[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 12-7-1999 by L.L. No. 12-1999, effective 12-10-1999. Amendments
noted where applicable.]
A.
The intent of this chapter is to preserve the aesthetic
integrity of our residential neighborhoods, prevent neighborhood blight,
protect residential property values, encourage residential property
maintenance and enhance the quality of life in our residential neighborhoods.
B.
This chapter is intended to apply to all dwelling
units within the Town of Brookhaven. This chapter shall not apply
to property located in the Great South Beach (Fire Island) which will
be regulated by § 85-170.1 of the Code of the Town of Brookhaven.
The Town Board of the Town of Brookhaven has determined that there
exists in the Town of Brookhaven serious conditions arising from non-owner
occupied rental of dwelling units in one, two and three family and
multiple dwellings that are substandard or in violation of the New
York State Uniform Fire Prevention and Building Code, Building Rehabilitation
Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other
codes and ordinances of the Town. Many of these dwellings are inadequate
in size, overcrowded and dangerous, and such dwelling units pose hazards
to life, limb and property of residents of the Town and others, tend
to promote and encourage deterioration of the housing stock of the
Town, create blight and excessive vehicle traffic and parking problems
and to overburden municipal services. The Board finds that current
Code provisions are inadequate to halt the proliferation of such conditions
and that the public health, safety, welfare and good order and governance
of the Town will be enhanced by enactment of the regulations set forth
in this chapter, which regulations are remedial in nature and effect.
The Board also finds that owner occupied dwellings can also fall into
disrepair and not be adequately maintained, which has a detrimental
effect on neighborhoods.
[Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]
As used in this chapter, the following terms
shall have the meanings indicated:
Chief Building Inspector, Principal Building Inspector, Senior
Building Inspector, Building/Zoning Inspector, Building Inspector,
Zoning Inspector, Recycling and Sustainable Materials Management Inspectors,
Housing Inspectors, Building Permits Coordinator, Electrical or Plumbing
Inspector, Chief Fire Marshal, Assistant Chief Fire Marshal, Senior
Fire Marshal, Police Officer, Town Investigator or Ordinance Inspector
of the Town of Brookhaven and other law enforcement officers.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
A structure or building, one-, two-, or three-family dwelling,
or multi-unit apartments, condominiums or cooperatives, occupied or
to be occupied by one or more persons as a home or residence.
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren,
siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
Any person, partnership, corporation or other entity who,
alone or jointly with others, shall have legal title to any premises,
with or without accompanying actual possession thereof; or who shall
have charge, care or control of any dwelling unit as a cooperative
shareholder or as executor, administrator, trustee, receiver or guardian
of the estate or as a mortgagee in possession, title or control; including
but not limited to a bank or lending institution, regardless of how
such possession, title or control was obtained.
[Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010]
A return, in money, property or other valuable consideration
(including payment in kind or for 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 as a one, two, or three family dwelling or multiple
apartment units or condominiums or cooperatives.
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.[1]
A registration which is issued upon application to the Chief
Building Inspector and shall be valid for 15 months from the date
of issuance.
[Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 7-2-2013 by L.L. No. 33-2013, effective 7-15-2013]
A dwelling unit which is occupied for habitation as a residence
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 residential occupation for a period of less than
28 nights. For the purposes of this chapter, the term "transient residential
occupancy" shall mean all non-owner-occupied, single-family residences,
two-family residences, and townhouses rented for a period of less
than 28 nights and shall not include:
[Added 12-19-2023 by L.L. No. 13-2023, effective 12-29-2023]
[1]
Editor's Note: The definition of “rental occupancy permit,”
which immediately followed this definition, was repealed 11-23-2010
by L.L. No. 41-2010, effective 12-7-2010.
[Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 7-15-2014 by L.L. No.
14-2014, effective 7-27-2014]
A.
Surface
and subsurface water shall be appropriately drained to protect buildings
and structures and to prevent the accumulation of water. Gutters,
culverts, catch basins, drain outlets, stormwater sewers, approved
combined storm and sanitary sewers or other satisfactory drainage
systems shall be utilized to prevent damage to any portion of the
subject or adjacent properties or any improvements thereupon.
B.
Steps,
walks, driveways, parking areas and other paved areas shall be maintained
in good repair.
C.
Yards
shall be kept clean and free of physical hazards and debris.
D.
All
lawns, common areas and recreation areas shall be maintained in a
clean and neat condition. No portion of a lawn shall be damaged or
destroyed by overuse or by the parking or driving of motor vehicles
on such established lawn area. Carpet, tarps, sand or materials that
damage or destroy the lawn shall not be placed anywhere upon a front
lawn at any time. No portion of any front lawn shall be used for the
parking, placement or storage of motor vehicles, trailers, boats or
campers.
