[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 2-8-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 132 but was renumbered to accommodate the existing content of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
LANDLORD
Any property owner or designated agent who offers a housing unit for occupancy to persons other than members of immediate family in exchange for a fee or compensation, whether monetary or otherwise. The "immediate family" of the owner of a housing unit consisting of the owner's spouse, children, parents, grandparents or grandchildren.
RENTAL UNIT
Any premises utilized for a short-term rental and any multiple dwellings. This definition specifically excludes single-family residences used for long term rentals, periods of more than 30 days.
TENANCY REGISTRY
A listing of premises within the Village that are subject to be utilized as rentals to tenants as defined herein.
TENANT
An individual (or individuals) who holds or occupies premises of another for residential purposes; one who has a temporary use and occupation of real property owned by another person herein called the "landlord." The term "tenant" shall include short-term rentals for periods of less than 30 days, known as "Air Bnb," or other short-term commercialized rentals, as well as month-to-month tenants, or longer-term tenants, whether pursuant to a lease or not.
A. 
Prior to any landlord leasing any rental unit as defined above within the Village to a tenant, the landlord shall complete and submit a rental property registration form and submit the same to the Village Code Enforcement Officer together with any applicable fee. The registration shall be valid for two years from the date of issuance. The property owner shall submit a renewal of said registration no less than 30 days prior to expiration of any existing registration for the premises rented. The registration application shall contain the following information:
(1) 
Property owner; if a corporation, a list of the persons responsible for local corporate operations must be indicated.
(2) 
Proof of ownership.
(3) 
Property address, physical and mailing for owner and the tenants, if known.
(4) 
Zoning district.
(5) 
Tax Map number.
(6) 
Number of unit(s) proposed.
(7) 
Floor plan sketch of unit(s) and facilities included for rental, in a form suitable for review in the discretion of Village Code Enforcement Officer for the application.
(8) 
Demonstration of suitable parking for the rental.
(9) 
The contact information for the landlord or landlord's agent inclusive of the name, address, telephone number and email. Such person must be available to respond to complaints, inspection requests or emergent situations at the rental property. The contact persons shall be available to respond to the rental property for emergent situations on no less than one-hour notice.
(10) 
Anticipated tenancy conditions, typical term or terms of occupancy, obligations of tenant and landlord, such as garbage removal, maintenance, parking, snow removal and utility obligations.
(11) 
Any additional information required in the discretion of the Village Code Enforcement Officer.
B. 
The Village Tenancy Registry shall be maintained by the Village Building Inspector. No property subject to this registry shall be rented until the Tenancy Registration is approved and the unit has received a tenancy certificate of occupancy as provided herein.
The landlord of the premises shall complete and submit a tenancy certificate of occupancy application form and submit the same to the Village Code Enforcement Officer together with any applicable fee. The premises shall be made available for inspection by the Code Enforcement Officer.
Each rental unit, as defined herein, that is to be rented to a tenant shall be inspected at no less than two-year intervals. Inspections are mandated by this chapter for all residential rental units that have a tenant as defined above. Inspections are also required in certain instances by Chapter 62, Fire Prevention and Building Code, of the Code of the Village of Kinderhook, as well as NYS Regulations 19 NYCRR 1203.3.
Upon inspection and approval of the premises by the Village of Kinderhook Code Enforcement Officer, the Code Enforcement Officer shall issue a tenancy certificate of occupancy. It is the intent that the premises rented meet the applicable New York State Uniform Fire Prevention and Building Code and Chapter 130, Zoning, of the Village of Kinderhook.
The tenancy certificate of occupancy shall be valid for two years from the date of issuance. The property owner shall submit a renewal of said tenancy certificate of occupancy no less than 30 days prior to expiration of any existing certificate for the premises rented.
A. 
In addition to those remedies and penalties as set forth in Executive Law § 382, any landlord who shall rent premises in violation of any provision or provisions of this chapter shall be guilty of a violation and shall be punishable by a fine of not more than $250 or imprisonment not exceeding 15 days, or both.
B. 
Each and every violation of a provision or provisions of this chapter shall be deemed a district and separate violation.
The fees for the rental property registry, tenancy inspections and tenancy certificates of occupancy shall be set by resolution of the Village Board of Trustees and shall be made payable to the Village of Kinderhook.