[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 3-23-1989 by L.L. No. 2-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Building Inspector — See Ch. 15.
Coastal erosion hazard areas — See Ch. 80.
Garbage, rubbish and refuse — See Ch. 103.
Noise — See Ch. 111.
Parks, waterways and recreation — See Ch. 118.
Peace and good order — See Ch. 123.
Property maintenance — See Ch. 130.
Sand dunes and ocean beach management program — See Ch. 146.
Zoning — See Ch. 196.
[Amended 12-20-1991 by L.L. No. 8-1991; 8-20-1993 by L.L. No. 5-1993; 3-9-2011 by L.L. No. 1-2011; 6-1-1994 by L.L. No.
3-1994; 3-20-2020 by L.L. No. 4-2020]
A.
ADMINISTRATOR
ANNUAL RENTAL
CONVENTIONAL BEDROOM
ONE-FAMILY DWELLING
RENTAL
As used in this chapter, the following terms shall have the meanings
indicated:
The Ordinance Enforcement Officer appointed by the Mayor pursuant to § 42-2 of the Village Code (or the Chief Ordinance Enforcement Officer if there be more than one appointed Ordinance Enforcement Officer) or such other officer of the Village as may hereafter be designated from time to time by the Mayor to be the Administrator under Chapter 149 (such designation shall be filed with the Village Clerk).
Use or occupancy of a one-family dwelling for residential
purposes under an oral or written lease or agreement for a term of
one year or more, for which compensation is paid directly or indirectly.
The term "rental" includes an "annual rental."
A room designed as a bedroom for sleeping purposes. Rooms
having other purposes, such as dens, living rooms or hallways, shall
not be considered as "conventional bedrooms."
Use or occupancy of a one-family dwelling for residential
purposes under an oral or written lease or agreement, for which compensation
is paid directly or indirectly.
B.
Where a one-family dwelling is utilized as a rental, the parking
of motor vehicles on the premises between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the one-family dwelling
was used and occupied during that time by at least one person for
each vehicle so parked.
C.
Where a one-family dwelling is utilized as a rental, the parking
of motor vehicles on the premises between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the one-family dwelling
was used and occupied during that time as follows:
It shall be the duty of every owner of premises subject to the
provisions of this chapter to make such inquiries of prospective tenants
and tenants as may be necessary in order that he shall be able to
comply with the provisions of this chapter. It shall also be the duty
of every such owner to inform himself of the nature of the use and
occupancy prevailing in any dwelling subject to the provisions of
this chapter. It shall also be the duty of every such owner to inform
prospective tenants and tenants of the provisions of this chapter.
[Amended 3-25-2016 by L.L. No. 2-2016; 3-20-2020 by L.L. No. 4-2020]
A one-family dwelling shall not be used or occupied as a rental unless the owner thereof shall first obtain and maintain in effect, at all times during the term thereof, a rental license from the Administrator of the Village of Quogue, as hereinafter provided. For avoidance of doubt, a lease of a one-family dwelling for a period of less than 14 consecutive days is prohibited in the Village of Quogue by § 196-16L of the Quogue Village Code, and a transient rental property, as defined in § 196-2B of the Quogue Village Code, may not be licensed as a rental.
[Amended 12-20-1991 by L.L. No. 8-1991; 3-20-2020 by L.L. No. 4-2020]
A written application for a rental license shall be filed with
the Administrator prior to commencement of the term of the rental.
The application shall be signed and verified by all owners of the
premises and by all tenants. The application shall contain the following
information:
A.
The names and permanent residence addresses of all owners of the
premises.
B.
The location of the premises, including the Suffolk County Tax Map
parcel designation of the premises.
C.
The names and permanent residence addresses of all tenants.
D.
The names and permanent residence addresses of all other persons
who have or are reasonably expected to pay a monetary consideration
or a share of the rent for using or occupying the dwelling, even if
such payment was or is to be made to a tenant or occupant of the dwelling
rather than directly to the owner.
E.
The names and permanent residence addresses of all other persons
who are reasonably expected to use or occupy the dwelling during the
term of the rental.
F.
The number of conventional bedrooms in the dwelling and the size
of each conventional bedroom, together with a floor plan if requested
by the Administrator.
G.
A refuse disposal contract covering disposal of refuse from the premises
for the term of the rental.
H.
The term of the rental.
I.
Proof showing that the proposed use and occupancy of the dwelling constitutes use and occupancy only by a family, as defined in § 196-2B of the Zoning Code.
