[Added 6-21-2005 by L.L. No. 6-2005]
The Village Board has determined that there
exist in the Village of Lindenhurst serious conditions arising from
the rental of dwelling units that are substandard or in violation
of the Village Code and New York State Uniform Fire Prevention and
Building Code, are inadequate in size, are overcrowded and dangerous,
create blight, tend to overburden municipal services, pose a danger
to life, limb and property and promote or encourage deterioration
of the housing stock of the Village. The Board of Trustees finds that
new Code provisions will serve to halt the proliferation of such conditions
and that the public health, safety, welfare and good order and the
governance of the Village will be enhanced by enactment of the regulations
set forth in this article.
As used in the article, the following terms
shall have the meanings indicated:
The Building Inspector of the Village of Lindenhurst or his
or her delegates or assistants, including the Zoning Inspector.
A structure or building or part thereof, or any area, room,
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence, however, excluding any structure or building
or part thereof which has a valid two-family permit from the Two-Family
Review Board of the Incorporated Village of Lindenhurst.
The owner or any other person or persons or entity or entities
who or which have the right to possession of a dwelling unit, except
a public housing authority organized as such under the laws of the
State of New York, and such other similarly situated entity as may
be determined by the Village Administrator. Under this definition,
a tenant can be an owner in relation to a subtenant.
A return, in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
[Amended 12-18-2007 by L.L. No. 5-2007]
The occupancy or use of a dwelling unit by one
or more persons as a home or residence under an arrangement whereby
the occupant or occupants thereof pay rent for such occupancy and
use. There shall be a rebuttable presumption that any occupancy or
use of a dwelling unit is a rental occupancy if the owner of the building
containing the dwelling unit does not reside in the same building.
A rental occupancy shall also occur where the owner of any residential
building or dwelling unit allows another to occupy such residential
building or dwelling unit where the owner is not also a resident.
The presence or existence of any of the following
shall create a rebuttable presumption that a premises is rented:
The property is occupied by someone other than
the owner, and the owner of the property represents in writing or
otherwise, to any person or establishment, business, institution or
government agency, that he resides at an address other than the rental
property.
Persons living in premises represent that they
pay rent to the owner of the premises.
Utilities, cable, phone or other services are
in place or requested to be installed or used at the premises in the
name of someone other than the record owner.
Testimony by a witness that it is common knowledge
in the community that a person other than the record owner resides
in the premises
There is more than one mailbox at the premises.
There is more than one gas meter at the premises.
There is more than one electric meter at the
premises.
There are separate entrances for segregated
parts of the dwelling.
There are partitions or internal doors which
may serve to bar access between segregated portions of the dwelling,
including but not limited to bedrooms.
There exists a separate written or oral lease
or rental arrangement, payment or agreement for portions of the dwelling
among its owner(s) and/or occupants and/or persons in possession thereof.
The inability of any occupant or person in possession
thereof to have unimpeded and/or lawful access to all parts of the
dwelling unit.
Two or more kitchens each containing one or
more of the following: a range, oven, hot plate, microwave or other
similar device customarily used for cooking or preparation of food
and/or a refrigerator.
Nothing herein shall be construed to prevent
persons living together as a family unit, with the owner, as defined
by this Code.
[Added 11-19-2019 by L.L. No. 7-2019]
A rental dwelling or portion of dwelling unit occupied by persons
other than the owner or a family member of the owner and for which
rent is received by the owner, directly or indirectly, in exchange
for such rental occupation for a period of less than 30 nights. For
the purposes of this chapter, the term "transient rental property"
shall mean all non-owner-occupied dwelling units rented for a period
of less than 30 nights and shall not include:
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
Any legally operating hotel/motel business operating exclusively
and catering to transient clientele; that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing, travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel business.
Presumption of dwelling unit as transient rental property.
A.
Scope. This article shall apply to all rental dwelling
units located within the Village of Lindenhurst, whether or not the
use and occupancy thereof shall be permitted under the applicable
use regulations for the zoning district in which such rental dwelling
unit is located, as in this article provided. Nothing herein shall
be deemed to preempt the zoning of any district of the Incorporated
Village of Lindenhurst. Any dwelling unit, rooming house, rooming
unit, or any other premises subject to this chapter shall be presumed
to be rented for a fee and a charge made if said premises or the portion
thereof in question is not occupied by the legal owner thereof. It
shall also be immaterial whether rent or any other consideration is
paid to the owner by the occupant of the dwelling unit as this article
is also intended to require a permit for the use of any dwelling unit
where the owner does not reside on the premises.
