[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 5-9-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
A.
ACTION or PROCEEDING
BUILDING
IDENTIFICATION OF BUILDING
OWNER
PROCESS
RENTAL PROPERTY
As used in this chapter, these terms shall have the meanings indicated
as follows:
Any action or proceeding which may be instituted in the Justice
Court of the Village of Hillburn or the County Court of the County
of Rockland or the Supreme Court of the County of Rockland or any
court of competent jurisdiction with an alleged violation of any law
of the Village of Hillburn.
Any improved real property, residential or mixed-use (commercial-residential),
located within the Village of Hillburn that is non-owner-occupied.
It is required that the house number be placed on the building
in a conspicuous place.
Any individual or individuals, partnership or corporation
or any similar type of business organization, whether for profit or
otherwise, in whose name title to a building stands, including a mortgagee
or vendee in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of the property.
A summons, appearance ticket or any notice, mandate or any
other paper process issued under any provision of the Code of the
Village of Hillburn or any law or regulation of the State of New York.
Includes all properties which are either rented, leased,
let or hired out to be occupied for residential or mixed use (commercial-residential),
and are non-owner-occupied.
B.
For any rental property to be considered owner-occupied, the owner
must demonstrate to the Building Department that all individual owners,
all partners, or all shareholders of a corporation actually have their
principal residence at the rental property and reside therein on a
full-time basis, it being the actual domicile of all individual owners,
all partners, or all shareholders. At the request of the Village of
Hillburn, any owner who claims to occupy the rental property shall
provide a sworn affidavit providing the necessary information to support
his or her claim that the premises are owner-occupied.
A.
The owner of a property constituting a rental property shall register
the same with the Building Department within 60 days of the effective
date of this chapter on a form approved by the Building Department.
This form shall be known as a "landlord registration statement" which
shall be signed by the owner under oath.
B.
It shall be unlawful for any owner to offer any unit for rent, or
to rent any unit, or to allow any rental unit to be occupied without
having first registered pursuant to this chapter as required herein
within the time prescribed for such registration and to have obtained
a permit therefor. Failure to receive notice of the registration deadline
will not excuse failure to register rental property. It is the owner's
responsibility to fulfill the requirements of this chapter.
A.
Every owner of a rental property as above defined shall file with
the Building Department, within 60 days after the adoption of this
chapter, a landlord registration statement on forms to be supplied
by the Building Department, containing the following:
(1)
A description of the premises by street number and section, block
and lot number, including tax identification number.
(2)
The owner's name, residential address, and mailing address,
together with his/her business telephone number, home phone number,
cell phone number, fax number, as well as email address, or, if such
owner is a corporation, the name and address of such corporation and
the name, residence, business address, together with the residence,
business telephone numbers, cell phone numbers, fax numbers and email
addresses of all officers.
(3)
Proof of residency of each owner.
(4)
A description of the structure, including the number of rental dwelling
units in the structure.
(5)
A floor plan depicting the location, use and dimension of each room
situated within the dwelling unit.
(6)
The number of persons intended to be accommodated by, and to reside
in, each such rental dwelling unit.
(7)
The name of each person that is and/or will be occupying the premises
intended for rental occupancy.
(8)
A copy of the most recent deed and real property tax bill, confirming
the ownership of record of the dwelling unit.
(9)
A certification that all municipal real property taxes, Village water
and sewer fees and any other Village fees or charges relating to the
property are paid and a copy of the current real property tax bills
and water and sewer bills, with evidence that the same are paid in
full.
(10)
Designation of a managing agent. In the event the owner does
not reside in Rockland County, then the owner must designate a managing
agent. If a managing agent is required, then the owner shall provide
the following information to the Building Department: the name, residence,
business and email address and residence, business and fax telephone
numbers of a natural person, 18 years of age or over, who actually
resides within the County of Rockland, and who shall be designated
by such owner as a managing agent responsible for and in control of
the maintenance and operation of such dwelling, and who shall be designated
as the person upon whom process may be served on behalf of the owner.
The managing agent and/or owner shall keep a current record of all
the tenants, and their names and addresses, who are renting, leasing
or living in the premises. There shall be endorsed upon such statements
a written consent to such designation signed by such managing agent.
