[HISTORY: Adopted by the Town Board of the Town of New Paltz 11-18-2021 by L.L. No.
4-2021. Amendments noted where applicable.]
This chapter shall be entitled "Rental and Vacant Residential
Properties."
A.
The Town Board of the Town of New Paltz finds and determines that
current economic conditions are causing an increase in the number
of one- and two-family residential properties in the Town that are
owned by persons or business entities who do not reside at or occupy
the property, including lending institutions which have foreclosed
upon such properties or have acquired a beneficial interest in such
properties from an owner unable or unwilling to continue payments
upon a mortgage. Some of those properties are therefore vacant for
extended periods of time, and often maintained or managed by a third
party, such as a property manager, who may not be available to emergency
responders or Town officials in the event of an emergency.
B.
The Town Board further finds that current economic conditions have
the additional potential for an increase in the number of illegal
or unauthorized residential rental units in the Town, creating public
health, safety and welfare concerns arising from the rental of one-
and two-family residential buildings with dwelling units that may
be inadequate in size, overcrowded, not constructed or maintained
in compliance with applicable provisions of the New York State Uniform
Fire Prevention and Building Code ("NYS Fire and Building Code"),
the New York State Multiple Residence Law ("Multiple Residence Law"),
the Town Zoning Law, or other applicable state or local laws. Such
conditions have potential to contribute to parking and traffic problems,
to adversely impact natural and man-made resources and services and
may require police, fire and emergency service demands in excess of
the anticipated demand of single-family housing units, thus overburdening
municipal services.
C.
Among the purposes and intent of this chapter is to establish and
maintain a register of the current owners of one- and two-family residential
rental properties; to require that such owners designate a responsible
contact person for such properties and maintain current contact information
on file with the Town, and promptly inform the Town of any change
in ownership of such properties; to create a system whereby the owners
of such buildings are required to register such buildings; to provide
contact information for the owner or a responsible person for such
properties and to promptly inform the Town of any change in ownership
of such properties; and to establish and maintain procedures for the
inspection of such properties to ensure that they are maintained in
compliance with the Uniform Fire Prevention and Building Code and
the NYS Multiple Residence Law, and that vacant buildings are adequately
secured.
D.
In considering the adoption of this chapter, the Town Board recognizes the importance of agricultural uses and operations to the Town and the regional economy and encourages the preservation and operation of such agricultural operations in the Town. Accordingly, it is not intended that this chapter shall be applied to agricultural uses within the Town, as such uses are defined in Chapter 140 of the Town Code.
E.
In considering the adoption of this chapter, the Town Board also
recognizes the importance of protecting housing affordability within
the community for long-term residents, whether owners or renters and
it is not intended that this chapter be applied to owner-occupied
dwellings (long- or short-term rentals), multiple dwellings, accessory
dwellings or to "bed and breakfast" establishments as such uses are
defined in this chapter. Accordingly, it is the intent of this chapter
to apply to nonowner-occupied permanent (or "long-term") and short-term
rentals.
As used in this chapter, these terms shall have the following
meanings:
A legal action or proceeding instituted in a court of competent
jurisdiction to enforce this chapter.
That part of a single-family dwelling consisting of one or
more rooms containing at least one bathroom and one kitchen and arranged
to be occupied by an individual or individuals, which room or rooms
are separated and set apart from all other rooms within the single-family
dwelling.
An owner-occupied dwelling affording overnight accommodations for paying, transient guests that provides limited food services and is limited to five guest bedrooms. Bed-and-breakfast establishments are subject to the requirements as set forth in Chapter 140 of the Town Code.
Any structure having a roof supported by columns or walls
used for, or intended to be used for, the shelter or enclosure of
persons, animals, or property. As used in this chapter, the term "building"
shall include a structure erected for such purpose.
The Building Department of the Town of New Paltz, which includes,
where appropriate, the Building Inspector, Code Enforcement Officer
or any other official charged by the Town Board with administration
or enforcement of the provisions of this chapter.
The Uniform Fire Prevention and Building Code of the State
of New York, as amended from time to time.
