[HISTORY: Adopted by the Town Board of the Town of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2022 by L.L. No. 1-2022; amended 3-6-2023 by L.L. No. 4-2023]
This chapter is intended to protect the health and safety of Town residents and visitors as follows:
A. 
Allow and regulate transient rental uses of residential dwellings; and
B. 
Protect and preserve the Town's appropriately balanced commercial and residential nature and unique, tranquil neighborhood character as enacted by the Town's zoning, subdivision, property maintenance and related local laws; and
C. 
Protect and ensure the safety of its current and future residents as well as those traveling to or visiting in the Town; and
D. 
Prevent to the greatest extent practicable public safety risks, including, but not limited to, noise, trash, traffic, and parking impacts associated with unregulated short-term rental of dwellings.
A. 
It shall be unlawful for any person to rent or offer to rent a short-term rental within the Town of Monroe without first obtaining a short-term rental permit.
B. 
It shall be unlawful for any person to rent or offer to rent any portion of a residential lot or use accessory thereto, including but not limited to pools, yards, tents, driveways, lake, lake rights, docks or beaches, without also renting the exclusive right of occupancy for the principal dwelling located on the lot pursuant to this chapter.
A. 
Eligible properties and structures. Permits shall only be issued for one single-family detached dwelling per lot. No more than one short-term rental permit shall be approved for any lot. For lots containing more than one structure utilized as dwellings, one structure may be permitted as a short-term rental, where the other structure is the permanent residence of the permit holder occupied on a nontransient basis.
B. 
Qualifications for permit holder. The permit holder shall be a natural person:
(1) 
Holding a minimum of a 50% interest in the legal title to the lot on which the short- term rental is located; or
(2) 
Who is the duly authorized representative of the entity holding a minimum of a 50% interest in the legal title to the lot on which the short-term rental is located, and which natural person shall be authorized by 50% or more of the controlling interest in the entity holding more than 50% interest in the legal title.
C. 
Multiple permit eligibility. A permittee may hold no more than one short-term rental in the Town for a probationary period of 36 months from first permit issuance unless they have been a full-time resident and property owner in the Town for at least three years. After the probationary period, a permit holder may apply for one additional permit per year so long as there have been no revocations or denials of renewal of any permits held by the permit holder within the preceding 24 months.
D. 
Private restrictions on short-term rentals. The applicant shall provide with the application copies of any applicable homeowners' or condominium association bylaws or rules and any other applicable private conditions, covenants, or restrictions, including lake rights. If a proposed short-term rental home property is subject to such conditions, covenants, or restrictions, then correspondence from the association or other entity responsible for their enforcement is required. The correspondence shall include specific conditions that determine whether the proposed short- term rental home use is allowed. Upon receipt of an application, the Building Inspector shall forward such correspondence to the Town Attorney, who shall review the restrictions and advise the Building Inspector on whether there are any legal restrictions preventing issuance of the permit, in which case the Building Inspector shall deny the permit. The Town of Monroe shall not be bound by any private conditions, covenants, or restrictions upon the subject parcel. Any private limitations may be enforced against the property owner through appropriate civil action.
A. 
The permit holder shall serve as manager of the short-term rental, except that the permit holder may designate:
(1) 
An immediate adult family member of the permit holder to serve as manager. Immediate family includes a person's parents, spouse, siblings, stepparents, stepchildren, children and their children's spouses.
(2) 
An individual with an active real estate license from the State of New York to serve as manager.
(3) 
A nontransient occupant of the lot containing the short-term rental who resides on the lot as the occupant's principal residence.
(4) 
An adult to serve as a temporary manager for up to 45 days in a twelve-month period.
B. 
Management responsibilities. The manager of the short-term rental shall be required to execute the following responsibilities:
(1) 
Notify the Town Building Department and the immediate adjacent neighbors of any designation of an individual as a manager under this section, including a statement of the designated manager's tenure, residential and business addresses, and telephone numbers, and notify same of any change in the manager's addresses or telephone numbers.
(2) 
Be accessible to guests, neighbors, and Town or county agencies at any time that the short-term rental is being leased for transient occupancy. For purposes of this section, "accessible" means being able to answer the telephone at all times, being able to be physically present at the short-term rental home within two hours following a request by a guest, a neighbor within 500 feet, or a Town or county agency, and having an office or residence within 90 driving miles.
(3) 
Ensure compliance with Orange County Department of Health regulations, this chapter, permit conditions, and other applicable laws and regulations.
(4) 
Enforce the house policies.
(5) 
Collect all rental fees.
A. 
House policies shall be prominently displayed within the dwelling during occupancy by short-term rental tenants. The house policies shall also be included in the rental agreement, which shall be required to be signed by the rental contract holder. At a minimum, the house policies shall include:
(1) 
Quiet hours from 9:00 p.m. to 8:00 a.m. Sunday evening through Friday morning and 10:00 p.m. to 9:00 a.m. Friday evening through Sunday morning, during which time the noise from the short-term rental home shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during nonquiet hours shall not be more excessive than would be otherwise associated with a residential area.
(2) 
Amplified sound that is audible beyond the property boundaries of the short-term rental home is prohibited during quiet hours.
(3) 
Vehicles shall be parked in the designated on-site parking area and shall not be parked on the street.
(4) 
Parties or group gatherings by persons other than the short-term rental tenants are not allowed.
(5) 
No more than one daytime guest is permitted per two overnight occupants, and any daytime guest must depart prior to the start of quiet hours.
(6) 
In the event of a complaint received by the Town, the property is subject to inspection by the Town Code Enforcement Official within 24 hours, and any rental tenant must not interfere with the inspection.
B. 