[Amended 8-2-2018 by L.L.
No. 18-2018]
E.
Exterior
surfaces of any and all dwellings, structures and accessory structures,
including but not limited to fences that are not inherently resistant
to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall
be maintained free of deterioration, including but not limited to
broken or missing glass, loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scaling or deteriorated paint.
F.
Dwellings,
structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
G.
Dwellings,
structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
H.
Adequate
sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant
to Suffolk County Health Department standards.
I.
Floors, walls, ceilings and fixtures in residential dwellings shall
be maintained in a clean and sanitary condition.
J.
Dwellings, structures and accessory structures shall be free of partitions
or locked internal doors barring access between segregated portions
of the building or dwelling unit.
K.
No bedroom or sleeping quarters shall have interior key locks or
dead bolt locked doors servicing said bedroom or sleeping quarters.
L.
No bedroom shall constitute the only means of access of other bedrooms
or habitable spaces, and bedrooms shall not serve as the only means
of egress from other habitable spaces.
[1]
Editor's Note: Former § 82-4, Rental occupancy registration
required, as amended, was repealed 11-23-2010 by L.L. No. 41-2010,
effective 12-7-2010.
[Amended 7-22-2003 by L.L. No. 18-2003, effective 7-28-2003; 7-2-2013 by L.L. No. 33-2013, effective 7-15-2013; 8-2-2018 by L.L. No. 17-2018, effective 8-13-2018]
A.
A
nonrefundable rental registration application fee shall be paid, upon
filing an application, or renewal application, in accordance with
the fee schedule established by Town Board resolution.
B.
The
fee required by this section, as established by Town Board resolution,
shall be waived for any applicant which demonstrates that it is a
not-for-profit housing development corporation organized under the
laws of the State of New York, and that it is providing housing for
senior citizens or other designated special populations subject to
income guidelines established by either federal or state regulation.
C.
Any
owner who operates a multi-unit apartment complex shall pay a biennial
fee, as established by Town Board resolution, based upon the number
of rental units.
[Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]
Each rental dwelling shall be equipped with
a functioning smoke detector device, in compliance with New York State
Uniform Fire Prevention and Building Code.
[1]
Editor's Note: Former § 82-7, Required space for occupancy,
as amended, was repealed 9-13-2018 by L.L. No. 22-2018, effective
9-24-2018.
[Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002; 7-15-2014 by L.L. No.
14-2014, effective 7-27-2014]
A.
No
permit shall be issued under any application unless all the provisions
of the Code of the Town of Brookhaven, the laws and sanitary and housing
regulations of the County of Suffolk and the laws of the State of
New York have been complied with.
B.
The
Chief Building Inspector of the Town of Brookhaven is authorized to
make or cause to be made inspections, to determine the condition of
dwellings and to safeguard the health, safety, morals and welfare
of the public. The Chief Building Inspector or his designated representative
is authorized to enter, upon the consent of the owner, any dwelling,
dwelling unit, rooming house, rooming unit or premises at any reasonable
time during daylight hours or at such other time as may be necessary
in an emergency, without consent of the owner, for the purpose of
performing his duties under this chapter.
C.
Search
without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the
Chief Building Inspector of the Town of Brookhaven or his authorized
representative to conduct an inspection of any premises subject to
this chapter without the consent of the owner of the premises or without
a warrant duly issued by an appropriate court.
D.
Conflict
with other chapters or law. Nothing in this chapter shall be construed
to negate the authority for inspections pursuant to any other section
of law or court-ordered inspection.
E.
Presumption of rent. Any dwelling, 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. This presumption shall
be rebuttable.
[Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]
The Chief Building Inspector of the Town of
Brookhaven or his designated representative is authorized to make
application to the District Court or Supreme Court of Suffolk County,
or any court of competent jurisdiction, for the issuance of a search
warrant in order to conduct an inspection of any premises covered
by this chapter where the owner refuses or fails to allow an inspection
of its rental premises and where there is reasonable cause to believe
that a violation of this chapter has occurred. The application for
a search warrant shall in all respects comply with the applicable
laws of the State of New York.
[Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 8-28-2012 by L.L. No.
20-2012, effective 9-11-2012; 7-2-2013 by L.L. No. 33-2013,
effective 7-15-2013; 10-1-2015 by L.L. No. 19-2015, effective 10-15-2015; 10-29-2015 by L.L. No. 22-2015, effective 11-16-2015]
A.