The name, residential address and mailing address, business
telephone number, home telephone number, cell telephone number, fax
number and e-mail address of an owner, or other designated individual
required to provide contact information by this chapter, and, if such
owner is a corporation or other business entity, and a managing agent
or other designated individual authorized to accept service of process
on behalf of the entity is not designated at the time of registration,
the name and address of such entity and the name and residential and
business address, together with the business telephone number, cell
phone number, fax number and e-mail address, of the president and
of the treasurer of such corporation or organization.
A natural person, 18 years of age or over, who is an owner
or representative of the owner, and who resides within 15 miles of
a Town boundary upon whom process may be served on behalf of the owner.
A building or portion thereof providing complete housekeeping
facilities for one family.
One person or two or more persons related by blood, marriage,
or adoption or not more than five persons not necessarily related
by blood, who live together in a single dwelling unit and maintain
a common household.
A dwelling or premises or portion thereof with a bed or beds
and bathroom facilities for the use of the person or persons occupying
the dwelling, premises, or portions thereof.
Payment by cash, check, money order, credit card, Bitcoin,
barter, promise to pay at a future date, or other valuable consideration.
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
from each other.
A building in which its owner or lessee does not actually
reside or in which its owner or lessee actually resides for less than
nine calendar months during each calendar year, a portion of which
is occupied by one or more persons as a short-term rental as such
term is defined in this chapter, whether or not such owner or lessee
actually resides within such building during all or any portion of
the period of short-term rental.
The premises owner of record filed in the Ulster County Clerk's
Office or other permanent resident(s) of the premises occupying living
accommodations.
To personally or through an agent, referral service, representative
or other entity or person, communicate or advertise, verbally, in
writing, or through electronic means or otherwise, including the Internet,
the availability for rental, license, or similar use of any living
accommodations, or to knowingly allow, commission, authorize, or permit
such communication or advertisement.
A building designed or used principally as the living quarters for one or two families. For purposes of this chapter, the term "dwelling" includes a building used as a "one-family dwelling" or "two-family dwelling" and any accessory buildings located on the same lot or parcel of land, but shall be deemed to exclude buildings or portions of buildings lawfully used for "multifamily dwelling," "multiple dwelling," "dwelling group" or "condominium unit" and buildings lawfully used for "motel," "hotel" or other commercial accommodations used for more-or-less transient occupancy, whether or not units in such buildings are rented or offered for rent. The use of a one- or two-family dwelling as a "boardinghouse," "rooming house" or "fraternity/sorority house" as those terms are defined by Chapter 140 of the Town Code, or as a similar use, is not permitted.
Any individual or individuals, partnership, corporation,
limited liability company or other organization, whether for-profit
or otherwise, in whose name record title to a property or building
is held by deed, contract of sale or judicial determination. Except
for purposes of defining an "owner-occupied building," the term "owner"
shall include a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person, firm
or corporation in control of the property and with the power to exclude
others.
A building or structure containing one or two dwelling units
within which at least one natural person in whose name record title
to the property or building is held has established and maintains
his or her primary residence and actually resides therein for at least
nine calendar months during each calendar year. Upon request of the
Town of New Paltz, any owner who claims to occupy a dwelling unit
in such building shall provide an affidavit providing sufficient information
to demonstrate the basis for his or her claim that the premises are
owner-occupied.
For purposes of this definition, the following shall apply:
Trusts. If legal title to the property is held by one or more
trustees, the beneficial owner or owners shall be deemed to be the
owner;
Corporation. If legal title to the property is held by an S-corporation
or by a C-corporation, a shareholder of such corporation who has established
and maintains such property as his or her primary residence and actually
resides therein shall be deemed to be the owner;
Partnership. If legal title to the property is held by a partnership,
one or more of the partners thereof who has established and maintains
such property as his or her primary residence and actually resides
therein shall be deemed to be the owner;
If legal title to the property is held by a limited partnership,
one or more of the partners thereof who has established and maintains
such property as his or her primary residence and actually resides
therein shall be deemed to be the owner; and
Where a person is the owner of a present interest in the property
under a life estate and has established and maintains such property
as his or her primary residence and actually resides therein, such
person shall be deemed to the owner.
An owner or lessee's primary residence in which such
owner or lessee actually resides for at least nine calendar months
during each calendar year, a portion of which is occupied by one or
more persons as a short-term rental as such term is defined in this
chapter.