Term of short-term rental. No short-term rental contract shall be for a term of less than 24 hours.
C. 
Occupancy limitation for lots of more than five acres and where permittee is residing on-site during the duration of the short-term rental. The maximum number of overnight occupants shall be no greater than the least of the following standards, which will be noted on any issued permit:
(1) 
Four persons per bedroom as determined by the Building Inspector; or
(2) 
The number of persons supported by the septic system capacity as determined by the Town Engineer if the dwelling is not served by public sewer.
D. 
Occupancy limitation under all other circumstances. The maximum number of overnight occupants shall be no greater than the least of the following standards, which will be noted on any issued permit:
(1) 
Twelve persons; or
(2) 
Four persons per bedroom as determined by the Building Inspector; or
(3) 
The number of persons supported by the septic system capacity as determined by the Town Engineer if the dwelling is not served by public sewer.
E. 
Remote digital monitoring of occupancy. Where a short-term rental is rented or intended to be rented for transient occupancy during periods when the manager is not residing on-site, the site shall be digitally monitored by the manager to ensure compliance with the maximum number of allowable guests and visitors entering the premises, and to provide evidence to the Building Inspector of such compliance should he or she need to investigate complaints. Digital monitoring shall include outdoor cameras adequate in number, location and view angle to monitor arrivals and departures at the property. Digital video recordings shall be taken during times when the property is rented and kept for a minimum of 30 days, and copies shall be provided to the Building Inspector upon request. Notice of locations and purpose of cameras shall be provided to renters as well as disclosure of audio recording, if any.
F. 
Short-term rental occupancy shall not be permitted in any vehicle, trailer or camper, and sleeping accommodations shall not be provided in a tent or other temporary structure.
G. 
Exclusive short-term use. There shall only be one short-term rental tenant at any time for any property permitted under this chapter. A nontransient owner or tenant and their family residing at the property as their principal residence may continue to occupy the residential lot during the tenancy of a short-term rental tenant, so long as the total occupancy limitation is not exceeded.
H. 
Lodging taxes. The permit holder shall be responsible for collecting and remitting any required lodging and/or sales taxes on the short-term rental fee, as required by local, county, state or federal law.
I. 
Insurance. Permit holders shall maintain liability insurance for injuries or damage caused by rental guests in an amount determined by the Town Board, as amended from time to time and noted in a schedule to be maintained by the Town Clerk.
J. 
Fire safety. An initial inspection to ensure compliance with the Residential and Fire Codes of New York State shall be required prior to issuance of a short-term rental permit, and a follow-up inspection shall be required annually. Inspection fees shall be set from time to time, according to a fee schedule adopted by the Town Board and noted in a schedule to be maintained by the Town Clerk. In addition to any requirements of the Residential and Fire Codes of New York State, the following standards shall be met:
(1) 
A hard-wired fire alarm shall be installed in all bedrooms, kitchens and living spaces. As an alternative to a hard-wired system, a Wi-Fi-based system will be permitted with cellular backup.
(2) 
A fire extinguisher shall be installed in any kitchen and within 10 feet of any fireplace, fire pit, outdoor fire feature or outdoor grill.
(3) 
The fire inspector shall verify that adequate access is afforded to the property for emergency vehicles.
K. 
Offer to rent.
(1) 
Any offer to rent, as defined herein, shall include the valid permit number.
(2) 
Any offer to rent shall include a disclosure of the short-term rental house policies.
L. 
Safe access. Hard-surfaced walkways equipped with low-level lighting shall be provided from the driveway where parking is afforded to the entrance to the short-term rental.
M. 
Compliance inspection. As an ongoing condition of the permit, the manager of the premises shall make the premises fully available to the Code Enforcement Officer or duly authorized deputy within 24 hours of receipt of a request by phone, regardless of whether the premises are currently occupied.
A. 
Applicants shall submit an application for a short-term rental permit to the Building Inspector in accordance with the provisions of this section. Permit applications shall include all of the following information, unless waived by the Town Board upon appeal by the applicant:
(1) 
The name, address, and telephone number of the applicant.
(2) 
Verification of property ownership, or affidavit of ownership and authorization by at least 50% of persons or entities holding controlling interest in the property.
(3) 
The street address of the location and the Tax Map section, block, and lot number of the lot on which the proposed short-term rental is situated.
(4) 
Proof of compliance with all standards of § 40-6 for renewals, and for initial application, understanding of the requirements of § 40-6 and demonstration of the ability to meet those requirements.
(5) 
A property survey certified to the current owner identifying the following key features. The applicant may substitute a survey certified to a previous owner prepared within the last 10 years, annotated to any minor changes and subject to a determination by the Building Inspector that the survey provides a depiction of the approximate disposition of the property. The application may appeal a determination of the Building Inspector on this matter to the Town Board. The survey must depict:
(a) 
Property boundaries.
(b) 
Principal and accessory structures (residences, sheds, detached garage, decks, patios, pools, paved areas, fences, water features, utility poles, and overhead wires).
(6) 
A site plan and as-built floor plan drawn to scale and prepared by a licensed New York State professional (architect, engineer or land surveyor). In lieu of a professionally prepared site plan and floor plan, the applicant may elect to provide a hand-drawn markup of the certified property survey, along with an approximate hand-drawn schematic floor plan, so long as the Building Inspector finds upon field inspection that the hand drawings are legible and reasonably portray existing and proposed conditions. The applicant may appeal a determination of the Building Inspector on this matter to the Town Board. The site plan and floor plans must portray:
(a) 
The location of proposed off-street parking spots.
(b) 
The location of any yard or interior spaces whose access will be restricted to short-term tenants.
