[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 7-26-2022 by L.L. No. 15-2022. Amendments noted
where applicable.]
Legislative intent. The Village Board has determined that there
are Rental Dwelling Units in the Village that are unknown to the Village.
The Village Board finds that it is in the best interest of the public
health, safety, and welfare of the Village to require that all Rental
Dwelling Units be registered with the Village.
As used in this section, the following terms shall have the
meanings indicated:
A Code Enforcement Officer appointed pursuant to § 176-51E of the Village Code.
A single-family residence, occupied, or to be occupied, by
one or more persons living as a family for residential purposes for
which a valid Certificate of Occupancy is on file in the Village.
Owner, lessee, agent, or other person in control of a Dwelling
Unit or any other person or persons or entity or entities having the
right to possession of a Dwelling Unit, except:
A cooperative corporation whose offering statement or prospectus
has been accepted by the New York State Attorney General for filing
under General Business Law § 352-e; and
A not-for-profit corporation organized to own and operate a
low-income or moderate-income senior-citizen housing project in conjunction
with the New York State Division of Housing and Community Renewal.
Under this definition, a tenant can be an "owner" in relation
to a subtenant.
A payment in money, property, or other valuable consideration
(including payment in kind, in services, or of other thing of value),
for use and occupancy or the right to the use and occupancy of a Dwelling
Unit, whether or not a legal or contractual relationship of landlord
and tenant exists between the Owner and the occupant or occupants
thereof.
A dwelling unit established, occupied, used, or maintained
for Rental Occupancy for which a valid Certificate of Occupancy is
on file in the Village.
The occupancy or use of a Dwelling Unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay Rent for such occupancy and use. For purposes
of this law, there is a rebuttable presumption that any occupancy
or use of a Dwelling Unit is a "Rental Occupancy" if the Owner of
the building containing the Dwelling Unit does not reside in the same
building.
The Board of Trustees of the Village.
The local laws, ordinances, and certain resolutions of the
Village.
A.
Scope. This section shall apply to all Rental Dwelling Units 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 Dwelling Unit is located, as in this section
provided.
B.
Applicability. The provisions of this section shall be deemed to
supplement applicable state and local laws, ordinances, codes, and
regulations; and nothing in this chapter shall be deemed to abolish,
impair, supersede, or replace existing remedies of the Village, county,
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 section 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 section does not make legal any
action or statement of facts that is otherwise illegal under any other
applicable legislation.
A.
It shall be unlawful and a violation of the Village Code for any
person or entity who owns a Dwelling Unit in the Village to rent that
Dwelling Unit for less than one year.
B.
It shall be unlawful and a violation of the Village Code for any
person or entity who owns a Dwelling Unit in the Village to establish,
maintain, use, let, lease, rent, or suffer or permit the occupancy
and use thereof as a Rental Dwelling Unit without having a valid registration
for such Rental Occupancy, as herein provided.
A.
Application for a Rental Occupancy registration for a Rental Dwelling
Unit shall be made in writing to the Village on a form provided by
the Village for that purpose.
B.
The application shall be filed in duplicate, or digitally if provided
for by the Village, and shall contain:
(1)
The name, address, email addresses, and telephone numbers, if any,
of the Owner of the Dwelling Unit intended for Rental Occupancy.
(2)
The street address and tax map description (section, block, and lot
or lots) of the premises intended for Rental Occupancy or the premises
in which the Rental Dwelling unit intended for occupancy is located.
(3)
The number of persons under and over the age of 18 and the dates
of birth of each person residing in or occupying such premises intended
for Rental Occupancy.
(4)
The name, address, email addresses, and telephone numbers, if any,
of the managing agent or operator of each such intended Rental Dwelling
Unit.
(5)
The application shall be signed by the Owner of the premises, and
the statements of such Owner therein contained shall be verified under
oath.
A.
Rental Occupancy registration application fee. A nonrefundable Rental
Occupancy registration application fee of $1,000 shall be paid upon
filing an application for a Rental Occupancy registration.
[Amended 8-22-2023 by L.L. No. 8-2023]
B.
Registration renewal fee. A nonrefundable Rental Occupancy registration
renewal fee of $1,000 shall be paid upon any change of tenancy within
a Rental Occupancy.
[Amended 8-22-2023 by L.L. No. 8-2023]
C.
Review of application. The Village shall review each application
for completeness.
[Amended 4-25-2023 by L.L. No. 4-2023]
All registrations issued pursuant to this section shall be valid
for a period of the shorter of either three years from the date of
issuance or upon the change of person or persons residing or occupying
the Rental Dwelling Unit.
