[HISTORY: Adopted by the Town Board of the
Town of Bedford 1-16-2024 by L.L. No. 1-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 76,
Landlord Registry, adopted 6-19-2007 by L.L. No. 6-2007, as amended.
A.
The purpose of this chapter is to establish a registry of all residential
rental property, as defined herein, which will enable the Town to
identify persons responsible for the care and management of such properties
to require health and safety inspections of such properties, obtain
building diagnostic tests and/or require reporting of energy use and
tenant energy costs in buildings, to provide information or technical
assistance, improve building performance, and to disclose information
to the public to support the health and well-being of residents. The
outcomes of these actions will improve the health and well-being of
Town residents through elevated building performance and the identification
of opportunities to improve safety, cut costs, reduce pollution, improve
tenant health and mitigate greenhouse gas emissions from buildings,
and by ensuring compliance with all applicable laws, rules and regulations
concerning the safety and maintenance of such properties, including
but not limited to the Town Code of the Town of Bedford and other
local, state or federal rules, regulations or laws.
B.
It is the policy of both the Town and the State of New York (the
"state") to support the health and well-being of residents by promoting
elevated building performance to reduce toxic air pollutants and greenhouse
gas emissions, lower environmental and socioeconomic energy burdens,
mitigate the effect of global climate change and advance a clean energy
economy. The Town finds that it can advance these Town and state policy
goals by making available accurate, complete, and actionable information
on building energy use, building performance and available services
to help identify opportunities to cut costs, reduce pollution, improve
tenant health and mitigate greenhouse gas emissions from buildings
in the Town.
C.
The poorest performing buildings typically use several times the
energy of the highest performing buildings for the same building use,
causing undue cost strains and imposing avoidable pollution upon residents
and the community. In addition, poorly performing buildings often
contain harmful pollutants that affect the health and well-being of
residents.
D.
It is the intent of this chapter to improve the health and well-being
of tenants and the people of the Town by requiring the reporting and
disclosure of building performance information for all residential
rental property. Collecting, reporting and sharing building performance
information on a regular basis allows owners and occupants to understand
their buildings' performance relative to similar buildings. Equipped
with this information, owners and government agencies are able to
make smarter and more cost-effective operational and capital investment
decisions, improve health conditions, boost efficiency, and drive
widespread, continuous improvement in building energy efficiency and
building performance.
A.
The Town is authorized to enact this chapter 76 pursuant to the Constitution and laws of the state, including, in particular:
(1)
Article IX of the New York State Constitution, §§ 2(c)(6)
and (10).
(2)
New York Statute of Local Governments, § 10(1).
(3)
New York Municipal Home Rule Law § 10, Subdivision 1(i)
and (ii) and § 10, Subdivision 1(ii)a(11), (12), and (14).
(4)
New York Energy Law § 11-109 (adoption of local energy
construction codes that are more stringent than NYS Code).
(5)
The supersession authority of New York Municipal Home Rule Law § 10,
Subdivision 1 (ii)d(3);
(6)
New York Town Law § 130, Subdivision 1 (Building Code),
Subdivision 2 (Plumbing Code), Subdivision 8 (smoke, gases and waste)
and Subdivision 15 (promotion of public welfare);
(7)
New York Town Law § 64, Subdivision 17-a (protection of
aesthetic interests) and Subdivision 23 (general powers); and
(8)
Climate Leadership and Community Protection Act (2019).
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The process of measuring a building's energy and water
use by utilizing Portfolio Manager, as defined herein, tracking that
use over time, and comparing performance to similar buildings.
Information generated by Portfolio Manager or comparable
commercially available tool, including descriptive information about
the physical building and its operational characteristics.
Any structure having a roof, supported by columns or by walls
or self-supporting, and intended for the shelter, housing or enclosure
of persons, animals or chattel.
The Town of Bedford Building Department.