(c) 
The location and height of proposed fences, berms, and landscape planting buffers.
(d) 
Approximate treeline of wooded areas or location and diameter at breast height of individual trees providing substantial screening to adjacent residences or other land uses.
(e) 
Location of all proposed accessory structures and uses, including pools, decks, sheds, awnings, cupolas.
(f) 
Location of any exterior firepit or fire feature.
(g) 
Designation of bedrooms, kitchen, bathrooms, and other demised interior spaces.
(h) 
Location of proposed and existing hard-wired smoke detectors, fire extinguishers and any other fire safety equipment or facilities.
(i) 
Location of points of egress, including egress windows.
(j) 
Proposed location of remote digital monitoring cameras and approximate angle of aim.
(k) 
Any other information deemed necessary by the Building Inspector.
(7) 
A list of the names and addresses of the owners of record (and lessees of record in the event that such information is available from the Town) within a 500-foot radius of the lot of the proposed short-term rental.
(8) 
A certification form signed by the owner of the property attesting to the following:
(a) 
That if the owner has previously or is currently advertising the short-term rental that is the subject of the application, the owner shall actively continue to pursue approval of the short-term rental and will not commence, any additional advertising until a permit is approved.
(b) 
The owner either has no financial interest in any other property within the Town of Monroe associated with a short-term rental permit; or, if the owner has a financial interest in a property that is subject to a short-term rental home permit, the nature of the financial interest and the property address, along with a copy of the valid permit for that property.
(c) 
The owner has paid, or will pay, all fines that have been assessed by the Town, including those assessed because of a notice of violation previously issued to the owner for unpermitted short-term rental use or activity, prior to the processing of the short-term rental home permit application.
(d) 
All statements made by the owner on the certification form and provided during the short-term rental home permit application process are correct to the best of the owner's knowledge.
(e) 
The owner acknowledges that any false information or misrepresentations made in the application or during the application process shall result in an enforcement action pursuant to § 40-10.
(f) 
A statement as to whether or not the owner also occupies the property where the short-term rental is located.
(9) 
Proof of mailing of the notice of application.
(10) 
Proof of mailing to all proper taxing authorities.
(11) 
Certificate of liability insurance form prepared by a licensed insurance agency.
(12) 
Additional information as may be requested by the Building Inspector.
(13) 
Permit application fees, inspection fees, and permit renewal fees as set forth in the schedule adopted by the Town Board, as amended from time to time and filed in the office of the Town Clerk.
B. 
Notice of application. All applicants shall send, by regular mail with proof of mailing, written notice of the application for a short-term rental permit to the owners of record (and lessees of record where such information is available from the Town) located within 500 feet of the lot proposed for a short-term rental permit. The written notice shall be prepared on a form provided by the Building Department, and shall include all of the following:
(1) 
A description of the proposed short-term rental operation.
(2) 
The location of proposed on-site parking.
(3) 
The total number of bedrooms and the maximum occupancy proposed for short-term rental.
(4) 
The street address of the proposed short-term rental.
(5) 
The name, address, telephone number, and email of the proposed short-term rental manager that noticed property owners or lessees may contact if they wish to report any issues or file a complaint regarding any nuisance or violation of this chapter.
(6) 
A description of how the recipient may file an objection to the permit issuance, in writing, within 30 days of receipt of the notice.
(7) 
For purposes of this chapter, notice shall be considered valid if the Building Inspector finds that the applicant has made a good faith effort to comply with the requirements of this section.
A. 
Upon receipt of a new short-term rental home permit, the Building Inspector shall review the application for compliance with the requirements of this chapter and notify the applicant of any application deficiencies within seven calendar days.
B. 
Upon confirmation of a complete application, the Building Inspector shall review the application against the Residential and Fire Codes of the State of New York and conduct an inspection of the premises within 21 days.
C. 
The Building Inspector shall determine compliance with the Residential and Fire Codes of the State of New York and advise the applicant of any deficiencies within three days of the inspection. Any resubmission shall be subject to reinspection and report within seven days.
D. 
Upon a satisfactory inspection, the Building Inspector shall forward the application to the Town Board along with any objections to permit issuance received.
E. 
Upon receipt of an application for a first permit issuance of an STR for which an objection has been received, the Town Board shall schedule a public hearing on the permit at a regularly scheduled Town Board meeting, no less than 14 days and no more than 45 days from application receipt. The Town Board shall require that the applicant mail notice of the hearing, in a form prescribed by the Town Clerk, to all residents within 500 feet of the subject property. The Town Board may waive the public hearing if no objections are received and shall instead schedule the application for consideration at a regularly scheduled meeting no more than 45 days from application receipt.
F. 
In determining whether to authorize the permit, the Town Board shall consider the information in the application, the testimony of the Building Inspector, the testimony of the application and the testimony of any objecting neighbors and the applicant, and shall authorize the permit where it finds the following standards are met:
(1) 
Adequate parking facilities are provided to meet the parking requirement of four off-street parking spaces which are provided in a manner that does not impact the residential character of the neighborhood.
(2) 
If new construction or expansion is proposed, the size of the structure proposed for this use is generally consistent with residences located within 500 feet, or it is so situated to not be seen as inconsistent with the appearance of other area residences as viewed from any public street or public park.
(3) 
The structure and lot are conforming to the requirements of this chapter or have received variances for any nonconformances and the lot and structure are not considered existing nonconforming uses or buildings.
(4) 
Adjoining residences and their yards are generally afforded a reasonable degree of privacy from view by occupants of the proposed vacation residence or partial vacation residence by the imposition of landscaping and privacy fencing.
(5) 
The number of permitted short-term rentals surrounding the proposed property are not excessive in number so as to result in adverse character impacts to principal residences in the neighborhood.
