TITLE
ORDINANCE AMENDMENT TO ARTICLE XIV OF THE CODE OF GENERAL ORDINANCES CONCERNING RESIDENTIAL RENTAL BUSINESS LICENSES AND TRANSPARENCY OF OWNERSHIP.
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WHEREAS, according to the City of New Haven’s Consolidated Plan for 2020-24, of the nearly 57,000 dwelling units in New Haven, 42% are in structures containing two- to four- dwelling units, 15% are in structures containing five- to 19- dwelling units and 19% are in structures containing 20 units or more; and
WHEREAS, nearly 70% of all dwelling units in New Haven are renter occupied; and
WHEREAS, the City of the New Haven’s Residential Rental Business License Program (the Program) was established by Ordinance in August, 2005; and
WHEREAS, the purpose of the Program is to (i) implement a proactive rental inspection program to ensure the safety, health and welfare of its residents through licensing, (ii) eliminate housing blight; and (iii) identify rental units in the city and their owners on a continuous and recurring basis; and
WHEREAS, in Fiscal Year 2021-22, the City’s Livable City Initiative reported 1,999 registered properties in the Program with 1,042 inspections completed; and
WHEREAS, administrative requirements of the Program are substantial and, at times, compromised or otherwise impacted with additional time and research associated with the identification of property owner(s); and
WHEREAS, the City seeks to reduce this administrative burden, improve the effectiveness of the program and, in turn, further protect the health, safety and general welfare of tenants through the Program; and
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERS OF THE CITY OF NEW HAVEN THAT
1. Section 17-72, add new definition to read, Natural Person means a living human being, not less than eighteen years of age. Natural person does not include any legal entity or other legal fiction ordinarily granted the status of person under Connecticut State Law.
2. Section 17-74, replace existing Section 17-74 in its entirety and replace with new Section 17-74 to read,
Sec. 17-74. - License required.
(a) Upon adoption of this article, it shall be unlawful for owner(s) of certain residential rental property located within New Haven to operate/rent such property without obtaining a type I, type II, or type III residential rental property license, subject to the exemptions set forth in section 17-73 herein this section shall apply to the following residential rental property classifications:
(1) Owner-occupied dwellings containing three (3) or more residential rental units;
(2) Non-owner occupied dwellings containing two (2) or more residential rental units; and
(3) Non-owner occupied dwellings located at mixed-use residential rental properties.
(b) Renting/operating residential rental property without a license to do so constitutes a violation of this article and is subject to the penalties set forth in section 17-84 herein.
(c) Upon the enactment of related ordinances as found in chapter 17, article XIII of the city's Code of Ordinances, all property owners of the above described residential rental property classifications are required to obtain a residential rental license in order to operate/rent such property. Application materials can be obtained online or at the office of the Livable City Initiative. If the property is exempt from the requirements of this article, the property owner shall submit evidence as to the appropriate exemption to the city's livable city initiative bureau. Acceptable forms of evidence to satisfy the above-mentioned exemption include, but are not limited to, a current utility bill (not to include water, water pollution control or tax bill) and a government issued photo identification, which includes date of birth, expiration date, and signature.
(d) In order to obtain a residential rental property license, the property owner or his/her agent shall submit an application containing the following information concerning each residential rental property that he/she owns in New Haven:
(1) The full legal name, address, telephone number(s), and email address for each owner and registered agent, and the operator (if any) of record. The application shall list the names, addresses, telephone numbers, and email addresses of each member or partner of the owner entity or property management company authorized to act on behalf of the owner or owner entity, as applicable, as well as the name, address, telephone number, and email for the registered agent for service.
a. Name. In the case where the owner or operator is a corporation, partnership limited liability company or other legal entity, the name of a managing partner which shall be a natural person, shall be provided, but if there is no managing partner, the names of each general partner shall be provided. If the general partner is a legal entity, the names of all the persons who are partners in any entity shall be disclosed. In the case of a limited liability company, the name of the managing member and the names of the agents(s) registered with the State of Connecticut shall be provided. In the case of a corporation or other business entity, the name of the president, the name of the secretary, and the name of the agents(s) registered with the State of Connecticut of the business entity shall be provided. In the case of a trust, the name of at least one trustee shall be provided. In the case of an estate, the name of the executor, administrator, conservator, or other fiduciary responsible for the estate shall be provided.
b. Address. An address shall be a location described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a Post Office box. If the owner or owners is a person or persons who do not reside in the City of New Haven, each owner shall provide his or her residential or bona fide business address that is a physical address and not a Post Office box. In the case of a partnership, limited liability company, corporation, or other business entity, each registered agent shall provide his or her residential or bona fide business address that is a physical address and not a Post Office box, and the address of each other individual required to be named in subsection (1) of this section must be provided.
c. Registered agent. In the case of an owner-occupant, the registered agent shall be a natural person who is a resident of the City of New Haven who shall act as the agent of the owner-occupant for the receipt of any violation notice and for service of process issued pursuant to the provisions of this chapter. In the case of a non-resident owner, the registered agent shall be a natural person who is a resident of the State of Connecticut, who shall act as an authorized agent of the owner for the receipt of violation notices and for service of process issued pursuant to the provisions of this chapter.
(2) The total number of rooms in the building, the number of dwelling units in the building, and the number of persons proposed to be accommodated or allowed in each dwelling unit.
(3) A copy of a driver’s license or comparable state-issued photo identification, or other comparable national government-issued photo Identification, showing the name, photo, and address of the owner or owners required to be named in section 17-74 and the address of the registered agent and operator (if any); or an affidavit with the name of the owner or owners required to be named in Sec. 17-74 stating that the address given is a bona fide business address that is a physical address and not a post office box.
(4) Whether the owner resides in the residential rental property; and
(5) The number of Section 8 rental units administered by the housing authority of New Haven in the residential rental property, if any.
(e) The property owner or his/her agent shall certify to the accuracy of the information that he/she provides in the residential rental property license application with penalty for false representation(s) as set forth in section 17-84 below.
(f) The residential rental property owner or his/her agent shall submit the completed residential rental application to the City of New Haven, in person, by mail, or by electronic means. The application can be delivered or mailed to: Livable City Initiative, 165 Church Street, 3rd floor, New Haven, Connecticut 06510 within the deadline specified in the notice of the licensing requirement. Alternative means via electronic submissions may be submitted through process as may be established by the Livable City Initiative.
(g) The residential rental property owner or his/her agent shall inform the Livable City Initiative of any change concerning the information contained in the residential rental property application within thirty (30) days of such change.
(h) Within twenty (20) days of receipt of a complete application and of the license fee required by section 17-74, the City shall mail a letter confirming receipt of the completed application and advising the Owner of the next available inspection date. Mailing of the confirmation letter shall be conclusive evidence that the Landlord is in compliance with the ordinance until the City completes such inspection and issues the License pursuant to §17-77(h); or the City issues the appropriate corrective action report, pursuant to §17- 77(i) - §17-77(n).
( Ord. No. 1671, 2-6-12 ; Ord. No. 1873 , 9-3-19)