Lynbrook City Zoning Code
ARTICLE XVI
Illegal Over-Occupancies
[Added 3-15-2004 by L.L. No. 2-2004]
§ 252-200 Legislative findings.
[Amended 7-10-2006 by L.L. No. 5-2006]
The Board of Trustees has found that there are instances in the Village of owners of residential properties exploiting their buildings by maintaining or creating an illegal over-occupancy which exposes the residents therein to living in substandard rooms or apartments. Such practices are in derogation of the health, safety and welfare of members of the public who are entitled to such suitable and safe housing as is assured by Code compliance. Such illegal over-occupancy in residential properties also has a detrimental effect on Village services to the community. Accordingly, enforcement of applicable Code provisions is a legitimate governmental obligation which requires appropriate consideration.
§ 252-200.1 Real estate brokers, contractors, architects and engineers.
[Added 3-19-2007 by L.L. No. 3-2007; amended 5-16-2011 by L.L. No. 5-2011]
Real estate brokers, contractors, architects and engineers.
A.
Findings. The Village Board finds that certain commercial businesses have engaged in encouraging, aiding, abetting, fostering and profiting from the maintenance or creation of illegal over-occupancy arrangements within the Village. The Board further finds that appropriate regulation by local law is necessary to define such limitations on commercial activity as will prevent the proliferation of the illegal over-occupancies in this community.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCHITECT or ENGINEER
One who designs or draws plans for any aspect of planning, construction, building-out, improving or installation of any part of building space which may be used for purposes of residence.
COMMERCIAL BUSINESS
The act or acts of engaging in any aspect of the business or professional activity of a realtor, contractor, builder, tradeperson, architect or engineer.
COMMERCIAL BUSINESSPERSON
An individual or a business entity engaged in any aspect of the business or professional activities of a realtor, contractor, builder, trades person, architect or engineer.
CONTRACTOR, BUILDER, or TRADEPERSON
One who engages in any aspect of planning, construction, building-out, improving, or installation of any part of building space which may be used for purposes of residence.
REALTOR
Any licensed or unlicensed person, whether or not a member of any real estate association, or entity engaged in assisting the buying, selling, leasing or rental of any part of real property for a residence while acting on behalf of a buyer, seller, lessor or lessee, renter or rentee of such real property.
C.
It is unlawful for any commercial businessperson to engage in any commercial business related to a residential property or in relation to the institution of a residence in a commercial property which tends to aid, promote, maintain, create or foster an illegal occupancy or over-occupancy within the Village of Lynbrook. Any such commercial business shall constitute a violation.
D.
Penalties for offenses.
(1)
A violation defined in Subsection C herein shall be punishable by a fine of not less than $4,500.
(2)
Each subsequent violation of Subsection C herein within 24 months of the last violation of Subsection C herein by a commercial businessperson shall be punished by a fine of not less than $7,000.
§ 252-201 Provisions relating to illegal over-occupancy prosecutions.
A.
In all civil and criminal prosecutions brought for the enforcement of Code provisions in respect to nonpermitted occupancy of single- and two-family dwellings, or of an approved multiple dwelling, the following rebuttable presumptions shall apply:
[Amended 7-10-2006 by L.L. No. 5-2006; 1-13-2014 by L.L. No. 3-2014]
(1)
That any dwelling which maintains more than one gas meter or more than one electric meter or more than one water meter is being used as the residence of two or more families.
(2)
That any dwelling which maintains more than two gas meters or more than two electric meters or more than two water meters is being used as the residence of three or more families.
(3)
That a single-family dwelling which maintains any entrance (s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families.
(4)
That a two-family dwelling which maintains any third or additional entrance thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of three or more families.
(5)
That a dwelling which has been advertised in any newspapers, magazine or local advertising publication as being available for sale or rent, which advertisement expressly or implicitly provides that such dwelling contains rooms for rent, more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, dwelling units or families stated or implied in such advertisement.
(6)
That there exists two or more doorbells, indicating two or more families residing in the dwelling.
(7)
That there are two or more motor vehicles parked on the dwelling lot registered to persons with two or more different surnames, indicating two or more families residing in the dwelling.
