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Old 05-31-2008, 07:46 PM
 
Location: Huntington, NY
889 posts, read 2,399,919 times
Reputation: 207

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This was just posted for RE Agents on MLS this week. A lot of it has to do with fines you could get for listing your own how with an illegal accessory apartment. (I'm not sure if the links will work but it gives you enough info)



Local town codes Suffolk County

Suffolk County
A. Town of Islip - Visit Website
  • Amends Chapter 68 of the Town Code regarding accessory apartments and rental dwelling units.
  • It shall be unlawful and a violation of this article for any person or entity who owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit.
  • Failure or refusal to procure a rental occupancy permit shall be deemed a violation.
  • A rental occupancy permit issued under this article shall only be issued to the owner(s) of the real property at issue.
  • As a rental occupancy permit issued under this article is not transferable, in the event that the ownership of a rental dwelling is transferred, the new owner shall register the property within 30 days of the closing of title pursuant to the requirements set forth in this article. If the rental dwelling is not registered as required by this article, there will be a presumption that said property is being utilized as rental property by the new owner(s) in violation of this article.
  • Makes it unlawful for any person, broker or agent to list, repeatedly and/or knowingly show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent a dwelling unit or which contains a dwelling unit where a current rental occupancy permit has not been issued by the Code Enforcement Official.
  • It is the person’s, broker’s or agent’s duty to verify the existence of a valid rental occupancy permit before listing, repeatedly and/or knowingly showing, or offering for lease, rent or sale any such dwelling unit in Islip Town.
  • Lists the telltale features where it will be presumed that a single or one-family dwelling unit is occupied by more than one family.
  • It is unlawful for any person, broker or agent to cause an advertisement or solicitation for a rental dwelling to be listed, placed, posted or submitted for inclusion on any website, in the mass media, or in printed materials, including flyers, without such person, broker or agent first verifying the existence of a valid occupancy permit. Fines:
    1. $500-$2000, or jail of 15 days or both for conviction of a first offense.
    2. $1500-$3000 or 15 days or both for conviction of a second offense, both of which were committed w/ in a period of 5 years.
    3. $3500-$5000 or 15 days or both for conviction of a third offense, all of which were committed w/ in a period of 5 years.
    Law was amended 8/14/07.
B. Town of Babylon - Visit Website
  • Chapter 153: Multiple dwellings
  • It is unlawful for the owner, owner’s agent, real estate agent or any person w/ authority over any residential building, apartment building, multiple-residence building, etc and any units contained therein to allow the occupancy of these buildings where the owner does not reside therein to not obtain a rental permit. It is immaterial whether rent or any other consideration is paid to the owner by the occupant of the dwelling unit.
  • It is unlawful for any person to occupy any residential building, apartment building, multiple-residence building, etc and any units contained therein until a valid rental permit has been issued for that residential building, apartment building, multiple-residence building, etc. It is immaterial whether rent or any other consideration is paid to the owner by the occupant of the dwelling unit, or that the person occupying the residential building, apartment building, multiple-residence building, etc. and any units contained therein had knowledge there was not a valid permit.
  • Makes it unlawful for any person, broker or agent to list, show or otherwise offer for lease, rent or occupancy any dwelling where a current rental occupancy permit has not been issued.
  • It is the person’s, broker’s or agent’s duty to verify the existence of a valid permit before listing, showing, or offering for lease, rent or occupancy any building or dwelling unit in Babylon Town.
  • Lists the telltale features where it will be presumed that a single or one-family dwelling unit is occupied by more than one family.
  • The nine-member Accessory Apartment Review Board shall hear all accessory apartment permit applications and renewal of accessory kitchen permit applications and make a final determination as to whether the applicant should be granted any such permit. It shall be a violation to have an accessory kitchen in any premises without a permit or with an expired permit.
Fines:
  1. $250-$1000, and/or jail up to 6 months, or both for conviction of a first offense.
  2. $1000-$1500 and/or jail up to one year(conviction of a misdemeanor) or both for conviction of a second offense, both of which were committed w/ in a period of 5 years.
  3. $1500-$2500 and/or jail up to one year or both for conviction of a third offense, all of which were committed w/ in a period of 5 years of the second conviction
Rental Unit law was adopted on 6/6/78. Last amended on 8/8/05.
C. Town of Brookhaven - Visit Website
  • Chapter 82: Neighborhood Preservation of the Town Code.
