[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove 12-15-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated. Any definition of a stated term that exists in the Uniform Code of the State of New York shall supersede the definition stated in this chapter:
BOARDING HOUSE or ROOMING HOUSE
A building that provides sleeping accommodations, with or without compensation, on either a transient or permanent basis, with or without meals, but without permanent cooking facilities for individual occupants.
BUILDING INSPECTOR
The Building Inspector or Deputy Building Inspector of the Village of Lake Grove.
CODE ENFORCEMENT OFFICER
Village Building Inspector, Deputy Inspector, Code Compliance Technician, Code Enforcement Official, Building and Fire Safety Inspector, Town or Village Fire Marshal, Fire Chief, or other code enforcement official or person appointed by the Mayor and approved by the Board of Trustees to enforce the Lake Grove Village Code and other state and local codes and regulations.
CONVENTIONAL BEDROOM
A room designed as a bedroom having a closet, a common room used for sleeping purposes. Rooms having other purposes, such as dens, family rooms, dining rooms, living rooms or hallways, are not to be interpreted as "conventional bedrooms" or used for sleeping or living purposes. A room may not be converted to a conventional bedroom without the permission of the Building Department.
DWELLING UNIT
A structure or building, one-family dwelling, or part thereof, which has either a single, kitchen or accommodation for cooking, and is occupied or to be occupied by one or more persons as a home or residence, excluding a boarding house or rooming house.
FAMILY
One or more persons related by blood, adoption or marriage, or a domestic partnership, living and cooking together as a single housekeeping unit, or the factual and functional equivalent of the same, living and cooking together as a single housekeeping unit and as a relatively permanent household, and not as a framework for transients or transient living, such as a boarding house.
KITCHEN
Any assembly of cabinets, appliances, countertops or plumbing used in connection with the storage, preparation or cooking of food.
MANAGER or AGENT
A person contracted or employed by the owner of a property to manage the renting and/or physical care or maintenance of a property.
NONCONFORMING BUILDING OR USE
One that does not conform to the applicable building, zoning or other relevant regulations of the district in which it is situated.
NONHABITABLE SPACES
Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, boiler and recreation rooms, closets and other space for service and maintenance of the building, and those spaces used for access and vertical travel between stories and specifically excluding any rooms used for sleeping, eating and cooking, other than kitchenettes. The presence of a bed or bed frame, or bedding materials in a room is presumptive evidence that the room is being used for sleeping purposes.
OWNER
Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained.
REAL ESTATE BROKER
A person or entity who either has represented an owner, manager or tenant in a rental or sale transaction resulting in violation of this chapter.
RENT
A return, in money, property or other consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling unit established, occupied, used or maintained for rental occupancy as a one-family dwelling, under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or a charge is made for use and/or occupancy, or where occupancy is pursuant to a contract of sale or installment payment contract, or free of payment by the occupant where payment is made by another individual, organization or agency, or any other occupancy or arrangement for charge of any kind.
RENTAL OCCUPANCY
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 either in whole or in part.
RENTAL PERMIT
A permit which is issued upon application to the Village Building Department and shall be valid for up to 12 months from the date of issuance (rental permit). Each rental permit shall be on an application and form that is approved by the Building Department and shall be assigned a unique number. A rental permit shall have a copy of the lease or rental agreement attached or on file with the Village and shall indicate the tenants or renters that are under agreement to occupy the premises.
[Amended 11-16-2023 by L.L. No. 6-2023]
The owner of a real property in the Village of Lake Grove shall have owned and used the property as their primary residence for a period of not less than five continuous years before the owner shall be eligible for a rental permit and to rent that property. Renting individual rooms and renting for less than one year of time is prohibited.
[Amended 4-21-2023 by L.L. No. 1-2023; 9-18-2025 by L.L. No. 12-2025]
A. 
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 person or entity who owns or rents a dwelling unit in the Village of Lake Grove to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation. Nothing within this section shall be deemed to permit an accessory apartment or to permit more than a one-family dwelling to exist within the Village or any other building or dwelling which does not conform with the residence district uses as defined in § 175-7 of the Lake Grove Village Code.
