The City of Beacon finds that there are numerous City residential
and commercial properties owned by persons who do not occupy said
property. It is important for the effective enforcement of applicable
fire and housing codes and to better protect the health and safety
of those located in and near non-owner-occupied residential and commercial
properties that a current list of such owners be maintained by the
City through a registration filing process.
Any person, upon request, may inspect and copy a landlord registration
statement or designation of managing agent form on file with the City's
Building Department pursuant to the Freedom of Information Law.
Any permit issued pursuant to this article may be revoked or
suspended by the Building Department of the City of Beacon for cause,
after notice to the owner and after an opportunity for the owner to
be heard by the Building Department, upon a finding by the Building
Department that any requirement of this article has been violated.
Each applicant for a non-owner-occupied permit, pursuant to
this article requiring the filing of a landlord registration statement,
shall pay a non-owner-occupied permit fee once every three years in
an amount set forth in the City of Beacon fee schedule.
Nothing in this article shall be deemed to preempt the laws
of the State of New York for the rental of residential or commercial
property or the application of other City of Beacon laws and ordinances
and the Code to the premises, including inspection of the premises.
The owner of a non-owner-occupied property shall be prohibited
from collecting rent or evicting a tenant during any period of noncompliance
with this article. The owner of a non-owner-occupied property shall
also be prohibited from collecting rent for any unit that is not in
compliance with the certificate of occupancy or any provision of the
applicable provisions of the Uniform Code or City Code. Nothing herein
shall prevent a landlord, upon receipt of the rental property registration,
from receiving the equitable value of the occupancy of the premises
from the earliest date of occupancy, but in no event shall a landlord
recover in excess of the agreed rent. Failure on the part of the tenant
to pay the equitable value of the occupancy of the premises from the
earliest date of occupancy until the landlord's receipt of the
rental property registration may not be used as a basis for eviction.
The City of Beacon shall enforce compliance with this article
by seeking civil penalties, instituting a criminal proceeding, or
both.
A. Criminal proceeding. A summons or appearance ticket for any violation of this article may be served on the owner, or in the event that an owner designates a managing agent pursuant to §
173-4A(3), of this article, process may be served on the managing agent of the non-owner-occupied property with equal force and effect as if served on the owner.
Notice of noncompliance with this article shall be made:
A. By delivering to, and leaving a copy of a notice of violation of
this article with, any person or persons violating the provisions
of this article.
B. By sending, by registered or certified mail, a notice of violation
to the owner or managing agent at the address on file in the landlord
registration statement.
C. By sending, if no such address is on file, a notice of violation
to the most current address in the City Assessor's Office, by
registered or certified mail, to the owner and managing agent.
D. If such person or persons cannot be served by any of the aforesaid
methods, then such notice or order may be served by posting the same
in a conspicuous place upon the non-owner-occupied property where
such violation is alleged to exist, or upon the rental property to
which such notice may refer, which shall be the equivalent of personal
service of said notice upon all parties, including the owner and/or
managing agent of the non-owner-occupied property.
E. By any other method or service authorized pursuant to the New York
Civil Practice Law and Rules.
Violations of this article constitute an offense within the
meaning of the Penal Law of the State of New York, punishable as provided
by law. In addition, a violation of any provision of this article
shall be subject to the following penalties under this article:
A. For the first offense by an owner or managing agent of up to five
non-owner-occupied units: a fine of $200;
B. For the first offense by an owner or managing agent of between six
and 10 non-owner-occupied units: a fine of $500;
C. For the first offense by an owner or managing agent of more than
10 non-owner-occupied units: a fine of $750; and
D. For each subsequent offense in each foregoing unit category of ownership
or management: a fine of $400, $1,000, and $1,500, respectively.