  • Makes it unlawful for any person or entity who owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner or his immediate family w/out first having registered with the Chief Building Inspector by filing a rental registration form and obtain a rental occupancy permit. Failure or refusal to procure a rental occupancy permit shall be deemed a violation.
  • It isunlawful for any person or entity who owns a rental dwelling unit in the Town of Brookhaven to allow more than four persons per bedroom in the rental dwelling unit.
  • Any additions of bedrooms to a rental dwelling unit shall require Suffolk County Health Department approval. It shall be a violation of this chapter if the owner or entity who owns the rental dwelling unit fails to obtain Suffolk County Health Department approval.
  • It is be unlawful for any owner to permit any tenant or other person, excluding immediate family, to take up residence by a rental occupancy in any dwelling unit without the owner's first having completed and filed with the Chief Building Inspector a rental registration form approved by the Chief Building Inspector.
  • It is unlawful for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Chief Building Inspector.
  • It shall be the broker or agent's duty to verify the existence of a valid permit before acting on behalf of the owner. First-time rentals shall be granted a fourteen-business-day grace period for submission of required application paperwork and tenant registration.
FINES:
  1. $250-$1000, or jail up to 15 days, or both for conviction of a first offense.
  2. 1000-$3000 or jail up to 15 days or both for conviction of a second offense, both of which were committed w/ in a period of 5 year
*Each week's continued violation shall constitute a separate additional violation.
Law was adopted on 12/7/99. Became Effective 12/10/99. Amendments: 10/21/02 and 7/28/03.
D. Town of Riverhead - Visit Website
  • Chapter 86: Rental Dwelling Units.
  • It is unlawful for any person or entity who owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit. Failure or refusal to procure a rental occupancy permit shall be deemed a violation.
  • It is unlawful for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent any dwelling unit for which a current rental occupancy permit has not been issued by the Code Enforcement Official.
  • It is the broker's or agent's duty to verify the existence of a valid rental occupancy permit before acting on behalf of the owner or authorized agent.
  • First-time rentals shall be granted a fourteen-business-day grace period for submission of the required rental permit application paperwork and tenant registration.
  • Lists the telltale features where it will be presumed that a single or one-family dwelling unit is occupied by more than one family.
FINES:
  1. $250-$1000, or jail up to 15 days, or both for conviction of a first offense.
  2. $1000-$3000 or jail up to 15 days or both for conviction of a second offense, both of which were committed w/ in a period of 5 years.
  3. $2000-$5000 or jail up to 15 days or both for conviction of a third offense, all of which were committed w/ in a period of 5 years of the second conviction.
*Each week's continued violation shall constitute a separate additional violation.
Adopted on 9/6/06.
E. Town of Southampton - Visit Website
  • Local Law Deleting and Repealing Chapter 330, Article XIV: Seasonal Rentals in its entirety, and creating a new Chapter 270 (rental properties).
  • Effective Jan. 1, 2008: No owner shall cause, permit or allow the occupancy or use of a dwelling unit as a rental property without a valid rental permit.
  • Effective Jan. 1, 2008: No person shall occupy or otherwise use a dwelling unit as a rental property without a valid rental permit being issued for the dwelling unit.
  • A rental permit issued under this chapter shall only be issued to the owner(s) of the real property at issue.
  • A rental property shall only be leased, occupied or used by a family.
FAMILY-
(1) One of the following:
(a) One (1), two (2) or three (3) persons occupying a dwelling unit; or
(b) Four (4) or more persons occupying a dwelling unit and living together as
a traditional family or the functional equivalent of a traditional family.
(2) Evidence that four (4) 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.
(3) The foregoing presumption may be rebutted by submitting evidence to the Chief Resolution 2007-1184 Meeting of August 28, 2007
  • A transient rental is prohibited.
  • No more than two bedrooms shall be permitted in the basement of a rental property.
  • The selling of shares to tenants where they obtain rights for use and/or occupancy in a dwelling for less than a month shall be prohibited.
  • The leasing, occupancy or use by a tenant of less than the entire rental property is prohibited.
  • Lists the telltale features where it will be presumed that a single or one-family dwelling unit is occupied by more than one family.
FINES:
  1. A violation of this Chapter by the owner(s) and/or tenant(s) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense.
  2. For conviction of a second or subsequent offense, within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both
*However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this Chapter shall be deemed misdemeanors. *Each day's continued violation shall constitute a separate additional violation.
*Additionally, in lieu of imposing the fine the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy.