It shall be the duty of the Village Clerk to maintain a list
of registrations. Such list shall be kept by street address showing
the name and address of the registrant, the number of Rental Dwelling
Units at such street address, and the date of expiration of the registration.
The Village shall have the right to make, or cause to be made,
inspections of the Rental Dwelling Unit to determine whether the Rental
Dwelling Unit complies with the Village Zoning Code.
It shall be unlawful and a violation of the Village Code for
any Owner to permit any tenant or other person to take up residence
by a Rental Occupancy in any Dwelling Unit without the Owner's first
having completed and filed with the Village a rental registration
form approved by the Village.
Under Public Officers Law § 87, Subdivision 2(b), rental registration forms and that portion of the Rental Occupancy registration application required under § 127-5B(3) 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.
It shall be unlawful and a violation of the Village Code for
any Owner, broker, or agent to list, show, or otherwise offer for
lease or rent on behalf of the Owner any Dwelling Unit for which a
current rental occupancy registration has not been issued by the Village.
It shall be the Owner, broker or agent's duty to verify the existence
of a valid registration before acting on behalf of the Owner.
[Amended 8-22-2023 by L.L. No. 8-2023]
Within five business days of renting or leasing a Rental Dwelling
Unit, the Owner or Broker shall submit to the Village the names, addresses,
email addresses, and telephone numbers of every individual that will
reside in the Rental Dwelling Unit. This information shall be updated
and provided to the Village by the Owner and Broker upon any change
in tenancy. Any broker or agent who has earned a commission or other
compensation for renting or leasing a Rental Dwelling Unit must, within
five business days of earning said commission or other compensation,
or within five days of a tenant signing a lease or rental agreement,
file with the Village a rental registration form, unless the Owner
has already filed such a form in the meantime. Failure to file shall
be unlawful and a violation of the Village Code.
[Amended 8-22-2023 by L.L. No. 8-2023]
No Owner, broker, or agent shall publish a written offer or
solicitation of offers to rent or lease a Rental Dwelling Unit, unless
that offer or solicitation refers by number to a valid Rental Occupancy
registration for the Rental Dwelling Unit in question. For purposes
of this section, "publish" means to promulgate to the general public
or to selected segments of the general public, in a newspaper, magazine,
flier, handbill, mailed circular, bulletin board, sign, or electronic
media. Violation of this section shall be unlawful and a violation
of the Village Code.
A.
For purposes of this chapter, including the context of rental registration
enforcement and prosecutions, the presence or existence of any of
the following shall create a rebuttable presumption that a premises
is being used as a Rental Dwelling Unit:
(1)
The property occupancy is occupied by someone other than the Owner,
and the Owner of the property represents in writing or otherwise,
to any person, establishment, business, institution, or government
agency, that he resides at an address other than the real property;
(2)
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;
(3)
There are separate entrances for segregated parts of the Dwelling
Unit;
(4)
There are partitions or internal doors which may serve to bar access
between segregated portions of the Dwelling Unit, including but not
limited to bedrooms;
(5)
There exists a separate written or oral lease, rental arrangement,
or payment or agreement for portions of the Dwelling Unit among its
Owner(s) and/or occupants and/or persons in possession thereof;
(6)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the Dwelling Unit;
(7)
Two or more kitchens each containing one or more of the following:
a range, oven, hot plate, microwave, or other similar device customarily
used for cooking or preparation of food and/or a refrigerator;
(8)
A premises has been advertised in any newspaper, magazine, local
advertising publication, or posted or billed as being available for
rent.
B.
For purposes of this Chapter, including the context of rental registration
enforcement and prosecutions, the presence or existence of any two
of the following shall create a rebuttable presumption that a premises
is being used as a Rental Occupancy:
(1)
There is more than one mailbox at the premises;
(2)
There is more than one gas meter at the premises;
(3)
There is more than one electric meter at the premises;
(4)
There is more than one doorbell at the premises;
(5)
There are three or more motor vehicles registered to the Dwelling
Unit and each vehicle Owner has a different surname;
(6)
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 period; or
(7)
The presumptions set forth in §§ 126-15(A) and 126-15(B)
above, subject to the limitations contained therein, shall also be
applicable to enforcement and prosecution of residential illegal use
and occupancy violations.
(8)
Nothing herein shall be construed to prevent persons living together
as a family unit, with the Owner, as defined by this Code.
A.
Any person, association, firm, or corporation which violates any
provision of this section shall, upon conviction thereof, be subject
to a fine not exceeding $20,000.00 for each week of violation, regardless
of any convictions for prior violations.
B.
Each week's continued violation shall constitute a separate additional
violation.
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly involved
in said judgment.
This section shall be effective upon filing with the Secretary
of State.
