[Added 8-6-1996 by L.L. No. 12-1996]
The Town Board has determined that there exist
in the Town of North Hempstead serious conditions arising from rental
of dwelling units that are substandard or in violation of the Town
Code and that tend to overburden municipal services and to promote
or encourage deterioration of the housing stock of the Town. The Board
finds that new Code provisions will serve 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 article.
As used in this article, the following terms
shall have the meanings indicated:
The Commissioner of Buildings or the Commissioner of Public
Safety of the Town of North Hempstead or their delegates or assistants.
[Amended 2-10-1998 by L.L. No. 3-1998]
A structure or building or part thereof or an area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
[Amended 5-18-1999 by L.L. No. 6-1999]
Owner, lessee, agent or other person in control
of a dwelling unit or any other person or persons or entity or entities
having the right to possession of a dwelling unit, except:
[Amended 1-29-2008 by Ord. No. 1-2008]
A Public Housing Authority organized as such
under the laws of the State of New York;
A cooperative corporation whose offering statement
or prospectus has been accepted by the New York State Attorney General
for filing under General Business Law § 352-e; and
A not-for-profit corporation organized to own
and operate a low-income or moderate-income senior-citizen housing
project in conjunction with the New York State Division of Housing
and Community Renewal.
Under this definition, a tenant can be an "owner"
in relation to a subtenant.
A return, in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the 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.
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. There is a
rebuttable presumption that any occupancy or use of a dwelling unit
is a "rental occupancy" if the owner of the building containing the
dwelling unit does not reside in the same building.
A.
Scope. This article shall apply to all rental dwelling
units located within the unincorporated area of the Town, whether
or not the use and occupancy thereof shall be permitted under the
applicable use regulations for the zoning district in which such rental
dwelling unit is located, as in this article provided.[1]
B.
Applicability. The provisions of this article shall
be deemed to supplement applicable state and local laws, ordinances,
codes and regulations; and nothing in this article shall be deemed
to abolish, impair, supersede or replace existing remedies of the
Town, county or state or existing requirements of any other applicable
state or local laws, ordinances, codes or regulations. In case of
conflict between any provision of this article and any applicable
state or local law, ordinance, code or regulation, the more restrictive
or stringent provision or requirement shall prevail. The issuance
of any permit or the filing of any form under this article does not
make legal any action or statement of facts that is otherwise illegal
under any other applicable legislation.
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any person or entity who owns a dwelling unit
in the Town to establish, maintain, use, let, lease, rent or suffer
or permit the occupancy and use thereof as a rental occupancy without
having a valid permit for such rental occupancy, as herein provided.
A.
Application for a rental occupancy permit for a rental
dwelling unit shall be made in writing to the Building Department
on a form provided by the Building Department for that purpose.
B.
Such application shall be filed in duplicate and shall
contain:
(1)
The name, address and telephone number, if any, of
the owner of the dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map description (section,
block and lot or lots) of the premises intended for rental occupancy
or the premises in which the rental dwelling units intended for occupancy
are located.
(3)
The number of persons under and over the age of 18
and the dates of birth of each person presently residing in or occupying
such premises intended for rental occupancy.
[Amended 6-29-2004 by L.L. No. 4-2004]
(4)
A description of the structure, including:
(6)
The name, address and telephone number, if any, of
the managing agent or operator of each such intended rental dwelling
unit.
C.
Such application shall be signed by the owner of the
premises, and the statements of such owner therein contained shall
be verified under oath. If an owner is a natural person permanently
residing outside of Nassau, Suffolk, Queens, Kings, New York, Richmond,
Bronx and Westchester Counties, the application may be signed on behalf
of the owner and may be verified by a managing agent having personal
knowledge of the facts.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to a scale
not greater than 40 feet to one inch; or if not shown on the survey,
a site plan, 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.
(2)
A building permit application, properly prepared,
for all proposed buildings, improvements and alterations to existing
buildings on the premises, if any.
(3)
A copy of the certificate of occupancy or certificate
of existing use. No application will be accepted without the submission
of a valid certificate of occupancy or certificate of existing use.
[Amended 6-3-2003 by L.L. No. 6-2003]
E.
In the case of a condominium unit, the application
shall be accompanied by a scale drawing or floor plan of the condominium
unit, in lieu of a survey or site plan.
A.
Permit application fee. A nonrefundable permit application
fee shall be paid, upon filing an application for a rental occupancy
permit, in accordance with the Town of North Hempstead Fee Schedule.
[Amended 4-11-2006 by L.L. No. 5-2006]
B.
