TOWN OF PLEASANT VALLEY

PROPOSED LOCAL LAW __ OF THE YEAR 2026

A LOCAL LAW AMENDING THE TOWN CODE OF THE TOWN OF PLEASANT VALLEY BY ENACTING A NEW CHAPTER 72 ENTITLED “RESIDENTIAL RENTALS” FOR THE PURPOSE OF ADOPTING GOOD CAUSE EVICTION


BE IT ENACTED by the Town Board of the Town of Pleasant Valley as follows:

SECTION 1. PURPOSE
The purpose of this Local Law is to promote the public health, safety and welfare by opting in to the New York State Good Cause Eviction Law (RPL Article 6-a), as permitted by Real Property Law § 213, and amending the Town Code of the Town of Pleasant Valley to enact a new Chapter 72 entitled “Residential Rentals,” with Article I entitled “Prohibition on Eviction Without Good Cause,” to implement the provisions of the New York State Good Cause Eviction Law in the Town of Pleasant Valley. 


SECTION 2. AUTHORITY AND SUPERSESSION 

This law is adopted pursuant to the provisions of the Municipal Home Rule Law  § 10(1)(ii)(a)(12) which grants local governments the authority to enact local laws regarding the public health, safety and welfare, and pursuant to the provisions of Real Property Law Article 6-a. To the extent the provisions of this Local Law conflict State law, the Town Board hereby asserts its intention to supersede same pursuant to the Municipal Home Rule Law.

SECTION 3. AMENDMENT OF TOWN CODE

The Town Code of the Town of Pleasant Valley is hereby amended to add a new Chapter 72 entitled “Residential Rentals,” which shall read as follows: 


CHAPTER 72 Residential Rentals

Article I:  Prohibition on Eviction Without Good Cause

§ 162-1 Purpose. 

The purpose of this article is to make the provisions of Article 6-a of the New York State Real Property Law regarding rental property and prohibiting certain evictions without good cause effective and binding law in the Town of Pleasant Valley.

 

§ 162-2 Opt-in to New York State Real Property Law Article 6-a. 

As authorized by New York State Real Property Law Section 213, the Town of Pleasant Valley does hereby opt-in to the provisions of New York State Real Property Law Article 6-a.

§ 162-3 Prohibition of evictions without good cause. 

A. All applicable provisions set forth in Article 6-a of the New York State Real Property Law, and any amendments thereto, are hereby adopted by the Town of Pleasant Valley and incorporated herein by reference. 

B. Pursuant to § 213(2)(a) of Article 6-a of the New York State Real Property Law, for the purposes of this article, any unit within a housing accommodation shall be exempt from the provisions of this article if such unit has a monthly rent above three hundred forty-five percent (345%) of fair market rent, as published by the United States Department of Housing and Urban Development and as shall be published for the County of Dutchess by the New York State Division of Housing and Community Renewal. 

C. Pursuant to § 213(2)(b) of Article 6-a of the New York State Real Property Law, for the purposes of this article, a “small landlord” is defined as a landlord of no more than one (1) housing accommodation anywhere in the State of New York, provided that owner-occupied housing accommodations or otherwise exempt housing accommodations shall not be considered in calculating the number of housing accommodations owned by a landlord.

§ 162-4 Automatic Sunset of this Article. 

Pursuant to § 7(b) of Chapter 56, Part HH, of the Laws of the State of New York of 2024, this article shall automatically expire and be repealed on June 15, 2034, unless Article 6-a of the New York State Real Property Law is extended or otherwise amended to remain in force and effect by the State of New York prior to such automatic repeal date.

SECTION 4. SEVERABILITY 

If any clause, sentence, paragraph, word, section or part of this local law shall be judged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which judgment shall have been rendered.

SECTION 5. EFFECTIVE DATE 

This local law will take effect immediately upon filing in the Office of the Secretary of State in Albany.