[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 6-20-1996 by L.L. No. 4-1996. Amendments noted where applicable.]
It is hereby declared and found by the Board of Trustees that some owners of single-family dwellings have illegally converted their dwellings to two-family or multiple-family dwellings and that some owners of two-family dwellings have illegally converted their dwellings to three-family or multiple dwellings. These illegal dwelling units have been rented in violation of the certificate of occupancy and in violation of Chapter 195, Zoning, and Chapter 57, Building Construction, of the Village Code of the Village of New Hyde Park. It is the intent of this chapter to provide regulation and enforcement of Chapter 195, Zoning, and Chapter 57, Building Construction, of the Village Code of the Village of New Hyde Park for the protection of the public health, safety and welfare, by preventing the rental of illegal dwelling units.
As used in this chapter, the following terms shall have the meanings respectively given hereinbelow:
- DWELLING UNIT
- One or more rooms with provisions for living, sanitary, sleeping and cooking facilities arranged for the use of one family.
- MULTIPLE DWELLING
- A building arranged, intended or designed to be occupied by three or more families, each living independently of the other.
- SINGLE-FAMILY DWELLING
- A building arranged, intended or designed for occupancy by one family only.
- TWO-FAMILY DWELLING
- A building arranged, intended or designed for occupancy by two families only, each living independently of the other.
Owner's responsibility. It shall be unlawful for any owner of a single-family, two-family or multiple dwelling to rent or lease or offer to rent or lease or for any person to construct or convert for use or to use, occupy or maintain any second or subsequent separate dwelling unit within such dwelling, without first completing and filing with the Village Clerk a rental registration form to be provided and approved by the Superintendent of Buildings. It shall be the responsibility of said Superintendent to verify that the dwelling unit to be rented or offered for rent complies with Chapter 195, Zoning, and Chapter 57, Building Construction, of the Village Code of the Village of New Hyde Park.
Real estate broker's responsibility. It shall be unlawful for any real estate broker or sales agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner(s) any dwelling unit for which a required rental registration form has not been approved by the Superintendent of Buildings and filed with the Village Clerk. Before any real estate broker or sales agent lists, shows or otherwise offers for lease, rent or sale any dwelling unit, such broker or agent shall obtain a copy of the owner's rental registration form from the Village Clerk, shall keep such form on file in his/her office and shall show the same to all prospective purchasers, lessees or tenants of the dwelling unit.
[Amended 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a criminal offense. Each such offense is hereby designated a Class A misdemeanor as defined in Article IIA of Chapter 1 of the Village Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections C, E and F of § 1-27 of that article.
Editor's Note: This local law also provided that it would take effect 12-1-1999.
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 said judgment.