11/11/2014
Here's the draft of the Rental Registry law that the Town Board will be taking public comment on tomorrow, Wednesday the 12th at the Montauk Firehouse at 10 am. If you rent your house at all you should attend and let your opinion be heard.
CHAPTER 199 RENTAL PROPERTIES
§199-1-1. Definitions.
All terms used in this Chapter shall have the meanings set forth below regardless of any inconsistent provisions elsewhere in the Town Code. Any terms not specifically defined herein shall have the same meaning as set forth in Chapter 255 (Zoning) or if not so defined therein, shall be defined by common usage.
DWELLING UNIT
A building or part of a building where the unit consists of one or more rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family living independently of other individual households or families.
FAMILY
One of the following:
A. One, two or three persons occupying a dwelling unit; or
B. Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
(1) Evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal custody shall create a rebuttable presumption that such persons do not constitute the functional equivalent of a traditional family.
(2) The foregoing presumption may be rebutted by submitting evidence to the Chief Building Inspector that all of the following are present:
(a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
(b) The occupants share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which various occupants act as separate roomers is not deemed to be occupied by the functional equivalent of a traditional family;
(c) The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
(d) The group is permanent and stable. Evidence for such permanency and stability may include:
[1] The presence of minor dependent children regularly residing in the household who are enrolled in local
[2] Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
[3] Members of the household are employed in the area;
[4] The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
[5] There is common ownership of furniture and appliances among the members of the household; and
[6] The group is not transient or temporary in nature.
(e) Any other factor reasonably related to whether the group is the functional equivalent of a family.
(3) An appeal from the Chief Building Inspector's determination may be taken to the Zoning Board of Appeals, by written request, within 30 days of such determination. The Zoning Board of Appeals 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 and a decision either sustaining or reversing such determination within 30 days after close of such public hearing.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents or grandchildren.
MANAGING AGENT
Any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity responsible for the maintenance or operation of any rental property as defined within this chapter.
OWNER
Any person, individual, association, entity or corporation whose name is listed as grantee on the last deed of record for the property, as recorded with the Suffolk County Clerk.
PERSON
Includes any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity.
PUBLISH
Promulgation of an available rental property to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign, website, or electronic media.
RENT
A return, in money, property or other valuable consideration (including payout in kind or services or other thing of value), for the use and occupancy or the right to the use and occupancy of a rental property, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation. . The term rental property shall include single-family houses, two-family houses, Residential Condominiums, Residential Cooperatives, and Apartments (other than those regulated under Section 255-11-63 “Affordable accessory apartments) but shall not include:
1.) legally existing hotels, motels, bed and breakfasts providing short term transient accommodations
2.) any housing owned or managed by the East Hampton Town Housing Authority.
TENANT
An individual who leases, uses or occupies a rental property.
TRANSIENT
A rental period of 14 days or less.
§199-1-2. Registration required.
A. Registration Required. It shall be unlawful and a violation of this chapter for any person or entity owning a rental property within the Town to rent, lease or permit the occupancy of such rental property by other than the Owner or owner’s immediate family, without first registering said property by the filing of a Rental Property Registration Form.
B. Rental Registration Number Required. It shall be unlawful and a violation of this chapter for any person or entity owning a rental property within the Town to rent, lease or permit the occupancy of such rental property by other than the Owner or owner’s immediate family, without first obtaining a Rental Registry Number from the Building Department for the specific premises used as a rental property.
B. Rental Property Registration Form. Rental Property Registration Forms shall be made in writing by the property owner to the Building Department on a form provided therefore. To the extent the Town may make on-line registration available, applicants may utilize such system. Such application shall, at a minimum, set forth:
1. The names, physical addresses, mailing addresses and telephone numbers of the property owner(s);
2. The name, physical address, mailing address and telephone numbers of an agent designated by the owner to act in her stead, if any;
3. The street address and Suffolk County tax map designation of the rental property;
4. The number of rooms and the number of bedrooms in the rental property;
5. Either an affidavit from the property owner or written certification from a licensed architect or licensed engineer stating the property fully complies with the provisions of the Code of the Town of East Hampton. In lieu of the Affidavit or Certification, an inspection may be conducted by the Chief Building Inspector or his designee.
6. An affidavit of the property owner attesting to:
a) the total number of persons to occupy the rental property
b) the number of bedrooms and square footage of each bedroom;
c) the proposed rental period
d) that there is a valid certificate of occupancy or Letter of Compliance for the property
e) an acknowledgement of responsibility for refuse removal in a timely and efficient manner or a copy of a contract with or letter from a carter providing for weekly pickup, at a minimum, of refuse for the entire term that the rental has been made.
7. Such other information and/or documentation as deemed reasonably necessary by the Building Inspector.
C. Rental Registration Number. Upon filing of a Rental Property Registration Form and it being deemed complete by the Chief Building Inspector, or his designee, and the filing of the Registration Fee, each rental property will be assigned a unique Rental Registration Number for the rental property.
D. Change in conditions. In the event that any information required on the Rental Property Registration Form should change during the effective period of the Rental Registration, including, but not limited to the rental period, the number of tenants, the number of bedrooms, the property owner shall immediately notify the Town by delivering a sworn or affirmed written notice of such change, along with any requisite fees for such Rental Property Registry update, to the Building Department who shall include such notice in the records for the rental registry.
E. Change in ownership. A change in ownership of the rental property shall void the Rental Registration Number. A new owner will be required to file a new Rental Property Registration Form and provide a new registration fee. Upon the Building Inspector finding the form complete and receiving the registration fee, the Building Inspector shall assign a new Rental Registration Number.
