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INTRODUCTORY LOCAL LAW NO. 5-2014
Release Date: August 29, 2014
INTRODUCTORY LOCAL LAW NO. 5-2014
“Amending the Village Code to Establish a Landlord Registry for Rental Properties Containing Two or More Residential Dwelling Units”
A LOCAL LAW adding a new Chapter 166 “Landlord Registry” to the Code of the Village of Ossining that establishes a comprehensive landlord registry for all rental properties having two or more residential dwelling units in the Village of Ossining,
BE IT ENACTED by the Board of Trustees of the Village of Ossining, as follows:
Section 1. Legislative Intent. The purpose of this local law is to promote public health, safety and welfare of the Village of Ossining and its residents by obtaining complete and accurate information regarding the persons responsible for rental properties in the Village of Ossining so that this data can be available in the event of an emergency and used: (a) in furtherance of efforts by the Village to promote responsible care, maintenance and management of rental properties; (b) to better ensure the safety of the occupants of such rental properties; and (c) in the enforcement of Federal, New York State, and local laws and regulations.
Section 2. The Code of the Village of Ossining is hereby amended to add new Chapter 166 entitled “Landlord Registry” as follows:
Chapter 166. Landlord Registry
§166-1. Purpose and Applicability.
- The purpose of this chapter is to establish a comprehensive registry of all rental property, as herein defined, that is located within the territorial limits of the Village of Ossining thereby enabling the identification of those responsible for the care, maintenance and management of such property and better providing for and ensuring (a) the safety of the occupants of such property and (b) the enforcement of Federal, New York State, and local laws and regulations.
- The provisions of this chapter shall apply to all real property located in the Village of Ossining.
For the purpose of this chapter, the following words shall have the following meanings:
Any improved real property located within the Village of Ossining.
Any individual or group of individuals, partnership or corporation, limited liability company, or any similar type of business entity, association or proprietary interest, whether for profit or otherwise, in whose name title to a building is vested.
Includes any building containing two or more residential dwelling units, as defined in Section 270-4 “Zoning” of the Ossining Code”, inclusive of any dwelling unit occupied by Owner or an Owner-designated property manager, superintendent or similar, as well as Buildings having mixed commercial/residential uses, which are rented, leased, let, licensed or hired out for occupation. This definition shall not be deemed to include cooperative apartments.
§166-3. Registration of rental property.
§ 166-4. Annual landlord registration.
- Every Owner of Rental Property shall annually register such property with the Village of Ossining Building Department by completing and submitting a registration form provided or approved by the Village, known as a landlord registration statement. The filing of this annual registration statement shall be accompanied by a filing fee of no less than $25, with this and any/all fees associated with this Chapter to be set from time to time by resolution of the Village Board of Trustees. Every such owner shall file a new landlord registration statement no less than 30 days prior to the anniversary date of initial filing.
- Every such owner shall, within fourteen (14) days of an occurrence resulting in a change in the information on file with the Village, file with the Building Department a revised registration statement form containing the updated information whenever the information provided in a landlord registration statement that is on file is no longer accurate or is out-of-date, including but not limited to any change in contact information. A complete, updated landlord registration statement shall be filed whenever there is a change of ownership of the rental property. It is the responsibility of the new owner to see that such statement is filed within 30 days of the closing of title. If the building ceases to be used as rental property, the Owner shall notify the Building Department accordingly in writing within fourteen (14) days of such occurrence.
- The form for the landlord annual registration statement shall be a sworn statement and contain at least the following information:
- The property address, the section, block and lot number as stated on the Tax Map of the Village of Ossining.
- The number of residential dwelling units in the building.
- The name, address and telephone number of the owner.
- If the owner is a corporation, limited liability company, partnership or other similar business entity, the name, physical address (post office box is not acceptable) and telephone number of a person who shall be authorized to accept notices and legal process on its behalf.
- If the owner does not occupy the rental property, the name, physical address (post office box address is not acceptable) and telephone number of a responsible person or managing agent over the age of 21 years old, actually residing or doing business in Westchester County, who is responsible for the care and management of such property and is authorized by said owner to accept notices and legal process on behalf of the owner.
B. The landlord registration statement shall be sworn to and signed by the Owner and witnessed by a notary public and shall contain at a minimum the following declaration: "I certify that all information contained in this statement is true and correct to the best of my knowledge and belief. I understand that the willful making of any false statement of material fact herein will subject me to the provision of law relevant to the making and filing of false instruments and shall constitute a violation of this chapter."
§ 166-5. Penalties for offenses.
A. No rental property shall be occupied by anyone without compliance with the provisions of this chapter, and the Owner's failure to comply shall constitute a violation of a certificate of occupancy.
B. Any Owner committing an offense against any provision of this Chapter shall also constitute a violation of this Chapter and may be punishable by criminal fine or subject to civil penalty in an amount no less than $250 and not to exceed $1,000. Each day's violation shall constitute a separate and distinct charge.
Section 3. Except as otherwise provided herein, all other provisions of the Code of the Village of Ossining shall remain the same.
Section 4. The provisions of this Introductory Local Law are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this Local Law
Section 5. This Local Law shall take effect upon the filing and publication as required by applicable law, including filing with the Secretary of State.