For a rental occupancy permit application submitted
by a person 62 years of age or over, in connection with a single rental
dwelling unit contained in the primary residence of the applicant,
the permit application fee shall be the amount indicated in the Town
of North Hempstead Fee Schedule. This provision shall not apply to
applications for more than one rental dwelling unit in the same structure,
nor shall it apply to applications for rental dwelling units located
in structures other than the primary residence of the applicant.
[Amended 4-11-2006 by L.L. No. 5-2006]
C.
The fee for a multiple-residence inspection under
§ 2-28C(10) shall be waived for any applicant who pays the
fee for a rental occupancy permit under this article, because the
inspection provided under this article will also serve as a multiple-residence
inspection.
D.
The fees required by this section 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.
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable state and local laws, ordinances, rules and regulations of the county and Town and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure as defined in Chapter 2A of the Town Code or create a nuisance to adjoining nearby property, the Code Enforcement Officer shall issue the permit or permits.
All permits issued pursuant to this article
shall be valid for a period of two years from date of issuance.
It shall be the duty of the Code Enforcement
Officer to maintain a register of permits issued pursuant to this
article. Such register shall be kept by street address, showing the
name and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date of expiration of permit for such unit.
[Amended 6-3-2003 by L.L. No. 6-2003]
No permit shall be issued or renewed until the
Code Enforcement Officer shall inspect the rental dwelling unit to
determine that it is equipped with a functioning smoke detector device
and carbon monoxide alarm, in compliance with New York State Uniform
Fire Prevention and Building Code.
The Code Enforcement Officer is authorized to
make or cause to be made inspections to determine the condition of
rental dwelling units. The Code Enforcement Officer is authorized
to enter, upon consent of the owner if the unit is unoccupied or upon
consent of the occupant if the unit is occupied, any rental dwelling
unit and the premises in which the same is located, at the reasonable
time or at such other time as may be necessary in an emergency for
the purpose of performing duties under this article.
The Code Enforcement Officer is authorized to
make application to the District Court of Nassau County or other court
of competent jurisdiction for the issuance of a search warrant, to
be executed by a police officer, in order to conduct an inspection
of any premises covered by this article where the owner or occupant
refuses or fails, after due notice by certified mail, to allow an
inspection of the rental dwelling unit or premises and where there
is reasonable cause to believe that a violation of this article or
a violation of the Multiple Residence Law, the New York State Uniform
Fire Prevention and Building Code, the Nassau County Fire Prevention
Ordinance or the Town Code has occurred. The application for a search
warrant shall, in all respects, comply with applicable laws of the
State of New York.
A.
The Code Enforcement Officer 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 10
days or more after written notice has been given to the permit holder
or the managing agent of such rental dwelling unit, a violation of
the Multiple Residence Law, New York State Uniform Fire Prevention
and Building Code, the Nassau County Fire Prevention Ordinance or
a violation of this article or other chapter of the Town Code. Revocation
of a permit under this subsection cannot be done by a delegate or
assistant of the Code Enforcement Officer.
B.
An appeal from such revocation may be taken by the
permit holder to the Town Board, by written request, made within 30
days from the date of such revocation. The Town Board shall hold a
public hearing on such appeal within 30 days after receipt of written
notice of such appeal and, after such hearing, shall make written
findings, a conclusion 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
Town Board has considered and ruled upon the issue.
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any owner to permit any tenant or other person
to take up residence by a rental occupancy in any dwelling unit without
the owner's first having completed and filed with the Code Enforcement
Officer a rental registration form approved by the Commissioner of
Buildings. A new form must be filed whenever a dwelling unit or portion
thereof has become vacant and the owner intends to permit a new tenant
or other person to take up residence.
Under Public Officers Law § 872(b), rental registration forms and that portion of the rental occupancy permit application required under § 2-104B(3) shall be exempt from disclosure under the Freedom of Information Law,[1] on the grounds that such disclosure would constitute an
unwarranted invasion of personal privacy. The Code Enforcement Officer
will institute strict policies to ensure that such information is
available only to Town personnel who are engaged in the enforcement
of the provisions of this article.
[1]
Editor's Note: See Art. 6 of the Public Officers
Law.
The following shall be conditions precedent
to the collection of rent for the use and occupancy of any dwelling
unit:
[Amended 6-19-2012 by L.L. No. 10-2012]
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any broker or agent to list, show or otherwise
offer for lease or rent on behalf of the owner any dwelling unit for
which a current rental occupancy permit has not been issued by the
Code Enforcement Officer. It shall be the broker or agent's duty to
verify the existence of a valid permit before acting on behalf of
the owner.
