[HISTORY: Adopted by the Board of Trustees of the Village of Laurel Hollow as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-2020 by L.L. No. 8-2020]
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer or Building Inspector of the Village 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:
- A. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, inclusive of household staff, shall constitute a family; or
- B. 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.
- 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.
- RENTAL DWELLING
- A dwelling established, occupied, used or maintained for rental occupancy.
- A. 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.
- B. 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.
- C. There is a rebuttable presumption that any occupancy or use of a dwelling is a rental occupancy if the owner of the building containing the dwelling does not reside therein.
- D. The provisions of this chapter shall not apply to a member or members of an owner's family as defined herein.
It shall be unlawful and a violation of this chapter 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 without the owner first having completed and filed with the Village Clerk a rental registration form approved by the Code Enforcement Officer. A new form must be filed whenever a dwelling has become vacant and the owner intends to permit a new tenant to take up residence.
It shall be unlawful and a violation of this chapter 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 first having filed with the Village Clerk a copy of the rental agreement and a form approved by the Code Enforcement Officer identifying the tenants. A rental agreement and new tenant identification form must be filed whenever a dwelling becomes vacant and the owner intends to permit a new tenant to take up residence.
Under Public Officers Law § 872(b), rental registration forms, rental agreements, and tenant identification forms 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.
Any broker or agent who has earned a commission or other compensation for renting or leasing a dwelling 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. Failure to file shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York.
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:
By a fine of not less than $1,000 and not exceeding $2,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
By a fine of not less than $1,500 and not more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a second offense.
By a fine of not less than $2,000 and not more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years.
Each week's continued violation shall constitute a separate additional violation.
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.