A test of certain building conditions including but not limited
to atmospheric ventilation testing of fuel-burning appliances; spillage
test to measure CO, CO2 infiltration; infrared test to test envelope
performance and air infiltrations; blower door test to test envelope
performance and air infiltrations; and indoor air quality test.
Any building information collected in connection with this
chapter.
The Town of Bedford will periodically review, adopt by Town
Board resolution, and post criteria for specific ratings that each
building will receive to enable the public to compare the relative
performance of residential rental properties. Rating criteria shall
be established based on inspection information and annual benchmarking
data for each of the following:
The metric used to compare the emissions of various greenhouse
gases based upon their global warming potential as defined in the
Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment
Report (2014) or any subsequent IPCC Assessment Report.
Electricity, natural gas, steam, propane, hot or chilled
water, fuel oil or other product for use in a building, or renewable
on-site electricity generation, for purposes of providing heating,
cooling, lighting, water heating, or for powering or fueling other
end-uses in the building and related facilities, as reflected in the
utility bills or other documentation of actual energy use.
Any invoice provided to the owner of a residential rental
property for the supply of energy, including without limitation electricity
and water, to such residential rental property.
Carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride
(SF6), or nitrogen trifluoride (NF3).
The total number of enclosed square feet measured between
the exterior surfaces of the fixed walls within any structure used
or intended for supporting or sheltering any use or occupancy.
Criteria enumerated by resolution of the Town Board and posted
by the Building Department to ensure that building conditions do not
present health and safety risks to building occupants including but
not limited to asbestos, elevated CO levels, fuel gas leaks, fuel
oil leaks and/or heating appliances, and elevated moisture levels.
An on-site inspection as required pursuant to Section 76-6 of this chapter, conducted by a duly qualified third-party inspector, of a building to review New York State Building Code and Fire Code requirements and local health and safety criteria.
A report prepared by a duly qualified third-party inspector
following a health and safety inspection or health and safety energy
audit, with respect to New York State Building Code and Fire Code
requirements and local health and safety criteria, which shall also
provide a link to the Town website building ratings.
An inspection of a building that includes all components
of a health and safety inspection as defined herein and also includes
an analysis of a building's energy use, conducted by a duly qualified
energy professional.
An area of a building contructed prior to 1979 where paint
is observed to be in poor condition duing a health and safety inspection
or health, safety, and energy audit.
Any individual or individuals, partnership or corporation,
similar type of business organization or proprietary interest, whether
for profit or otherwise, in whose name title to a building is vested.
Airborne and/or waterborne by-products from the use of energy
and/or synthetic materials in the residential rental property including
but not limited to greenhouse gases, nitrogen oxides (NOx, NO2), volatile
organic compounds (VOCs), particulate matter (PM10 and PM 2.5), sulfur
dioxide (SO2) and black carbon.
ENERGY STAR Portfolio Manager, the internet-based tool developed
and maintained by the U.S. Environmental Protection Agency to track
and assess the relative energy performance of buildings nationwide,
or any successor thereto.
Includes all buildings containing at least two residential units, which are, or could be, either rented, leased, let or hired out, which shall be limited to two-family, multifamily or mixed-use commercial buildings containing at least one residential unit. Notwithstanding the foregoing, any two-family building in which one of the units is occupied by the owner shall not be subject to the inspection, benchmarking or disclosure requirements set forth in §§ 76-6 through 76-9 of this chapter, but shall be required to register pursuant to §§ 76-4 and 76-5 and comply with the record maintenance requirements pursuant to § 76-10, below. The burden to demonstrate that a unit in a two-family building is occupied by the owner shall be on the owner.
A responsible person over 21 years old, residing or doing
business in Westchester County, who shall be responsible for the care
and management of such property and is authorized by said owner to
accept legal process on behalf of the owner when the owner resides
or has its principal place of business outside of Westchester County.
A participant in a NYSERDA Residential Energy Assessment
program and that is authorized by the Town of Bedford to provide health
and safety inspections.