B.
Applicability. The provisions of this article shall
be deemed to supplement applicable state and local laws, ordinances,
codes and regulations, and nothing in this article shall be deemed
to abolish, impair, supersede or replace existing remedies of the
Village, Town, county or state or existing requirements of any other
applicable state or local laws, ordinances, codes or regulations.
In case of conflict between any provision of this article and any
applicable state or local law, ordinance, code or regulation, the
more restrictive or stringent provision or requirement shall prevail.
The issuance of any permit or the filing of any form under this article
does not make legal any action or statement of facts that is otherwise
illegal under any other applicable legislation. This article shall
not apply to dwelling units that have a valid two-family permit from
the Two-Family Review Board of the Village of Lindenhurst.
[Amended 11-19-2019 by L.L. No. 7-2019; 9-1-2020 by L.L. No. 3-2020]
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any person or entity who owns a dwelling unit
in the Village to establish, maintain, use, let, lease, rent or suffer
or permit the occupancy and use thereof as a rental occupancy without
having a valid permit for such rental occupancy as herein provided.
Moreover, no rental occupancy permit shall be granted to a transient
rental property. In no event may any residential property be rented
or used in whole or part for any third-party, transient recreational
use such as pool or hot tub rentals, party or yard rentals, or sport
court rentals.
A.
Application for a rental occupancy permit for a rental
dwelling unit shall be made in writing to the Building Department
on a form provided by the Building Department for that purpose.
B.
Such application shall be filed in duplicate and shall
contain:
(1)
The name, address and telephone number, if any, of
the owner of the dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map description (section,
block and lot or lots) of the premises intended for rental.
(3)
The names, ages and relationships, if any, to the
owner of the premises of each person presently residing in or occupying
such premises intended for rental occupancy.
(4)
A description of the structure, including:
(6)
The name, address and telephone number, if any, of
the managing agent or operator of each such intended rental dwelling
unit.
C.
Such application shall be signed by the owner of the
premises, and the statements of such owner therein contained shall
be verified under oath.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to scale not
greater than 40 feet to one inch, or if not shown on the survey, a
site plan, drawn to scale, showing all buildings, structures, walks,
drives and other physical features of the premises and the number,
location and access of existing and proposed on-site vehicle parking
facilities.
(2)
A building permit application, properly prepared,
for all proposed buildings, improvements and alterations to existing
buildings on the premises, if any.
(3)
A copy of the certificate of occupancy or certificate
of existing use.
A.
Permit application fee. A nonrefundable permit application
fee shall be paid, upon filing an application for a rental occupancy
permit, in accordance with a fee schedule set by resolution of the
Village Board from time to time, for:
B.
The fees required by this section shall be waived
for any applicant that demonstrates that it is a not-for-profit housing
development corporation organized under the laws of the State of New
York and that it is providing housing for senior citizens or other
designated special populations subject to income guidelines established
by either federal or state regulation.
[Amended 12-18-2007 by L.L. No. 5-2007]
A.
The Building Inspector shall review each application
for completeness and accuracy. No permit or renewal thereof shall
be issued under any application unless the property shall be in compliance
with all the provisions of the Code of the Village of Lindenhurst,
the laws and sanitary and housing regulations of the County of Suffolk
and the laws of the State of New York
B.
Prior to the issuance of any such permit or renewal
thereof, the property owner shall provide a certification from a licensed
architect, a licensed professional engineer or a Village building
inspector that the property which is the subject of the application
is in compliance with all the provisions of the Code of the Village
of Lindenhurst, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York.
All permits issued pursuant to this article
shall be valid for a period of two years from date of issuance.
It shall be the duty of the Building Inspector
to maintain a register of permits issued pursuant to this article.
Such register shall be kept by street address and show the name and
address of the permittee, the number of rental dwelling units at such
street address, the number of rooms in each such rental dwelling unit
and the date of expiration of the permit for such unit.