A period of 30 nights or more.
Immovable property owned or leased by the premises owner
or lawful lessee, as applicable.
A person having lawful ownership title or interest in the
premises.
The property an individual permanently occupies for the sole
purpose of a private dwelling in which such individual actually resides
for at least nine calendar months during each calendar year. The primary
residence may be documented by the address listed on the individual's
federal and state tax returns or NYS Star Exemption Status. A person
shall be deemed to have one primary residence.
A building designed or used as a one- or two-family building
or any part of a building which contains living and sleeping accommodations
for permanent occupancy as a dwelling unit, but not a multifamily
building subject to the Multiple Residence Law, a residential condominium,
or a lawfully established residential use containing more than two
dwelling units or intended for transient dwelling, such as a hotel,
motel, dormitory or hospital; or that part of a mixed-use building
that is used for nonresidential uses.
A parcel or tract of land with a building containing one
or two single-family dwelling unit(s) with living, kitchen, sanitary
and sleeping facilities for a family, which units are rented by, or
offered for lease or rental by, an owner or owners who does not reside
in one of the dwelling units or sleeping units on the property to
any individual(s) or any entity, whether rented by verbal contract
or written contract (lease) for agreed terms.
A single unit providing rooms or spaces for one or more persons
that includes permanent provisions for sleeping and can include provisions
for living, eating and either sanitation or kitchen facilities but
not both. Such rooms and spaces that are also part of a dwelling unit
are not sleeping units.
A dwelling unit, including but limited to a house, apartment
or living accommodation, that is rented, in whole or in part, to any
person or entity for a period of 29 consecutive nights or less. "Rental"
means an agreement or license, written or oral, granting use or possession
of a residence, in whole or part, to a person in exchange for monetary
compensation. "Short-term rental" shall also mean the selling of shares,
time-share ownership or the establishing of other ownership, tenancy
or use arrangement in which a person obtains a right of occupancy
in all or any portion of a residential dwelling unit.
A period of 29 nights or less.
A building containing one or two single-family dwelling unit(s)
with living, kitchen, sanitary and sleeping facilities for a family,
which is not occupied for more than six months, except in the case
of a building which is unoccupied due to damage caused by an act of
God in which case such building shall become vacant if unoccupied
or unused for more than nine months. A two-family residential building
shall not be deemed vacant if one of the dwelling units is occupied.
A.
Every owner of a residential rental property, as defined by this
chapter, that exists on the date of adoption of this chapter, shall
file a landlord registration statement ("statement") with the Building
Department and obtain a residential rental registration permit within
60 days of the effective date of this chapter which shall be valid
for a period of one year from the date of issuance.
B.
Every owner of a residential rental property, as defined by this
chapter, that is offered for rent or lease, is rented or leased, or
is to be occupied by someone other than the owner after the date of
adoption of this chapter, shall file a landlord registration statement
with the Building Department and obtain a residential rental registration
permit prior to offering such premises to a tenant or allowing occupancy
of the property by someone other than the owner. Such permit shall
be valid for a period of one year from the date of issuance.
C.
Every owner, mortgagee or mortgage loan servicer associated with
a vacant residential building (VRB), as defined by this chapter, shall
file a registration statement ("statement") with the Building Department
within 60 days of the effective date of this chapter which shall be
valid for a period of one year from the date of issuance.
D.
The statement, in the form required by the Building Department, shall
be filed together with such fee as is required by resolution of the
Town Board.
(1)
The statement shall be reviewed by the Building Department within
14 business days of its submission to determine if it meets the requirements
of this chapter.
(2)
Should the Building Department determine that the statement is incomplete,
inaccurate, defective, or untrue in any material respect, the statement
shall be rejected and returned to the owner or to the owner's
agent, if filed by the agent, with notice that the statement is not
in compliance with this chapter. The owner shall make corrections
to the submission within 30 days of the date of notice of noncompliance.
Should such corrections not be made within the allotted time, the
registration shall be denied, and a new submission will be required.
(3)
A property maintenance inspection will be scheduled within five business
days of approval of the statement to ensure that the premises is in
compliance with the Uniform Fire Prevention and Building Code and
the Town Code.
A.
