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.
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.
Any such violations found by the Village of Kinderhook Code
Enforcement Officer shall be corrected before the tenancy certificate
of occupancy issued.
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.
No rental unit may be occupied by a tenant until such time a
tenancy certificate of occupancy has been issued by the Code Enforcement
Officer.
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.