An owner who is a natural person and who meets the requirements of
this subsection as to the location of the residence or place of transacting
business of a managing agent may designate himself/herself as such
managing agent.
(11)
Each application shall be executed by and sworn to under oath
by the owner of the dwelling unit.
(12)
The owner shall, at all times, keep this information updated,
and when there is a change in ownership, a change in the managing
agent, a change in tenant(s), or a change in any information set forth
on the registration form, the owner shall update the information by
amending the landlord registration statement within 15 days from the
date of any such change.
(13)
Any designation as managing agent made pursuant to the provisions
of this section shall remain in full force and effect until changed
or terminated as hereinafter provided.
B.
Upon completion and execution and submission of the landlord registration
statement as aforesaid, said registration shall be reviewed by the
Building Department or its designee for adequacy. Should the Building
Department and/or its designee determine that said application is
incomplete, defective or untruthful for any reason, said application
shall be marked "rejected" and returned to the filer with an explanation
of the reason(s) for rejection. A rejected application shall not be
deemed to comply with the following provisions of this chapter.
C.
It shall be the responsibility of each owner to timely notify the
Building Department whenever the information provided in the landlord
registration statement has become outdated or for any reason is no
longer accurate.
D.
Where, after filing of any landlord registration statement in relation
to any rental property under the applicable provisions of this chapter,
the owner of such property shall have granted or transferred his/her
right, title or interest therein or in any part thereof, such owner
shall file with the Building Department within 15 days after such
grant or transfer a written statement which, under oath, shall contain
the name and residence, business addresses, business and home telephone,
cell phone numbers, fax numbers and email of the grantee, transferee
or other successor of such right, title or interest, or if such grantee,
transferee or successor is a corporation, the name and address of
such corporation, including the names of all officers, their addresses,
business and residence phone and cell numbers as well as email addresses
and fax numbers.
E.
Where, after the filing of any landlord registration statement with
the Building Department pursuant to the applicable provisions of this
chapter, any change other than a designation of a different managing
agent or a change of ownership or interest occurs in any name, residence
or any business address of a list of officers required to be included
in such statement, the owner, within 15 days after such change, shall
file in duplicate, on forms to be furnished by the Building Department,
a statement under oath setting forth the particulars of such change
so as to supply the information necessary to make currently correct
the last landlord registration statement filed pursuant to the applicable
provisions of this section.
F.
An owner may terminate such designation by filing with the Building
Department a sworn written statement designating a new managing agent
made in conformity with the provisions hereinabove cited.
G.
Any landlord registration statement or designation of a managing
agent required to be filed with the Building Department by any owner
of a rental property under the provisions of this section shall be
signed by such owner, or if such owner is a corporation, by an officer
thereof, or if such owner is a partnership, by a partner thereof,
and said statements must be sworn to under the penalties of perjury.
H.
A new application for a rental occupancy permit shall be filed whenever
a dwelling unit or portion thereof has become vacant and the owner
intends to permit a new tenant or other person to take up residence.
No additional fee will be required if the owner is registering a change
in tenancy only under an existing valid rental occupancy permit.
I.
Any such landlord registration statement or designation of a managing
agent shall be deemed prima facie proof of the statement therein contained,
in any criminal or civil prosecution instituted by the Village of
Hillburn or by any proper prosecutorial agency against the owner or
managing agent of a rental property.
A.
The Building Department or its authorized designee or agent shall
make provisions for inspections of each rental property which is subject
to the provisions of this chapter and shall notify each owner and/or
managing agent of each rental property as to the time and place of
such inspection. The inspection shall take place at a minimum of every
12 months. The inspection shall be for the purpose of determining
compliance with all applicable rules and regulations concerning safety
and maintenance of all rules and regulations applicable to said rental
property, including the Code of the Village of Hillburn and all other
such rules and regulations and laws of the State of New York. The
owner and/or managing agent may refuse to allow inspections of any
dwelling unit contained in the rental property. In such event, the
Building Department may apply for a search warrant. In addition, the
Building Department may deny a permit with respect to any such property.