An entity that distributes and sells energy or water to a
residential rental property.
A.
Registration. Every owner of any residential rental property shall
be required to register such property with the Building Department,
on such form or forms as prescribed by the Building Department or
its designee, within a period of 60 days of becoming the owner of
any residential rental property in the Town of Bedford. A new form
shall be filed whenever there is a change of ownership, and it shall
be the responsibility of the new owner to ensure that such form is
filed within a period of 60 days from taking title to the property.
It shall be the responsibility of all owners of residential rental
property to register such property with the Building Department or
its designee, whether notified to do so by the Building Department
or its designee or not.
B.
Recertification. Every owner who has registered a residential rental
property with the Building Department or its designee shall be required
to recertify, on such form or forms as prescribed by the Building
Department or its designee, within five years of the previous recertification.
It shall be the responsibility of all owners of residential rental
property to recertify such residential rental property with the Building
Department or its designee every five years, whether notified to do
so by the Building Department or its designee or not.
C.
Registry fee. Every owner or prospective owner of residential rental
property, at the time he or she is required to register or recertify
said residential rental property with the Building Department or its
designee, shall also be required to pay a fee to the Town of Bedford
for the registration or recertification of the residential rental
property, whether all units are rented or not, as set forth in the
Town Schedule of Fees.[1] It is the responsibility of the residential rental property
owner to submit the registry fee with the registration or recertification
form.
[1]
Editor's Note: The Schedule of Fees is on file in the
Town offices.
A.
The residential rental property registration form shall include the
following information:
(1)
The property address, and the section, block and lot number of the
property as stated on the Tax Map of the Town of Bedford, and the
number of residential dwelling units on each property.
(2)
The email address, mailing address and telephone number of the owner(s).
(3)
The name and names, titles, email address, mailing addresses and
telephone numbers of any responsible person(s) of the corporation,
LLC, partnership or other similar business entity if the ownership
is held in a nonindividual capacity.
B.
The form shall be signed by the owner or a responsible person and
shall contain the following declaration: "I certify that all information
contained in this statement is true and correct to the best of my
knowledge and belief. I understand that the willful making of any
false statement of material fact herein will subject me to the provisions
of law relevant to the making and filing of false instruments and
shall constitute a violation of this chapter." It shall be the responsibility
of each owner to timely notify the Building Department or its designee
whenever the information provided in this form has become outdated
or for any reason is no longer accurate.
C.
The recertification form shall certify that all information previously
submitted to the Building Department or its designee with respect
to the initial registration of the residential rental property is
unchanged and remains accurate and shall be signed by the owner or
a responsible person and shall contain the following declaration:
"I certify that all information contained in this statement is true
and correct to the best of my knowledge and belief. I understand that
the willful making of any false statement of material fact herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and shall constitute a violation of this
chapter."
A.
To ascertain if any local or New York State Building Code or Fire
Code violations exist and to determine the overall performance of
the building, the owner of a residential rental property must have
an initial health and safety inspection, or health, safety, and energy
audit as defined herein, of the residential rental property. The initial
health and safety inspection shall be completed not later than the
completion date as set by the Town of Bedford after registration and
within three years after this chapter is reenacted, whichever comes
first. The owner of the residential rental property shall schedule
a health and safety inspection or health, safety, and energy audit
by an independent, third-party inspector chosen from a Town-provided
list and retained by the owner of the residential rental property.
The owner of the residential rental property may retain a third-party
inspector not referenced on the Town-provided list so long as the
third-party inspector is authorized by the Building Department in
writing to perform the required health and safety inspection.
B.
After completion of the initial health and safety inspection or health,
safety, and energy audit (which includes the health and safety inspection),
a health safety inspection shall be conducted every five years after
the date of the most recent inspection for the building.
C.
