CHAPTER 56

LICENSING OF RENTAL DWELLING UNITS IN MIXED OCCUPANCY

BUILDINGS AND MULTIPLE DWELLINGS

ARTICLE I

GENERAL PROVISIONS

§ 56.1 Title

This Chapter shall be known and may be cited as the “Licensing of Rental Dwelling Units Law of the Incorporated Village of Mineola, New York”.

§ 56.2 Legislative Intent

The Board of Trustees has determined that there exist within the Village of Mineola serious conditions which have arisen from the rental of dwelling units that are substandard or violative of the codes and ordinances of the Village, are inadequate in size, and are overcrowded and dangerous. Such dwelling units pose hazards to the lives, limbs and property of residents of the Village and to others. Such dwelling units also tent to promote or encourage deterioration of the housing stock of the Village, create blight, excessive vehicle traffic and parking problems, and overburden municipal services. The purpose of this Chapter is to halt the proliferation of such conditions, and to enhance the public health, safety, welfare and the good order and governance of the Village. These regulations are intended to be remedial in nature and effect.

§ 56.3 Applicability: More Restrictive Provisions to Prevail

A. SCOPE: This Chapter shall apply to all rental dwelling units in mixed occupancy buildings and multiple dwellings, 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. The provisions of this Chapter shall not apply to plans approved for filing by the Attorney General of condominium complexes and cooperative apartment complexes. Any 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.

B. APPLICABILITY: The provisions of this Chapter shall be deemed to supplement applicable state and local laws, ordinances,

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codes or regulations, and nothing in this Chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, 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 laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this Chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation.

§ 56.4 Definitions

As used in this Chapter, the following terms shall have the meanings indicated:

A. CODE ENFORCEMENT OFFICER – Superintendent of Buildings, Senior Building Inspector, or Building Inspector of the Village of Mineola, or the delegates and assistants of such superintendent or inspector.

B. DWELLING UNIT – a structure or building, or part thereof, or an area, room or rooms therein, occupied or to be occupied by one (1) or more persons as a home or residence located within the Village’s business district.

C. MIXED OCCUPANCY BUILDING – shall mean a building occupied in part for residential use and in part for some other nonaccessory use. See “multiple dwelling”.

D. MULTIPLE DWELLING – shall mean any of the following:

1. A building designed or occupied for residential purposes by more than two (2) families; or

2. A series of attached, detached, or semi-detached buildings which are provided as a group collectively with essential services and utilities, and which are located on a lot, plot, or parcel of land, under common ownership; or

3. The residential part of a mixed occupancy building.

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E. OWNER –

1. Owner or any other person or persons or entity or entities having the right to possession of a dwelling unit, except:

(a) a Public Housing Authority organized as such under the laws of the State of New York; and,

(b) a cooperative apartment corporation whose offering statement or prospectus has been accepted for filing by the New York State Attorney General under General Business Law § 352-e.

2. A tenant will be considered to be an “owner” in relation to a subtenant.

F. RENT – 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 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.

G. RENTAL DWELLING UNIT – A dwelling unit established, occupied, used or maintained for rental occupancy.

H. RENTAL OCCUPANCY – The occupancy or use of a dwelling unit by one (1) 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.

ARTICLE II

RENTAL OCCUPANCY PERMIT

§ 56.5 Rental Occupancy Permit Required

It shall be unlawful and a violation of this Chapter for any person or entity who owns a dwelling unit in a mixed occupancy building and in a multiple dwelling to establish, maintain, use, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without having first obtained a valid permit

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§ 56.5 MUNICIPAL CODE

for such rental occupancy from the Building Department of the Village as herein provided.

§ 56.6 Application for Rental Occupancy Permit

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 people presently residing in or occupying such premises intended for rental occupancy.

4. A description of the structure, including:

(a) The number of rental dwelling units in the structure;

(b) The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit; and,

(c) The number of rooms and the dimensions and use of each room in the structure but outside of the rental dwelling units.

5. For each rental dwelling unit, a description of the unit, including:

(a) The number of rooms in the rental dwelling unit; and,

(b) The dimensions and use of each such room.

6. The name, address and telephone number, if any, of the

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BUILDINGS AND MULTIPLE DWELLINGS § 56.7

managing agent or operator of each such intended rental dwelling unit.

7. The name and address of the insurance company, if any, providing the fire and other hazard and liability insurance for the owners of the premises, with a description of the type of insurance provided, policy limits for each coverage and the policy number and expiration date of such policy.

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 managing agent having personal knowledge of the facts. An application executed on behalf of an owner by a managing agent having personal knowledge of the facts shall be verified under oath.

D. Such application shall be accompanied boy the following:

1. A property survey of the premises drawn to a scale not greater than forty (40) feet to one (1) inch.

2. 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.

3. A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any.

4. A copy of the certificate of occupancy, certificate of completion, and/or certificate of existing use, if any.

E. Notwithstanding the above, no Rental Occupancy Permit shall be required for a residential care facility established under New York State guidelines.