The landlord registration statement shall include, but is not limited
to, the following information:
(1)
The location of the premises, identified by street number and by
the section, block and lot number assigned to the premises on the
Tax Map of the Town of New Paltz.
(2)
The owner's contact information, as defined by this chapter.
(3)
Designation of a managing agent for the property, if any, or a responsible
person, and the contact information for such agent or person:
(a)
In the event an owner does not reside or maintain an office
for the conduct of its business within 15 miles measured from the
nearest geographical boundary of the Town of New Paltz, the owner
shall provide a local contact designation form ("designation form")
to the Building Department, which shall designate a local contact
person ("designated person"). The form shall provide the name and
contact information of the designated person. The designation form
shall be signed by the owner and shall designate such individual as
the person upon whom process may be served on behalf of the owner.
The designation form shall include a written consent to such designation
signed by the designated person.
(b)
The owner or designated person shall keep a current record of
all tenants, and their names and addresses, telephone numbers and
e-mail addresses who are renting, leasing or living in the premises.
(c)
An owner who is a natural person and who meets the requirements
of this subsection as to the location of the residence may designate
himself or herself as such designated person.
(d)
A corporation or limited liability company which is an owner
of real property may designate as its local contact person any officer
of such corporation or company who meets the requirements of this
subsection as to location of the residence.
(e)
Any designation of a local contact person made pursuant to this
section shall remain in full force and effect until changed or terminated
as hereinafter provided.
(f)
The owner is required to always keep this designation information
current. An owner may terminate a designated person by filing with
the Building Department a written statement designating a new person
made in conformity with the provisions of this chapter.
(g)
The owner shall provide, keep, and maintain a copy of the certificate
of occupancy.
B.
The landlord registration statement and designation form, if any,
shall be signed by the owner and his or her managing agent or designated
responsible person, if any, or, if such owner is a corporation or
other organization, by the president or treasurer thereof. The owner
shall attest to the following certification:
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"I certify that all information contained in this
statement is true and correct to the best of my knowledge and belief.
I understand that I am responsible for keeping all information current.
I understand that the willful making of any false statement of material
fact herein will subject me to the provisions of law relevant to the
making and filing of false instruments and shall constitute a violation
of this chapter."
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C.
A landlord registration statement or local contact designation shall
be deemed prima facie proof of the truth of the statements therein
in any action or proceeding.
The VRB shall include, but is not limited to, the following
information:
A.
The location of the premises, identified by street number and by
the section, block and lot number assigned to the premises on the
Tax Map of the Town of New Paltz.
B.
The owner's contact information, as defined by this chapter
or the mortgagee or mortgage loan servicer associated with the property.
C.
In the event an owner, mortgagee or mortgage loan servicer does not
reside or maintain an office for the conduct of its business within
the Town of New Paltz, the owner, mortgagee or mortgage loan servicer
shall provide a local contact designation form ("designation form")
to the Building Department, which shall designate a local contact
person ("designated person"). The form shall provide the name and
contact information of the designated person. The designation form
shall be signed by the owner, mortgagee or mortgage loan servicer
and shall designate such individual as the person upon whom process
may be served on behalf of the owner, mortgagee, or mortgage loan
servicer. The designation form shall include a written consent to
such designation signed by the designated person.
A.
Fee(s) for required registration and inspection shall be determined
by resolution adopted by the Town Board and contained in the Town
Fee Schedule.
B.
Fee(s) for expedited registration and inspections shall be determined
by resolution adopted by the Town Board and contained in the Town
Fee Schedule.
C.
Fee(s) for inspections required due to violations of this chapter
shall be determined by resolution adopted by the Town Board and contained
in the Town Fee Schedule.
D.
Fee(s) for amended registrations due to noncompliance of this chapter
shall be determined by resolution adopted by the Town Board and contained
in the Town Fee Schedule.
E.
Payment shall be made to the Building Department with submission
of such registration form.
A.
It shall be a violation of this chapter for an owner to offer any
building for rent, or to rent any building, or to allow any building
to be occupied, other than by the owner of the property, without first
submitting a landlord registration and designation form, and obtaining
a residential rental registration permit.
B.
It shall be a violation of this chapter for an owner to fail to maintain
any residential rental building in accordance with the requirements
of this chapter.