No permit shall be issued until the Building
Inspector shall inspect the rental dwelling unit to determine that
it is equipped with a functioning smoke-detector device and carbon
monoxide detector, in compliance with the New York State Uniform Fire
Prevention and Building Code.
The Building Inspector is authorized to make
or cause to be made inspections to determine the condition of rental
dwelling units. The Building Inspector is authorized to enter upon
consent of the owner if the unit is unoccupied, or upon consent of
the occupant if the unit is occupied, any rental dwelling unit and
the premises in which the same is located at a reasonable time or
at such other time as may be necessary in an emergency for the purpose
of performing duties under this article.
The Village Attorney is authorized to make application
to the Supreme Court of Suffolk County or 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
covered by this article where the owner or occupant refuses or fails,
after due notice by certified mail, to allow an inspection of the
rental dwelling unit or premises and where there is reasonable cause
to believe that a violation of this article or a violation of the
Multiple Residence Law, the New York State Uniform Fire Prevention
and Building Code, or the Village Code has occurred. The application
for a search warrant shall, in all respects, comply with applicable
laws of the State of New York.
A.
The Building Inspector shall revoke a rental occupancy
permit where he or she finds that the permit holder has caused, permitted,
suffered or allowed to exist and remain upon the premises for which
such permit has been issued, for a period of 10 days or more after
written notice has been given to the permit holder or the managing
agent of such rental dwelling unit, a violation of the Multiple Residence
Law, New York State Uniform Fire Prevention and Building Code, or
this article or other chapter of the Village Code. Revocation of a
permit under this subsection cannot be done by a delegate or assistant
of the Building Inspector. Notice shall be deemed properly given if
mailed via first-class United States mail to the address listed on
the Village's tax records.
B.
An appeal from such revocation may be taken by the
permit holder to the Village Board of Appeals.
[Amended 12-2-2014 by L.L. No. 4-2014]
It shall be unlawful and a violation of this article and an
offense within the meaning of the Penal Law of the State of New York
for any owner to permit any tenant or other person to take up residence
by a rental occupancy in any dwelling unit or for a person to take
up residence by a rental occupancy without the owners first having
completed and filed with the Building Inspector a rental registration
form approved by the Village Administrator. A new form must 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.
The following shall be conditions precedent
to the collection of rent for the use and occupancy of any dwelling
unit:
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any broker or agent to list, show or otherwise
offer for lease, rent or sale on behalf of the owner any dwelling
unit for which a current rental occupancy permit has not been issued
by the Building Inspector. It shall be the broker's or agent's duty
to verify the existence of a valid permit before acting on behalf
of the owner.
Any broker or agent who has earned a commission
or other compensation for renting or leasing a dwelling unit must,
within five business days of earning said commission or other compensation,
file with the Building Inspector a rental registration form, unless
the owner has already filed such a form. Failure to file shall be
unlawful and a violation of this article and an offense within the
meaning of the Penal Law of the State of New York.
No owner, broker or agent shall publish a written
offer or solicitation of offers to rent or lease a rental dwelling
unit unless that offer or solicitation refers by number to a valid
rental occupancy permit for the rental dwelling unit in question.
For purposes of this section, "publish" means to promulgate to the
general public, or to selected segments of the general public, in
a newspaper, magazine, flyer, handbill, mailed circular, bulletin
board, sign or electronic media. Violation of this section shall be
unlawful and an offense within the meaning of the Penal Law of the
State of New York.
A.
Any person, association, firm or corporation who or
which violates any provision of this article or assists in the violation
of any provision of this article shall be guilty of a violation, punishable
by:
(1)
A fine of not less than $500 and not exceeding $1,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of a first offense.
(2)
A fine of not less than $1,000 nor more than $3,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the second of two offenses, both of which were committed
within a period of five years.
(3)
A fine of not less than $2,000 nor more than $5,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the third or subsequent offense of a series of offenses,
all of which where committed within a period of five years.
B.
Each week's continued violation shall constitute a
separate additional violation.
If any clause, sentence, paragraph, section
or part of this article 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 said judgment.
This article shall be effective upon filing
with the Secretary of State.