(1) 
Entities including, but not limited to, limited-liability companies/LLCs, corporations, small corporations, partnerships and professional corporations shall have a valid rental permit and or registration in effect at any time the dwelling owned by the entity is occupied.
B. 
Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are occupied by other than the legal owner thereof. There shall not be a presumption of rent if the occupant or occupants is or are immediate family members of the owner of the subject premises, as defined in this chapter.
C. 
"Housesitting" where an owner permits the occupancy of a dwelling unit by a person that is not within the immediate family of the owner for no or reduced consideration for a period of less than 30 days shall be deemed to be a rental under this chapter.
D. 
The exchange of residences where an owner shall reside in the dwelling of another person and permit that person to reside in the owner's residence or dwelling unit in the Village of Lake Grove shall be deemed to be a rental under this chapter.
E. 
Application for a rental occupancy permit for a rental dwelling unit shall be made in writing by the owner of the property to the Building Department on a form provided therefor. Such application shall include, but not necessarily be limited to:
(1) 
The name, street address, mailing address, email address and home, work and cell numbers of both the property owner and property manager if applicable.
(2) 
The street address and Tax Map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located.
(3) 
A description of the structure, including the number of rental dwelling units in the structure and the number of individual sleeping units contained in each dwelling unit.
(4) 
The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit.
(5) 
For each rental dwelling unit, a description of the dwelling, including the number of rooms in the rental dwelling unit and the dimensions of each such room.
(6) 
A property survey of the premises, drawn to a scale not greater than 40 feet to one inch, if not shown on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities.
(7) 
A copy of the certificate of occupancy and/or certificate of zoning compliance and any certificates of nonconforming use as recorded by the Incorporated Village of Lake Grove for the premises on which the rental dwelling unit intended for occupancy is located.
(8) 
Each application shall be executed by and sworn to by the owner of the premises and shall include the declaration that there are no existing or outstanding violations of any state, county, or local laws, rules or regulations pertaining to the property.
A. 
The Building Inspector, or his/her designee, shall review each application for completeness and return incomplete applications or advise the owner that the application is complete within two weeks of receipt of the application by the Village. A determination that an existing or outstanding violation of any state, county, or local law, rule or regulation exists at the property shall result in an automatic rejection of said application until the existing matter has been corrected and/or adjudicated.
B. 
Within 30 days of receiving notice from the Village of Lake Grove of receipt of a complete application, the owner of the rental dwelling unit shall arrange for an inspection of the rental dwelling and the premises in which it is located by a Code Enforcement Officer employed by the Village to ensure that the structure and the dwelling units contained therein meet all applicable state and local laws regarding housing, sanitary, building, electrical and fire codes, rules and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code. If access is refused or cannot be obtained, the Village shall have the right to deny the rental occupancy permit until such time as the owner complies. An owner may in lieu of the inspection provide a floor plan of the structure on the premises and a certification by a licensed architect or licensed engineer that they have inspected the premises on a particular date and time and determined that there is no violation in the premises of the Uniform Code, the Suffolk County Health Code or the Lake Grove Village Code.
C. 
Prior to any inspection, the applicant must pay a registration fee as described in this chapter.
D. 
Upon completion of the inspection by a Village Code Enforcement Officer, he/she shall issue findings in a written report, the format of which will be provided by the Village Building Department.
E. 
The inspection and report shall be completed and filed with the Village Building Department within 90 days of the notice of completion of the application. If the report states that the proposed rental dwelling unit, as well as the premises in which the same is located is within compliance with all applicable state and local laws, rules and regulations and that such rental dwelling unit does not create an unsafe or dangerous condition, the Building Inspector or his/her designee shall issue the permit, which shall state the name and address of the owner of the subject property, the maximum number of occupants and the number of conventional bedrooms for the structure.
F. 
If during an inspection, there are found to be violations of the NYS Building and Fire Code or violations of Village Code, the Code Enforcement Officer shall not issue the rental property permit and shall issue orders to remedy or appearance tickets for all such violations.
G. 
Nothing in this section shall preclude the Village Code Enforcement Officer from conducting an inspection with consent of the owner of the rental dwelling unit, at times other than stated in this section, when the Code Enforcement Officer has reason to believe that a violation exists.