  • The Court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant had cooperated with the Town of Southampton 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 Southampton;
(2) The defendant assisted the Town of Southampton 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.
  • 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 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.
  • 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. Upon recovery, such penalty shall be paid into the Town Attorney’s Enforcement Fund.
F. Village of Lindenhurst - Visit Website
  • Chapter 193: Zoning.
  • It is unlawful for any person or entity who owns a dwelling unit in the Village 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.
  • It shall be unlawful for any owner to permit any tenant or other person to take up residence by a rental occupancy in any dwelling unit without the owners first having completed and filed with the Building Inspector a rental registration form approved by the Village Administrator. 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.
  • It shall be unlawful for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Building Inspector. It shall be the broker's 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 Building Inspector a rental registration form, unless the owner has already filed such a form. Failure to file shall be unlawful 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.
Fines:
  1. A fine of not less than $500 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
  2. A fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
  3. A fine of not less than $2,000 nor more than $5,000 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 where committed within a period of five years.
* Each week's continued violation shall constitute a separate additional violation.
Amended 12/18/07.
G. Town of Huntington - Visit Website
  • Chapter 198: Zoning.
  • It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any portion of any premises as an apartment for residential occupancy in the Town of Huntington without first having obtained an accessory apartment permit. Failure or refusal to procure an accessory apartment permit shall be deemed a violation.
  • It shall be unlawful for a property owner or person in charge of property to knowingly or recklessly lease or sublease an accessory apartment to a registered sex offender, or to otherwise permit or allow such offender to use or occupy said accessory apartment as his residence or domicile.
  • It shall be unlawful for a property owner or person in charge of property to establish or maintain an accessory apartment if a registered sex offender occupies, is domiciled or resides in the main dwelling of the single family home.
  • In the event an application for a transfer of an accessory apartment permit for owner-occupied dwellings has not been filed by the new owner(s) within ninety (90) days of the closing of title as required, there shall be a presumption that an apartment is being operated, used, rented, leased and/or maintained by the new owner(s) in violation of law and without benefit of an accessory apartment permit.
  • Any application shall require a public hearing and said Hearing Officer shall fix a time and place for a public hearing.
  • Any principal residence requirement exception permit that had been applied for prior to December 31, 1997, and having been approved by the Hearing Officer shall be permitted to exist until such time as the property is sold by the permit holder or said permit expires without having been renewed in accordance with the provisions of this article.
FINES:
  1. A fine or penalty of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment upon a conviction of a first offense;
  2. Upon a conviction of a second offense, within a period of five (5) years of the first conviction, a fine of not less than one thousand ($1,000) nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment;
  3. Upon conviction of a third or subsequent offense, within a period of five (5) years of the first and second conviction, a fine of not less than one thousand five hundred ($1,500) dollars nor more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding nine (9) months, or by both such fine and imprisonment.
*Each day, or part thereof such offense continues, following notification by the Town or service of a summons, shall constitute a separate offense.
H. Town of Smithtown - Visit Website
  • Chapter 322: Zoning.
  • Accessory apartments are not allowed in single family homes.
  • Accessory apartments dwelling units shall only be permitted on premises containing only the following uses: a retail store or shop, personal shop, office, bank, funeral home, restaurant, tavern, bar, inn or shop for custom work and making articles sold on the premises.
  • The apartment dwelling units shall not be located on the first floor of the building.
  • No apartment dwelling shall consist of more than two bedrooms.
  • A suitable means of access to the dwelling unit shall be provided, which shall be sufficiently safe and attractive for pedestrian use.
  • A smoke detector, fire alarm or sprinkler system shall be provided.
  • There shall be adequate provisions for off-street parking according to good practice.
  • Permission for the proposed accessory use shall be for an initial three-year period, renewable every three years by the Board of Appeals.
  • A covenant in recordable form shall be submitted to the Board of Appeals by the property owner, agreeing to remove the residential use upon termination of the permit.
  • Upon the property owner's failure to renew within 60 days of the termination of the three-year period, the permission of the Board of Zoning Appeals shall automatically terminate.
Last Amended 3/4/75.
I. Village of Patchogue - Visit Website
  • Chapter 56: RENTAL DWELLING UNITS.
  • It shall be unlawful and an offense for any person or entity who owns or rents a dwelling unit in the Village of Patchogue to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner or his immediate family without first having obtained a valid rental occupancy permit.
  • Failure or refusal to procure a rental occupancy permit shall be deemed a violation.
  • It shall be unlawful for any owner to permit any tenant or other person, excluding immediate family, 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 Senior Building Inspector.