J.
Such other reasonable information as to the nature of the dwelling
and the proposed use and occupancy thereof as the Administrator may
deem necessary to facilitate enforcement of this chapter.
K.
A copy of the certificate of occupancy for the dwelling involved
in the application.
L.
A copy of the lease for the rental.
[Amended 3-20-2020 by L.L. No. 4-2020]
A.
The filing fee for filing an application for a rental license shall
be $25 or such other amount as the Village Board of Trustees may hereafter
fix and establish from time to time by resolution.
B.
The filing fee for filing a supplement to a rental license application
shall be $25 or such other amount as the Village Board of Trustees
may hereafter fix and establish from time to time by resolution.
[Amended 3-20-2020 by L.L. No. 4-2020]
A rental license shall be issued by the Administrator, unless
he finds that facts exist upon which a denial is authorized pursuant
to this chapter, in which event he shall deny the license.
[Amended 3-20-2020 by L.L. No. 4-2020]
A rental license shall expire on the last day of the term of
the rental as stated in the application, unless revoked as hereinafter
provided.
[Amended 3-20-2020 by L.L. No. 4-2020]
Issuance of a rental license shall create no presumption that the rental complies with the provisions of this chapter or Chapter 196.
[Amended 3-20-2020 by L.L. No. 4-2020]
A rental license shall not be transferred or assigned to any
person or used by any person other than the licensee to whom it was
issued.
[Amended 3-20-2020 by L.L. No. 4-2020]
Issuance of a rental license shall not authorize any rental
other than the rental as stated in the application.
[Amended 3-20-2020 by L.L. No. 4-2020]
A.
A one-family dwelling utilized as a rental shall not be used or occupied
by any person who is not listed as a tenant or occupant in the application
for a rental license.
B.
If a person who is not so listed will use or occupy the dwelling,
a written, signed and verified supplement to the rental license application
shall be filed with the Administrator prior to such person commencing
occupancy. Such supplement shall contain the name and permanent residence
address of such person, together with such other reasonable information
as the Administrator may deem necessary to facilitate enforcement
of this chapter.
C.
If any other material change occurs with respect to the information
set forth in the rental license application, a written, signed and
verified supplement to such application shall be filed with the Administrator
setting forth such change. Such supplement shall be so filed within
seven days after such change occurs.
[Added 12-20-1991 by L.L. No. 8-1991; 3-25-2016 by L.L. No. 2-2016; 3-20-2020 by L.L. No. 4-2020]
B.
A one-family dwelling utilized as a rental shall not be used or occupied
by more than two persons per conventional bedroom.
C.
No owner or other person shall permit a one-family dwelling that
is a rental to be occupied by any person in such a manner that the
property involved constitutes a transient rental property.
D.
If a one-family dwelling is utilized as a rental, the entire dwelling must be rented and occupied for such purpose. As provided in § 196-16M of the Quogue Village Code, rental to and the use and occupancy by a person of less than all of a one-family dwelling is prohibited.
E.
If a one-family dwelling is utilized as a rental, the number of motor
vehicles parked on the premises between the hours of 1:00 a.m. and
6:00 a.m. shall not exceed the following: one vehicle for each conventional
bedroom, plus one additional vehicle.
F.
If a one-family dwelling is utilized as a rental:
(1)
The parcel on which such dwelling is located shall not be used for
any purpose which is not incidental to the rental use.
(2)
The selling or granting of a right to use the parcel for any purpose
to any person who is not listed as a tenant in the application for
a rental license or in a supplement thereto shall be prohibited.
(3)
The selling or granting to any such person of a right to use the
parcel for recreational purposes shall be prohibited.
(4)
The selling or granting to any such person of a right to use the
parcel for access to the ocean beach shall be prohibited.
G.
If a one-family dwelling is utilized as a rental:
(1)
The premises, including such dwelling and the parcel on which such
dwelling is located, shall not be used or occupied in a manner which
creates a public nuisance.
(2)
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
shall be deemed to create a public nuisance and shall be prohibited.
(3)
The congregating of a large number of persons on the premises may
be deemed to constitute conduct which is unreasonable under the circumstances,
where the circumstances conflict with a stable, uncongested single-family
environment. Without limiting the foregoing provision, the frequent
congregating of a large number of persons on the premises may also
be deemed to constitute conduct which is unreasonable under the circumstances.