Any broker or agent who has earned a commission
or other compensation for renting or leasing a dwelling unit must,
within five business days of earning said commission or other compensation,
file with the Code Enforcement Officer a rental registration form,
unless the owner has already filed such a form in the meantime. Failure
to file shall be unlawful and a violation of this article and an offense
within the meaning of the Penal Law of the State of New York.
No owner, broker or agent shall publish a written
offer or solicitation of offers to rent or lease a rental dwelling
unit, unless that offer or solicitation refers by number to a valid
rental occupancy permit for the rental dwelling unit in question.
For purposes of this section, "publish" means to promulgate to the
general public or to selected segments of the general public, in a
newspaper, magazine, flyer, handbill, mailed circular, bulletin board,
sign or electronic media. Violation of this section shall be unlawful
and an offense within the meaning of the Penal Law of the State of
New York.
[Added 5-2-2006 by L.L. No. 7-2006[1]]
A.
Within the context of rental registration enforcement
and prosecutions, the presence or existence of any of the following
shall create a rebuttable presumption that a premises is being used
as a rental occupancy:
(1)
The property is occupied by someone other than the
owner, and the owner of the property represents in writing or otherwise,
to any person or establishment, business, institution or government
agency, that he resides at an address other than the rental property;
(2)
Utilities, cable, phone or other services are in place
or requested to be installed or used at the premises in the name of
someone other than the record owner;
(3)
There are separate entrances for segregated parts
of the dwelling;
(4)
There are partitions or internal doors which may serve
to bar access between segregated portions of the dwelling, including
but not limited to bedrooms;
(5)
There exists a separate written or oral lease or rental
arrangement, payment or agreement for portions of the dwelling among
its owner(s) and/or occupants and/or persons in possession thereof;
(6)
Any occupant or person in possession thereof does
not have unimpeded and/or lawful access to all parts of the dwelling
unit;
(7)
Two or more kitchens each containing one or more of
the following: a range, oven, hot plate, microwave or other similar
device customarily used for cooking or preparation of food and/or
a refrigerator;
(8)
A premises has been advertised in any newspaper, magazine,
local advertising publication, or posted or billed as being available
for rent.
B.
Within the context of rental registration enforcement
and prosecutions, the presence or existence of any two of the following
shall create a rebuttable presumption that a premises is being used
as a rental occupancy:
(1)
There is more than one mailbox at the premises;
(2)
There is more than one gas meter at the premises;
(3)
There is more than one electric meter at the premises;
(4)
There is more than one doorbell at the premises;
(5)
There are three or more motor vehicles registered
to the dwelling and each vehicle owner has a different surname;
(6)
There are more than three waste receptacles, cans,
containers, bags, or boxes containing waste from the premises placed
for pickup at least twice during a weekly garbage pickup period; or
(7)
There is no electric meter annexed to the exterior
of the premises.
D.
Nothing herein shall be construed to prevent persons
living together as a family unit, with the owner, as defined by this
Code.
[1]
Editor's Note: This local law also renumbered
former §§ 2-119 through 2-121 as 2-120 through 2-122,
respectively.
[Amended 6-3-2003 by L.L. No. 6-2003; 5-2-2006 by L.L. No.
7-2006]
A.
Any person, association, firm or corporation which
violates any provision of this article or assists in the violation
of any provision of this article shall be guilty of a violation, punishable:
(1)
By a fine of not less than $1,000 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 of not less than $5,000 nor more than $10,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the second offense.
(3)
By a fine of not less than $10,000 nor more than $20,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the third or subsequent offense of a series of offenses,
all of which were committed within a period of five years.
B.
Each week's continued violation shall constitute a
separate additional violation.
If any clause, sentence, paragraph, section
or part of this article 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.
A.
For rental dwelling units in structures containing
four or fewer rental dwelling units, this article shall be effective
on January 1, 1997, or upon filing with the Secretary of State, whichever
is later. No violation of this article will be charged prior to March
31, 1997, and no violation of this article regarding failure to obtain
a permit will be charged against a person or entity which:
(1)
Has filed the necessary application in proper form
and in good faith, with all required information and attachments,
on or before March 31, 1997;
(2)
Has consented to an inspection of the premises in
question; and
(3)
Has not received a final determination on the application,
for reasons over which the applicant has no control.
B.
For rental dwelling units in structures containing
more than four rental dwelling units, this article shall be effective
on January 1, 1998. For such structures, no violation of this article
will be charged prior to March 31, 1998, and no violation of this
article regarding failure to obtain a permit will be charged against
a person or entity which:
(1)
Has filed the necessary application in proper form
and in good faith, with all required information and attachments,
on or before March 31, 1998;
(2)
Has consented to an inspection of the premises in
question; and
(3)
Has not received a final determination on the application,
for reasons over which the applicant has no control.
