LANDLORD REGISTRY LOCAL LAW

RTBM 9/27/16

RESOLUTION NO. 470 RESCIND RESOLUTION NO. 453/2016 AND SET NEW PUBLIC HEARING DATE PROPOSED LOCAL LAW/AMENDING CHAPTER 43, ADDING ARTICLE XV, TO THE TOWN CODE ESTABLISHMENT OF A LANDLORD REGISTRY

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, that upon the request of Councilman Diviny, and with the approval of the Town Board, rescind Town Board Resolution #453 of September 13, 2016, and set new date for a public hearing on October 18th, 2016 at 8:10 p.m., for a proposed local law amending Chapter 43, adding Article XV, to the Code of the Town of Orangetown regarding the establishment of a Landlord Registry.

Ayes: Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes: None

RTBM 10/18/16

RESOLUTION NO. 503 OPEN PH/PROPOSED LOCAL LAW AMENDING CHAPTER 43/ZONING ESTABLISH A LANDLORD RENTAL REGISTRY

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, the public hearing on a proposed local law, amending Chapter 43 of the Town Code (“Zoning”) to add a new Article XV, establishing a Landlord Registry applicable to rental properties within the Town is hereby opened.

Ayes: Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes: None

Summary of Public Comments:

Chris Dunnigan, Pearl River, is in-favor of this local law. A registry will help identify bad landlords and LLCs. Fines should be heavy for any violations.

Chris Day, Palisades, said this local law is a great concept and a step in the right direction. When the landlord is an LLC, we need to find out an individual’s contact information.

A lengthy discussion took place within the Town Board regarding the definition of owner-occupied and rental property, the filing fee amount, and other items. The proposed local law wording will be revised and the public hearing will continue on November 1, 2016, 8:10 pm.

RESOLUTION NO. 504 CONTINUE PH/PROPOSED LOCAL LAW/AMENDING CHAPTER 43, ZONING/ESTABLISH A LANDLORD RENTAL REGISTRY

Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:

Ayes: Supervisor Stewart

Councilpersons Bottari, Troy, Diviny, Valentine

Noes: None

RTBM 11/1/16

RESOLUTION NO. 525 CONTINUE PH/PROPOSED LOCAL AMENDING CHAPTER 43 OF THE TOWN CODE (“ZONING”)/ ESTABLISH A LANDLORD RENTAL REGISTRY

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, the public hearing, from September 27, 2016, on a proposed local law, amending Chapter 43 of the Town Code (“Zoning”) to add a new Article XV, establishing a Landlord Registry applicable to rental properties within the Town is hereby continued.

Ayes: Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes: None

Summary of Public Comments:

Tanya Witek, Tappan, is in-favor of a Landlord Rental Registry.

RESOLUTION NO. 526 CLOSE PH/PROPOSED LOCAL LAW AMENDING CHAPTER 43 OF THE TOWN CODE (“ZONING”)/ ESTABLISH A LANDLORD RENTAL REGISTRY

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:

Ayes: Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Stewart

Noes: None

RESOLUTION NO. 527 LEAD AGENCY/SEQRA/ PROPOSED LOCAL LAW / AMENDING CHAPTER 43 (“ZONING”) OF THE TOWN CODE LANDLORD RENTAL REGISTRY

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to a proposed Local Law, amending Chapter 43 of the Town Code (“Zoning”) to add a new Article XV, establishing a Landlord Registry applicable to rental properties within the Town, and further determines, upon a review thereof, including the Short EAF filed in connection therewith, and a consideration of the various environmental issues identified thereon, that such action will not have a significant adverse environmental impact, and, therefore, issues a Negative Declaration with respect thereto under the State Environmental Quality Review Act.

Ayes: Supervisor Stewart

Councilpersons Diviny, Troy, Bottari, Valentine

Noes: None

RESOLUTION NO. 528 ADOPT LOCAL LAW NO. 11, 2016 AMENDING CHAPTER 43 OF THE TOWN CODE (“ZONING”) TO ESTABLISH A LANDLORD RENTAL REGISTRY

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

WHEREAS, the Town Board, in furtherance of its desire to provide for the protection and promotion of the public health, safety, morals, comfort, convenience, prosperity and other aspects of the general welfare of the Town has adopted, implemented, amended and provided for the enforcement of the Zoning Code of the Town of Orangetown; and,

WHEREAS, the Town Board, on review of the Town Zoning Code, insofar as it relates to real property situated within the Town recognizes the need to establish a registry for all rental properties in order to allow its police, building and code enforcement personnel to identify and contact, as necessary, the persons responsible for the care, maintenance and management of such rental properties to better enforce the various local, state and federal safety regulations, including property maintenance and safe building regulations, all in furtherance of the health, safety and welfare of all of the residents of the Town,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts proposed Local Law No. 11, 2016, as amended, amending Chapter 43, of the Town Code (“Zoning”), to add a new Article XV, establishing a Landlord Registry applicable to rental properties, within the Town.