A. 
All permits issued pursuant to this chapter shall be valid for a period of up to one year from date of issuance.
B. 
If rental dwelling property's ownership is transferred, the new owner of the property must notify the Village and complete a new application permit, if such property is to be rented. Rental permits are not transferable or assignable.
C. 
It shall be the duty of the Village Clerk to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of rental dwelling units at such street address, the number of rooms in each such rental dwelling unit and the date of expiration of permit for such unit.
A. 
A renewal application for a rental occupancy permit for a rental dwelling unit shall be made in writing by the owner of the property to the Building Department on a form provided therefor on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit shall contain a copy of the prior rental permit application. Such renewal application shall contain a signed statement setting forth the following:
(1) 
That there are no existing or outstanding violations of any state, county, or local law, rule or regulation pertaining to the property. A determination that an existing or outstanding violation of any state, county, or local law, rule or regulation exists at the property shall result in an automatic rejection of said application until the existing matter has been corrected and/or adjudicated.
(2) 
That there are no changes to any information as provided on the prior valid rental permit application.
B. 
Prior to the issuance of a renewal rental permit, the applicant must pay a registration fee as described in § 127-7 of this chapter and arrange for an inspection of the rental dwelling and the premises in which it is located by a Code Enforcement Officer employed by the Village that the structure and the dwelling units contained therein meet all applicable state and local laws codes and regulations. If access to the rental dwelling is refused or cannot be obtained, the Village shall have the right to revoke or deny the rental property permit. If there are code violations or violations of this chapter, the Village shall not issue the rental permit, and shall issue orders to remedy or appearance tickets for all such violations.
C. 
In the event of the issuance of appearance tickets, a rental permit shall not be issued to the owner until there has been a final disposition of the violations which are the basis for the appearance ticket or tickets before the Village Court and the conditions remedied or a determination made by the Court that no violation had been committed.
D. 
If a property owner knowingly rents a rental dwelling that is found to be without one or more of the following: running water, heat or heat source, electricity, sanitary facilities, windows in sleeping spaces, cooking facilities, smoke and carbon monoxide detectors or there is the presence of black mold in the rental dwelling, the rental dwelling may not be rented until the condition is remedied and a reinspection indicating that the problem or problems have been resolved has been completed. If there are current tenants, they must be vacated in accordance with New York State Law.
E. 
The Village shall not accept, review or approve any renewal rental applications for rental dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the application will be considered a new application, not a renewal application, and the owner must file a new application.
A nonrefundable annual permit application fee as set from time to time by resolution of the Board of Trustees shall be paid, upon filing an application for a rental occupancy permit or renewal application, in accordance with the schedule of rental dwelling unit fees. A copy of said fees shall be kept on file in the office of the Village Clerk.
A. 
The Code Enforcement Officer may recommend to the Building Department that a rental permit should be revoked where he or she finds that the holder of the rental permit has caused, permitted, suffered or allowed to exist and remain upon the premises for which the rental permit was issued for a period of 30 days or more after written notice has been given to the holder of the rental permit or the managing agent of such rental dwelling unit, a violation of the New York State Uniform Code, a violation of this chapter or another chapter of the Lake Grove Village Code or in any such case where the property owner refuses access to the Code Enforcement Officer for an inspection as required by this chapter.
B. 
Upon the recommendation of the Code Enforcement Officer or Building Department and after written notice by certified mail to the owner, the Lake Grove Village Board of Trustees shall hold a public hearing on such recommendation within 60 days after receiving the recommendation, and after such hearing the Board of Trustees shall make written findings, a conclusion and a decision.
[Amended 9-18-2025 by L.L. No. 12-2025]
A. 
No owner shall cause, permit, suffer or allow to exist any condition at a rental dwelling or structure, or exterior property, which is a violation of this chapter, the Lake Grove Village Code, the laws of Suffolk County, or the laws of the State of New York, including but not limited to the New York State Uniform Code, and any amendments and or revisions made thereto.
B. 
Transient recreational use prohibited. It shall be unlawful for a property owner, occupant or lessee to use, establish, maintain, operate, occupy, rent or lease, or advertise for rent or lease, any residential property in whole or part, such as pool or hot tub rentals, party or yard rentals, or sport court rentals.