G. 
In issuing a permit for an STR permit, the Town Board shall impose such reasonable conditions as are necessary to ensure that the intent of this chapter and the standards of § 40-8F(1) through (5) are met.
H. 
Issuance of an STR permit shall be deemed a Type II action pursuant to 6 NYCRR 617 (State Environmental Quality Review).
A. 
The first issuance of a short-term rental permit for any property shall remain in effect for three years from the date of issuance.
B. 
A renewed permit will remain in effect for five years from the date of issuance. It shall be the responsibility of the permit holder to submit a renewal application a minimum of 60 days prior to the expiration of their existing permit.
Any false information or misrepresentations made in the application or during the application process shall result in an enforcement action pursuant to this chapter and may lead to the denial of an application or revocation of the permit. Where an application is denied or permit revoked based on this provision, the individual making such false information or misrepresentations shall be barred from applying for any new short-term rental permit for a period of 24 months. Additionally, where this provision results in the revocation of a short-term rental permit, the subject premises associated with the permit shall be barred from receiving a short-term rental permit, regardless of applicant, for a period of 24 months following the revocation for false information or misrepresentation.
Substantive amendments to a permit, including but not limited to an increase in the number of bedrooms used for short-term rental purposes, shall be processed in the same manner as an initial, new application, but upon approval shall not be deemed to restart the probationary term as described in § 40-4C.
A. 
The information required for a renewal is the same as for an initial permit issuance, except that the Building Inspector may waive any requirement other than notification of the renewal application to neighbors upon an inspection of the premises and a finding that the original application material is still valid and circumstances have not changed.
B. 
A compliance inspection shall be conducted prior to granting a renewal and within 21 days of receipt of a complete application for renewal.
C. 
The permit shall be renewed by the Building Inspector with no further action required by the Town Board if the following standards are met:
(1) 
Ongoing compliance with the conditions of this chapter and the original permit are verified; and
(2) 
Objections to permit renewal are not received by more than 25% of the owners and lessees of record within 500 feet of the subject premises.
D. 
Where the standards of § 40-12 are not met, the application will be referred to the Town Board for a permit decision pursuant to § 40-8E, F and G.
A. 
Upon receipt of a complaint or observation of noncompliance with the requirements of this chapter, the terms of the short-term rental permit or the requirements of the Residential or Fire Codes of the State of New York, the Town Code Enforcement Official may contact the manager of the short-term rental and arrange for a property inspection and investigation of the complaint within 24 hours.
B. 
After inspection and upon issuance of a notice violation of the requirements of this chapter, the terms of the short-term rental permit, or the Residential or Fire Codes of the State of New York, the Code Enforcement Official shall suspend the short-term rental permit.
C. 
Suspension. While a short-term rental permit is suspended, the permit holder is barred from renting or offering to rent the subject premises, except that the Code Enforcement Official may allow the permit holder to continue renting and operating the premises for a term of no more than 30 days, where the following conditions are met:
(1) 
The observed or suspected violation, if proven, would not result in significant risk to the health or safety of persons or property.
(2) 
The permit holder will not offer the premises for rent and will not sign any new rental contracts.
(3) 
If the violations cannot be verified to be remedied within 30 days, the permit holder will cancel any rental that is not scheduled to commence within 21 days.
D. 
Time to remedy. The permit holder shall have 60 days from suspension of the permit to remedy any violations issued by the Code Enforcement Official.
A. 
The Building Inspector may revoke or decline to renew a short-term rental permit where she or he finds that any of the following criteria are met:
(1) 
The permit holder provided false or misleading information during the application process, during a compliance inspection, or in connection with an investigation of violation by the Code Enforcement Official.
(2) 
The permit holder is delinquent in payment of state or county taxes, fines, or penalties assessed in relation to the short-term rental.
(3) 
An unresolved violation existed beyond the time to remedy.
(4) 
The permit holder was found guilty of any felony or misdemeanor occurring on the premises of the short-term rental or involving tenants or guests to the short-term rental.
(5) 
The subject premises were rented for transient occupancy while its short-term rental permit was lapsed, suspended, or revoked, except as otherwise permitted by § 40-13.
(6) 
More than three violations of the Residential or Fire Codes of the State of New York, Chapter 33A (Noise) of the Town of Monroe, or this chapter, or any combination thereof were issued within any twelve-month period.
(7) 
The permit holder or manager of the property barred entry of the Code Enforcement Official to the property after proper notification or otherwise unreasonably interfered with an inspection or investigation pursuant to § 40-13.
B. 
Any permit holder whose permit was revoked, denied, or not renewed shall be required to follow the procedures of § 40-8 (Procedure for first permit issuance).
A. 
Advertising or any communication that offers a property as a short-term rental home shall constitute prima facie evidence of the operation of a short-term rental home on the property and the burden of proof shall be on the owner, operator, or lessee of record to establish that the subject property is being used as a legal short-term rental home or is not in operation as a short-term rental home.
B. 
Advertising for a short-term rental home without a valid permit number is prohibited and constitutes a violation of this chapter, provided that:
(1) 
The alleged violator and the property owner shall be notified that all advertising without a valid permit number shall be terminated within seven days of the notice.
(2) 
Enforcement action pursuant to this chapter, including fines, may commence if advertising without a valid permit number continues after such warning.
C. 
Operating a short-term rental without a valid permit is prohibited. Evidence of operation may include advertising, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the Code Enforcement Official. Operating without a permit more than seven days after receipt of a notice of violation shall result in a property being made ineligible for a short-term rental permit for 24 months.
