§ 82-10. Rental registration required., Chapter 82. Neighborhood Preservation, Land Use Legislation, Code of Ordinances, Brookhaven

It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental registration from the Chief Building Inspector.

(1)

It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter.

Entities including, but not limited to, limited-liability companies, corporations, small corporations, partnerships and professional corporations shall have a valid rental registration in effect at any time the dwelling is occupied.

Application review; inspection of premises.

(1)

The Chief Building Inspector or his designee shall review each application for completeness and reject incomplete applications. The Chief Building Inspector shall create and approve the application requirements in accordance with this chapter.

(2)

Upon properly filing a complete application with the Building Division, the Chief Building Inspector shall issue a temporary rental registration valid for 90 days.

(3)

Inspection report. Within 90 days of receiving a temporary rental registration, the owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Chief Building Inspector or his designee employed by the Town of Brookhaven, or (2) provide to the Chief Building Inspector an inspection report, designed and approved by the Chief Building Inspector, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. Upon receipt of the approved inspection report, the Chief Building Inspector shall issue a rental registration valid for 15 months from the date of the issuance of the temporary rental registration.

(4)

No rental registrations may be issued after the expiration date of the temporary rental registration.

Rental registration requirements.

(1)

Rental registration applications shall be in writing on a form designed and approved by the Chief Building Inspector and shall include the owner's name, address and telephone number.

(2)

Rental registrations shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter.

(3)

Rental registrations shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included.

(4)

All applicants must submit a sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Brookhaven local laws or ordinances pertaining to the property.

(5)

All applicants for a rental registration shall sign an affidavit stating that they have received a copy of and fully understand the Brookhaven Town Code concerning the restrictions on the number of unrelated persons occupying said residence.

(6)

All applicants must submit the following documents:

(a)

A property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, 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; said survey to be dated not more than one year prior to the date of the application.

(b)

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

(c)

Copies of all certificates of occupancy and/or certificates of existing use for all buildings and structures on the property.

(d)

An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Building Division of any change of address submitted pursuant to this section within five business days of any change thereto.

(7)

Each application shall be executed and sworn to by the owner of the premises.

(8)

Any additional information required by the Chief Building Inspector.

(9)

All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Building Division within five days of the designation of the manager or any changes thereto.

Notwithstanding the above, no rental occupancy registration shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines.

Renewal of rental registrations.

(1)

The Chief Building Inspector shall design and approve a renewal rental registration application form. A renewal rental registration application signed by the owner shall be completed and filed with the Building Department on or 90 days prior to the expiration date of any valid rental registration. A renewal rental registration application shall contain a copy of the prior rental registration.

(2)

A renewal rental registration application shall contain a signed sworn statement setting forth the following:

(a)

That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Brookhaven local laws or ordinances pertaining to the property; and

(b)

That there are no changes to any information as provided on the prior valid rental registration and application.

(3)

Prior to the issuance of a renewal rental registration, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(3) above.

(4)

The Town of Brookhaven shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental registration expiration date has passed. If the expiration date has passed, the owner must file a new application.

Registered motor vehicle restrictions.

(1)

Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Chief Building Inspector, as well as one additional registered motor vehicle located thereat.

(2)

An owner seeking to have additional registered motor vehicles located at said rental property pursuant to this subsection may make an application to the Board of Zoning Appeals by written request for such relief.