[HISTORY: Adopted by the Village Board of the Village of Port Chester 4-7-2025 by L.L. No. 7-2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 248, Rental Registry, adopted 6-20-2023 by L.L. No. 8-2023.
Rental properties constitute a business that has a significant impact on the public health, safety, and general welfare of the people of the Village of Port Chester. The purpose of this chapter is to regulate rental properties in order to protect the public health, safety, and general welfare of the people of the Village of Port Chester, and to achieve the following objectives:
A. 
To promote the health, safety, and welfare of tenants, landlords, and the community by ensuring that all rental properties meet the minimum standards of habitability, maintenance, and safety as required by law;
B. 
To proactively identify and address housing code violations in rental properties in the Village of Port Chester;
C. 
To safeguard the character and stability of residential neighborhoods;
D. 
To facilitate the enforcement of New York Building and Fire Codes as well as the Code of Village of Port Chester;
E. 
To enforce minimum standards for heating, plumbing, and other essential sanitary systems required for health and safety;
F. 
To establish and maintain an inventory of residential rental properties within the Village of Port Chester;
G. 
To improve compliance with housing codes and regulations, ensuring that rental properties are consistently maintained in a safe and habitable condition;
H. 
To preserve the value of land and buildings across the Village of Port Chester.
A. 
Definitions. For the purposes of this section:
THE BOARD
The Board of Trustees of the Village of Port Chester.
CODE VIOLATIONS
Violations pertaining to the Uniform Code. See definition for the Uniform Code.
THE CODE
See definition for the Uniform Code.
CODE ENFORCEMENT OFFICER
Zoning Inspector, Assistant Building Inspector, Code Enforcement Officer, or Fire Inspector.
THE DEPARTMENT
The Village of Port Chester Department of Code Enforcement.
THE DIRECTOR
The Director of Code Enforcement or their designees. The Director may designate one or more individuals to serve as designees, but only from the following positions: Zoning Inspector, Assistant Building Inspector, Code Enforcement Officer, or Fire Inspector.
MANAGING AGENT
A natural person, over the age of 18, designated by the owner in the rental property registration form that either resides within the Village or regularly attends a business office located within the Village. See § 248-6 for additional information about managing agents.
OWNER
An individual or a for-profit or nonprofit corporation; an agent of an individual or a for-profit or nonprofit corporation; or any person having legal charge of or authority over a rental housing unit.
CERTIFICATE OF COMPLIANCE
A document issued by the Director of Code Enforcement or their designee to an owner in compliance with the standards and requirements set forth in this chapter.
RENTAL PROPERTY
Any two-family non-owner-occupied dwellings unit that are rented or offered for rent as a residence.
RENTAL UNIT
A single unit providing living facilities for one or more persons that has permanent provisions for living, sleeping, and sanitation and is rented or available for rent to tenants.
TENANT
A person entitled, by written or oral agreement with the owner, or by sufferance, to the use or occupancy of a rental unit.
UNIFORM CODE
Title 19 NYCRR Part 1219 New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time including the following 19 NYCRR titled codes: Part 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1225 (Fire Code), Part 1226 (Property Maintenance Code), and Part 1227 (Existing Building Code) as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Port Chester.
A. 
Applicability. This chapter applies to all rental units within two-family dwellings that are not owner-occupied.
B. 
Exemptions. The provisions of this chapter do not apply to:
(1) 
Two-family dwellings that are owner-occupied;
(2) 
Two-family dwellings exempted by the Department as required by federal or state law or regulation;
(3) 
Short-term rentals, such as those listed on platforms like Airbnb or VRBO.
C. 
Non-transferability. Rental property registrations, inspections, and associated fees are non-transferable in the event of any change in ownership or management. Owner must notify the Department if there is a change in ownership within 30 days.
No person shall occupy, allow occupancy, or lease any rental property or rental unit within the Village without first paying all required fees, submitting a timely rental property registration form, and meeting all the conditions set forth in this chapter.