It shall be unlawful for any rental occupancy to exist in any dwelling
without the owner's first having obtained a rental registration from
the Chief Building Inspector.
[Amended 12-19-2023 by L.L. No. 13-2023, effective 12-29-2023]
(1)
It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter.
(2)
A rental
registration shall not be issued to a transient residential occupancy.
B.
Entities including, but not limited to, limited-liability companies,
corporations, small corporations, partnerships and professional corporations
shall have a valid rental registration in effect at any time the dwelling
is occupied.
C.
Application review; inspection of premises.
(1)
The Chief Building Inspector or his designee shall review each application
for completeness and reject incomplete applications. The Chief Building
Inspector shall create and approve the application requirements in
accordance with this chapter.
(2)
Upon properly filing a complete application with the Building Division,
the Chief Building Inspector shall issue a temporary rental registration
valid for 90 days.
(3)
Inspection report. Within 90 days of receiving a temporary rental
registration, the owner of the rental dwelling unit shall (1) arrange
for an inspection of the unit or units and the premises on which the
same are located by the Chief Building Inspector or his designee employed
by the Town of Brookhaven, or (2) provide to the Chief Building Inspector
an inspection report, designed and approved by the Chief Building
Inspector, signed by either a New York State licensed professional
engineer, New York State licensed architect or home inspector who
has a valid New York State Uniform Fire Prevention Building Code certification
that the structure and the dwelling units contained therein meet all
applicable housing, sanitary, building, electrical and fire codes,
rules and regulations. Upon receipt of the approved inspection report,
the Chief Building Inspector shall issue a rental registration valid
for 15 months from the date of the issuance of the temporary rental
registration.
(4)
No rental registrations may be issued after the expiration date of
the temporary rental registration.
D.
Rental registration requirements.
(1)
Rental registration applications shall be in writing on a form designed
and approved by the Chief Building Inspector and shall include the
owner's name, address and telephone number.
(2)
Rental registrations shall also include the maximum number of persons
that are allowed to occupy the premises pursuant to this chapter.
(3)
Rental registrations shall contain a description of the unit, including
the number of rooms in the rental dwelling unit, and the dimensions
and use of each such room shall be included. The name, address and
telephone number, if any, of the managing agent or operator of each
such intended rental dwelling unit shall be included.
(4)
All applicants must submit a sworn statement that there are no existing
or outstanding violations of any federal, state or county laws or
rules or regulations or of any Town of Brookhaven local laws or ordinances
pertaining to the property.
(5)
All applicants for a rental registration shall sign an affidavit
stating that they have received a copy of and fully understand the
Brookhaven Town Code concerning the restrictions on the number of
unrelated persons occupying said residence.
(6)
All applicants must submit the following documents:
(a)
A property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown
on the survey, a site plan prepared by a licensed surveyor or engineer,
drawn to scale, showing all buildings, structures, walks, drives and
other physical features of the premises and the number, location and
access of existing and proposed on-site vehicle parking facilities;
said survey to be dated not more than one year prior to the date of
the application.
(b)
A building permit application, properly prepared, for all proposed
buildings, improvements and alterations to existing buildings on the
premises, if any.
(c)
Copies of all certificates of occupancy and/or certificates
of existing use for all buildings and structures on the property.
(d)
An affidavit setting forth the address to be used as the last
known address of the owner for service pursuant to all applicable
laws and rules. The owner shall notify the Building Division of any
change of address submitted pursuant to this section within five business
days of any change thereto.
(7)
Each application shall be executed and sworn to by the owner of the
premises.
(8)
Any additional information required by the Chief Building Inspector.
(9)
All rental properties containing eight or more rental units shall
provide for a designated site manager, who shall be available to address
and resolve any issues with the property 24 hours a day. The owner
of the property must file the manager's address, telephone number
and other contact information with the Building Division within five
days of the designation of the manager or any changes thereto.
E.
Notwithstanding the above, no rental occupancy registration shall
be required for a residential care facility licensed under federal,
New York State or Suffolk County guidelines.
F.
Renewal of rental registrations.
(1)
The Chief Building Inspector shall design and approve a renewal rental
registration application form. A renewal rental registration application
signed by the owner shall be completed and filed with the Building
Department on or 90 days prior to the expiration date of any valid
rental registration. A renewal rental registration application shall
contain a copy of the prior rental registration.
