[Added 11-5-2001 by L.L. No. 6-2001;
amended 3-10-2020 by L.L. No. 2-2020]
[Amended 2-15-2022 by L.L. No. 3-2022]
The following terms shall have the meanings indicated:
As defined in § 163-5.
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.
One of the following:
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
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.
The foregoing presumption may be rebutted by submitting evidence
to the Chief Building Inspector that all of the following are present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
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;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable; evidence for such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
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.
The owner's spouse, children, parents, siblings, grandparents
or grandchildren.
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.
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.
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
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.
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.
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.
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.
A permit issued by the enforcement authority issued to the
owner to allow the use or occupancy of a 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:
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
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.
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.
An individual who leases, uses or occupies a rental property.
A rental period of 14 days or less.
A.
Scope. This article shall apply to all rental properties located
within the Village, whether or not the use and occupancy thereof shall
be permitted under the applicable use regulations for the zoning district
in which such rental property is located.
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, town, 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. For the purposes of the issuance of appearance tickets pursuant to the New York State Criminal Procedure Law and Village of North Haven Code Chapter 6, Appearance Tickets, a violation of this article shall be deemed a violation of a Building Code.
C.
The name of the tenant, date of birth of the owner(s), and the telephone
number of the owner(s) information provided in an application for
a rental permit under this article shall be deemed personal and private
in nature, and the release or disclosure of said information pursuant
to public request shall be deemed to constitute an unwarranted invasion
of personal privacy under New York State Public Officers Law, Article
6, §§ 84 through 90, and shall not be authorized.
A.
Effective March 11, 2020, no owner shall cause, permit or allow the
occupancy or use of a dwelling unit as a rental property without a
valid rental permit.
B.
Effective March 11, 2020, no person shall occupy or otherwise use
a dwelling unit as a rental property without a valid rental permit
being issued for the dwelling unit.
C.
A rental permit issued under this article shall only be issued to
the owner(s) of the real property at issue.
A.
All permits issued pursuant to this article shall be valid for a
period of two years from the date of issuance.
B.
A renewal rental permit application signed by the owner shall be
completed and filed with the enforcement authority before the expiration
of any valid rental permit. The renewal rental permit application
shall contain the following:
(1)
An official copy of the prior valid rental permit;
(2)
A signed and sworn affidavit by the owner affirming that the rental
property, to the best of his/her knowledge, fully complies with all
of the provisions of the Code of the Village of North Haven and the
New York State Uniform Fire Prevention and Building Code, that the
structure has not been physically altered in any way, except in full
conformance with a valid building permit, and the owner is not aware
of the property being in violation of the Code of the Village of North
Haven or the New York State Uniform Fire Prevention and Building Code.
C.
In the event of a change in tenancy occurring during a permit term,
the owner shall notify the enforcement authority, in writing, of the
identity of the new tenants, together with the license plate number
of each tenant.
[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.
A.
A nonrefundable biennial permit application fee, in the amount of
$400, shall be paid upon the filing of an application for a rental
permit or a renewal rental permit and if the required inspection is
performed by the Village Building Inspector or his designee.
B.
The nonrefundable biennial rental permit application fee shall be $250 if the owner of a rental property elects to provide a 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 pursuant to § 163-81B(10).
C.
If an owner of a rental property is found by any court of competent
jurisdiction to have violated this article, the nonrefundable biennial
rental permit application fee will be $600.
A.
A rental property shall only be leased, occupied or used by a family
as defined by this article.
B.
No rental property shall be occupied by more than the number of persons
permitted to occupy the dwelling unit under Section 404 of the Property
Maintenance Code of the New York State Uniform Fire Prevention and
Building Code.
C.
No rental property shall be rented more than once in a two-week period.
D.
A transient rental is prohibited, except, after a determination has
been made by the Village Board that local transient housing capacity
is likely to be inadequate during a regionally significant event,
the Village Board may, by resolution, temporarily suspend the transient
rental prohibition for specific dates.
E.
No bedrooms shall be permitted in the basement of a rental property.
F.
The selling of shares to tenants where they obtain rights for use
and/or occupancy in a dwelling for less than a month shall be prohibited.
G.
The leasing, occupancy or use by a tenant of less than the entire
rental property is prohibited.
H.
The owner(s) and tenant(s) shall ensure that all applicable parking
regulations provided for in the Code of the Village of North Haven
are satisfied. Notwithstanding anything to the contrary, no more than
four cars shall be parked at any rental property between the hours
of 1:00 a.m. and 6:00 a.m. during the term of a rental period.
I.
A rental property shall only be occupied or otherwise utilized in
accordance with the certificate of occupancy issued for the dwelling
unit.
J.
The owner(s) and tenant(s) shall ensure that all property maintenance
regulations provided for in § 55—22 of the Code of
the Village of North Haven are satisfied.
K.
Dumpsters shall be prohibited in the required front yard and right-of-way.