In addition, the owner and/or managing agent shall be obligated to
review with the Building Department and its designee or agent the
contents of the landlord registration statement to determine if all
said information is up-to-date, complete and accurate in all respects.
B.
Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation shall be remedied by the owner within the time stated in the report. Failure to bring any building and/or rental property into conformance with such report and/or to remedy within the time set forth therein shall constitute a violation of this chapter, it being expressly understood that this provision shall not constitute the exclusive remedy of the Village of Hillburn, but shall be an addition thereto.
At the request of the Building Department, the Village Attorney
or his deputy or designee is authorized to make application to any
other court of competent jurisdiction for the issuance of a search
warrant to be executed by a police officer in order to conduct an
inspection of any premises believed to be subject to the registry
jurisdiction of this chapter. The Building Department may seek a search
warrant whenever the owner and/or managing agent fails to allow inspections
of any dwelling unit contained in the rental property where there
is a reasonable cause to believe that there is a violation of this
chapter or a violation of the New York State Uniform Fire Prevention
and Building Code or of any code of the Village of Hillburn.
Without limitation on any available remedy, the Village of Hillburn
shall have a choice of enforcing this chapter by seeking civil penalties
or by instituting a criminal proceeding or may choose to do both.
A.
Criminal proceeding. A summons or appearance ticket for any violation
of this chapter may be served in the County of Rockland as defined
within the meaning of New York Criminal Procedure Law § 150.40.
In the event that the owner does not reside in the County of Rockland,
then the owner shall be obligated to designate a managing agent who
maintains a bona fide residence in the County of Rockland.
B.
A designating managing agent of an owner may be served with a notice
of violation, order of remedy, order of violation, an appearance ticket
or other service of process, whether criminal or civil, pursuant to
and subject to the provisions of law as if actually served upon the
owner.
C.
No owner who designates a managing agent pursuant to the provisions
of this chapter may assert the defense of lack of notice or lack of
in personam jurisdiction based solely upon the service of process
upon his designated agent.
A.
Service of papers and notice of violations shall be:
(1)
By delivering to and leaving a copy of the same with any person or
persons violating or who may be liable under any of the several provisions
of this chapter; and
(2)
By registered or certified mail to the most current address on file
in the landlord registration statement upon the owner and/or managing
agent; and
(3)
If none is on file, to the most current address in the Village Receiver
of Taxes Office by registered or certified mail to the owner and/or
managing agent; and if such person or persons cannot be served by
any of the aforesaid methods after diligent search shall have been
made for him/her or them, then such notice or order may be served
by posting the same in a conspicuous place upon the rental property
where such violation is alleged to exist, or to which such notice
may refer, or which may be deemed unsafe or dangerous, which shall
be the equivalent of personal service of said notice upon all parties,
including the owner and/or managing agent for whom such search shall
have been made; or
(4)
By any other method or service authorized pursuant to Article III
of CPLR.
B.
Notice by mail to owners residing out of state. If the person or
persons or any of them to whom said notice is directed do not reside
in the County of Rockland and have no known place of business therein,
the same may be served by delivering to or leaving with such person
or persons or either of them a copy of said notice; if said person
or persons cannot be found with a due-diligence search, then by posting
a copy of the same in a manner aforesaid and depositing a copy thereof
in a post office in the Village of Hillburn, enclosed in a sealed
wrapper addressed to said person or persons at his/her last known
place of residence with the postage paid thereon, and said posting
and mailing a copy of said notice shall be equivalent to personal
service of said notice.
A.
Rental permits.
(1)
No rental property and/or building as defined herein shall be occupied
by anyone, including any tenants, without a valid rental permit.
(2)
Upon the filing with the Building Department of the permit application,
permit fee, and all documents and information required by this section,
the Building Department shall have 30 days to review the application
and then either issue the permit, with or without conditions, or notify
the applicant, in writing, that the application has been denied along
with the reason or reasons for denial. If a permit is issued, the
permit shall bear the signature of the Building Inspector.
(3)
In reviewing the application, if the Building Inspector shall have
the right to inspect the property for purposes of ensuring compliance
with this Chapter. If an inspection authorized herein is conducted,
the Building Inspector may use the results of such inspection in determining
whether to issue the permit, with or without conditions, or to not
issue the permit.