§ 56.7 Fees

A. Permit application fee.

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A non-refundable permit application fee shall be paid upon filing

an application for a Rental Occupancy Permit in accordance with the following schedule of rental dwelling units per structure:

1. One (1) dwelling unit: one hundred fifty dollars ($150.00).

2. Two (2) dwelling units: three hundred dollars ($300.00).

3. Three (3) dwelling units: five hundred fifty dollars ($550.00).

4. Four (4) dwelling units: seven hundred dollars ($700.00).

5. More than four (4) dwelling units: seven hundred dollars ($700.00), plus one hundred dollars ($100.00) for each unit in excess of four (4).

These fees may be changed from time to time by Resolution of the Board of Trustees.

B. The fee 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 regulations.

§ 56.8 Review of Application

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, town and Village, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure, or create a nuisance to adjoining nearby property, the Code Enforcement Officer shall issue the permit or permits.

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§ 56.9 Term of Permits

All permits issued pursuant to this Chapter shall be valid for a period of two (2) years from the date of issuance and may be renewed for additional two year periods thereafter. The renewal application shall contain substantially the same information required by § 56.6 of this Chapter upon forms to be furnished by the Building Department. Approval of renewal applications shall be based upon compliance with the requirements of § 56.8 hereunder. The fees to be paid in connection with a renewal permit shall be the same as those fees set forth in § 56.7 of this Chapter.

§ 56.10 Register of Permits

It shall be the duty of the Code Enforcement Officer to maintain a register of permits issued pursuant to this Chapter. 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.

§ 56.11 Additional Criteria for Granting of Permits

A. Smoke detectors/Carbon monoxide alarm.

No permit shall be issued 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 the New York State Uniform Fire Prevention and Building Code and the Residential Code of New York State.

B. On-site parking.

The premises shall provide the minimum on-site parking spaces as required by the Village Code.

C. No rental permit shall be issued for a rental dwelling unit consisting of one (1) room only unless such room shall provide a minimum clear floor area of one hundred (100) square feet.

§ 56.12 Inspections

The Code Enforcement Officer is authorized to make or cause to be

made inspections to determine the condition of rental dwelling

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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 a reasonable time or at such other time as may be necessary in an emergency for the purpose of performing duties under this Chapter.

§ 56.13 Application for Search Warrant Authorized

The Code Enforcement Officer is authorized to make application to any 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 Chapter where the owner or occupant refuses or fails to allow an inspection of the rental dwelling unit or premises and where there is reasonable cause to believe that a violation of this Chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, Residential Code of New York State, the Nassau County Fire Prevention Ordinance, the Town of North Hempstead Code or the Village Code has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.

ARTICLE III

REVOCATION AND APPEAL

§ 56.14 Revocation of Permit

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 ten (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, Residential Code of New York State, the Nassau County Fire Prevention Ordinance, the Town of North Hempstead Code or a violation of this Chapter or other chapter of the Village 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

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BUILDINGS AND MULTIPLE DWELLINGS § 56.16

holder to the Village Board of Trustees, by written request, made within thirty (30) days from the date of such revocation. The

Village Board of Trustees shall hold a public hearing on such appeal within thirty (30) days after receipt of written notice of such appeal and, after such hearing, shall make written findings, and a conclusion and a decision either sustaining such permit revocation or reinstating such permit within thirty (30) days after the close of such public hearing. Unless the Village Board of Trustees 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 Village Board of Trustees has considered and ruled upon the issue.

ARTICLE IV

RENTAL REGISTRATION

§ 56.15 Rental Registration Required

It shall be unlawful and a violation of this Chapter 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 first having completed and filed with the Code Enforcement Officer a Rental Registration Form approved by the Superintendent 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. A new form must also be filed whenever a transfer in ownership of a building that contains rental dwelling units occurs.

ARTICLE V

RENT COLLECTION

§ 56.16 Collection of Rent

The following shall be conditions precedent to the collection of rent for the use and occupancy of any dwelling unit:

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A. The issuance of a Rental Occupancy Permit for the premises as required by § 56.5;

B. The filing of a valid Rental Registration Form for the tenancy as required by § 56.16; and,

C. The tendering of a written receipt in exchange for any rent payment offered in cash.

ARTICLE VI

PENALTIES

56.17 Penalties for Offenses

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 of this Chapter only and shall be punishable as follows:

1. By a fine or not more than two thousand dollars ($2,000.00) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense.

2. By a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a second offense, provided the first and second offenses were committed within a period of five (5) years of each other.

3. By a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment, for a period not to exceed fifteen (15) days, or both, for conviction of the third or subsequent offense or a series of offenses, all of which were committed within a period of five (5) years.

B. Each week’s continued violation shall constitute a separate additional violation of this Chapter.

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ARTICLE VII

SEVERABILITY

§ 56.18 Severability

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.

ARTICLE VIII

IMPLEMENTATION

§ 56.19 Implementation

This Chapter shall be effective upon filing with the Secretary of State. No violation of this Chapter will be charged prior to March 31, 2004 and no violation of this Chapter, 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, 2004;

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.

HISTORICAL NOTE

This Chapter was enacted by the Board of Trustees of the Village of Mineola as Local Law #3 of the year 2003 on December 10, 2003.

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