Poquott, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-7

A. Rental occupancy permit and rental dwelling registration number required; application. (1) It shall be unlawful and a violation of this article for any person or entity who owns or rents, or controls or manages a property or dwelling unit in the Village of Poquott to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a valid rental occupancy permit and a rental dwelling registration number. Nothing within this article shall be deemed to permit an accessory apartment or to permit more than a one-family dwelling or residency to exist within the Village or any other building or dwelling which does not conform with the zoning of the residence district in which it is located as defined in the Poquott Village Code. The failure or refusal to obtain a rental occupancy permit and a rental dwelling registration number shall each be deemed a separate violation hereunder. (2) Presumption of rent. 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 occupied by other than the legal owner thereof. There shall not be a presumption of rent if the occupant or occupants is or are immediate family members of the owner of the subject premises, as defined in this article. (3) It shall be unlawful and a violation of this article for any person, business or entity, including but not limited to an owner, manager, person in charge, agent, or broker to solicit, advertise, list, offer, publish, post, cause or to allow any other person, business or entity including but not limited to an owner, manager, person in charge, agent, or broker to solicit, advertise, list, offer, publish, or post any dwelling unit within the Village of Poquott for rent or lease unless the dwelling unit has in effect a valid rental dwelling registration number issued by the Village of Poquott. (4) Failure to publish rental dwelling registration number. It shall be unlawful and a violation of this article for any person or entity to publish or post any advertisement or listing for the rental of any residential property in the Village of Poquott without including the rental dwelling registration number for said property in the advertisement, listing or offering. (5) It shall be unlawful and a violation of this article for any person, business, or entity, including but not limited to any owner, manager, person in charge, real estate agent, or broker to solicit, advertise, list, offer, publish, post, cause or to allow any other person, business or entity including but not limited to an owner, manager, person in charge, real estate agent, or broker to solicit, advertise, list, offer, publish or post for rent any dwelling unit within the Village of Poquott for a term of 29 days or less. Any such advertisement, listing, or offering must clearly state in writing that the minimum rental term is 30 days. (6) Application for a rental dwelling registration number and a rental occupancy permit for a rental dwelling unit shall be made, in writing, by the owner of the property to the Building Department on a form provided by the Village of Poquott for that purpose. (a) Such application shall include, but not necessarily be limited to: [1] The name, street address, mailing address, email address and home, work and cell numbers of both the property owner and property manager, if applicable. [2] The street address and Tax Map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located. [3] A description of the structure, including the number of individual conventional bedrooms contained in the dwelling unit. [4] The number of persons intended to be accommodated by, and to reside in, the rental dwelling unit. [5] For each rental dwelling unit, a description of the dwelling, including the number of rooms in the rental dwelling unit and the dimensions of each such room. [6] A property survey of the premises, drawn to a scale not greater than 40 feet to one inch; if not shown on the survey, a site plan, 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. [7] A copy of the certificate of occupancy and/or certificate of zoning compliance and any certificates of nonconforming use as recorded by the Incorporated Village of Poquott for the premises on which the rental dwelling unit intended for occupancy is located. [8] A copy of the written lease or rental agreement or notarized house rental affidavit form as required in § 123-7C of this article. (b) Each application shall be executed by and sworn to by the owner of the premises and shall include the declaration that there are no existing or outstanding violations of any state, county, or local laws, rules or regulations pertaining to the property. If the owner of a property is a trust or other entity then a trustee, officer, shareholder/owner, member or manager of an LLC, must sign but only with a written authorization from the entity, signed by a person with the authority to sign or grant that authority. B. Application review; inspection of premises. (1) The Code Enforcement Official, or his designee, shall review each application for completeness and return incomplete applications or advise the owner that the application is complete within two weeks of receipt of the application by the Village. A determination that an existing or outstanding violation of any state, county, or local law, rule or regulation exists at the property shall result in an automatic rejection of said application until the existing matter has been corrected and/or adjudicated. (2) Upon the finding by the Code Enforcement Official that the application is complete and that no existing or outstanding violations exist at the property, the Code Enforcement Official or his designee shall assign and issue a rental dwelling registration number to the rental dwelling which the owner shall use to advertise the dwelling. A rental dwelling registration number does not permit the occupancy of the dwelling. (3) Within 30 days of receiving notice from the Village of Poquott of receipt of a complete application, the owner of the rental dwelling unit shall arrange for an inspection of the rental dwelling and the premises in which it is located by a Code Enforcement Official employed by the Village to ensure that the structure and the dwelling unit complies with all applicable housing, sanitary, building, electrical and fire codes, rules and regulations, the New York State Uniform Fire Prevention and Building Codes and the Poquott Village Code. If access is refused or cannot be obtained, the Village shall have the right to deny the application for a rental permit until such time as the owner complies. In lieu of an inspection of compliance by the Code Enforcement Official the owner may provide to the Village a certified, stamped inspection report, signed by either a New York State licensed professional engineer or New York State licensed architect that the structure and the dwelling units