A. 
A rental property or a rental unit is considered registered with the Village when the owner of the property completes and submits a rental property registration form, signed under penalty of perjury, to the Department. The rental property registration form must include the following information:
(1) 
Street address, block and lot number, and tax identification number;
(2) 
Number and address or other description of all rental units on the rental property;
(3) 
Managing agent's contact information: Full name, residential address, mailing address, email address, and telephone number of the managing agent. See § 248-6 for additional information about managing agent.
(4) 
Indication of the property owner type (association, corporation, guardian of estate, individual/sole proprietor, LLC, partnership, personal representative of estate, trust, or other).
(5) 
Owner contact information. The owner's name, residential address, mailing address, email address, and telephone number. If the owner is a partnership, the name of the partnership, along with the name, address, and telephone number of the managing partner. If the owner is a corporation, the name and address of the corporation, and the names and addresses of all shareholders owning 10% or more of the corporation's stock. If the owner is a limited liability company (LLC), the name and address of the LLC, and the names and addresses of all managers or individuals holding 10% or more ownership in the LLC.
(6) 
Name, address, and telephone number of the person or entity that a tenant is to contact in order to request that repairs be made to their rental unit, and the contact's business relationship to the owner;
(7) 
The date, location, and type of violation(s) for all rental units on the rental property for which the owner has been cited in the past three years;
(8) 
Any other information reasonably required by the Director to carry out this chapter.
B. 
Obligation to update information. Owners must timely notify the Director or their designee of any changes in the information provided in the rental property registration form to ensure accuracy.
C. 
Verification requirement. Each rental property registration form must be signed by the owner and verified under penalty of perjury.
D. 
Prima facie evidence. The rental property registration form shall be considered prima facie evidence of the statements it contains in any legal action or prosecution by the Village or any relevant prosecuting authority against the owner or managing agent.
E. 
Application fee. An application fee is required at the time of filing the rental property registration form. The fee amount is specified in Chapter 175, Fees.
F. 
Failure to timely file a rental property registration form or fulfill any of the requirements set forth in § 248-5 shall be a violation and subject the owner to penalties as set forth in this chapter.
A. 
Each owner of a rental property or rental unit must designate, in writing as part of the rental property registration form, a managing agent with full authority to act on the owner's behalf for all matters under this chapter, including the authority to accept legal documents from the Village, such as notices of violations or appearance tickets.
B. 
Service of process directed to the managing agent at the address provided in the rental property registration form shall be deemed as notice to the owner for all matters related to the rental property.
C. 
The managing agent must be a natural person over the age of 18 who either resides within the Village or regularly attends a business office located within the Village and who has agreed to assume the responsibilities outlined in this section.
D. 
An owner may change the managing agent by filing a new designation with the Director or their designee.
E. 
Each owner of a rental property shall notify the Department of any changes to the managing agent or their contact information within seven days of any such change. Failure to designate a managing agent or to provide notice of the designation of a new managing agent shall constitute a violation and subject the owner to penalties as set forth in this chapter.
A. 
Claims of exemption. An owner of a rental property that is claiming an exemption from this chapter must file a rental registration exemption affidavit with the Department every two years by October 1. There is no fee associated with said exemption affidavit.
B. 
Verification requirement. Each rental property registration form must be signed by the owner and verified under penalty of perjury.
C. 
Failure to timely file a rental registration exemption affidavit shall be a violation and subject the owner to penalties as set forth in this chapter.
A. 
The registration requirements outlined in this section shall take effect 60 days after the effective date of this chapter.
B. 
All rental property registration forms and rental registration exemption affidavits must be submitted no later than October 1, 2026.
C. 
Owners must submit a rental property registration form every two years by October 1 and comply with the provisions outlined in § 248-5.
D. 
Owners must notify the Department within 30 days of any change in ownership.
E. 
