[HISTORY: Adopted by the Board of Trustees of the Village
of Massena as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-17-2023 by L.L. No. 8-2023[1]]
[1]
Editor's Note: This local law was adopted as Ch. 291 but was
renumbered to maintain the organization of the Code.
The Board of Trustees of the Village of Massena hereby establishes
a program for the enactment, enforcement and administration of a rental
property registry requirement for all rental units within the corporate
boundaries of the Village of Massena and for the periodic registration
of all landlords and rental property owners for the purpose of regulating
rental property conditions.
As used in this article, the following terms shall have the
meanings indicated:
Any landlord who resides outside the designated boundaries
of St. Lawrence County as those boundaries may be defined at the time
of regular, periodic property registration.
Any single unit with provisions for cooking, living, sanitary
and sleeping facilities designed exclusively for residential use which
is capable of housing one separate household, whether a detached single-family
structure or building or part of a multihousehold structure or building.
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner 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.
A certificate issued by the Village of Massena for a building
that has three or more dwelling units therein, stating that the referenced
structure or unit conforms to the standards of the New York State
Uniform Fire Prevention and Building Code, Property Maintenance Code,
and General Code of the Village of Massena and that occupancy of that
structure or unit is permitted for residential use. Any special circumstances
or conditions under which occupancy is permitted may be specified
on that certificate.
Any housing unit or units which are occupied by persons other
than the owner or immediate family or for which a fee or compensation,
monetary or otherwise, is received by the owner in exchange for such
occupation, but shall not include:
Legally existing hotels, motels, and bed-and-breakfasts providing
short-term transient accommodations.
Any housing owned or managed by the Massena Housing Authority
or any affordable or senior multifamily dwelling unit developments,
owned and/or managed by a not-for-profit organization.
Condominiums or residential cooperatives.
Units utilized as an Airbnb, VRBO, or other form of short-term
rental.
A representative of a property owner or landlord who resides
within the designated boundaries of St. Lawrence County as defined
at the time of periodic property registration.
Any deficiency in a structure or housing unit as defined
by the New York State Uniform Fire Prevention and Building Code, Property
Maintenance Code, and General Code of the Village of Massena.
A.
All landlords must register with the Village of Massena on or before
December 31 of each and every calendar year. Upon adoption of this
article, initial registration will begin as soon as practicable after
this article is effective. It is the responsibility of the property
owner to register any rental property or properties, and failure to
do so shall constitute a violation of this article and is subject
to the penalties set forth herein. Registration of properties shall
be at no cost.
B.
All absentee landlords must have a resident agent for each rental
unit regardless of number of dwelling units.
C.
All rental properties with three or more dwelling units must have
a valid rental certificate as set forth herein and must be inspected
on an annual basis by such person as may be designated by the Village
of Massena Board of Trustees from time to time.
D.
Any substandard condition identified during an inspection must be corrected by the property owner before a rental certificate shall be issued. Fees for inspection shall be assessed as set forth in § 300-29, Building permits, certificates of occupancy and other fees.
E.
No housing unit shall be let, rented or occupied by someone other
than the owner or his immediate family until the rental property has
been registered.
A.
All property owners that, as of the effective date of this article,
rent a housing or dwelling unit within the Village of Massena must
register their property with the Code Enforcement Office no less than
30 days after the effective date of this article. Such registration
shall be on a form designated by the Code Enforcement Office from
time to time.
B.
Any property owner that rents a housing or dwelling unit after the
effective date of this article must register their property with the
Code Enforcement Office no less than five days prior to renting such
housing or dwelling unit. Such registration shall be on a form designated
by the Code Enforcement Office from time to time.
C.
All landlords must renew their registration annually with the Village
of Massena Code Enforcement Office on or before December 31 of each
and every calendar year.
D.
Absentee landlords must designate a resident agent for service of
process that resides within the corporate boundaries of St. Lawrence
County. The contact information for such resident agent must be provided
to the Village Code Enforcement Office at the time of each and every
registration as set forth above. If a resident agent's residence
should be removed from St. Lawrence County at any time during a yearly
registration period, a new agent must be designated by the property
owner, and the contact information for the new resident agent must
be provided to the Code Enforcement Office within 30 days of the prior
resident agent moving from St. Lawrence County.
E.
In the event of a resident agent no longer representing a property,
the contact information for a new resident agent must be reported
to the Code Enforcement Office within 30 days of such change.
F.
It shall be a violation of this article for any property owner to
offer any housing or dwelling unit for rent, or to allow any housing
or dwelling unit to be occupied, without registering with the Code
Enforcement Office as set forth herein.
G.
Failure to receive notice of registration deadlines will not excuse
failure to register as set forth herein. It is the property owner's
responsibility to fulfill registration requirements.
A.