(4)
The parking of a large number of motor vehicles on the premises may
be deemed to constitute conduct which is unreasonable under the circumstances,
where the circumstances conflict with a stable, uncongested single-family
environment. Without limiting the foregoing provision, the frequent
parking of a large number of motor vehicles on the premises may also
be deemed to constitute conduct which is unreasonable under the circumstances.
(5)
Any conduct which is not customarily associated with a traditional
family may be deemed to constitute conduct which is unreasonable under
the circumstances, where the circumstances conflict with a stable,
uncongested single-family environment. Without limiting the foregoing
provision, the frequent conducting of any conduct which is not customarily
associated with a traditional family may also be deemed to constitute
conduct which is unreasonable under the circumstances.
H.
Limitations on number of rentals. Notwithstanding anything in this chapter to the contrary, a one-family dwelling utilized as rental shall not be used and rented more than six times during the calendar year of which no more than four rentals shall be permitted during the summer season from Memorial Day through Labor Day. An owner may seek to increase the number of rentals by appealing to the Board of Trustees pursuant to the provisions of § 149-14.
[Added 10-20-2023 by L.L. No. 12-2023]
[Added 12-20-1991 by L.L. No. 8-1991; 3-20-2020 by L.L. No. 4-2020]
The Administrator may deny a rental license on any of the following
grounds:
A.
That the application does not comply with the provisions of this
chapter.
B.
That the applicant has falsified or failed to provide information
of substantial and material import in the application for a license.
C.
If the applicant was issued a rental license which was in effect
during any part of the calendar year immediately preceding the date
of the application, that the applicant falsified or failed to provide
information of substantial and material import in the application
upon which such license was issued or in any required supplement thereto.
D.
That the applicant violated any provision of this chapter during
the calendar year immediately preceding the date of the application
or during the calendar year in which the application is made.
E.
That the applicant has had a rental license revoked for cause during
the calendar year immediately preceding the date of the application
or during the calendar year in which the application is made.
F.
That a one-family dwelling owned by the applicant during the calendar
year immediately preceding the date of the application or during the
calendar year in which the application is made was used or occupied
in violation of this chapter during such period of the applicant's
ownership.
G.
That any tenant listed in the application violated any provision
of this chapter during the calendar year immediately preceding the
date of the application or during the calendar year in which the application
is made.
H.
That any tenant listed in the application violated any of the following provisions of the Village Code during the calendar year immediately preceding the date of the application or during the calendar year in which the application is made: Chapter 111; §§ 123-1, 123-12 and 123-13; §§ 146-4 and 80-13C; or §§ 103-1, 103-3, 103-5, 103-6 and 103-7.
I.
If the applicant was issued a rental license which was in effect during any part of the calendar year immediately preceding the date of the application, that a violation of any of the following provisions of the Village Code occurred on the premises during the term of such license: Chapter 111; §§ 123-1 and 123-12; §§ 146-4 and 80-13C; or §§ 103-1, 103-3, 103-5, 103-6 and 103-7.
J.
That a valid certificate of occupancy has not been issued for the
dwelling involved in the application.
K.
That the dwelling involved in the application does not have an operable
single-station smoke-detecting alarm device or devices installed in
accordance with state standards.
L.
That the dwelling involved in the application does not comply with
applicable requirements of the Suffolk County Housing Hygiene and
Occupancy Code.
A.
If the Administrator denies an application for a rental license,
he shall notify the applicant in writing. Such notice shall include
or be accompanied by a statement reciting the ground or grounds for
the denial.
[Amended 3-20-2020 by L.L. No. 4-2020]
B.
An applicant may appeal from such denial by filing a written request
for an appeal hearing before the Village Board of Trustees. Such request
shall be filed with the Village Clerk. The Village Clerk shall give
the appealing party at least five days' written notice of the time
and place of the appeal hearing.
C.
At the appeal hearing, the Village Board of Trustees shall give the
appealing party an opportunity to be heard. In all cases, the burden
of proof to show that the determination of the Administrator was arbitrary,
capricious or in excess of his authority shall be upon the appealing
party. The decision of the Village Board of Trustees on such appeal
shall be final and conclusive.
[Amended 3-20-2020 by L.L. No. 4-2020]
A.
The Village Board of Trustees, after a hearing at which the licensee shall be given an opportunity to be heard, may revoke a rental license on any of the grounds for denial of a license set forth in § 149-13.
[Amended 3-20-2020 by L.L. No. 4-2020]
B.