(2)
A renewal rental registration application shall contain a signed
sworn statement setting forth the following:
(a)
That there are no existing or outstanding violations of any
federal, state or county laws or rules or regulations or of any Town
of Brookhaven local laws or ordinances pertaining to the property;
and
(b)
That there are no changes to any information as provided on
the prior valid rental registration and application.
(3)
Prior to the issuance of a renewal rental registration, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(3) above.
(4)
The Town of Brookhaven shall not accept, review or approve any renewal
rental applications for dwellings wherein the prior rental registration
expiration date has passed. If the expiration date has passed, the
owner must file a new application.
G.
Registered
motor vehicle restrictions.
(1)
Each
rental dwelling shall be entitled to have one registered motor vehicle
for each legally designated bedroom, as determined by the Chief Building
Inspector, as well as one additional registered motor vehicle located
thereat.
(2)
An
owner seeking to have additional registered motor vehicles located
at said rental property pursuant to this subsection may make an application
to the Board of Zoning Appeals by written request for such relief.
A.
The Chief Building Inspector shall revoke a rental
occupancy permit where he or she finds that the permit holder has
caused, permitted, suffered or allowed to exist and remain upon the
premises for which such permit has been issued, for a period of 14
business days or more after written, return receipt requested notice
and opportunity to be heard has been given to the permit holder, or
the managing agent of such rental dwelling unit, a violation of the
Multiple Residence Law and/or New York State Uniform Fire Prevention
and Building Code or a violation of this chapter or other chapter
of the Town Code. Revocation of a permit under this subsection can
not be done by a devisee or assistant of the Chief Building Inspector.
B.
An appeal from such revocation may be taken by the
permit holder to the Board of Zoning Appeals, by written request,
made within 30 days from the date of such revocation. The Zoning Board
of Appeals shall hold a public hearing on such appeal after receipt
of written request of such appeal, and after such hearing shall make
written findings and conclusions and a decision either sustaining
such permit revocation or reinstating such permit within 30 days after
close of such public hearing. Unless the Town Board directs otherwise
in circumstances constituting serious threats to health and safety,
the filing of an appeal shall stay the effectiveness of a permit revocation
until the Zoning Board of Appeals has considered and ruled upon the
issue.
[Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 12-19-2023 by L.L. No.
13-2023, effective 12-29-2023]
A.
Broker's/agent's responsibility prior to listing. It shall
be unlawful and a violation of this chapter and an offense within
the meaning of the Penal Law of the State of New York for any broker
or agent to list, solicit, advertise, exhibit, show, or otherwise
offer for lease, rent or sale, on behalf of the owner any dwelling
unit for which a current rental permit has not been issued by the
Chief Building Inspector. It shall be the broker's or agent's
duty to verify the existence of a valid rental registration before
acting on behalf of the owner.
B.
It shall be unlawful and a violation of this chapter for a person,
corporation, limited-liability corporation (LLC), company, broker,
agent or other entity to cause an advertisement or solicitation for
a rental dwelling to be listed, placed, posted or submitted for inclusion
on any website, in the mass media, or in printed materials, including
flyers, without such person, broker or agent first verifying the existence
of a valid rental registration.
C.
It shall be unlawful and a violation of this chapter to accept a
deposit of rent or security, or a commission, in connection with the
rental of a rental dwelling unit located within the Town of Brookhaven
where no valid rental registration has been issued as required under
this chapter.
D.
In the event that a person convicted of a violation of this section
shall have been a real estate broker or salesperson licensed by the
State of New York, at the time such violation was committed, the Town
Clerk shall transmit a record of such conviction to the Division of
Licensing Services of the Department of State and make complaint thereto
against such licensee on behalf of the Town of Brookhaven, pursuant
to the provisions of Article 12-A of the Real Property Law.
This chapter shall be enforced by the Code Enforcement
Officer as defined by this chapter.
[Amended 4-16-2009 by L.L. No. 7-2009,
effective 4-27-2009; 4-23-2013 by L.L. No. 19-2013, effective 5-8-2013]
A.
Any person, association, firm or corporation which
violates any provision of this chapter or assists in the violation
of any provision of this chapter shall be guilty of a violation, punishable:
(1)
By a fine not less than $500 and not exceeding $5,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of a first offense.
(2)
By a fine not less than $1,000 nor more than $10,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the second of the two offenses, both of which were committed
within a period of five years.
B.
Each week's continued violation shall constitute a
separate additional violation.
C.
This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)
a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5)
of the Statute of Local Governments, and is intended to supersede
Town Law § 268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
This chapter shall be effective immediately
or upon filing with the Secretary of State, whichever is later. No
violation of this chapter will be charged prior to April 1, 2000.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in said judgment.