  • It shall be unlawful for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf of the owner as a residence with a rental dwelling unit or units any residence or residential dwelling unit for which a current rental occupancy permit is not in force.
  • It shall be the real estate broker's or agent's duty to verify the existence of a valid rental occupancy permit before acting on behalf of the owner.
  • It shall be unlawful for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf of the owner any residential dwelling in a manner inconsistent with the use reflected on the certificate of occupancy, certificate of zoning compliance, certificate of existing use or special permit issued for the premises.
  • It shall be the real estate broker's or agent's duty to verify the legal status of the premises before acting on behalf of the owner.
FINES:
  1. By a fine not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense
Amended 2/14/05.



Local Town Codes

Nassau County
A. Town of Oyster Bay - Visit Website
  • Chapter 246: ZONING.
  • The owner of the property upon which the parent-child residence is located shall occupy either the principal or accessory dwelling unit on the premises as the owner's primary residence.
  • A maximum of one parent-child residence shall be permitted on any lot.
  • The accessory residence shall be subordinate in area to the principal unit and shall contain a maximum of two bedrooms.
  • The principal use on the lot shall be a one-family dwelling.
  • A lot which contains a home office shall not also contain a parent-child residence.
  • The principal building on the lot must continue to maintain the outward appearance of a one-family dwelling. Both units shall share a common building entranceway, doorbell, mailbox and electric meter.
  • A minimum of three off-street parking spaces shall be provided on the site to serve both units.
  • In making its determination, the reviewing agency shall give consideration to the character of the area, including the exterior appearance, the number of parent-child residences in the neighborhood in relation to one-family dwellings and traffic and parking conditions.
Adopted 3/27/01.
B. Town of Hempstead - Visit Website
  • Chapter 88: HOUSING AND REHABILITATION CODE
  • Whenever any owner or tenant of any apartment in a multiple residence shall rent such apartment or any part thereof to more than two (2) boarders, roomers or lodgers, such renting shall constitute a use of such apartment for single-room occupancy.
  • It shall be unlawful for the owner or tenant of any multiple residences to rent any apartment therein for single-room occupancy, or to cause or permit any apartment so rented or any portion thereof to be used for single-room occupancy, without a permit.
  • It shall be unlawful to occupy any frame multiple residence more than two (2) stories in height for single-room occupancy.
  • This section shall not be construed to prohibit the letting by a family of one (1) or more rooms within their apartment to not more than two (2) boarders, roomers or lodgers, provided, however, that every room in such apartment shall have free and unobstructed access to each required exit.
  • It shall be unlawful to rent any room in any such dwelling for a period of less than one (1) week.
  • In each such dwelling, a register shall be kept which shall show the name, signature, residence, date of arrival and date of departure of each occupant and the room occupied by him. Comes from ordinance adopted 11-26-1963, effective 12-27-1963.
C. Town of North Hempstead - Visit Website
  • ARTICLE VI: Rental Dwelling Units.
  • 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.
  • 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.
  • 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.
  • 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.
  • It shall be unlawful for any broker or agent to list, show or otherwise offer for lease, rent or sale 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.
FINES:
  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
*Each week's continued violation shall constitute a separate additional violation.
Added 8/6/96, Last Amended 4/11/06.
D. City of Long Beach - Visit Website
  • Chapter 13, Article 1, Section 13
  • It shall be the duty and obligation of every real estate broker and real estate agent to investigate and ascertain the use restrictions and requirements of the zoning law and ordinances of the City of Long Beach before soliciting, advertising or otherwise participating in any attempt to rent, or sell, or to offer for rental or sale, any improved property or portion thereof.
  • Failure to make such adequate investigation and determination shall constitute a violation by such real estate broker or real estate agent.
  • In every written lease or rental agreement for one-family or two-family dwelling units the following clause shall be attached and made a part of said lease or rental agreement. All parties to the lease or rental agreement including the real estate broker and/or agent, if any, must acknowledge and sign said clause. The owner and/or lessor of the premises shall have the duty to include such clause.
  • “All parties hereby acknowledge that they are aware of and are in compliance with the following laws that exist within the City of Long Beach”:
  • A dwelling is a building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons including one-family and two-family dwellings. A dwelling unit is a living unit containing one or more habitable rooms, with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family.
