[Adopted 10-24-2023 by L.L. No. 6-2023]
As used in this article, the following terms shall have the
meanings indicated:
The County Executive of the County of Rockland.
The Legislature of the County of Rockland.
The governing board of a municipality as defined by NYS General
Municipal Law § 2; except that with respect to the County
of Rockland, it is the County Legislature.
Any government program, or a program of a private person
or entity, which purports to pay, directly or indirectly, in full,
in part, or by subsidy, the housing costs for an individual, or group
of individuals, by cash payments, vouchers, contract, or similar device,
where payments are made directly or indirectly to program participants,
landlords, or a landlord's agents. Such programs do not include
any program established by federal or state law, where that program
contains provisions for intergovernmental planning and cooperation.
It further does not include any arrangement by an individual making
such payments to or on behalf of a family member.
A municipal corporation as defined by NYS General Municipal
Law § 2.
Any municipality, as defined herein, not located within Rockland
County.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, municipality
(as defined herein), or any other legal or commercial entity of any
kind or description.
Temporary housing authorized or regulated by NYS Social Services
Law § 62.
A.
Requirements for social services housing.
(1)
No person may establish social services housing in Rockland County
without adhering to the requirements of all applicable statutes, laws,
regulations, and rules of the United States of America, New York State,
the County of Rockland and any affected municipality for the establishment
of such social services housing and all related administrative directives
of the NYS Office of Temporary and Disability Assistance, including
but not limited to NYS Social Services Law Art. 2-A, and Art. 3, Titles
1 and 2; 18 NYCRR Parts 352, 491 and 9000; NYS Office of Temporary
and Disability Assistance Administrative Directive 6-ADM-07; and all
state and local zoning and building laws, rules, and regulations.
(2)
No person may establish or operate, or cause another to establish
or operate, social services housing in Rockland County without a license
issued to the person by the County Executive, which license must be
approved by the Legislature of Rockland County and the governing board
of the Rockland County municipality where the social services housing
facility will be located. In addition, where the social service housing
is wholly or partly funded by an outside municipality, the license
must be approved by the governing board of the outside municipality
operating, or causing another to operate, the social services housing.
(3)
No property owner or other person with authority over a property
in Rockland County, such as a tenant, property manager, agent, or
broker, may allow or participate in a social services housing program
operated, or caused to be operated, at such person's property
without a license for the owner of the property, issued to the person
by the County Executive, which license must be approved by the Legislature
of Rockland County and the governing board of the Rockland County
municipality where the social services housing facility will be located.
In addition, where the social services housing is wholly or partly
funded by a municipality, the license must be approved by the governing
board of the municipality operating, or causing another to operate,
the social services housing.
(4)
Any license for a municipality's social services housing program
issued by the County Executive must, among any other requirements,
ensure that the life, liberty, and property of the people of this
county are protected and contain terms and conditions sufficient for
the county to:
(a)
Obtain data sufficient to gauge the effect of the social services
housing on the county's residents, municipalities, districts,
and authorities; and
(b)
Secure the health, safety, welfare, and education needs of the
people residing in the County, whether for the short- or long-term,
including those persons intending to reside in any social services
housing, and ensure that the outside municipality establishing the
social services housing engages in a plan acceptable to the County
for the long-term health, safety, welfare, education and housing of
persons coming to and residing in this county as a result of the outside
municipality's program; and
(c)
If the social services housing is funded wholly or partly by
an outside municipality, require payments from the outside municipality
engaging in the social services housing sufficient to offset the cost
of the municipality's social services housing to the County's
residents, municipalities, districts, and authorities. The payments
will be disbursed to the taxing jurisdictions that levied taxes against
the property.
(5)
The County Executive may delegate the responsibilities related to
the issuance of licenses to any other county officer or employee.
B.
Requirements for housing programs.
(1)
No person may establish or operate, or cause another to establish
or operate, a housing program at a property in Rockland County without
a license issued to the person by the County Executive, which license
must be approved by the Legislature of Rockland County and the governing
board of the Rockland County municipality where the housing program
facility will be located. In addition, where the housing program is
wholly or partly funded by an outside municipality, the license must
be approved by the governing board of the outside municipality operating,
or causing another to operate, the housing program.
