This chapter shall be known and may be cited
as the "Licensing of Rental Dwelling Units Law of the Incorporated
Village of New Hyde Park, New York."
The Board of Trustees has determined that there
exist within the Village of New Hyde Park serious conditions which
have arisen from the rental of dwelling units that are substandard
or violative of the codes and ordinances of the Village, are inadequate
in size, and are overcrowded and dangerous. Such dwelling units pose
hazards to the lives, limbs and property of residents of the Village
and to others. Such dwelling units also tend to promote or encourage
deterioration of the housing stock of the Village, create blight,
excessive vehicle traffic and parking problems, and overburden municipal
services. The purpose of this chapter is to halt the proliferation
of such conditions, and to enhance the public health, safety, welfare
and the good order and governance of the Village. These regulations
are intended to be remedial in nature and effect.
A.Â
Scope. This chapter shall apply to all rental dwelling
units in mixed occupancy buildings and multiple dwellings, 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. The provisions of this chapter shall not
apply to plans approved for filing by the Attorney General of condominium
complexes and cooperative apartment complexes. 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 are not occupied by the legal owner thereof.
B.Â
Applicability. The provisions of this chapter shall
be deemed to supplement applicable state and local laws, ordinances,
codes or regulations, and nothing in this chapter shall be deemed
to abolish, impair, supersede or replace existing remedies of the
Village, 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 chapter and any applicable
state or local laws, ordinances, codes or regulations, the more restrictive
or stringent provision or requirement shall prevail. The issuance
of any permit or the filing of any form under this chapter does not
make legal any action or statement of facts that is otherwise illegal
under any other applicable legislation.
As used in this chapter, the following terms
shall have the meanings indicated:
Superintendent of Buildings, Senior Building Inspector, or
Building Inspector of the Village of New Hyde Park, or the delegates
and assistants of such Superintendent or Inspector.
A structure or building, or part thereof, or an area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
A building occupied in part for residential use and in part
for some other nonaccessory use. See "multiple dwelling."
Any of the following:
A building designed or occupied for residential purposes by
more than two families; or
A series of attached, detached, or semidetached buildings which
are provided as a group collectively with essential services and utilities,
and which are located on a lot, plot, or parcel of land, under common
ownership; or
The residential part of a mixed occupancy building
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 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.
A dwelling unit established, occupied, used or maintained
for rental occupancy.
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 is 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.
[Added 10-3-2017 by L.L.
No. 2-2017]
A rental dwelling or 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 28 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 28 nights and shall not include:
Properties used exclusively for nonresidential commercial purposes
in the Business Zoning District.
Presumption of dwelling unit as transient rental property.