  • The term "family" shall mean one of the following: (1) One person living alone; or
    (2) Two (2) or more persons, all of whom are related to each other by blood, adoption or marriage, living together in a single dwelling unit; or
    (3) Not more than two (2) persons not related to each other by blood, adoption or marriage, living and cooking together in a single dwelling unit.
  • It is prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. This includes bathrooms, water closet compartments, laundries, kitchenettes, serving and storage pantries, corridors, cellars, garages and similar spaces.
  • No person shall occupy as owner-occupant, lessee or agent of the owner, or let, rent or sell, nor shall any realtor or real estate agent willfully, knowingly or intentionally let, rent or sell to another for occupancy, any dwelling, rooming house, dwelling unit or rooming unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the code requirements.
FINES:
  1. A violation of any of the provisions of the Zoning Law shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding fifteen (15) days, or both.
  2. A violation of any of the other provisions shall be punishable for each violation by a fine not exceeding two hundred fifty dollars ($250.00), or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.
*Each day such violation continues shall constitute a separate violation.
Amended 2/15/00.
E. City of Glen Cove - Visit Website
  • ARTICLE IX: Landlord Registry.
  • Every owner of a one-family dwelling unit or a two-family dwelling unit in the City of Glen Cove, who is engaged in rental occupancy of such premises shall register within 30 days of the receipt of an application form which shall be delivered by the Building Department Administrator (BDA) of the City of Glen Cove through ordinary United States mail, based on the records of the City of Glen Cove Assessment Department.
  • It shall be unlawful and a violation of this article for any person or entity who owns or operates a dwelling unit within the City of Glen Cove to maintain, use, lease, rent or suffer or permit occupancy as a rental occupancy after the effective date of this chapter without having registered said dwelling with the Building Department.
  • For the purposes of this article "rental occupancy" shall mean the occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant(s) thereof pay rent for such occupancy or use.
  • There shall be a rebuttable presumption that any occupancy of a dwelling unit is a rental occupancy if the owner of such dwelling unit does not reside in said dwelling unit.
  • This article shall not be construed to require the registration of any residential rental premises in the City of Glen Cove so long as the owner of record or a member of his/her immediate family maintains a bona fide occupancy of a dwelling unit on such premises.
  • It shall be the responsibility of the owner of each residential rental premises which is subject to the provisions of this chapter to timely file a registry application form with the Building Department for each premises.
  • The rental registry files and any list maintained by the Building Department pursuant to this chapter and any application form filed pursuant to this chapter shall be deemed confidential and shall not be subject to freedom of information laws to the extent provided by law.
  • Nothing in this section shall prevent any member of the public, prospective tenant or any resident of the City of Glen Cove from inquiring as to whether a premise has been registered pursuant to this chapter or from filing a request for investigation with the Building Department to determine whether or not compliance with this article has been achieved.
FINES
  1. A fine of not less than $500 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, upon conviction of a first offense.
  2. A fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of the second of two offenses, both of which were committed within a period of five years.
  3. A fine of not less than $3,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of the third of three offenses, all of which were committed within a period of five years.
Added 1/25/00
F. Village of Malverne - Visit Website
  • Chapter 49-A: Zoning
  • No person acting as a real estate broker, agent and/or 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 ispermitted by the certificate of occupancy or certificate of existing use issued by the Building inspector, Assistant Building Inspector and/or Acting Building Inspector, for it or in a manner which violates the permitted use or occupancy of such dwelling or building under the Malverne 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 the conviction of a licensed broker, agent or salesperson for a violation of this subsection, in addition to the penalties provided for in this Article, the Clerk of the Malverne Justice Court shall forward a record of such conviction to the New York Department of State's licensing bureau.
FINES:
  1. Any person, corporation, company, partnership, firm or other legal entity violating any of the provisions of this Chapter shall commit an offense, the fine for which shall not exceed two thousand dollars ($2000.00) for each offense.
*Each separate advertising or listing of a dwelling or building, and/or showing of a dwelling or building to a prospective user or occupant in violation of this chapter shall constitute a separate offense.
Amendments enacted 2/7/05
G. Village of Freeport - Visit Website
  • ARTICLE IV: Rental Premises.
  • It shall be unlawful for any person to:
  • List, solicit, advertise or offer, exhibit or show to any person a rental dwelling unit located within the Incorporated Village of Freeport for the purpose of bringing about the rental thereof where no currently effective permit has been issued in respect of such rental dwelling unit by the Superintendent of Buildings.
  • Accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Incorporated Village of Freeport where no currently effective permit has been issued in respect of such rental dwelling unit, by the Superintendent of Buildings.