A short-term rental permit is not transferable, except that upon the death of a permit holder, the permit will transfer to an immediate family member or family members, where those family members inherit ownership of a minimum of a 50% interest in the legal title to the property that is the subject of the short-term rental permit. Immediate family includes a person's parents, spouse, siblings, stepparents, stepchildren, children, and their children's spouses.
[Adopted 2-6-2023 by L.L. No. 3-2023]
As used in this article, the following words shall have the meanings indicated:
[1]DWELLING UNIT
A structure or lawfully demised portion thereof designed and approved to be occupied as a residence by one " family" as defined in § 57-3 ( family).
[Amended 2-5-2024 by L.L. No. 1-2024]
FAMILY
For the purpose of this article, "family" shall mean as set forth in § 57-3 (family).
[Added 2-5-2024 by L.L. No. 1-2024]
IMMEDIATE FAMILY
For the purpose of this article immediate family shall mean as set forth in § 57-3 (Family).
INDEPENDENT STATE CERTIFIED CODE ENFORCEMENT OFFICIAL
An independent New York State trained and certified code enforcement inspector, who is not employed by the Town of Monroe or is an employee of the owner of the property being certified.
LEASE
An agreement by the owner or agent of a dwelling unit to allow the use of real property or occupancy of a dwelling unit on a non-transient basis (as defined in § 57-3) to a person or persons whether or not such agreement is in writing or whether or not such agreement is in exchange for compensation.
[Added 2-5-2024 by L.L. No. 1-2024
LESSEE (RENTER)
A person or family that occupies a dwelling unit or uses real property by lease with the owner.
[Added 2-5-2024 by L.L. No. 1-2024
MANAGING AGENT
Any individual, business entity, enterprise, trust, association, public utility or other legal entity responsible for the maintenance or operation of any residential rental property.[2]
OWNER
Any person, business entity, or association who, alone or jointly with others, holds a fee interest in real property with or without accompanying actual possession thereof; or a managing agent who is responsible for the maintenance and/or operation of real property; or an executor, administrator, trustee, receiver or guardian of an estate; or a mortgagee who has secured a judgment of foreclosure and sale, or who is in possession, title or control of real property, including but not limited to a bank or lending institution, regardless of how such judgment, possession, title or control was obtained.
RENTAL DWELLING
A dwelling unit that has been leased.[3]
[Added 2-5-2024 by L.L. No. 1-2024
[1]
Editor's Note: The former definition of "dormitory," which immediately preceded this definition, was repealed 2-5-2024 by L.L. No. 1-2024.
[2]
Editor's Note: The former definitions of "mixed use occupancy" and "multiple residence," which immediately followed this definition, were repealed 2-5-2024 by L.L. No. 1-2024.
[3]
Editor's Note: The former definition of "rental property," which immediately followed this definition, was repealed 2-5-2024 by L.L. No. 1-2024.
[Amended 2-5-2024 by L.L. No. 1-2024]
A. 
By owner.
(1) 
It shall be unlawful for the owner to lease any rental dwelling for which a valid rental permit has not been issued pursuant to this article.
(2) 
It shall be unlawful for the owner to submit for filing pursuant to this chapter false or misleading statements or information, or to submit for filing a certification or other document generated by one who did not inspect all portions of the rental dwelling.
(3) 
It shall be unlawful for the owner to concurrently lease or offer to lease one rental dwelling to more than one family as defined herein.
(4) 
It shall be unlawful for an owner to lease or offer to lease less than the entire dwelling unit to a family.
(5) 
It shall be unlawful for the owner to allow any lessee to sublet the property or portion thereof. It shall be unlawful for an owner to fail to reasonably enforce such restriction upon a lessee once a subletting arrangement is known.
(6) 
It shall be unlawful for the owner (that is not otherwise exempt under the provisions of § 40-22.1) to allow a property containing a rental dwelling to also be used for the operation of a business, including the outside storage of vehicles, equipment or supplies that are not customarily stored on a residential lot. A single commercial vehicle of less than 20 feet in length and less than 7,500 pounds curb weight, shall be permitted for each residential dwelling where such vehicle is also used in the course of daily housekeeping operations of the residence. It shall be unlawful for an owner to fail to reasonably enforce such restriction upon a tenant once a business use is known.
B. 
By engineer, architect and other consultant.
(1) 
It shall be unlawful for any engineer, architect or other consultant including an independent state certified code enforcement official to generate or produce a certification or other document for filing pursuant to this chapter containing false or misleading statements or information.
(2) 
To generate a certification without entering into and/or inspecting all portions of the rental dwelling.
(3) 
Nothing herein shall be deemed to prevent or limit prosecution of any individual under the New York State Penal Law or other statutes concerning false documents or filings.
[Added 2-5-2024 by L.L. No. 1-2024]
A. 
This chapter shall not apply to the following legally existing properties for which a certificate of occupancy is valid:
(1) 
Properties used solely for nonresidential purposes.
(2) 
A lot where at least one dwelling unit is the primary and permanent residence of the owner or owner's immediate family for no less than six months in any calendar year.
(3) 
Short-term rentals.
(4) 
Multiple dwelling groups (as defined by § 57-3) having approved bylaws and a homeowner's association, board or similar management organization on-site with jurisdiction over rental property, and the on-site office is manned during regular business hours and has an emergency hotline available for use during nonbusiness hours.
(5) 
Accessory apartment dwellings.
(6) 
Any property owned and/or operated by the United States, the State of New York, the County of Orange, Town of Monroe and their respective agencies and political subdivisions.
(7) 
Any property owned and/or operated by the United States, the State of New York, the County of Orange, Town of Monroe and their respective agencies and political subdivisions.
[Amended 2-5-2024 by L.L. No. 1-2024]
A. 
