[Added 11-23-1981 by L.L. No. 24-1981]
[1]
Editor';s Note: Former Article IV, Permits for Rental Premises, as
amended, was repealed 6-22-1981 by L.L. No. 14-1981.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or state or existing requirements
of any other provision of local laws or ordinances of the Village or county
or state laws and regulations. In the case of a conflict between this article
and other regulations, that which sets the more stringent requirement win
prevail.
[Amended 7-12-1999 by L.L. No. 7-1999]
A.
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 person to:
(1)
List, solicit, advertise or offer, exhibit or show to
any person a rental dwelling unit located within the Incorporated Village
of Freeport for the purpose of bringing about the rental thereof where no
currently effective permit has been issued in respect of such rental dwelling
unit by the Superintendent of Buildings of such Village, as herein provided.
(2)
Accept a deposit of rent or security, or a commission,
in connection with the rental of a rental dwelling unit located within the
Incorporated Village of Freeport where no currently effective permit has been
issued in respect of such rental dwelling unit, by the Superintendent of Buildings
of such Village, as herein provided.
B.
In the event that a person convicted of a violation of Subsection A of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Superintendent of Buildings to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such license on behalf of the Village, pursuant to the provisions of the Real Estate Property Law.
C.
It shall be unlawful to use, establish, maintain, operate
or let any premises, entirely or partially for residence occupancy, where
any rent is paid or charge is made for such use or occupancy in the Village
of Freeport without first having obtained a permit therefor. Failure or refusal
to procure a permit hereunder shall be deemed a violation.
D.
Application for such permit shall be made, in writing,
to the Superintendent of Buildings on a form provided therefor and shall contain
the name of the applicant, the location of the premises and the number of
dwellings and units and persons to be accommodated.
E.
Each application shall be accompanied by a plot plan
or sketch showing the size and location of the premises, all buildings and
structures and the floor plan, to scale, of each dwelling unit and accommodation.
F.
Each application shall be executed by the owner of the
premises or such person who operates such premises if other than the owner.
G.
The permit shall be valid for a period of two years from
the date of issuance pursuant to the fee schedule.
[Amended 2-26-1990 by L.L. No. 17-1990]
The Board of Trustees by resolution shall adopt and from time to time
may amend a schedule of fees payable by an applicant for a rental permit or
a renewal thereof.
No permit shall be issued under any application unless all provisions
of the local laws and Code of Ordinances of the Village of Freeport, the laws
and sanitary and housing regulations of the County of Nassau and the laws
of the State of New York have been complied with.
A.
Any violation of this article shall be deemed to be a
violation, as defined under the Penal Law of the State of New York, and shall
be punishable by a fine of not more than $1,000 or by imprisonment for not
more than 15 days, or both such fine and imprisonment, said penalties to be
in addition to suspension or revocation of any permit issued under the provisions
of this article.
[Amended 3-23-1992 by L.L. No. 3-1992]
B.
In the event of any failure to comply with this article,
each and every day such violation continues shall constitute a separate offense,
and the penalties prescribed herein shall be applicable to each separate offense,
except that no further penalties shall be imposed for the period during which
any appeal from a conviction of such offense is pending.
C.
An injunction may be obtained by the Superintendent of
Buildings in addition to any other remedy hereunder in the event of any violation
or refusal to comply with the provisions of this article. Failure or refusal
to procure a permit hereunder shall be deemed a violation.
If a term, part, provision, section, subdivision or paragraph of this
article shall be held unconstitutional, invalid or ineffective, in whole or
in part, such determination shall not be deemed to invalidate the remaining
terms, parts, provisions, sections, subdivisions and paragraphs.
The Superintendent of Buildings of the Village of Freeport is authorized
to make or cause to be made inspections determine the condition of the dwellings,
to safeguard the health, safety, morals and welfare of the public. The Superintendent
or his designated representatives, is authorized to enter, upon consent of
the owner, tenant or occupant, 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, tenant or occupant, for the purpose of performing his duties under
this law.
The Superintendent of Buildings of the Village of Freeport or his designated
representative is authorized to make application to the Village Court or District
Court of Nassau County for the issuance of a search warrant in order to conduct
an inspection of any premises covered by this article where the owner, tenant
or occupant refuses or fails to allow an inspection of its rental premises
and where there is reasonable cause to believe that a violation of this law
has occurred. The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York.
[Amended 8-19-1996 by L.L. No. 4-1996]
Nothing in this article except for provisions concerning emergency inspections
shall be deemed to authorize the Superintendent of Buildings or his authorized
representative to conduct an inspection of any premises subject to this article
without consent of the owner, tenant or occupant of the premises or without
a warrant duly issued by an appropriate court.
Any dwelling, dwelling unit, rooming house, rooming unit or any other
premises subject to this article 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.
Whenever the Superintendent of Buildings determines that a dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use as provided in § 128-23, he may include such findings within the notice of violation provided for in § 128-6C of this Code. He may also include a notice of his intent to vacate the dwelling, dwelling unit, rooming house, rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.
No sleeping unit shall be rented or offered for rent in any cellar or
basement.
A.
Owners of premises shall be responsible for compliance
with this article and shall remain responsible therefor regardless of the
fact that this section may also place certain responsibilities on operators
and occupants and regardless of any agreement between owners and operators
as to which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper maintenance,
condition and operation of service facilities and for furnishing a hot-water
supply in multiple dwellings or rented premises.
C.
When a unit is unoccupied, the owner shall also be responsible
for those duties which otherwise would fall on the occupant.
D.
It shall be an affirmative defense to any prosecution
for violation of this section that a landlord's performance of any of
its obligations hereunder was prevented by acts of a tenant, including but
not limited to refusal to permit entry, provided that the landlord establishes
by a reasonable preponderance of the evidence that said landlord made every
reasonable effort to secure the tenant's cooperation and in good faith
satisfy its obligations hereunder.
Occupants of dwelling units shall be responsible for compliance with
this article in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the chapter.
B.
Maintenance of that part of the premises, which he occupies
or controls, in a sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls and providing reasonable
care in the operation, maintenance and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a sanitary manner.
F.
Extermination of insects, rodents and other pests within
his dwelling unit if his unit is the only one infested on the premises.
G.
Hanging, maintaining and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
This article shall take effect immediately upon its enactment.