  • In the event that a person convicted of a violation of the above sections shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Superintendent of Buildings to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such license on behalf of the Village, pursuant to the provisions of the Real Estate Property Law.
  • It shall be unlawful to use, establish, maintain, operate or let any premises, entirely or partially for residence occupancy, where any rent is paid or charge is made for such use or occupancy in the Village of Freeport without first having obtained a permit.
  • Failure or refusal to procure a permit shall be deemed a violation.
  • Application for such permit shall be made, in writing, to the Superintendent of Buildings on a form provided and shall contain the name of the applicant, the location of the premises and the number of dwellings and units and persons to be accommodated.
  • No sleeping unit shall be rented or offered for rent in any cellar or basement.
  • Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this article shall be presumed to be rented for a fee, and a charge made if said premises are not occupied by the legal owner. This presumption shall be rebuttable.
FINES:
  1. Any violation of this article shall be deemed to be a violation, and shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or both such fine and imprisonment, said penalties to be in addition to suspension or revocation of any permit issued under the provisions of this article.
  2. In the event of any failure to comply with this article, each and every day such violation continues shall constitute a separate offense, and the penalties prescribed herein shall be applicable to each separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending.
  3. An injunction may be obtained by the Superintendent of Buildings in addition to any other remedy hereunder in the event of any violation or refusal to comply with the provisions of this article. Failure or refusal to procure a permit shall be deemed a violation.
Added 11/23/81, Amended 7/12/99
H. Village of Island Park
  • Local Law 1 of 2008: Rental dwelling units.
  • It shall be unlawful and a violation of this Local Law for any person or entity who owns a dwelling unit in the Village to use, establish, maintain, operate, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit.
  • Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
  • This local law shall not apply to mother/daughter - father/son dwelling situations for owners in compliance under Local Law 13 of 2006.
  • A rental occupancy permit issued under this Local Law shall only be issued to the owner(s) of the real property at issue.
  • As a rental occupancy permit issued under this Local Law is not transferable, in the event that the ownership of a rental dwelling is transferred, the new owner shall register the property within 30 days of the closing of title pursuant to the requirements set forth in this Local Law.
  • If the rental dwelling is not registered as required by this Local Law, there will be a presumption that said property is being utilized as rental property by the new owner(s) in violation of this Local Law.
  • A new application for a rental occupancy permit shall 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.
  • No additional fee will be required if the owner is registering a change in tenancy only under an existing valid rental occupancy permit.
  • Each application for a rental occupancy permit shall be accompanied by an affidavit signed by each owner and tenant named in the application, confirming that they have received copies of all Village laws and ordinances affecting rentals, noise, vehicle parking restrictions on residential lots and refuse disposal and agree to abide by the same.
  • No change of occupancy or use shall be made in a building hereafter erected or altered that is not consistent with the last-issued certificate of occupancy for such building unless a new certificate of occupancy is secured.
  • It shall be unlawful and a violation of this Local Law for any person, broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent any dwelling unit for which there is not in effect a valid current rental occupancy permit issued by the Village Clerk or her designee, in any situation where a rental occupancy permit is required by this Local Law.
  • The aforesaid person, broker or agent has a duty to verify the existence of a valid rental occupancy permit where one is required.
FINES:
  1. By a fine not exceeding $2,000, or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
  2. By a fine not exceeding more than $3,000, or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
  3. By a fine not exceeding more than $5,000, or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.
*The new Local Law shall take effect on April 1, 2008
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Old 05-31-2008, 08:55 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,182,361 times
Reputation: 7337
Thank you for this overview, Gigi.

Instead of raising our taxes year after year, how about raising these fines? They are all pitifully low. Considering the amount of untaxed income that stands to be made by renting illegally, slap on the wrist fines like these are no deterrent. For example, take the landlord of the single house broken up into 4 illegal rentals in the infamous carbon monoxide deaths that occurred this past winter. He had been fined and taken to court numerous times. But that didn't stop him from continuing to rent that death trap even AFTER it was officially condemned. The fines should be raised much higher. They are no deterrent to an illegal landlord at all.
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Old 06-02-2008, 04:14 PM
 
Location: Kings Park & Jamesport
3,180 posts, read 10,496,104 times
Reputation: 1091
Great post and info!
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Old 06-02-2008, 07:09 PM
 
453 posts, read 1,530,348 times
Reputation: 641
Great post, wish I'd had it 2 years ago!

It would make a great sticky
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