The presence or existence of any of the following conditions on a property that is not exempt pursuant to § 40-22.1 or that has received a permit pursuant to the requirements of this article shall create a rebuttable presumption that a property is in violation of this article.
(1) 
The property is occupied by someone other than the owner, and the owner or managing agent of the property represents in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the rental dwelling.
(2) 
Persons living on the property represent that they pay rent to the owner of the premises.
(3) 
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.
(4) 
Testimony by a witness with personal knowledge of the facts that a person other than the record owner resides at the premises.
(5) 
There is more than one mailbox per dwelling unit based on the certificate of occupancy and/or tax records for the premises.
(6) 
There is more than one gas meter per dwelling unit based on the certificate of occupancy and/or tax records for the premises.
(7) 
There is more than one electric meter per dwelling unit based on the certificate of occupancy and/or tax records for the premises.
(8) 
There are separate entrances into the building, which appear to be used by different persons or groups of persons.
(9) 
There are partitions or lockable internal doors which may serve to bar access between segregated portions of the same dwelling unit, including but not limited to keyed locks or padlocks on bedroom doors.
(10) 
There exists an inability of any non-minor occupant of the dwelling unit to have unimpeded and/or lawful access to all parts of the rental dwelling.
(11) 
The dwelling unit contains two or more kitchens each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. This factor alone shall not be deemed presumptive where a second kitchen exists for a religious reason.
(12) 
There are more vehicles regularly parked at the property than equal the number of total dwelling units plus the number of total bedrooms based on the certificate of occupancy and/or tax records for the premises; for example, if a property contains a single three-bedroom dwelling, there are more than four vehicles parked (one for dwelling plus three for bedrooms); for further example, if a property contains an efficiency/studio, a one-bedroom unit and a two-bedroom unit, there are more than six vehicles parked (three for dwellings plus three for bedrooms).
A. 
A rental permit and renewal thereof shall be valid for a period of two years from the date of issuance unless sooner terminated. No permit or renewal thereof shall be issued unless the property is in compliance with all the provisions of the Code of the Town of Monroe, and meets the requirements of all applicable county, state and federal laws, codes, rules and regulations.
B. 
Nothing in this article, except in the case of an emergency pursuant to § 23-23I or upon a warrant duly issued by a court of law, shall be deemed to authorize or require that the Town conduct an inspection of any property without the consent of the owner or managing agent, if the dwelling unit or units are unoccupied, and if occupied, with the consent of the occupant, owner or managing agent of the property.
C. 
All printed or online advertisements of an available rental dwelling shall include the rental permit number.
[Added 2-5-2024 by L.L. No. 1-2024]
A. 
The owner of a dwelling unit shall apply for a rental permit before the dwelling unit is leased or advertised for lease. Failure to file an application or to apply within the specified period shall be deemed a violation of this article. Each rental dwelling shall require a separate rental permit.
[Amended 2-5-2024 by L.L. No. 1-2024]
B. 
Transfer of property. The rental permit for a rental dwelling shall expire 30 days following the closing of title transferring ownership of the rental dwelling or the property on which the rental dwelling is located. Where an owner purchases a property having a rental permit and existing lawful lessees in accordance with the rental permit, and where the new owner files a new permit application prior to the expiration of the previous rental permit, the previous permit shall be extended for a term of six months or until such time as a permit decision is made, whichever occurs first, except that the new owner shall not lease the property to any new tenants while the application is being processed
[Amended 2-5-2024 by L.L. No. 1-2024]
C. 
Application. Applications for rental permits shall be on forms provided by the Town Building Department and signed by each owner or managing agent of the property and must be submitted with an application fee as set forth in the Town Fee Schedule. Where multiple rental permit applications are made for a single building or property, the Town Board may reduce the fee where it finds that the full fee is not required by virtue of the ability for the applications to be processed jointly. In no instance shall the filing of an application and payment of fees be construed as to exonerate the owner or managing agent of responsibility for compliance with the building, housing and maintenance requirements of any local, county, state or federal agency having jurisdiction. Each application shall include the following information as is determined applicable in the discretion of the Building Inspector:
[Amended 2-5-2024 by L.L. No. 1-2024]
(1) 
A copy of the latest deed to the property; and
(2) 
Latest survey of the property, if available or a plot or schematic showing the size and location of the lot and all buildings and structures thereon; and
(3) 
Government issued proof of residency of each owner with picture ID (driver's license, passport, etc.), and the address and contact number thereof; and
(4) 
The name, address and contact number of the managing agent, if applicable; and
(5) 
A signed and notarized certification in a form acceptable to the Building Inspector by each property owner or managing agent attesting to the total number of persons occupying each rental property or rental unit owned or managed by the registrant as of the date of registration; and
(6) 
Location of the premises, the number of dwellings units located therein, and number of persons to be accommodated; and
(7) 
A floor plan of each dwelling unit and the accommodations; and
(8) 
The maximum number of vehicles expected to be parked on the property, including the occupants of the rental unit, and the number of vehicle spaces available on the property.
(9) 
Where the applicant is an corporate entity or partnership, an entity disclosure form as required by Town Code § 23-11.1 as well as proof of authorization to do business in the State of New York.
(10) 
A certification from an independent professional engineer or registered architect, other than the property owner, licensed in the State of New York and containing their seal, or the certification of the Town Building Inspector/Code Enforcement Officer, or of an independent state certified code enforcement official, attesting that the property at issue is in compliance with the Monroe Town Code, and meets the requirements of all applicable county, state and federal laws, codes, rules and regulations.