F. Registration and Update Fees. All fees are non-refundable and the registration fee and registry update fee shall be in an amounts established by the Town Board by Resolution and amended from time to time as the Board may deem appropriate. All fees shall be paid upon the filing of a Rental Property Registration Form or Rental Property Registry update.
G. Presumption of rent. Any single family residence, or any other premises subject to the provisions of this Chapter shall be presumed to be rental property if such premises are not occupied by the legal owner thereof. This presumption shall be rebuttable.
H. Advertisements. Any advertisement for the rental of any rental property requiring a rental registration shall contain the Rental Property Registration Number.
I. Maintenance of Registry. It shall be the duty of the Chief Building Inspector to maintain the Rental Property Registry pursuant to this section. Such register shall be kept by tax map number, Rental Property Registration Number, street address showing the name and address of the owner, the number of conventional bedrooms in the single family residence at such street address, the number of persons allowed to occupy that residence pursuant to the provisions of §255-11-67(A)(9) of the Town Code.
§ 199-1-4. Collection of rent.
The following shall be conditions precedent to the collection of rent for the use and occupancy of a rental property:
A. The existence of a valid rental property registration number for the rental property.
B. The tendering of a written receipt in exchange for any rent payment offered in cash.
§ 199-1-5. Presumptive evidence dwelling unit is being used as rental property.
A. The presence or existence of any of the following shall create a presumption that a dwelling unit is being used as a rental property:
(1) The property is occupied by someone other than the owner or his/her immediate family;
(2) Voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity which states that the owner of the rental property resides at an address other than the rental property
(3) 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;
(4) Persons residing in the dwelling unit represent that they pay rent to occupy the premises;
(5) A dwelling unit which has been published as being available for rent;
B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
§ 199-1-6. Presumptive evidence of multifamily occupancy.
A. It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if any two or more of the following features are found to exist on the premises:
(1) More than one mailbox, mail slot or post office address;
(2)More than one gas meter;
(3)More than one electric meter annexed to the exterior of the premises;
(4) More than one doorbell or doorway on the same side of the dwelling unit;
(5)More than one connecting line for cable television service;
(6) More than one antenna, satellite dish, or related receiving equipment;
(7) There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname;
(8) 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 area;
(9) There are separate entrances for segregated parts of the dwelling;
(10) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;
(11) There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among the owner and/or occupants and/or persons in possession thereof;
(12) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
(13) Two or more kitchens, each containing one or more of the following: a range, oven, hotplate, microwave or other similar device
customarily used for cooking or preparation of food and/or a refrigerator;
(14) There are bedrooms that are separately locked.
B. If any two or more of the features set forth in Subsection A(1) through (14) directly above, are found to exist on the premises by the enforcement authority or Town personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the enforcement authority that the dwelling unit is in compliance with all of the provisions of the Code of the Town of East Hampton, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the enforcement authority within 10 days of such request, such shall be deemed a violation of this chapter.
§ 199-1-7. Presumptive evidence of owner's residence.
A. It shall be presumed that an owner of a rental property does not reside within said rental property if any of the following sets forth an address other than that of the rental property:
(1) Voter registration;
(2) Motor vehicle registration;
(3) Driver's license; or
(4) Any other document filed with a public or private entity.
B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
§ 199-1-8. Presumptive evidence of over-occupancy.
A. It shall be presumed that a bedroom is over-occupied if more than two mattresses exist in a bedroom.
B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
§ 199-1-9. General applicability of presumptions.
The presumptions set forth in §§ 199-1-5, 199-1-6 and 199-1-7, subject to the limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Town Code violations.
§199-1-10. Penalties for offenses.
A. A violation of this chapter by the owner(s) and/or tenant(s) shall be punishable as follows:
(1) A violation of §199-1-2(B) is hereby declared to be an offense punishable by a fine not less than $150 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense;
(2) A violation of any other section of this chapter is declared to be an offense punishable by a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both, for a conviction of a first offense.
(4) A second or subsequent violation of any section of this chapter within an eighteen-month period is hereby declared to be an offense punishable by a fine not less than $8,000 nor more than $30,000 or imprisonment not to exceed a period of six months, or both.
(5) For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter, other than §199-1-2(B), shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.
B. Additionally, in lieu of imposing the fines authorized in § 199-1-10(A), in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 199-1-10(A) nor more than double the amount of the rent collected over the term of the occupancy.
C. The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant had cooperated with the Town of East Hampton in the investigation and prosecution of a violation of this chapter. Factors which the court may consider include, but are not limited to, a report from the office of the Town Attorney confirming that the defendant did in fact cooperate and whether:
(1) The defendant reported the violation(s) to the Town of East Hampton;
(2) The defendant assisted the Town of East Hampton in investigating and prosecuting the violation(s);
(3) The defendant provided access to the rental property;
(4) The defendant promptly pursued his/her/its own rights under the lease to remedy the violation or adequately pursued an eviction proceeding;
(5) All violations existing at the rental property have been promptly remediated.
D. Where authorized by a duly adopted resolution of the Town Board, the Town Attorney may bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to temporarily, preliminarily and permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action.
(1) If a finding is made by a court of competent jurisdiction that the defendants, or any of them has caused, permitted, or allowed a violation of this chapter, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $1,000 for each day it is found that the defendants or any one of them individually caused, permitted or allowed the violation.
