidence for such permanency
and stability may include:
[1]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
[2]
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
[3]
Members of the household are employed in the area;
[4]
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
[5]
There is common ownership of furniture and appliances among
the members of the household; and
[6]
The group is not transient or temporary in nature.
(e)
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
(3)
An appeal from the Chief Building Inspector's determination
may be taken to the Village Board, by written request, within 30 days
of such determination. The Village Board shall hold a public hearing
on such appeal within 60 days after receipt of written notice of such
appeal and, after such hearing, shall make written findings and a
decision either sustaining or reversing such determination within
30 days after close of such public hearing.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents
or grandchildren.
MANAGING AGENT
Any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity responsible for the maintenance or operation
of any rental property as defined within this chapter.
OWNER
Any person, individual, association, entity or corporation
whose name is listed as grantee on the last deed of record for the
property, as recorded with the Suffolk County Clerk.
PERSON
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
PUBLISH
Promulgation of an available rental property 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.
REGIONALLY SIGNIFICANT EVENT
A major one-time or recurring event of limited duration that
is expected to draw significant numbers of visitors to the Village
of North Haven to attend, support or participate in such event.
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.
RENT
A return, in money, property or other valuable consideration
(including payout in kind or services or other thing of value), for
the use and occupancy or the right to the use and occupancy of a rental
property, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
RENTAL PERMIT
A permit issued by the enforcement authority issued to the
owner to allow the use or occupancy of a rental property.
RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence
by persons, other than the owner or the owner's immediate family,
and for which rent is received by the owner, directly or indirectly,
in exchange for such residential occupation. For purposes of this
chapter, the term "rental property" shall mean all non-owner-occupied
single-family residences, two-family residences, accessory apartments
and townhouses, and shall exclude:
A.
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
B.
Any legally operating commercial hotel/motel business or bed-and-breakfast
establishment operating exclusively and catering to transient clientele,
that is, customers who customarily reside at these establishments
for short durations for the purpose of vacationing, travel, business,
recreational activities, conventions, emergencies and other activities
that are customary to a commercial hotel/motel business.
SEASONAL USE DWELLING UNIT
The dwelling unit is registered/identified as a seasonal
use dwelling unit with the Village; the occupancy of the tenant is
only for seasonal use not to exceed 120 days or a shorter period provided
in the lease; and such tenant has a primary residence to return to,
the address which is expressly provided for in the lease.
TENANT
An individual who leases, uses or occupies a rental property.
TRANSIENT
A rental period of 14 days or less.
[Amended 2-15-2022 by L.L. No. 3-2022]
A. Where a dwelling unit is to be used as a rental property, an application
for a rental permit shall be filed with the enforcement authority
before the term of the rental is to commence.
(1) The owner of a rental property having failed to comply with the requirements of §
163-81A shall file all appropriate rental application documents within 30 days of the receipt of actual notice of said failure to comply. Actual notice shall include but not be limited to the issuance of a summons or notice of violation and/or written notice from any North Haven Village official.
B. The application shall contain the following:
(1) The name, date of birth, telephone number and address of the owner(s).
(a)
Proof of the legal residence of each owner.
(b)
In the event that the owner of the rental property is a corporation,
partnership, limited liability company, or other business entity,
the name, proof of legal residence, and telephone number of each owner,
officer, principal shareholder, partner and/or member of such business
entity shall be provided.
(c)
A copy of the last deed of record for the property, as recorded
with the Suffolk County Clerk, confirming the ownership of record
of the property.
(2) The name, address and telephone number of the managing agent, if
applicable.
(3) A writing, promulgated by the office of the Village Attorney, executed
by the owner(s) of the rental property, which designates either:
(a)
A person, firm or corporation with an actual place of business,
dwelling place, or usual place of abode located within the boundaries
of the Village of North Haven; or
(b)
The Village Clerk of the Village of North Haven as agent for
service for criminal and civil process pursuant to CPLR Section 318.
Every owner shall insure that the address for delivery of such process
is current and shall advise the Village Clerk whenever the address
is changed. The designated agent, upon receipt of service of process
under this designation, shall forthwith transmit by regular and certified
mail to the owner(s) of the rental property at the address included
on the owner's (owners') application.
(4) The location of the rental property, including the street address
and the Suffolk County Tax Map parcel number.
(5) The number of tenants intended to occupy the rental property.
(6) A copy of a contract with a carter providing for weekly pickup, at
a minimum, of refuse and proof by letter from the carter indicating
that full payment for the entire term of the rental has been made,
or, in the alternative, an affidavit from the owner acknowledging
responsibility for refuse removal in a timely and efficient manner.
(7) The period of the proposed occupancy.
(8) A floor plan depicting the location and size of each conventional
bedroom.
(9) A copy of the certificate of occupancy or preexisting certificate
of occupancy for the rental property.
(10)
Written certification from a licensed architect or licensed
engineer that states that the rental property fully complies with
all of the provisions of the Code of the Village of North Haven. The
certification shall include, but not be limited to, the number of
each bedroom, the square footage of each bedroom, a description of
every improvement indicated on the survey, and the existence of and
location of all smoke and carbon monoxide detectors. In lieu of the
provision of a certification, an inspection may be conducted by the
enforcement authority.