(11) 
Such other information and/or documentation deemed necessary by the Building Inspector, which may include:
(a) 
If the owner is an estate, the names, business and residence addresses of the executor or administrator of the estate shall be provided;
(b) 
If the owner is a trust, the names, business and residence addresses of all trustees and/or grantors shall be provided;
(c) 
If the owner is any other form of unincorporated association, the names, business and residence addresses of all principals/officers;
(d) 
If the owner is an individual person, the names, business and residence addresses of that individual person shall be provided.
(e) 
If none of the persons listed in Subsection C(11)(a) through (d) above are within the State of New York, the registration statement shall provide the names, business and residence addresses of a person who resides within the State of New York and who is authorized to accept service of process on behalf of the owner(s). Registration statement shall designate a responsible local party or agent for purposes of notification in the event of an emergency involving the property which affects the public health, safety or welfare.
D. 
Duty to amend. If the status of the information changes during the course of any calendar year, it is the responsibility of the owner or managing agent to submit such changes to the Building Inspector in writing within 30 days of the occurrence of such change.[1]
[1]
Editor's Note: Former Subsection E, Noncompliance, which immediately followed this subsection, was repealed 2-5-2024 by L.L. No. 1-2024.
A. 
Application fee. A nonrefundable application fee as set forth in the Town Fee Schedule shall be payable upon application.
B. 
Initial approved permit fee. A nonrefundable approved permit fee as set forth in the Town Fee Schedule shall be payable before an initial rental permit or renewal permit is issued.
C. 
Renewal fee. A nonrefundable application fee as set forth in the Town Fee Schedule shall be submitted by the original applicant.
D. 
Late charges. A late charge equal to two times the amount of the permit fee, prorated for the period of delay, shall be charged to owners and/or managing agents who fail to apply for a rental permit or renew their permits on a timely basis.
E. 
Inspections. If the owner requests that an inspection or reinspection be performed by the Town Building Department instead of a licensed professional engineer or registered architect, a nonrefundable fee, as set forth in the Town Fee Schedule shall be charged. If the property owner or his agent fails to appear for a scheduled inspection, any rescheduled inspection shall be subject to payment of another inspection fee.
F. 
Compliance required.
(1) 
Nothing in this article, except in the case of an emergency pursuant to § 23-23I or upon a warrant duly issued by a court of law, shall be deemed to authorize or require that the Town conduct an inspection of any property without the consent of the owner or managing agent, if the dwelling unit or units are unoccupied, and if occupied, with the consent of the occupant, owner or managing agent of the property.
A. 
A rental permit may be renewed by application to the Building Inspector as in the case of an original permit application, along with submission of the required fee set forth in the Town Fee Schedule and submission of any documents required by the Town Building Inspector.
B. 
All applications for a renewal of a permit shall be filed before the expiration of the original permit and are subject to the late charges set forth in the Town Fee Schedule. A permit may only be renewed by the same owner for the same property upon the payment of the permit renewal fee set forth in the Town Fee Schedule. In the event of a change of ownership where the new owner seeks a rental permit, the initial application fee and initial approved permit fees set forth in the Town Fee Schedule shall apply to the new owner.
C. 
All applications for renewal of a permit shall require a certification from an independent professional engineer or registered architect, other than the property owner, licensed in the State of New York and containing their seal, or the certification of the Town Building Inspector attesting that the property at issue is in compliance with the Monroe Town Code, and meets the requirements of all applicable county, state and federal laws, codes, rules and regulations.
A. 
Basis for denial. Any application for a rental permit, including the renewal or transfer of a permit, can be denied for the reasons set forth in § 40-36. In the event an application is denied, notice of denial shall be given in writing and served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the 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 deemed valid.
B. 
Notice of denial. The notice of denial shall set forth the grounds therefor and contain a statement that the applicant may appeal such denial by filing a written request for an appeal thereof with the Monroe Town Clerk within 20 days of receipt of the notice of denial and notice that payment of the fee set forth in the Town Fee Schedule shall be required to cover the costs of processing the appeal. The notice shall also contain a statement that the applicant may submit written objections to the denial, and any other information the applicant deems advisable or necessary. The Town Clerk shall forward a copy of the appeal to the Town Attorney and the Building Inspector for further review and processing.
C. 
Notice of hearing. Notice of the date, time and place of the hearing shall be given in writing and served by registered or certified mail, return receipt requested to the applicant at the address shown on the application. The notice shall contain a statement that (1) the applicant is entitled to be represented by legal counsel at the hearing and may present the testimony of witnesses and such other evidence in his or her own behalf as may be deemed relevant or necessary, and (2) in the event the applicant fails to appear for the hearing, the denial shall remain in full force and effect and be final.
D. 
Conduct of hearing. The hearing shall occur before the Town Board and may be adjourned by the Town Board only upon good cause shown, unless otherwise agreed to between the Town and the applicant. At the hearing the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. The applicant may present the testimony of witnesses, experts and other evidence in his or her own behalf as he or she deems advisable. The Building Inspector, Code Enforcement Officer or other witness may appear and give testimony or submit evidence in support of the determination to deny a permit, or to deny the transfer or renewal of same, as deemed necessary by the Town. All hearings shall be recorded either by a stenographer or by an audio recording.
E. 
Town Board review. The Town Board shall consider the evidence presented and shall submit its findings in writing within 30 days of the close of the hearing. A copy of the Town Board's written determination shall be filed with the Building Inspector and the Monroe Town Clerk and served on the applicant or applicant's attorney in the same manner as the original notice.
F. 
Final order. The failure of the applicant or his attorney to appear and participate at the scheduled hearing shall result in the automatic affirmance of the denial. The final order of denial shall be served upon the applicant or applicant's attorney in the same manner as the original notice of denial.
G. 
