[1]
Editor's Note: This local law also repealed
former § 73-17, Severability.
The Town Board of the Town of Huntington has
determined that there exists in the Town of Huntington an increase
in the advertisement for lease and/or hire of residential properties
containing illegal apartments as well as an increase in the listing
and leasing of illegal apartments that are substandard or constructed
in violation of the Code of the Town of Huntington. The advertisement
for lease and/or hire of these residential properties and dwelling
units overburdens municipal services and fosters deterioration of
the housing stock within the township. The Board finds that stricter
regulations will serve to strengthen enforcement efforts to reduce
illegal housing; advance the health, safety and welfare of Town residents
and promote the peace and good order.
A.
No person or business entity, including without limitation
a property owner, real estate brokerage firm, realty company, real
estate broker or agent shall solicit, advertise, publish or cause,
permit and/or allow another person or business entity to solicit,
advertise, or publish to the general public or to a selected segment
of the general public a written offer to lease, hire or otherwise
occupy any building structure containing an apartment or to lease,
hire or occupy an apartment without specifying the permit number and
expiration date of a valid accessory apartment permit or the number
and date of issuance of the certificate of occupancy and/or a certificate
of permitted use permitting the use of premises by more than one (1)
family.
B.
It shall be a rebuttable presumption that in the absence
of a statement setting forth a valid accessory apartment permit number
and expiration date, and/or the number and date of issuance of the
certificate of occupancy and/or certificate of permitted use, the
inclusion of any of the following phrases in a written solicitation,
advertisement, publication or offer for the lease, hire or occupancy
of a residential structure is in violation of this article:
C.
Exemption.
(1)
This article is not intended to impose liability upon
the following:
(a)
The owner, editor and/or publisher of a newspaper
of general circulation in the community or a newspaper that contains
news and information of interest to the general public, or to a particular
segment of the general public, for printing or publishing a solicitation,
advertisement, listing or offer for the lease, hire or occupancy of
an apartment or a residential building containing an apartment without
including the number and expiration date of a valid accessory apartment
permit and/or such other information required by this article. The
term "newspaper of general circulation" shall not include circulars,
pamphlets, magazines or other printed material advertising properties
for sale or lease and drafted, composed, generated, displayed, disseminated
and/or distributed by real estate companies or real estate brokerage
firms, their employees, agents and/or servants.
(b)
The Multiple Listing Service of Long Island
(MLS) or other organization composed of member brokers and agents
who agree to share their listing agreements with one another, for
including, disseminating, posting and/or otherwise publishing a solicitation,
advertisement, listing or offer for the lease, hire or occupancy of
an apartment or residential building containing an apartment without
including the number and expiration date of a valid accessory apartment
permit and/or such other information required by this article.
(c)
The owner and/or operator of an web site hosting
service or those involved in the provision of internet services for
including, disseminating, posting and/or otherwise publishing a solicitation,
advertisement, listing or offer for the lease, hire or occupancy of
an apartment or residential building containing an apartment without
including the number and expiration date of a valid accessory apartment
permit and/or such other information required by this article.
(d)
The exemption does not extend to property owners,
individual real estate brokerage firms, realty companies, real estate
brokers and/or agents who cause, allow and/or permit an advertisement
or solicitation in violation of this article to be listed, placed,
posted or submitted for inclusion in a newspaper, the Multiple Listing
Service or on a web site.
D.
The terms "solicit" or "solicitation" as used in this
article are not intended to apply to postcards or other printed material
drafted, composed, generated, disseminated and/or distributed by real
estate brokerage firms, their employees, agents and/or servants and
mailed to neighboring residents solely to announce the recent sale
of a residence in the neighborhood.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
A person or business entity who commits or permits
any acts in violation of any provision of this Article shall be deemed
to have committed an offense against this Article, and shall upon
conviction thereof, be subject to a fine of not less than five hundred
($500.) dollars and not more than two thousand five hundred ($2,500.)
dollars. Each week or part thereof such violation continues or is
permitted to exist following notification by the Town or service of
a summons, appearance ticket or notice of violation returnable before
the Bureau of Administrative Adjudication, shall constitute a separate
offense, punishable in like manner. Any person or entity found by
the Bureau of Administrative Adjudication to have violated this article
shall likewise be subject to a monetary penalty in an amount within
the range of fines authorized herein for any offense or continuing
offense.
(B)
In addition to the penalty set forth above and any
other remedy available to the Town, the Town Board may maintain an
action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this article.
(C)
In addition to the criminal penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil relief, including but not limited to,
compensatory actions or fines or other civil remedies which in the
opinion of the Town Attorney may seem necessary and proper. Such civil
relief may be sought in a court of competent jurisdiction or from
a duly appointed hearing officer whenever permitted by law. Any civil
monetary penalty awarded may be added to the tax bill of the property
where the violation occurred.[1]
[1]
Editor's Note: Former Art. V, Solicitation, Advertising and
Showing of Rental Properties, adopted 4-19-2005 by L.L. No. 5-2005,
which immediately followed, was repealed 8-11-2015 by L.L. No. 32-2015.