(11)
A copy of the executed lease agreement.
C. The owner(s) of the premises and the managing agent, if applicable,
shall submit an application that is signed, sworn to and notarized.
The enforcement authority shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental property unless the owner has elected to provide a certification from a licensed architect or a licensed engineer pursuant to §
163-81B(10). The enforcement authority shall not issue a rental permit, unless the application includes all of the requisite information and documents enumerated in §
163-81B(1) through
(10). If satisfied that the proposed rental property fully complies with the New York State Uniform Fire Prevention and Building Code and the Code of the Village of North Haven and that such rental property would not create a nuisance to an adjoining nearby property, the enforcement authority shall issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code and the Village of North Haven in existence at the premises.
It shall be the duty of the enforcement authority 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 rooms in the rental property, and the date
of expiration of the rental permit.
The enforcement authority and Village personnel who are engaged
in the enforcement of the provisions of this article 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. The enforcement authority and Village personnel who
are engaged in the enforcement of the provisions of this article are
authorized to enter upon any rental property with the consent of the
owner or managing agent if the rental property is unoccupied or upon
consent of the occupant if the rental property is occupied.
The enforcement authority and Village personnel who are engaged
in the enforcement of the provisions of this article are authorized
to make application for the issuance of a search warrant in order
to conduct an inspection of any rental property where the owner or
tenant refuses or fails to allow an inspection of its premises and
where there is reasonable cause to believe that a violation of this
article has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
[Amended 2-15-2022 by L.L. No. 3-2022]
The following shall be conditions precedent to the collection
of rent for the use and occupancy of a rental property:
A. The lease agreement must comply with NYS General Obligations Laws
regarding the collection of rent. If the lease period is 120 days
or less, the dwelling unit must be properly identified and include
all information required to qualify as a seasonal dwelling unit.
B. The existence of a valid rental permit for the rental property.
C. The tendering of a written receipt in exchange for any rent payment
offered in cash.
The presumptions set forth in §§
163-90,
163-91,
163-92, and
163-93, subject to the limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Village Code violations.
[Added 1-18-2022 by L.L. No. 1-2022]
The creation of fractional ownership, time-sharing, or interval
projects is prohibited in single-family residences within the Village.
A. Findings and purpose.
(1) An important function of local land use regulation is the establishment
and protection of single-family residential districts in which tranquil,
healthy, and safe neighborhood environments are maintained for the
quiet enjoyment of resident homeowners and their families.
(2) Fractional ownership, time-sharing, or interval ownership projects
have the same character as commercial hotels, motels, lodges, and
other commercial occupancy uses due to their transient nature and
multiple short-term (less than six months annually) occupancies. Such
commercial or quasi-commercial like uses are inappropriate in residential
areas due to the increased traffic generation and multiple occupancies
disturbing the peace and quiet of residential neighborhoods.
(3) The needs of transients are adverse to the interests sought to be
protected and preserved in single-family residential districts because
commercial uses for transients may sacrifice other values critical
to residential neighborhoods.
(4) The Village deems it necessary and appropriate to protect the existence
of single-family residences and the quiet and peace of the Village
by preventing unwarranted commercialization from encroaching therein,
including commercialization caused by the misuse of single-family
residences. Thus, the Village Board finds and determines that this
section is necessary to protect the public health, safety, and welfare
of the residents of the Village.
B. Prohibition of fractional ownership, time-sharing, or interval projects
in single-family zoning districts. The use of any property in any
single-family zoning district as a fractional ownership, time-sharing,
or interval project shall be prohibited. A fractional ownership, time-sharing,
or interval project shall exist if the following features are found:
(1) Multiple owners: ownership is divided amongst three or more unrelated
property owners, either through direct ownership of the property or
indirect ownership through a membership, stake, interest, share, association,
or similar device that grants entitlement to ownership rights or the
use or possession of a property for the purpose of interval occupancy.
(2) Time-sharing or interval occupancy: use, possession, or occupancy
of the property is transient in nature based on an arrangement, schedule,
plan, agreement, license, or any other means or scheme whereby an
owner of the property receives ownership rights or the right to use
the property for a period of time less than six months.
(3) Commercial purpose: use of the property is commercial in nature based
on an agreement, arrangement, or any other means or scheme whereby
the owners retain, hire, or otherwise utilize a third-party individual
or entity for a fee (service, management, etc.) to control, manage,
or facilitate scheduling the use or occupancy of the property.
C. Exceptions. This subsection shall not be deemed to preclude the creation
of mortgages, liens, easements or other similar interests encumbering
the residential property as a whole to secure a loan or for any other
legitimate purposes.
D. Severability. If any section, subsection, sentence, clause or phrase
of this section is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
E. Injunctive relief. Any land use activity conducted contrary to this
chapter may be enjoined or restrained by injunction or otherwise abated
in a manner provided by law.
F. Violations and penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $500, or imprisonment for a period not to
exceed six months, or both, for conviction of a first offense; for
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $750 nor
more than $1,000, or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $2,500, or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate additional violation.