Ayes: Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Stewart

Noes: None

LOCAL LAW NO. 11, 2016

AMENDING CHAPTER 43 OF THE TOWN CODE (“ZONING”)

TO ESTABLISH A LANDLORD RENTAL REGISTRY

Be it enacted by the Town Board of the Town of Orangetown as follows:

Section 1: Chapter 43 of the Town Code of the Town of Orangetown shall be amended to add a new Article XV, which shall read as follows:

CHAPTER 43, ZONING

ARTICLE XV: LANDLORD REGISTRY ACT

15.1. Title.

The Town Council of the Town of Orangetown determines that the Title of this local law shall be “Article XV: Landlord Registry Act”.

15.2. Purpose and Scope.

The Purpose of this chapter is to establish a registry of all rental properties, as defined herein, in order to allow its police, building and code enforcement officials to identify and contact, as necessary, persons responsible for the care, maintenance and management of such properties, to better enforce the various ensure the enforcement, of local, state and federal safety regulations in furtherance of the health, safety and welfare of all of the residents of the Town.

The provisions of this chapter shall apply to all rental property located in the Town of Orangetown.

15.3. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them:

BUILDING

Any structure within the Town wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.

OWNER

Any individual or individuals, partnership, corporation, LLC, LLP, or other type entity, and regardless of whether for profit or not-for-profit, in whose name the title to real property within the Town is vested.

RENTAL PROPERTY

Includes all buildings, as defined herein, containing one or more spaces rented, leased, let, hired or permitted to be occupied, whether for compensation or otherwise, by persons or entities other than the record owner thereof. This definition includes any building containing commercial rental space, residential rental space, or a combination of commercial and residential rental space, but does not include owner occupied residential buildings.

15.4. Registration of ownership rental property.

Every owner of rental property, as defined herein, shall be required to register such property within a period of thirty (30) days from the effective date of this article with the Town Clerk on such forms as shall be prescribed by the Town Clerk.. A new registration form shall be filed whenever there is a change of ownership (and in the case of a corporation, partnership, LLC, LLP or other non-individual owner, whenever there is a change in the majority interest in the owner entity) of a rental property, and it shall be the responsibility of the new owner(s) to file such form within thirty (30) days of taking title to the property.

Following the initial registration, a biennial filing shall be made in and between January 1 and February 1, certifying that there has been no change in the status or ownership of the rental property or reflecting the nature of any change.

Registry Fee. Every owner of rental property required to register with the Town Clerk shall pay a biennial registration fee as follows:
For a Building having 1-4 units — $20.00 per rental space or unit;
For a Building having 5-20 units — $20.00 for units 1-4, and $10.00 per unit for units 5-20;
For a Building having more than 20 units – the above stated fees for units 1-20, and $5.00 for each unit over 20.

Such fee shall be paid to the Town of Orangetown, and shall represent the cost of maintaining the registry and conducting periodic inspections and other activities, as may be required in furtherance of the purposes of this Article.

15.5. Registry form and filing.

The Registry form shall require the following information:

The property address and section, block and lot number as appears on the Tax Map of the Town of Orangetown, and the number of residential dwelling units and/or commercial units, as the case may be, permitted to be occupied on each property.
The owner(s)’ name(s), mailing address(s), street address(s) and telephone numbers (facsimile and email included, if and as available). Post Office Box numbers may be included, but the physical location at which the owner may be contacted shall be required.
Where the property is owned by a corporation, the name, title, address and telephone number of the person designated by the corporation as responsible for the maintenance of the property and to receive service of process in addition to the Secretary of State, and of each shareholder thereof.
Where the property is owned by an LLC or LLP, the names and addresses (actual, not post office box) of each manager or managing member or partner, and of each member or Partner;

Where an LLC or LLP is owned or operated, in whole or in part, by a different LLC or LLP, then, the names and addresses of the manager or managing members or partners, as the case may be, of the LLC or LLP which owns the registering LLC or LLP.

Where day-to-day responsibility for the care and maintenance of the property rests with a person other than the officer, shareholder, manager or managing member or partner set forth on the registration, the name, address and telephone numbers of the person so responsible.

The form shall be signed by one of the owners and his or her designee and before a notary public and shall bear the following statement directly above such signatures: “I certify that all information contained in this statement, including the number of lawful rental spaces or units represented, is true and correct to the best of my knowledge and belief. I understand that the willful making of a false statement of material fact herein will subject me to the provisions of law relevant to the making of false instruments and shall constitute a violation of this Article”.
It shall be the obligation of each owner to timely notify the Town Clerk whenever the information provided on the biennial registry form has become outdated or for any reason is no longer accurate. It shall be the responsibility of each owner to recertify the aforementioned information every two years.

15.6. Penalties for offenses.

No rental property, as defined herein, shall be occupied except in compliance with the provisions herein, and the failure to comply shall constitute a violation of a certification of occupancy or other legal status permitting the use and occupancy of the building.

Any person who shall violate any provision of this Article shall be punishable as provided in Chapter 41A-1 of this Code, in addition to any civil penalties or remedies as may apply.

Section 2: Effective date. This local law shall take effect immediately upon filing with the Secretary of State.

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