contained therein complies with all applicable housing, sanitary, building, electrical and fire codes, rules and regulations, the New York State Uniform Fire Prevention and Building Codes and the Poquott Village Code. (4) Prior to any inspection or action on the application for a rental occupancy permit or rental dwelling registration number, the applicant must pay a registration fee as described in § 123-10 of this article. (5) Upon completion of an inspection by a Village Code Enforcement Official, he shall issue findings in a written report, the format of which will be provided by the Village Building Department. (6) The inspection and report or plan and certification by an architect or engineer shall be completed and filed with the Village Building Department within 120 days of the notice of completion of the application. If the report states that the proposed rental dwelling unit, as well as the premises in which the same is located, is within compliance with all applicable state and local laws, rules and regulations and that such rental dwelling unit does not create an unsafe or dangerous condition, and the applicant has provided a written copy of the lease/rental agreement, the Code Enforcement Official or his designee shall issue the rental occupancy permit, which shall state the name and address of the owner of the subject property, the maximum number of occupants and the number of conventional bedrooms for the structure. (7) If during an inspection there are found to be violations of the Uniform Fire Prevention and Building Code or violations of Poquott Village Code, or the applicant has not submitted a copy of the written lease or rental agreement, the Code Enforcement Official shall not issue the rental property permit, and shall issue orders to remedy or appearance tickets for all such violations. (8) Nothing in this section shall preclude the Village Code Enforcement Official from conducting an inspection with consent of the owner of the rental dwelling unit, at times other than stated in this section, when the Code Enforcement Official has reason to believe that a violation exists. C. Written agreement or lease. (1) Every owner of a rental dwelling in the Village of Poquott shall enter into a notarized written rental agreement or lease signed by the owner or manager and the tenants of the rental unit which shall state the terms of the rental or lease, the names of the tenants that are included under that agreement and the names of any other occupants of the premises. A copy of such rental agreement or lease shall be provided to the Village of Poquott before a rental occupancy Permit can be issued. If the owner fails or refuses to submit the written agreement as specified in this article, the rental dwelling registration number shall be revoked. When no written lease or agreement exists, the Village of Poquott may, at the discretion of the Board of Trustees, accept a house rental affidavit on a form provided by the Village of Poquott in lieu of a lease agreement. (2) Each rental agreement shall state that the agreement and the tenancy thereunder may not be sublet or assigned and no shares or units of occupancy may be sold or transferred and that any sublet or assignment of the rental, or sale or assignment of units of occupancy shall be a violation of this article and render the rental agreement void. (3) A copy of the rental agreement, lease, or affidavit must be maintained at the rental dwelling attached to the rental occupancy permit and both must be presented to the Code Enforcement Official upon his request in the course of performing his official duties at any reasonable time of the day. Failure to provide the rental occupancy permit and/or a copy of the rental agreement, lease, or affidavit at the time of the request is a violation of this article. (4) Change in conditions. In the event that any information required on the rental occupancy permit application should change during the effective period of the rental registration, including, but not limited to, the change in tenants, rental period or term, the commencement of a new rental period or term, the number of tenants, or the number of bedrooms, the property owner shall immediately notify the Village of Poquott by delivering a sworn written notice of such change to the Building Department, which shall include such notice in the records for the rental registry. Failure to deliver notice of error and/or change in information as required under this section shall be a violation of this article and constitute grounds for revocation of the rental occupancy permit and the rental dwelling registration number upon no less than 10 days' written notice from the Code Enforcement Official. (5) Change in ownership. A change in ownership of the rental dwelling shall void the rental occupancy permit and the rental dwelling registration number. Any new owner will be required to file a new rental occupancy permit application. D. Legal use and occupancy. (1) It is the responsibility of the owner, manager, person in control, and tenant to ensure proper and legal occupation of the premises and compliance with this article, the Poquott Village Code and the Uniform Fire Prevention and Building Code, including but not limited to those areas of the house that are not conventional bedrooms and which may not be used for sleeping, and other areas of the house which may not be converted or used temporarily or permanently to a different use without the prior approval of the Village of Poquott. Occupancy of the house may not exceed the limitations contained in those codes, and the use of the house may be for residential purposes only and may not be sublet, leased or licensed in shares, or used for any commercial purpose including but not limited to events. (2) The owner, manager, person in control, and tenant of the premises are each and all responsible for its use and the compliance with all state and local laws, including but not limited to the Poquott Village Code and the New York State Uniform Fire Prevention and Building Code. A violation of a state or local law during a rental term shall constitute a violation hereunder by the owner, manager, person in control, and the tenant at the sole discretion of the Village. (3) The Village of Poquott deems that short-term rentals in the Village, a year-round residential community, would increase the potential for vehicle traffic and parking problems, overburden municipal services and result in significant negative impacts on the quality of life, environment and aesthetics of the Village and contribute to discord among neighbors. Therefore, it shall be unlawful and a violation of this article for any person, business, or entity to rent any residential property or any portion thereof for a term of 29 days or less. The short-term rental of a property is deemed to be commercial use of that property.