Owners claiming exemptions must file exemption affidavits every two years by October 1 and adhere to the requirements detailed in § 248-8.
A. 
All rental properties and rental units are subject to routine, periodic inspections, as provided by this chapter, to ensure that rental housing complies with the New York State Uniform Fire Prevention and Building Code, Energy Code, The Multiple Residence Law of New York State, and The Code of the Village of Port Chester.
B. 
Frequency of inspections. All rental properties and rental units shall be inspected at intervals that do not exceed three years.
C. 
Inspections may be conducted under one or more of the following circumstances:
(1) 
A Code Enforcement Officer inspects a rental unit with the consent of an adult tenant present at the time of the inspection.
(2) 
A Code Enforcement Officer inspects a rental unit with the consent of the managing agent present at the time of the inspection.
(3) 
A Code Enforcement Officer inspects specific portions of the rental unit with consent from either the adult tenant or the managing agent, provided at least one of them is present during the inspection.
(4) 
A Code Enforcement Officer conducts an inspection of the exterior of the rental unit.
(5) 
A Code Enforcement Officer conducts an inspection under the authority of a valid administrative search warrant permitting the inspection.
D. 
Scheduling of inspection. The Department shall coordinate the inspection of the rental property through the designated managing agent, utilizing the contact information provided in § 248-5A(3) on the rental property registration form. It is the responsibility of the managing agent to arrange the inspection with any other relevant parties, including tenants.
E. 
Rescheduling an inspection. A managing agent may reschedule an inspection once by notifying the Department at least five calendar days before the originally scheduled inspection date. The rescheduled inspection must take place within 14 calendar days of the original date. Failure to comply with this requirement will result in the assessment of a rescheduling fee. The fee amount is specified in Chapter 175, Fees.
F. 
Re-inspections. If necessary due to non-compliance or issues requiring further evaluation, the Department will treat a re-inspection the same as a rescheduled inspection. The managing agent must notify the Department of the need for a re-inspection and arrange it using the same procedures outlined in § 248-10D through E for scheduling and rescheduling. If the managing agent fails to meet this requirement, the Department will assess the same rescheduling fee, as specified in Chapter 175, Fees.
G. 
Notice of inspection. The Code Enforcement Officer shall provide written notice of any inspection to be conducted under this chapter. The notice shall be sent via first-class certified mail at least 14 calendar days prior to the scheduled inspection date. The notice will specify the date and time of the inspection and will be sent to the designated managing agent at the address listed in § 248-5A(3) on the rental property registration form. The managing agent is responsible for distributing copies of the notice to all relevant parties, including tenants.
A. 
No code violations. If the Code Enforcement Officer determines that no code violations exist during the inspection, a certificate of compliance will be issued. This certificate must be prominently displayed on the premises and will remain valid as long as the rental property or rental unit complies with the Code and until the next required inspection under the program. Failure to display the certificate of compliance constitutes a violation and shall subject the owner to penalties outlined in this chapter.
B. 
Code violations. If code violations are identified during the inspection, the Code Enforcement Officer shall issue a notice of violation requiring correction of any conditions or activities on or about the rental property or rental unit be in violation of the Code. The Code Enforcement Officer will issue a notice of violation, which shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
Describe the specific condition or activity violating the Code;
(4) 
Cite the specific Code provision(s) being violated;
(5) 
Specify a reasonable time frame for achieving compliance, as determined by the Code Enforcement Officer;
(6) 
Direct that compliance must be achieved within the stated time frame;
(7) 
State that legal action or proceedings to compel compliance may be initiated if compliance is not achieved within the specified time frame;
(8) 
Serve a copy of the notice of violation to the designated managing agent.
A. 
Each and every day a violation of this chapter exists shall constitute a separate and distinct offense.
B. 
Any person found in violation of this chapter shall be subject to a fine of no less than $500 and no more than $5,000, or imprisonment for a period not exceeding 15 days, or both.