(4)
The Building Department shall issue such permit after receipt of
a valid landlord registration statement which complies with all of
the requirements set forth herein. In issuing a permit, the Building
Inspector may impose such reasonable conditions and restrictions as
are directly related to and incidental to the use of the property
for residential rentals.
(5)
No rental permit shall be issued for any property for which there
are outstanding real property taxes, water or sewer fees or any other
outstanding amount owed with respect to the property to the Village
of Hillburn or if a violation of the Zoning Law[1] exists. In order to issue such permit, the Building Inspector must determine that adequate on-site parking is provided and that the parking area is improved in accordance with the provisions of the Zoning Law and to the satisfaction of the Building Inspector. Tenants and guests shall park in the off-street parking spaces and shall not park on any part of the lawn of the property nor on the public or private street. The property must, in the opinion of the Building Inspector, have sufficient off-street parking spaces improved in accordance with § 250-27D of the Zoning Law.
(6)
In addition, The Building Inspector may decline an application for
any of the following reasons:
(a)
If the application is incomplete, the documentation required
by this section or regulations adopted by the Village was not included
with the application or the full permit fee, in an acceptable form
of payment, was not included with the application.
(b)
If the Building Inspector previously issued a permit to any
of the owners needing to sign the permit application and any of such
owners had a permit revoked within the previous year.
(c)
If the affidavit from the owners or if an inspection conducted
by the Enforcement Officer as authorized in this section evidences
that the subject property is not in compliance with this section or
the Village of Hillburn Code.
(7)
Such rental permit shall be valid until such time as the owner or
any new owner is required to file a new landlord registration statement.
(8)
The owner and/or managing agent must present the previous rental
permit at the time that the new landlord registration statement is
submitted.
Any permit issued pursuant to this chapter may be revoked or
suspended by the Building Department after notice to the owner, setting
forth the basis for the suspension or revocation and an opportunity
for the owner to be heard upon a finding by the Building Department
that the requirements of this chapter or any conditions of said permit
have been violated or that the premises are not being maintained in
accordance with thereof any applicable law, rule or regulation. Any
person who claims to be aggrieved by any such suspension or revocation
may file with the Village Clerk a letter setting forth the basis for
his/her contention that the suspension or revocation is erroneous
within five days after receipt of any such notice of suspension or
revocation. The Board of Trustees shall promptly provide an opportunity
for the appellant to be heard, either in writing or in person, and
shall either affirm, reverse or modify the suspension or revocation.
A.
Violations of this chapter will constitute an offense within the
meaning of the Penal Law of the State of New York, punishable as provided
for herein. In addition, a violation of any provision of this chapter
shall constitute a municipal infraction and will be subject to applicable
penalties under this chapter, and the Village of Hillburn may choose
to enforce this chapter as a criminal or civil matter, or both. Any
owner who violates, disobeys, neglects or refuses to comply with any
of the terms of this chapter shall be subject to a fine of not more
than $5,000. Each week a violation continues shall be deemed a separate
offense and so subject the owner to an additional fine of up to $5,000.
In addition, if the Village of Hillburn chooses to proceed under this
chapter as a criminal offense, the violation of this chapter shall
be subject to a fine of up to $5,000 and/or up to 30 days in jail,
it being understood that each week a violation continues shall be
deemed a separate offense subjecting the offender to additional weekly
fines of up to $5,000 and/or additional jail sentences of up to 30
days.
B.
Legal action. In case any building, structure or land is used in
violation of this chapter, the Trustees of the Village of Hillburn
or the Code Enforcement Officer or any other official of the Village,
in addition to other remedies, may institute any appropriate action
or proceeding through the Village Attorney in order to prevent such
unlawful use, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land, or to prevent any
illegal act, conduct, business or use in or about such building, structure
or land. Such owner shall, in addition, pay all the costs and expenses
incurred by the Village in prosecuting any action to abate the violation
or to compel compliance with this Chapter.
C.
Should the aforesaid penalties not be paid within 30 days of being
assessed, and after notice of said failure is served as provided by
law, then the property covered by this chapter will be assessed for
the unpaid penalties and shall be collected in the same manner and
time as Village taxes.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been ordered.