C.
It shall be a violation of this chapter for an owner to fail to maintain
the landlord registration statement or designation in compliance with
the requirements of this chapter during all times that the owner rents
a residential rental property or offers such property for rent.
D.
It shall be a violation of this chapter for an owner to fail to provide,
maintain, or disable a carbon monoxide detector or a smoke detector
required by law. When such detectors are required to be installed
in or immediately adjacent to sleeping rooms, they shall be interconnected.
E.
It is the responsibility of the property owner to comply with all
terms and provisions of this chapter and to ensure that his or her
rental tenants, guests and invitees comply with this chapter and the
terms and conditions of a rental permit shall be attributed to the
failure of the property owner to discharge his or her responsibility
to ensure such compliance.
A.
This chapter shall be enforced by the Building Inspector, the Code
Enforcement Officer, or any other official or representative of the
Town of New Paltz duly designated by the Town Board, hereinafter referred
to as the "Enforcement Officer."
B.
Upon receipt of a complaint or upon the Enforcement Officer's
own initiative, the Enforcement Office is authorized to investigate
any property to determine compliance with this chapter.
C.
In the event that an investigation by the Enforcement Officer demonstrates
reasonable cause to believe that a violation of this chapter has occurred,
the Enforcement Officer shall issue a notice and order to remedy violation
for any violation of any provision of this chapter and is authorized
to commence, in any court of competent jurisdiction, a prosecution
for such violation and arrange for the issuance of process pursuant
to the Criminal Procedure Law to secure the attendance of the accused.
D.
The Enforcement Officer is authorized to include, as a condition
in any notice and order to remedy violation, a direction that the
owner to whom such notice and order is directed appear and attend
before the Enforcement Officer at a time and place set forth in such
notice, or at any recessed or adjourned date with the consent of the
Enforcement Officer, for the purpose of preparing and filing a landlord
registration statement and for the purpose of obtaining a residential
rental registration permit as required by this chapter in order to
ensure compliance with the purposes and intent of this chapter.
E.
Any owner who shall fail to comply with the directives in a notice
and order to remedy violation issued by the Enforcement Officer within
the time limit stated thereon, including the failure to prepare and
file a landlord registration statement or a residential rental registration
permit or both as required by this chapter shall be deemed to have
committed a separate offense against this chapter and shall also be
liable for any such violation or the penalty therefor.
F.
In the event that an appearance ticket is issued following a violation
of the provisions of this chapter, an answer to such appearance ticket
shall be made to the Town Court of the Town of New Paltz on the return
date at the time and place specified in said appearance ticket.
A.
Any person who violates any of the terms of this chapter shall be
deemed to have committed an offense against this chapter and shall
be liable for any such violation or the penalty therefor.
B.
Each violation of this chapter is hereby declared to be an offense,
punishable by a fine up to $500 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of one year, punishable by a fine not less than $500 nor more than
$1,500 or imprisonment for a period not to exceed 15 days, or both;
and, upon conviction for a third or subsequent offense, all of which
were committed within a period of two years, punishable by a fine
not less than $1,500 nor more than $3,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter (except for a first offense) shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations.
C.
Each day that the violation continues shall be deemed a separate
violation.
D.
In addition to the penalties provided above, any person violating
this chapter shall be subject to a civil penalty, enforceable and
collectible by the Town, not exceeding $1,000 for a first offense;
for a second violation committed within five years next following
a first violation, to a civil penalty, enforceable and collectible
by the Town, not exceeding $2,000, and for each subsequent violation,
to a civil penalty, enforceable and collectible by the Town, not exceeding
$3,500.
E.
In addition to the penalties above provided, the Town Board may also
maintain an action or proceeding in the name of the Town, in a court
of competent jurisdiction, to compel compliance with or to restrain
by injunction the violation of this chapter.
F.
No penalty provided for by this chapter shall be deemed exclusive.
The Building Inspector shall have discretion to seek one or more of
the penalties provided herein in a court of competent jurisdiction.
G.
The penalties for violation of this chapter shall be in addition
to any penalties imposed for violation of other provisions of the
Town Code and the New York State Uniform Fire Prevention and Building
Code.