C. 
Transient residential occupancy is prohibited. No building, structure, premises or portion thereof shall be occupied or used in any district as a transient residential occupancy by any one, other than the owner or a family member of the owner, or for which rent is received, for more than an annual basis of time. All annual rentals shall require a lease agreement between the lessor and lessee submitted to the Village prior to the commencement of the lease.
D. 
Any dwelling, dwelling unit, or any part of a dwelling unit shall be presumed to be occupied as a transit residential and or recreational occupancy if offered for rent for less than an annual period of time in an advertisement or solicitation listed, placed, posted or submitted for inclusion on any website, including but not limited to Airbnb, HomeAway, VRBO, in any mass media, or in any printed materials; or offered for lease or rent through any medium. This presumption shall be rebuttable. It shall be unlawful and a violation of this article for any person, corporation, limited-liability corporation (LLC), company, broker, agent or other entity to cause an advertisement or solicitation for a rental dwelling to be listed, placed, posted or submitted for inclusion on any website, in the mass media, or in printed materials, including flyers, without such person, broker or agent first verifying a valid rental period of time; annual or multi annual. Rental listings for single-family homes shall be for the entire home and not part of. There shall be no presumption of legal permits to the contrary. Single-family homes are not permitted for partial rental for any reason.
[Amended 9-18-2025 by L.L. No. 12-2025]
A. 
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 person or entity who owns or rents a dwelling unit in the Village of Lake Grove to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a boarding house or rooming house as defined in this chapter.
B. 
It shall be presumed that a building is being used as a boarding house or rooming house if any two or more of the following features or states of facts are found to exist by the Building Inspector or any person authorized to enforce or investigate violations of the Code of the Village of Lake Grove or any laws, codes, rules or regulations of the State of New York or from other competent evidence:
(1) 
Separate written or oral leases or rental arrangements, payments or agreements for portions of the building among its owner(s) and occupant(s).
(2) 
The inability of any occupant to have lawful access to all parts of the building.
(3) 
That the structure shows evidence of an entrance(s) that is not set forth on plans maintained or approved by the Building Department and that the Code Enforcement Officer has cause to believe is unauthorized.
(4) 
Partitions or internal doors with or without keyed locks that may serve either to bar access between segregated portions of the building, or to subdivide existing bedrooms into separate bedroom spaces, including but not limited to a basement, living room or bedroom(s).
(5) 
Two or more kitchens, or kitchen-type areas, each of which contains a range, oven, refrigerator, microwave or other cooking apparatus.
(6) 
The installation or use of portable kitchen appliances, including but not limited to hotplates, microwaves or a refrigerator in bedrooms or other non-kitchen areas.
(7) 
The conversion of nonhabitable space or habitable space to bedroom space or additional bedroom space.
(8) 
Used or available parking spaces in excess of 10% of the total lot area.
(9) 
Two or more electrical or other utility meters; or
(10) 
Two or more mailboxes and/or mail slots.
(11) 
Two or more satellite dishes or cable lines.
(12) 
Evidence that garbage, septic or water usage exceeds the reasonable estimate of such use for the use permitted for the premises.
(13) 
Two or more motor vehicles routinely parked overnight upon or adjacent to the dwelling lot that are registered to persons with different surnames; or
(14) 
The dwelling has been advertised in any newspaper, magazine, circular, local advertising publication, or by electronic realty or realtor advertising, as being available for sale, lease or rent, which advertisement provides:
(a) 
That such dwelling contains rooms for rent, numbers of dwelling units available, or that the dwelling may be occupied by more than one separate family; or
(b) 
That the property is being used as a dwelling containing rental units, or the number of rooms for rent, dwelling units available or multifamily accommodation; and
(c) 
Such advertising is contrary to the authorized number of rooms or dwelling units for the premises, or is contrary to the use authorized for the premises.
C. 
The presumption raised by proof of the existence of any of the conditions identified in Subsection B hereof may be rebutted in a court of competent jurisdiction by conclusive evidence that such condition does not exist or that such condition complies with the Village Code or is otherwise authorized.