Any health safety inspection conducted pursuant to Subsection A of this § 76-6 which reveals the presence of a health and safety criteria violation shall be remedied by the owner within 30 days of the receipt of the health and safety inspection report by the owner, or in a time frame as determined by the Building Department or its designee. The owner of the residential property shall report completion of such required remediation to the Building Department prior to the thirty-day period set forth in the health and safety inspection report.
D.
Failure to bring any residential rental property into conformance with such health and safety inspection report and/or to remedy a health and safety criteria violation within 30 days shall constitute a violation of this chapter subject to the penalties set forth in § 76-11 of this chapter, it being expressly understood that this provision shall not constitute the exclusive remedy of the Town of Bedford but shall be an addition thereto.
E.
With respect to any residential rental property that has demonstrated
lead criteria during a health and safety inspection or health, safety,
and energy audit, the third-party inspector shall notify Westchester
County's Lead Safe Westchester Program not later than one week
after observing the existence of lead criteria and shall copy the
Building Department on such communication with the county.
F.
Any owner required to address a health and safety criteria violation under this section may request additional time to remedy the health and safety criteria violation, which extension shall be granted at the Building Department's sole discretion. The owner's duty under Subsection C shall continue until the Building Department or its designee determines that the residential rental property no longer has a health and safety criteria violation.
A.
The owner of any residential rental property shall perform benchmarking
annually and enter such information into Portfolio Manager the total
energy and water consumed by each residential rental property, along
with the building address, primary use type, and gross floor area,
and all other descriptive information required by Portfolio Manager
for the previous calendar year. The initial benchmarking shall occur
not later than the required completion date as set by the Town of
Bedford after registration of the residential rental property, or
three years after this chapter is reenacted, whichever comes first.
The owner shall share data with the Building Department by adding
the Building Department as eligible to receive information from Portfolio
Manager.
B.
The information described in § 76-7A above for a residential rental property on master-metered campuses shall be entered into Portfolio Manager at the campus level, unless such residential rental property is submetered at the building level, after which point information regarding such residential rental property shall be entered into Portfolio Manager at the building level.
C.
The owner of a new (less than one year old) residential rental property that has not accumulated 12 months of energy or water use data by the first applicable date following occupancy shall comply with § 76-7A above in the following year.
D.
Where the current owner learns that any information reported as part
of a benchmarking submission is inaccurate or incomplete, the owner
shall amend the reported information in Portfolio Manager and shall
provide an updated benchmarking submission to the Building Department
or its designee within 30 days of learning of the inaccuracy.
A.
An owner of an individual residential rental property shall be exempt from any requirements of §§ 76-6 and 76-7 if the owner of such residential rental property submits documentation, in a form prescribed by the Building Department or its designee, establishing either of the following:
(1)
The residential rental property is presently experiencing qualifying
financial distress, as defined by any of the following:
(a)
The residential rental property is the subject of a qualified
tax lien sale or public auction due to property tax arrearages;
(b)
The residential rental property is controlled by a court-appointed
receiver; or
(c)
The residential rental property has been acquired by a deed
in lieu of foreclosure; or
(2)
The residential rental property is new construction and the residential
rental property's certificate of occupancy was issued during
the calendar year for which a health and safety inspection, benchmarking,
building performance information or other disclosure is required.
B.
The Building Department or its designee may grant an extension of time for compliance with §§ 76-5, 76-6 and 76-7 above, if the owner of a residential rental property indicates, in a form to be determined by the Building Department or its designee, that, despite good-faith efforts, the owner could not satisfy the requirements of this chapter by the imposed deadlines.
A.
Within 30 days after a health and safety inspection or health, safety,
and energy audit has been completed, the health and safety inspection
report shall be provided to the Building Department or its designee,
in such form as required by the Town of Bedford.
B.
Within 30 days after a health and safety inspection or health, safety,
and energy audit has been completed, the owner shall post in a public
area where possible and provide to all tenants the health and safety
inspection report or health, safety, and energy audit results and
any remediation actions that have been taken, and maintain a record
of such communications with tenants for five years.
