Town rental laws change from month to month and year to year, so it’s critical to check with the town of interest for up-to-date codes and not to rely upon the text in the article. As an introduction to these posted laws and codes, I have to add the following in all-caps: PLEASE CHECK WITH YOUR LOCAL CODE OFFICE TO VERIFY MOST RECENT RENTAL CODES. There, now we can continue.
The Towns of Southampton and East Hampton have different rental permit laws and positions. An obvious requirement for a rental permit is a valid certificate of occupancy (CO), that must be presented with all rental applications. But other issues are not so obvious. If you would like to know why it’s important to follow the rules, read about the fire that killed two in Sag Harbor in the summer of 2022, at a home rental with no rental permit. And then there is this $150,000.00 lawsuit against a local landlord based on not having a rental permit. The following codes are from the Town of Southampton:
270-5 Application for rental permit. (Southampton Town)
A. Where a dwelling unit is to be used as a rental property, an application for a rental permit shall be filed with the enforcement authority before the term of the rental is to commence. [Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No. 15-2014]
1) The owner of a rental property having failed to comply with the requirements of § 270-5A shall file all appropriate rental application documents within 30 days of the receipt of actual notice of said failure to comply. Actual notice shall include but not be limited to the issuance of a summons or notice of violation and/or written notice from any Southampton Town official.B. The application shall contain the following:
(1) The name, date of birth, telephone number and address of the owner(s)
(a) Proof of the legal residence of each owner;
(b) In the event that the owner of the rental property is a corporation, partnership, limited liability company, or other business entity, the name, proof of legal residence, and telephone number of each owner, officer, principal shareholder, partner and/or member of such business entity shall be provided
(c) A copy of the last deed of record for the rental property, as recorded with the Suffolk County Clerk, confirming the ownership of record of the rental property.
(2) The name, address and telephone number of the managing agent, if applicable.
(3) A writing, promulgated by the Office of the Town Attorney, executed by the owner(s) of the rental property, which designates either
(a) A person, firm or corporation with an actual place of business, dwelling place, or usual place of abode located within the boundaries of the Town of Southampton; or
(b) The Town Clerk of the Town of Southampton as agent for service for criminal and civil process pursuant to CPLR Section 318. Every owner shall insure that the address for delivery of such process is current and shall advise the Town Clerk whenever the address is changed. The designated agent, upon receipt of service of process under this designation shall forthwith transmit by regular and certified mail to the owner(s) of the rental property at the address included on the owner(s) application.
(4) The location of the rental property, including the street address and the Suffolk County Tax Map parcel number.
(5) The number of tenants intended to occupy the rental property.
(6) [1] A copy of a contract with a carter providing for weekly pickup, at a minimum, of refuse and proof by letter from the carter indicating that full payment for the entire term of the rental has been made, or in the alternative, an affidavit from the owner acknowledging responsibility for refuse removal in a timely and efficient manner.
[1] Editor’s Note: Former Subsection B(6), regarding the names of tenants, was repealed 5-28-2013 by L.L. No. 12-2013. This local law also provided for the renumbering of former Subsection B(7) through (11) as Subsection B(6) through (10), respectively.
(7) The period of the proposed occupancy.
(8) A floor plan depicting the location and size of each conventional bedroom.
(9) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the rental property.
(10) Written certification from a licensed architect or licensed engineer that states that the rental property fully complies with all of the provisions of the Code of the Town of Southampton. The certification shall include, but not be limited to, the number of each bedroom, the square footage of each bedroom, and a description of every improvement indicated on the survey. In lieu of the provision of a certification, an inspection may be conducted by the enforcement authority.
[Amended 5-13-2014 by L.L. No. 15-2014]
C. The owner(s) of the premises and the managing agent, if applicable, shall submit an application that is signed, sworn to and notarized. (emphasis added)
East Hampton Rental Permits
Single Family Residences – Prohibited Uses
http://ehamptonny.gov/
Per the above linked website, there are a number of conditions that are prohibited in renting out a single family home in East Hampton. For summer rental seasons, and all seasons, permits are required for residential rentals.
Rental Form For East Hampton
The Rental Permit Inspection Form for East Hampton may be signed by an owner, licensed architect, licensed engineer, or licensed home inspector. Most engineers do not want to take on extensive liability for a minimal profit by personally signing off on a code inspection work, however, we are willing to act as licensed home inspection agents in East Hampton for home owners to help to get the job done, from an initial safety inspection to the final receipt of permit, with only one small comprehensive fee. This does not include any recommended contractor work to remedy unsafe conditions.
Sag Harbor Village Rental Permits
Effective January 1, 2024, the Village of Sag Harbor requires a rental permit. Per the initial description by the town, a completed and notarized Rental Property Inspection Checklist must be submitted, as a part of the rental application process, per an inspection and certification by the property owner or a licensed architect, licensed engineer or licensed home inspector. As the owner of this company, I am a licensed home inspector and I can certify the home, instead of having a town inspector inspect it, for example.
The Village of North Haven
The rental permit application for North Haven requires a local town official as the safety inspector for the rental home or a licensed architect or licensed engineer can be hired.
Our rental expediting service includes a preliminary safety inspection and report with photos. As a licensed home inspector, I can certify the town safety inspection in certain towns and villages. Whether you wish to have the town perform the rental permit safety inspection for free or you’d prefer to hire a licensed professional, we can facilitate the expediting process and the prepare the details of the application paper work,
Call for a free quote for assistance with your rental permit needs, wherever your property is located in the Hamptons NY or Eastern Suffolk area: 631 377 2046.
Tags: rental permit Southampton NY, rental permit Hamptons, rental permit application, rental laws, new East Hampton rental permit laws, Hamptons rental permit expediting service, how to apply for a rental permit, steps for a rental permit, agent for rental permit, Suffolk NY rental permit codes, fines for no rental permit, cost of rental permit, Sag Harbor rental permit laws