[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck:
Art. I, as L.L. No. 5-1975, effective 7-23-1975;
Art. II, 9-29-1992, effective 9-29-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 226.
Motels — See Ch. 246.
[Adopted as L.L. No. 5-1975, effective 7-23-1975]
A.
The Board of Trustees of the Village of Mamaroneck, on
November 13, 1974, declared an emergency pursuant to the Emergency Tenant
Protection Act of 1974, hereinafter referred to as the "Act,"[1] providing for regulation of rents of all housing accommodations
subject to regulation under the Act. Section 8 of the Act requires that the
village pay the costs incurred by the State Division of Housing and Community
Renewal in administering the rent regulations under the Act by making deposits
in a revolving fund.
[1]
Editor's Note: See Unconsolidated Laws § 8621 et seq.
B.
Section 8, Subdivision b, of the Act[2] authorizes the village to impose on the owners of every building
containing housing accommodations subject to regulation under the Act an annual
charge for each such accommodation in such amount as the village determines
to be necessary for the expenses to be incurred in the administration of such
regulation. The procedures for the determination and collection of the charge
and provisions for penalties and liens necessary thereto are hereby established.
[2]
Editor's Note: See Unconsolidated Laws § 8628, Subdivision
b.
The owner of every building containing housing accommodations subject to regulation pursuant to the Act shall pay to the Village of Mamaroneck an annual charge, as shall be determined by the Board of Trustees pursuant to § 312-3, for each such housing accommodation in a building owned by him for the period November 13, 1974, through the close of the current fiscal year of the state as to the first year, and, thereafter, on a fiscal year basis commencing May 1 and ending April 30 in each year. The status date as to ownership and as to housing accommodations subject to the Act to be used for determining liability for the annual charge shall be April 30 in each year.
The Village Manager shall annually report to the Board of Trustees the
number and the owners of record of housing accommodations subject to regulation
under the Act in the village as of April 30 and provide to the Board of Trustees
an itemization of the expenses incurred by the village as a result of the
administration of the regulation of residential rents pursuant to the Act.
The Board of Trustees shall thereafter determine the amount of the annual
charge to be imposed on each housing accommodation subject to regulation under
the Act in the village.
A.
The Assessor shall annually prepare a list of owners
subject to the annual charge, which shall be a list of owners by name and
address of buildings containing housing accommodations subject to the Act
who are liable for the annual charge, identifying the address and tax lot
reference of the premises and the number of units of housing accommodations
at the premises subject to the Act.
B.
After April 30 but prior to June 1, the Assessor shall
file with the Village Clerk-Treasurer a certified copy of the list of owners
subject to the annual charge.
C.
The Clerk-Treasurer shall thereafter, following the determination
by the Board of Trustees of the annual charge, compute the total charge to
be paid by each owner subject to the annual charge and render bills on account
on the annual charge as computed and mail the bills to each owner listed at
the address shown on the list.
D.
Failure to pay the bill by March 31 of the following
year will result in certification to the Board, and the balance due will be
levied in the same manner as is provided for the billing of village taxes.
E.
The billing of the annual charge, whether or not done
in conjunction with the billing of village taxes, shall include a request
to each owner that the Clerk-Treasurer be advised as to any error in the number
of units of regulated housing accommodations listed as belonging to that owner
so that the owner's payment of the annual charge may be adjusted accordingly
and paid as adjusted.
[Adopted 9-29-1992, effective 9-29-1992;
amended 5-10-1993, effective 5-10-1993]
Owner-occupied or vacant condominium and cooperative units be and the
same are hereby removed from regulation under the Emergency Tenant Protection
Act of 1974, as amended.
The terms used in this resolution are defined and incorporated herein
as follows:
As this word is used or defined under the Condominium Act of the
State of New York and as the same is used or defined in the Emergency Tenant
Protection Act of 1974, as amended, and the regulations adopted thereunder.
A cooperative corporation, an association, a partnership or other
entity formed for the purpose of owning dwelling units intended to be occupied
in the first instance by shareholders, associates or partners of the entity
and as such word is used or defined in the Emergency Tenant Protection Act
of 1974, as amended, and the regulations adopted thereunder, and as such word
is defined and used in § 581 of the Real Property Tax Law.
Any person who is the purchaser, owner or grantee of a condominium
deed or the shareholder of a cooperative corporation (or the proprietary lessee
of any unit in a building owned by such corporation) or any of the following
relatives of such person: spouse, former spouse, child, parent, stepchild,
stepparent, sibling or spouse of any of the foregoing.
Any condominium or cooperative dwelling accommodation which is occupied
by an owner, proprietary lessee or shareholder, or which accommodation may
be occupied by an owner, proprietary lessee or shareholder without evicting
therefrom any person or persons who are otherwise entitled to remain in such
dwelling accommodation as a rental tenant or tenants under the terms and protection
afforded to such tenant(s) by the Emergency Tenant Protection Act of 1974,
as amended.
Person(s) named as such in the proprietary lease to a cooperative
unit and all persons who are legally entitled to occupy the cooperative unit
without Board of Directors approval under the terms of the proprietary lease.
Any condominium or cooperative dwelling accommodation, regardless
of ownership, which was at any time subject to protections afforded to tenant(s)
under the Emergency Tenant Protection Act of 1974, as amended, and which unit
is presently vacant or hereafter becomes vacant.