The Building Inspector or Code Enforcement Official of the Village of Lake Grove or his or her designated representative, by the Village Attorney or counsel as may be retained by the Board of Trustees, is authorized after vote of the Board of Trustees, to make application to the Lake Grove Village Court, District Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter or the New York State Uniform Code or other state or local code exists or has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
A. 
Broker's/agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Village Building Inspector. It shall be the broker's or agent's duty to verify the existence of a valid rental registration before acting on behalf of the owner of a property.
B. 
It shall be unlawful and a violation of this chapter to accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Village of Lake Grove where no valid rental registration has been issued as required under this chapter.
C. 
It shall be unlawful and a violation of this chapter for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf of the owner any residential dwelling in a manner inconsistent with the use reflected on the certificate of occupancy, certificate of zoning compliance, certificate of existing use or special permit issued for the premises. It shall be the real estate broker's or agent's duty to verify the legal status of the premises before acting on behalf of the owner.
D. 
In the event that a person convicted of a violation of this section shall have been a real estate broker or salesperson licensed by the State of New York, at the time such violation was committed, the Village Clerk shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint.
Any person, association, estate, trust, firm or corporation or other entity which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation as that term is defined in the New York Penal Law and which is punishable:
A. 
The penalty for renting a home without a permit is up to $2,000 for the first offense and up to $5,000 per offense thereafter.
[Amended 2-15-2024 by L.L. No. 4-2024; 3-21-2024 by L.L. No. 5-2024]
B. 
Each day that a violation of this chapter should exist shall constitute a separate violation of this chapter.
C. 
For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed violation level offenses of the Lake Grove Village Code, and, for such purpose only, all provisions of law relating to violation level offenses shall apply. Each day that a violation is permitted to exist shall constitute a separate additional violation that will be deemed to be charged upon the issuance of the first appearance ticket.
[Amended 2-15-2024 by L.L. No. 4-2024]
D. 
A violation existing at the premises shall be a violation by both the tenant and the owner and at the sole discretion of the Village either the tenant or the owner or both the tenant and the owner may be charged with and prosecuted for the existence of a violation.
E. 
Additionally, in lieu of imposing the fine authorized by this chapter, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy.
F. 
The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant has cooperated with the Village of Lake Grove in the investigation and prosecution of a violation of this chapter.
G. 
Where authorized by a duly adopted resolution of the Board of Trustees, the Village Attorney may bring and maintain a civil proceeding, in the name of the Village, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation or for other relief as may be appropriate or to take such other civil action as may be necessary to correct, prevent or remove a violation or unsafe and hazardous condition. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action. The commencement of a civil proceeding by the Village shall not be deemed or construed to be a waiver by the Village of the right to bring an action for prosecution or enforcement of the violation and the fines and penalties under this section or as otherwise may be applicable under the law and the election of either a prosecution or civil proceeding by the Village shall not be exclusive of any other remedy. The Village shall be entitled to an award of all costs in the proceeding, including but not limited to administrative, engineering, filing, and other costs and legal fees, and to bring a separate action for those costs as may be necessary.
H. 
The Village shall have the right, after the determination by the Building Inspector, or other appropriate official or employee of the Village, that a dangerous, hazardous or unsafe condition exists on a premises that is subject to this chapter, after the expiration of 10 calendar days from the date of the mailing of written notice to the owner and the occupant served by regular and certified mail return receipt requested, to enter the premises and cure, correct or repair the dangerous, hazardous or unsafe condition, and all costs and expenses associated with that action by the Village, (including administrative, engineering and professional fees in the amount of 25% of the actual costs and expenses incurred in curing, correcting or repairing the condition), shall be reimbursed by the owner of the property to the Village, and in the event that the amount has not been paid to the Village within 10 days of the date of billing, the amount shall become a lien on the property and billable in the next Village real estate tax bill for that property. The notice required in this section shall not prejudice or affect any other right that the Village may have under the law to address or remedy a dangerous, hazardous or unsafe condition, including the right to immediately enter the property to correct a condition that is an imminent danger to life, property or public safety.
In the event that any provision of this chapter shall be deemed to be invalid or unenforceable, the remaining portions of this chapter shall remain in full force and effect.