C.
The owner of a residential rental property shall provide a copy of
benchmarking and any health and safety inspection report issued pursuant
to this chapter to a prospective purchaser of the residential rental
property and maintain a record of such communications for five years.
D.
In order to maintain the continuity of publically available information about Residential Rental Property, before ownership of any occupied residential rental property is transferred, the owner shall provide to the buyer, at or before closing, all information necessary for the buyer to report building performance information for the entire year, if required, in a timely manner. It shall be a violation of this chapter for any seller to fail to provide any such information at or before closing. This Subsection D does not apply to transfers of title to real property in the following circumstances:
(1)
Through a foreclosure sale or trustee's sale, or a deed in lieu
of foreclosure;
(2)
Through a preforeclosure sale where the seller has reached an agreement
with the mortgage to sell the building for an amount less than the
amount owed on the mortgage;
(3)
Through the exercise of or under the threat of eminent domain;
(4)
From one family member to another family member without consideration;
(5)
Under a court order or probate proceedings;
(6)
Under a decree of legal separation or dissolution of marriage, or
property settlement agreement; or
(7)
Incidental to such decree.
E.
The Town shall make available to the public on the Town website building
performance information for the previous calendar year no later than
September 1 of each year for residential rental properties.
F.
The Town will use best efforts to send to each building owner and
make available on the Town website, and update at least annually,
the following building performance information:
(1)
Summary and comparative statistics on energy and water consumption
and applicable comparative ratings for residential rental properties
derived from aggregation of building performance information; and
(2)
For each residential rental property individually:
(a)
The building address, use types and gross floor area; and
(b)
Annual summary statistics from benchmarking and building ratings;
and
(c)
A comparison of the annual summary statistics across calendar
years for all years since annual reporting under this chapter has
been required for said building.
(3)
Where the current owner of any residential rental property learns
that any information reported as part of a building performance information
submission is inaccurate or incomplete, the owner shall amend the
reported information and shall provide an updated building performance
information submission to the Building Department or its designee
within 30 days of learning of the inaccuracy.
G.
No later than September 1 of each year, the Building Department or
its designee shall submit a report to the Town Board including but
not limited to building performance information summary statistics
for residential rental properties, as required by the Building Department
or its designee, the total number of residential rental properties,
a list of all residential rental properties, if any, that the Building
Department or its designee has determined to be exempt from any requirements
of this chapter and the reason or reasons for the exemption, the number
of violations issued pursuant to this chapter during the preceding
year, the amount of any fines assessed and any fines collected for
violations of this chapter during the preceding year, and the status
of compliance with the requirements of this chapter.
Owners of residential rental properties shall maintain records
of energy and water bills and other documents received from tenants
and/or utilities with respect to energy and water use, and any other
records the Building Department or its designee determines to be necessary
for carrying out the purposes of this chapter. Such records shall
be preserved by owners for a period of at least five years. At the
request of the Building Department or its designee, such records shall
be made available for inspection and audit by the Building Department,
or its designee.
A.
Failure to comply with any of the provisions of this chapter shall
constitute a violation of the Code of the Town of Bedford.
B.
A violation of this chapter shall constitute an unclassified misdemeanor,
and any person who shall violate any provision of this chapter, or
any person who shall knowingly assist therein, shall be liable to
a minimum fine of $250 and a maximum fine of $5,000, or imprisonment
not exceeding six months, or both such fine and imprisonment. Each
and every day that any such violation continues following notification
that such violation exists shall constitute a separate offense. Any
initial notice of violation shall be written by the Building Inspector,
or his or her designee, or by the third-party inspector and shall
be served by mail or made by personal service on the owner.
C.
This section shall not constitute the exclusive remedy of the Town
of Bedford for a violation of this chapter, but shall be an addition
to any other remedies available thereto, including but not limited
to commencing a proceeding to obtain injunctive relief.