No rental unit with three or more dwelling units may be occupied
without a valid rental certificate. No rental certificate shall be
issued until the housing unit has been inspected by a Code Enforcement
Official or Building Safety Inspector to determine that the requirements
of this article and the New York State Uniform Fire Prevention and
Building Code, Property Maintenance Code, and General Code of the
Village of Massena have been met.
B.
Any rental unit with three or more dwelling units that is occupied at the time of the effective date of this article may continue to be occupied, even if substandard, so long as that unit does not constitute an unsafe structure as defined in § 120-4 of the Village Code and/or the New York State Uniform Fire Code. Such units will be issued a provisional rental certificate valid for up to 30 days to allow the property owner to bring the property and all dwelling units therein up to minimal standards. Such provisional rental certificate shall be valid only for the tenants in possession or residence at the time of the effective date of this article.
C.
Any rental unit with three or more dwelling units that is not occupied
at the time of the effective date of this article must obtain an initial
rental certificate prior to allowing occupancy by any tenant.
D.
A rental certificate shall be valid for a period of one year from
the date it is issued. Upon the expiration of a rental certificate,
an updated and renewed rental certificate must be issued by the Code
Enforcement Office.
E.
Rental units determined to be unsafe according to the provisions of § 120-4 of the Village Code, and/or the New York State Uniform Fire Code, will be designated as an "unsafe structure" as provided by those chapters and must be vacated. The notice to vacate the unit and any expenses resulting from that eviction are the sole responsibility of the property owner. The Village will not issue eviction notices, nor assume any responsibility for relocation or displacement expenses.
F.
If the unit passes inspection, a rental certificate shall be issued
within 10 business days of the date of inspection. If the unit does
not pass inspection, a notice of violation and work description shall
be issued within 10 business days of the date of the inspection.
G.
In the event that the Village does not perform the specified action
within the time period stated, the previous rental certificate will
be considered valid for the time that the tenant in possession or
residence at the time of application for certificate remains in possession
or residence of the unit in question.
H.
Landlords or their agents must present the previous rental certificate
when applying for a new certificate. Date of the last inspection will
be verified from the previous certificate.
A.
Inspections of rental units shall be conducted on an annual basis
to determine compliance with the New York State Uniform Fire Prevention
and Building Code, Property Maintenance Code, and General Code of
the Village of Massena.
B.
All inspections finding substandard conditions will be subject to
the procedures set forth for violation of the New York State Uniform
Fire Prevention and Building Code, Property Maintenance Code, and
General Code of the Village of Massena. The landlord shall correct
any and all deficiencies found in said inspection within 30 days.
Any deficiencies deemed as life safety deficiencies shall be corrected
immediately. The landlord shall be responsible for notifying the Code
Enforcement Official or Building Safety Inspector when deficiencies
are corrected for a follow-up inspection.
C.
Inspections shall be conducted and violations shall be compiled and
issued by the Code Enforcement Official or Building Safety Inspector.
D.
The Code Enforcement Office or Building Safety Inspector shall be
responsible for arranging for the inspection of rental units with
three or more dwelling units and for initiating any other appropriate
action under this article. The inspections will be conducted during
normal business hours as defined by the Code Enforcement Office.
E.
Failure to have a current rental certificate will result in revocation
of the certificate of occupancy until an inspection is conducted and
a current rental certificate is issued. In the event the certificate
of occupancy is revoked, all occupants must be vacated. The notice
to vacate the unit and any expenses resulting from that eviction are
the sole responsibility of the owner. The Village will not issue eviction
notices, nor assume any responsibility for relocation or displacement
expenses when that eviction is a result of the owner's noncompliance
with this article.
A.
Violations of this article shall constitute a violation and will
be subject to applicable penalties under this article, in addition
to those imposed by any other applicable code or ordinance.
B.
Penalties for violations of this article, by either failing to register
as a landlord or agent or by allowing occupancy without valid certificate,
shall be imposed as follows:
C.
Penalties for violations of this article shall result in the Village
assessing the penalty thereof against said premises, to be collected,
with interest, in the same way and manner as Village taxes.
D.
If the owner neglects or refuses to pay the fine(s) as stated in
this section within 30 days after notification, the Village shall
add such fine(s) onto the dwelling's property tax bill, and it
shall become a lien on the property/dwelling.
E.
Failure to have a current rental certificate will result in revocation
of the certificate of occupancy until an inspection is conducted and
a current rental certificate is issued. In the event the certificate
of occupancy is revoked, all occupants must be vacated. The notice
to vacate the unit and any expenses resulting from that eviction are
the sole responsibility of the owner. The Village will not issue eviction
notices, nor assume any responsibility for relocation or displacement
expenses when that eviction is a result of the owner's noncompliance
with this article.
F.
Each week that any violation continues after notification that such
violation exists shall be considered a separate offense. These penalties
shall be in addition to any other penalty provided by law. The Village
may also seek injunctive relief to prevent the continued violation
of this article.
This article shall take effect upon filing with the Secretary
of State.