The enforcement authority is authorized to promulgate additional site-specific
conditions associated with dumpsters, screening facilities, and off-street
parking requirements for rental properties regulated under this article.
Any such conditions shall be in writing and attached to 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.
A.
The enforcement authority shall revoke a rental permit when he or
she finds that the permit holder has caused, permitted or allowed
to exist and remain upon the rental property a violation of any provision
of the Code of the Village of North Haven for a period of 14 days
or more after written notice has been given to the permit holder,
managing agent, or tenant of such rental property.
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 within 60 days after receipt of written notice
of such appeal and, after such hearing, shall make written findings
and a decision either sustaining such permit revocation or reinstating
such permit within 30 days after close of such public hearing. If
a rental permit is revoked, the property owner shall be precluded
from submitting an application for a rental permit for a period of
one year.
[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.
A.
The presence or existence of any of the following shall create a
presumption that a dwelling unit is being used as a rental property:
(1)
The property is occupied by someone other than the owner or his/her
immediate family;
(2)
Voter registration, motor vehicle registration, a driver's license,
or any other document filed with a public or private entity which
states that the owner of the rental property resides at an address
other than the rental property;
(3)
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;
(4)
Persons residing in the dwelling unit represent that they pay rent
to occupy the premises;
(5)
A dwelling unit which has been published as being available for rent;
B.
The foregoing may be rebutted by evidence presented to the enforcement
authority or any court of competent jurisdiction.
A.
It shall be presumed that a single- or one-family dwelling unit is
occupied by more than one family if any two or more of the following
features are found to exist on the premises:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one gas meter;
(3)
More than one electric meter annexed to the exterior of the premises;
(4)
More than one doorbell or doorway on the same side of the dwelling
unit;
(5)
More than one connecting line for cable television service;
(6)
More than one antenna, satellite dish, or related receiving equipment;
(7)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(8)
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 area;
(9)
There are separate entrances for segregated parts of the dwelling;
(10)
There are partitions or internal doors which may serve to bar
access between segregated portions of the dwelling, including but
not limited to bedrooms;
(11)
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among the owner
and/or occupants and/or persons in possession thereof;
(12)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(13)
Two or more kitchens, each containing one or more of the following:
a range, oven, hotplate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator;
(14)
There are bedrooms that are separately locked.
B.
If any two or more of the features set forth in Subsection A(1) through (14) are found to exist on the premises by the enforcement authority or Village personnel engaged in the enforcement of the provisions of this article, a verified statement will be requested from the owner of the dwelling unit by the enforcement authority that the dwelling unit is in compliance with all of the provisions of the Code of the Village of North Haven, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the enforcement authority within 10 days of such request, such shall be deemed a violation of this article.
A.
It shall be presumed that an owner of a rental property does not
reside within said rental property if any of the following sets forth
an address other than that of the rental property:
B.
The foregoing may be rebutted by evidence presented to the enforcement
authority or any court of competent jurisdiction.
A.
A violation of this article by the owner(s) and/or tenant(s) shall
be punishable as follows:
(1)
A violation of § 163-81A, 163-81A(1), or 163-85A through L is hereby declared to be an offense punishable by a fine not less than $250 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense;
(2)
A second or subsequent violation of this article within an eighteen-month
period is hereby declared to be an offense punishable by a fine not
less than $3,000 nor more than $5,000 or imprisonment not to exceed
a period of six months, or both;
(3)
For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this article, other than §§ 163-81A and/or 163-81A(1), shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.
B.
Additionally, in lieu of imposing the fines authorized in § 163-95A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 163-95A nor more than double the amount of the rent collected over the term of the occupancy.
C.
The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant had cooperated with the Village
of North Haven in the investigation and prosecution of a violation
of this article. Factors which the court may consider include, but
are not limited to, a report from the office of the Village Attorney
confirming that the defendant did in fact cooperate and whether:
(1)
The defendant reported the violation(s) to the Village of North Haven;
(2)
The defendant assisted the Village of North Haven in investigating
and prosecuting the violation(s);
(3)
The defendant provided access to the rental property;
(4)
The defendant promptly pursued his/her/its own rights under the lease
to remedy the violation or adequately pursued an eviction proceeding;
(5)
All violations existing at the rental property have been promptly
remediated.
D.
Where authorized by a duly adopted resolution of the Village Board,
the Village Attorney may bring and maintain a civil proceeding, in
the name of the Village, in the Supreme Court, to permanently enjoin
the person or persons conducting, maintaining or permitting said violation.
The owner and tenants of the residence wherein the violation is conducted,
maintained or permitted may be made defendants in the action.
(1)
If a finding is made by a court of competent jurisdiction that the
defendants or any of them has caused, permitted, or allowed a violation
of this article, a penalty to be jointly and severally included in
the judgment may be awarded at the discretion of the court in an amount
not to exceed $1,000 for each day it is found that the defendants
or any one of them individually caused, permitted or allowed the violation.
Upon recovery, such penalty shall be paid into the Village General
Fund.
[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.
