For use in this chapter only, the following words and phrases
shall have the meanings respectively ascribed to them in this section:
ASSEMBLY
Includes but is not limited to a wedding, bachelor or bachelorette
party, or similar party activity.
DWELLING UNIT
A single- or two-family dwelling unit providing complete,
independent living facilities for one or more persons, including permanent
provisions for living, eating, cooking and sanitation.
LANDLORD AND OWNER
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
OWNER-OCCUPIED
A one- or two-family house or multiple dwelling building
used by the owner as his or her or their principal residence (domicile).
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.
ROOM or ROOMS
A bedroom or group of bedrooms in a one- or two-family house
used for short-term rentals, where there are no provisions for eating
or cooking, but may include the use of private or shared bathroom
facilities.
SHORT-TERM RENTAL
Can be comprised of dwelling unit(s), a room, or a group
of rooms legally established within one- or two-family residences
that may or may not be owner-occupied, other than the owner's
immediate family, where the dwelling unit(s), room or group of rooms
are rented, leased or otherwise assigned for a tenancy of less than
30 consecutive days and where no meals are served. The "short-term
rental" does not include mixed-use buildings, multiple dwelling buildings,
dormitories, hotel or motel rooms, bed-and-breakfast inns, or boarding
or lodging houses.
TENANTS
Those persons who have leased the dwelling unit from the
owner or landlord, regardless of the type of tenancy under which they
occupy the rental unit.
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short-term
rental:
A. The property is offered for lease or rent on a short-term rental
website, including but not limited to Airbnb, HomeAway, VRBO, Craigslist
and similar websites; or
B. The property is offered for lease or rent by the use of any other
advertising mechanism for a period of less than 30 days.
A short-term rental permit shall be valid for a period of two
years from the date of issuance unless sooner terminated or revoked.
A short-term rental permit may be renewed by application to
the Building Department with payment of a nonrefundable renewal fee
which shall be set by resolution from time to time by the Village
Board and the production of any documents deemed necessary by the
Building Inspector. All applications for a renewal of a permit shall
be filed before the expiration of the original permit.
An application for the issuance of a short-term rental permit,
or renewal thereof, may be denied under the following circumstances:
A. Failure of the owner to file a full, true and complete application;
or
B. Occupancy of the property or the short-term rental use area(s), by
the persons using the premises, creates a hazard or public nuisance
or other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community as determined by the
Building Inspector; or
C. The property has open violations issued by the Building Department
or other department within the Village of Haverstraw and/or the Rockland
County Department of Health; or
D. The property owner had a previous short-term rental permit revoked
by the Village of Haverstraw; or
E. The property owner(s) were issued two or more noise ordinance violations
during the previous 12 months.
The grounds upon which a permit can be revoked shall include
but not be limited to the following:
A. The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing; or
B. Failure to comply with or violate the conditions and restrictions
of the permit as established by the Building Inspector; or
C. Occupancy of the property or the short-term rental area(s) by the
person(s) using the premises creates a hazard or public nuisance or
other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community, as determined by
the Building Inspector; or
D. Failure to maintain compliance with all applicable state, federal
and local laws.
Revocation notices shall be in writing, shall identify the property
or premises, shall specify the violation or remedial action to be
taken and shall provide that said violation must be corrected within
10 days from the receipt of said violation notice unless said ten-day
period shall be extended in the discretion of the enforcement officer
issuing such revocation notice or unless a shorter period of time
has been prescribed for in this chapter. Revocation notices shall
be served by hand delivery at the property or by posting on the front
door of the residence if no one is available for delivery, or by regular
mail or certified mail. If notice is returned by the Post Office as
undeliverable for any reason, as long as it was properly addressed,
service of the notice shall be valid. The landlord and resident agent
may file a written notice of appeal by hand delivery of mail received
by the Village Clerk's office prior to the expiration of the
said ten-day period.
At the request of the Inspecting Office, the Village Attorney
is authorized to make an application to Justice Court of the Village
of Haverstraw or any other court of competent jurisdiction for the
issuance of a search warrant, to be executed by a police officer,
Building Inspector, Fire Inspector or Code Enforcement Officer to
conduct an inspection of any premises to be subject to the registry
jurisdiction of the chapter. The Inspecting Office may seek a search
warrant whenever the owner or occupant fails to allow inspection of
any short-term rental dwelling unit where there is reasonable cause
to believe that a violation of this chapter or a violation of the
New York State Uniform Fire Prevention and Building Code or any code
of the Village of Haverstraw has occurred. The application for a search
warrant shall in all respects comply with applicable laws of the State
of New York.
Nothing in this chapter shall prevent any member of the public,
prospective tenant or any resident of the Village of Haverstraw from
determining whether any particular short-term rental property has
been registered pursuant to this chapter. The general public shall
have access to said owner/landlord registration statements upon filing
of the proper Freedom of Information Lawform.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
chapter.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, then the property covered by this chapter will be assessed
for the unpaid penalties and shall be collected in the same manner
and time as Village taxes.
If any section, paragraph, clause, provision or portion of this
chapter shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the balance of this chapter as a
whole or any part or provision other than the part held to be invalid
or unenforceable.