[Added 11-20-2006 by L.L. No. 6-2006]
For purposes of this article, "real estate broker," "real estate agent"
and/or "real estate salesperson" is defined under Section 440, Article 12,
entitled Real Estate Brokers and Real Estate Salesmen, of the Real Property
Law of the State of New York.
No person acting as a real estate broker, real estate agent and/or real
estate salesperson, whether or not licensed by the State of New York, shall
knowingly facilitate the use or occupancy of a detached dwelling or a two-family
attached residence building in a manner which violates the use or occupancy
of such dwelling or building which is permitted by the certificate of occupancy
or certificate of existing use issued by the Superintendent of Buildings or
his duly authorized representative for it or in a manner which violates the
permitted use or occupancy of such dwelling or building under the Freeport
Village Code. A person shall be deemed to facilitate a use or occupancy by,
among other things, advertising or listing a dwelling or building, showing
a dwelling or building to a prospective user or occupant or otherwise soliciting
or encouraging another person to use or occupy a dwelling or building. Upon
conviction of a licensed broker, agent or salesperson for a violation of this
section, in addition to the penalties provided for in this article, the Clerk
of the Freeport Village Court shall forward a record of such conviction to
the New York Department of State's licensing bureau.
Any person, corporation, company, partnership, firm or other legal entity
violating any provisions of this article shall commit an offense, the fine
for which shall not exceed $1,000 for each offense or 15 days in lieu in Nassau
County Correctional Center, or both said fine and/or imprisonment.
Unless otherwise provided, the provisions of this article shall be administered
and enforced by the Superintendent of Buildings or his duly authorized representative
and/or the Freeport Police Department.
Whenever any provision of this article is in conflict with any other
provision of this article or any other statute or local law applicable or
covering the same subject matter, the most restrictive provision or the one
imposing the highest standard shall govern and be supreme.
The provisions of this article shall be effective upon filing with the
office of the Secretary of State.