Reapplication for a permit. Once an application has been denied, no reapplication for a permit, or a renewal or transfer of a permit, shall be accepted for filing until the applicant has satisfactorily remedied the conditions that formed the basis for denial to the satisfaction of the Town.
[Amended 2-5-2024 by L.L. No. 1-2024]
A. 
An application for the issuance of a rental permit may be denied, including an application for the renewal or transfer of a permit, under the following circumstances.
(1) 
The rental dwelling, or parts thereof, is determined to be unfit for human habitation or occupancy or a hazard to the public because of the failure of the owner or occupant to comply with notice(s) or order(s) issued by the town, or due to a prolonged lack of maintenance or owner failure; or
(2) 
The rental dwelling, or parts thereof, contains unsafe equipment, wiring, pipes or other conduit or installation, or lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public; or
(3) 
The rental dwelling, or parts thereof, is damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a hazard to the health and safety of the occupants or the public; or
(4) 
The rental dwelling or the property it is located on, because of its location, general condition, state of the premises, number of occupants or other reason, is unsanitary, unsafe, hazardous, overcrowded or for other reasons is detrimental to the health and safety of the occupants or the general public in whole or part, including but not limited to the parking of a number of vehicles that routinely exceeds the available parking on the site; or
(5) 
Occupancy of the rental dwelling or the property it is located on 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; or
(6) 
The certificate of occupancy or letter in lieu of the rental dwelling is in the process of being suspended or revoked. In such cases, any pending application for a rental permit, or for the renewal or transfer of a permit, shall be held in abeyance pending the outcome of such suspension or revocation proceeding, and the application shall be denied if the certificate of occupancy or letter in lieu is ultimately suspended or revoked. Any decision to deny an application for a permit, or a renewal or transfer of same because of the suspension or revocation of a certificate of occupancy or letter in lieu shall be final.
(7) 
The existence of any other condition or circumstance which, in the opinion of the Town is dangerous, illegal, unsafe or jeopardizes the health, welfare and safety of the general public or occupants.
B. 
Notwithstanding anything contained herein to the contrary, the Building Inspector, or his designee, as the circumstances warrant and on a case-by-case basis, may authorize a short extension of time to allow the property owner to rectify a minor condition or irregularity on the property prior to denying the application outright, including, for example, the installation of working smoke detectors and carbon monoxide detectors. Nothing contained herein shall authorize the Building Inspector to permit a property owner or person in charge of the property time to rectify an illegal extension, alteration, conversion, use or other change made in violation of the Town Code or other applicable law or rule. In such event, the application shall be denied and a notice of violation, notice to comply, notice to remedy, and/or summonses issued.
A. 
Any permit issued pursuant to this chapter may be revoked by the Town, under the following circumstances:
(1) 
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, including but not limited to the schematic, or certification by the licensed professional engineer or registered architect; or
(2) 
The Town has suspended or revoked the certificate of occupancy or letter in lieu for the rental dwelling.
[Amended 2-5-2024 by L.L. No. 1-2024]
(3) 
The property is the subject of enforcement proceedings for violations of either the Town Code or State Building and Fire Code that have not been timely remedied by the property owner and such violations concern matters of health, safety and/or welfare of occupants of the structure for which the rental permit was issued.
(4) 
A certificate of occupancy for the property with the rental permit is the subject of a pending proceeding by the Town to suspend or revoke the certificate of occupancy or letter in lieu for such structure.
(a) 
In cases where a rental permit has already been issued for such property, a notice of the Town's intention to suspend or revoke the certificate of occupancy or letter in lieu may be served simultaneously with a notice of the Town's intention to revoke a rental permit, either in one notice document or two.
(b) 
When a rental permit is proposed for revocation due to the anticipated revocation or suspension of a certificate of occupancy or letter in lieu, the procedure set forth in Chapter 23 of the Town Code to suspend or revoke the certificate of occupancy or letter in lieu shall control and apply equally to the proposed revocation of the rental permit, except that any notice of the Town's proposal to revoke the rental permit shall cite this section as a basis for such action.
B. 
Written notice. Written notice of the Town's intention to revoke a rental permit shall be served by the Town Building Department by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the 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. Said notice shall state that the applicant is entitled to be represented by legal counsel at the hearing and may present the testimony of witnesses and such other evidence in his or her own behalf as may be deemed relevant or necessary. In the event the permit was issued in error or as a result of a false or misleading statement, submission or certification, the notice shall identify the error, omission, false or misleading statement or submission at issue; the date, time and place of the hearing to be held before the Town Board to revoke the rental permit; and a statement that upon the applicant's failure to appear for the hearing, then in such event the rental permit shall be automatically revoked.
C. 
Amendment, modification or withdrawal. The Building Inspector or Code Enforcement Officer may amend, modify or withdraw any notice issued if, in his or her judgment, the circumstances warrant such action provided the amended or modified notice is served in the same manner as the original notice within five days of mailing the original notice, and a hearing has not occurred, except that a notice may be withdrawn in its entirety and not reissued at any time.
D. 
Conduct of revocation hearings. Any hearing concerning a revocation of a permit shall be conducted in accordance with § 40-28D and E of this article.
E. 
Final order of revocation. The failure of the applicant or his attorney to appear at the scheduled hearing shall result in the automatic revocation of the rental permit. The order of revocation shall be mailed to the applicant or his attorney in the same manner as the original notice.
F. 
Effect of revocation. If a permit is revoked, no application for a new permit will be accepted for filing until the applicant has remedied the conditions that formed the basis of the revocation to the satisfaction of the Town, if applicable. Once remedied, the applicant will have to apply for a new permit and pay the fee as in the case of an original application.