(2)
No property owner or other person with authority over a property
in Rockland County, such as a tenant, property manager, agent, or
broker, may allow or participate in a housing program operated, or
caused to be operated, at such person's property in Rockland
County without a license for the owner of the property, issued to
the person by the County Executive, which license must be approved
by the Legislature of Rockland County and the governing board of the
Rockland County municipality where the housing program facility will
be located. In addition, where the housing program is wholly or partly
funded by a municipality, the license must be approved by the governing
board of the municipality operating, or causing another to operate,
the housing program.
(3)
Any license for a municipality's housing program issued by the
County Executive must, among any other requirements, ensure that the
life, liberty, and property of the people of this county are protected
and contain terms and conditions sufficient for the County to:
(a)
Obtain data sufficient to gauge the effect of the housing program
on the County's residents, municipalities, districts, and authorities;
and
(b)
Secure the health, safety, welfare, and education needs of the
people residing in the County, whether for the short- or long-term,
including those persons intending to reside in any social services
housing, and ensure that the outside municipality establishing the
housing program engages in a plan acceptable to the County for the
long-term health, safety, welfare, education and housing of persons
coming to and residing in this county as a result of the housing program;
and
(c)
If the program is funded wholly or partly by an outside municipality,
require payments from the outside municipality engaging in the housing
program sufficient to offset the cost of the municipality's social
services housing program to the County's residents, municipalities,
districts, and authorities. The payments will be disbursed to the
taxing jurisdictions that levy taxes against the property.
(4)
The County Executive may delegate the responsibilities related to
the issuance of licenses to any other county officer or employee.
C.
It is prohibited to operate any social services housing or housing
program in Rockland County, which program is discriminatory on the
basis of age, alienage or citizenship status, color, creed/religion,
disability, family status, gender/gender identity/expression, lawful
occupation, lawful source of income, marital status, national origin,
partnership status, race, or sexual orientation.
A.
Criminal penalties. Regardless of any other remedy or relief brought
by the County of Rockland or its officers for any violation of this
article, any person violating the provisions of this article, or causing
any other person to violate this article, has committed a Class A
misdemeanor punishable by a fine not to exceed $1,000 and/or up to
one year of incarceration for each day or part thereof during which
such violation continues.
B.
Civil penalties.
(1)
Regardless of any other remedy or relief brought by the County of
Rockland for any violation of this article, any municipality and/or
any person who violates any provision of this article is liable to
a civil penalty to be determined by a process outlined in rules and
regulations promulgated by the County Executive or any other County
of Rockland officer or employee to whom the County Executive may delegate
said authority.
(2)
For individuals and private persons, a civil penalty may be assessed
for violations of this article up to $5,000 per violation for each
day or part thereof during any period of time during which such violation
continues.
(3)
For municipal corporations, a civil penalty may be assessed for violations
of this article up to $50,000 per violation for each day or part thereof
during any period of time during which such violation continues.
(4)
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the County of Rockland and
initiated by the County Executive or other employee or officer designated
by the County Executive.
C.
Abatement. Regardless of any other remedy or relief brought by the
County of Rockland for any violation of this article, the County Executive
may cause actions or proceedings to be commenced in the name of the
County of Rockland, in a court of competent jurisdiction, to abate
any violation of, or to enforce any provision of, this article.
A.
No remedy or penalty specified in this article shall be the exclusive
remedy or remedy available to address any violation described in this
article.
B.
Each remedy or penalty specified in this article is in addition to,
and not in substitution for or limitation of, the other remedies or
penalties specified in this article or in any other applicable law.
C.
Any remedy or penalty specified in this section may be pursued at
any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this article or in any
other applicable law.
A.
The County Executive is authorized to:
(1)
Promulgate rules and regulations to implement this article. All rules
and regulations and any subsequent amendments are not effective until
approved by the County Legislature;
(2)
Conduct investigations and take testimony regarding the subject matter
of this article; and
(3)
Delegate any powers or responsibilities granted by this article to
appropriate public officers or employees of the County.
A.
This article shall have no retroactive effect and shall take effect
immediately upon filing in the office of the New York State Secretary
of State in accordance with § 27 of the Municipal Home Rule
Law.
B.
Unless extended by local law, this article shall not extend beyond
four years from the effective date.