The Village Clerk shall give the licensee at least five days' written
notice of the time and place of any such hearing. Such notice shall
include or be accompanied by a statement reciting the ground or grounds
for revocation to be considered at such hearing.
A.
In determining any appeal from a denial of a rental license pursuant to § 149-14 and in determining whether to revoke a rental license pursuant to § 149-15, the Village Board of Trustees may consider the following:
[Added 12-20-1991 by L.L. No. 8-1991; 3-20-2020 by L.L. No. 4-2020]
(2)
Whether the owner made a good faith effort to comply with the provisions
of this chapter.
B.
In order to facilitate potential consideration of the foregoing,
whenever any enforcement step or proceeding is taken or commenced
against any tenant regarding a violation of this chapter, written
notice of such step or proceeding may be given to the owner.
C.
A proceeding to consider revocation of a rental license pursuant to § 149-15 shall not be deemed moot solely by reason of expiration of the term of a rental. If the licensee is still the owner of the premises at the time for the hearing under § 149-15, the Board of Trustees may consider and determine whether to revoke the license even if the term of the rental has expired by the time of such hearing, where the recited ground for revocation would constitute a ground for denial of a subsequent application for a license.
[Amended 3-20-2020 by L.L. No. 4-2020]
[Amended 3-20-2020 by L.L. No. 4-2020]
A.
An annual rental under a lease or agreement entered into prior to
the effective date of the local law requiring a license for all rentals
(unless specifically exempted) shall be exempt from the license requirement.
Renewals of the lease or agreement for such exempt rental shall also
be exempt from the license requirement, provided that there is no
change in the tenant or tenants.
B.
Where a rental license has been issued for an annual rental, renewal
of the lease or agreement for such annual rental (the lease or agreement
stated in the application for such rental license) shall be exempt
from the license requirement, provided that there is no change in
the tenant or tenants listed in the application for such rental license
and provided that there is no change in the person or persons listed
as an occupant in the application for such rental license.
A.
Each and every violation of this chapter shall constitute a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $2,500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment for a first offense;
by a fine not less than $2,500 nor more than $10,000 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment
for a second offense, both of which are committed within a period
of five years; and by a fine not less than $8,000 nor more than $15,000
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment for a third and any subsequent offenses or a
series of offenses, all of which are committed within a period of
seven years. The continuation of a violation of this chapter shall
constitute, for each day the violation is continued, a separate and
distinct violation hereunder.
[Amended 7-3-2003 by L.L. No. 2-2003; 7-21-2023 by L.L. No. 6-2023]
B.
Each and every person responsible for, causing, permitting, assisting
in or refusing to abate or correct any violation of this chapter shall
be guilty of such violation.
C.
For each and every violation of this chapter, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $2,500 for each and every such violation for a first
offense; by a civil penalty not less than $2,500 nor more than $10,000
for each and every such violation for a second offense, both of which
are committed within a period of five years; and by a civil penalty
not less than $8,000 nor more than $15,000 for each and every such
violation for a third and any subsequent offenses or a series of offenses,
all of which are committed within a period of seven years. The continuation
of a violation of this chapter shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
[Amended 7-3-2003 by L.L. No. 2-2003; 7-21-2023 by L.L. No. 6-2023]
[Amended 12-20-1991 by L.L. No. 8-1991]
A.
Any duly authorized police officer, peace officer, fire marshal,
ordinance enforcement officer, ordinance inspector, Building Inspector
or Administrator for the Village shall be authorized to enforce the
provisions of this chapter and shall be defined as an enforcement
officer under this chapter.
[Amended 3-20-2020 by L.L. No. 4-2020]
B.
An enforcement officer is authorized to make or cause to be made
inspections to determine the compliance of premises with this chapter
and to safeguard the health, safety and welfare of the public. The
enforcement officer is authorized to enter, with the consent of the
owner or tenant, any premises for the purpose of performing his duties
under this chapter.
C.
An enforcement officer is authorized to make application for the
issuance of a search warrant in order to conduct an inspection of
any premises covered by this chapter. The application for a search
warrant shall in all respects comply with the applicable laws of the
State of New York.
D.
Nothing in this section shall be deemed to authorize an enforcement
officer to conduct an inspection of any premises subject to this chapter
without either the consent of the owner or tenant of the premises
or a warrant duly issued by an appropriate court.
If any provision of this chapter shall be adjudged by a court
of competent jurisdiction to be unconstitutional or invalid, such
judgment shall not affect or impair the validity of the remainder
of this chapter.
