This chapter shall be known and may be cited as the "Licensing
of Rental Dwelling Units Law of the Incorporated Village of Stewart
Manor, New York."
The Board of Trustees has determined that there exist within
the Village of Stewart Manor serious concerns which have arisen from
the rental of dwelling units that are substandard or violative of
the codes and ordinances of the Village, are inadequate in size, and
are overcrowded and dangerous. Such dwelling units pose hazards to
the lives, limbs and property of residents of the Village and to others.
Such dwelling units also tend to promote or encourage deterioration
of the housing stock of the Village, create blight, excessive vehicle
traffic and parking problems, and overburden municipal services. The
purpose of this chapter is to halt the proliferation of such conditions,
and to enhance the public health, safety, welfare and the good order
and governance of the Village. These regulations are intended to be
remedial in nature and effect.
A.
Scope. This chapter shall apply to all rental dwelling units, 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. The provisions of this chapter shall not
apply to plans approved for filing by the Attorney General of condominium
complexes and cooperative apartment complexes. Any 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 not occupied by the legal owner thereof.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes or regulations,
and nothing in this chapter shall be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or 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 article and any applicable state or local laws, ordinances, codes
or regulations, the more restrictive or stringent provision or requirement
shall prevail. The issuance of any permit or the filing of any form
under this chapter does not make legal any action or statement of
facts that is otherwise illegal under any other applicable legislation.
As used in this chapter, the following terms shall have the
meanings indicated:
Building Inspector of the Village of Stewart Manor, or the
delegates and assistants of such inspector.
A structure or building, or part thereof, or an area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
A return, in money, property or other valuable consideration
(including payment in kind or 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.
A dwelling unit established, occupied, used or maintained
for 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. 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.
A rental dwelling or dwelling unit occupied by persons other
than the owner or a family member of the owner and for which rent
is received by the owner, directly or indirectly, in exchange for
such rental occupation for a period of less than 28 nights. For the
purposes of this chapter, the term "transient rental property" shall
mean all non-owner-occupied dwelling units rented for a period of
less than 28 nights and shall not include:
Properties used exclusively for nonresidential commercial purposes
in the Business Zoning District.
Presumption of dwelling unit as transient rental property.