(8)
The presumption of nonpermitted occupancy of a single dwelling unit shall also be established where probative evidence establishes:
(a)
That there exists permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.
(b)
That there exists two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave, or other similar device customarily used for cooking or preparation of foods.
(9)
That any dwelling with two or more mailboxes or mail slots, or any combination thereof, is being used as the residence of two or more families.
B.
The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with Code.
C.
A person charged with a violation of Code as described herein may demand an inspection by the Department of Buildings of the subject premises to rebut such presumption. Such demand shall be in writing addressed to the Department of Buildings and shall be accompanied by a nonrefundable fee of $125 to defray the cost of such inspection. The Building Department Inspector shall prepare a report of the findings of the inspection together with photographs, if appropriate.
§ 252-202 Penalties for offenses.
[Amended 12-6-2004 by L.L. No. 5-2004; 7-10-2006 by L.L. No. 5-2006; 8-11-2008 by L.L. No. 1-2008; 5-16-2011 by L.L. No. 5-2011; 1-13-2014 by L.L. No. 3-2014; 2-18-2025 by L.L. No. 1-2025]
A.
Any owner or person in charge of a dwelling who maintains or creates a nonpermitted over-occupancy in a one- or two-family dwelling, or in an approved multiple dwelling, is guilty of a violation, which shall be deemed a misdemeanor for purposes of jurisdiction, as that term is defined in the New York State Penal Law.
B.
Fines; loss of legal nonconforming status.
(1)
Fines. Notwithstanding any provision of the Code inconsistent herewith, for each Code violation involving a nonpermitted occupancy of a one- or two-family dwelling, or of an approved multiple dwelling, the owner and any person in charge of the subject property at the time of the violation shall be liable to a fine of not less than $6,000 nor more than $12,000 for the first violation; for the second violation, the fine shall be not less than $12,000 nor more than $20,000; and for any subsequent violations, the fine shall be not less than $20,000 nor more than $40,000.
(2)
Loss of legal nonconforming status. In addition to and not in lieu of the fines set forth in § 252-202B(1), any property the subject of an illegal over-occupancy proceeding where a guilty verdict has been found shall immediately be denied a certificate of occupancy and shall lose its legal nonconforming use status. By way of an illustrative example, a legal two-family dwelling which is found to have been illegally converted into a three-family dwelling shall lose its certificate of occupancy and be required to conform to being a one-family dwelling. Similarly, a legal one-family dwelling that has been illegally converted to an illegal two-family dwelling shall likewise be fined and lose its certificate of occupancy.
C.
Each week that the violation continues to exist shall constitute a separate and distinct violation.
§ 252-203 Enforcement.
A.
Enforcement:
[Amended 1-13-2014 by L.L. No. 3-2014]
(1)
The Superintendent of the Department of Buildings shall be responsible for investigating and documenting violations of any case of illegal over-occupancy within the Village.
(2)
Where there is reasonable suspicion to believe that an illegal over-occupancy exists at a specific residential premises, and where an authorized representative of the Department of Buildings, in the investigation of such suspected illegal occupancy, has been denied entry upon the subject premises by either the owner or occupant thereof, the Superintendent may cause an application to be made to the Village Justice Court for an administrative search warrant pursuant to Chapter 59 of the Village Code for the inspection, photographing or copying of the conditions found upon the subject premises, and/or for the copying of documents related thereto.
(3)
The foregoing provision and the provisions of Chapter 59, Administrative Search Warrants, shall be deemed by their terms, to have served notice upon all owners and occupants of real property in the Village to the effect that, should the landlord or occupant of said premises fail or refuse to permit an inspection of said premises by an authorized employee of the Village, an administrative search warrant may be requested of the Village Justice Court for the purpose of the performance of such administrative inspection.
B.
Prosecutions for violations hereunder may be instituted in the Village Justice Court or in the District Court of the County of Nassau.
C.
The Village Attorney may, upon direction of the Board of Trustees, institute an action in the Supreme Court of the State of New York, County of Nassau, for appropriate relief where it appears under the circumstances that the imposition of a fine alone would not be adequate.