All terms used in this chapter shall have the meanings set forth below regardless of any inconsistent provisions elsewhere in the Town Code. Any terms not specifically defined herein shall have the same meaning as set forth in Chapter
255 (Zoning) or, if not so defined therein, shall be defined by common usage.
CHIEF BUILDING INSPECTOR
The person holding the position of Chief Building Inspector
for the Town of East Hampton or her designee.
[Added 4-21-2022 by L.L. No. 9-2022]
DWELLING UNIT
A building or part of a building where the unit consists
of one or more rooms with provisions for cooking, living, sanitary
and sleeping facilities designed exclusively for residential use and
arranged or intended to be occupied by one individual household or
family living independently of other individual households or families.
FAMILY
A.
The following shall constitute a family hereunder:
(1)
Any number of persons occupying a dwelling unit, provided that
all are related by blood, marriage or legal adoption and provided
that they live and cook together as a single housekeeping unit; or
(2)
Any number of persons not exceeding four occupying a dwelling
unit and living and cooking together as a single housekeeping unit,
where not all are related by blood, marriage or legal adoption.
B.
A group of persons whose association or relationship is transient
or seasonal in nature, rather than of a permanent and domestic character,
shall not be considered a family.
C.
A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in §
255-8-50 of the Town Code, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or, on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals.
D.
Persons occupying group quarters, such as a dormitory, fraternity
or sorority house or a seminary, shall not be considered a family.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents
or grandchildren.
OWNER
Any person, individual, association, entity or corporation
whose name is listed as grantee on the last deed of record for the
property, as recorded with the Suffolk County Clerk.
PERSON
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
PUBLISH
Promulgation of an available rental property to the general
public or to selected segments of the general public, in a newspaper,
magazine, flyer, handbill, mailed circular, bulletin board, sign,
website, or electronic media.
RENT
A return, in money, property or other valuable consideration
(including payout in kind or services or other thing of value), for
the use and occupancy or the right to the use and occupancy of a rental
property or seasonal rental property, whether or not a legal relationship
of landlord and tenant exists between the owner and the occupant or
occupants thereof.
[Amended 4-21-2022 by L.L. No. 9-2022]
RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation. The term "rental property" shall include single-family houses, two-family houses, and apartments (other than those regulated under §
255-11-63, "Affordable accessory apartments") but shall not include:
A.
Legally existing hotels, motels, and bed-and-breakfasts providing
short-term transient accommodations;
B.
Any housing owned or managed by the East Hampton Town Housing
Authority or any affordable or senior multifamily dwelling unit developments
owned and/or managed by a not-for-profit organization;
C.
Condominiums or residential cooperatives.
SEASONAL RENTAL PROPERTY
A rental property leased or rented as a seasonal use dwelling
unit in accordance with § 7-108, Subdivisions 4 and 5, of
the New York State General Obligations Law.
[Added 4-21-2022 by L.L. No. 9-2022]
TENANT
An individual who leases, uses or occupies a rental property
or seasonal rental property.
[Amended 4-21-2022 by L.L. No. 9-2022]
[Amended 4-21-2022 by L.L. No. 9-2022]
A. Registration required. It shall be unlawful and a violation of this
chapter for any person or entity owning, renting or leasing a rental
property or seasonal rental property within the Town to rent, lease
or permit the occupancy of such rental property or seasonal rental
property, by other than the owner or owner's immediate family, without
having first registered the property as a rental property or seasonal
rental property with the Town Building Department by the filing of
a rental property or seasonal rental property registration form or
rental property or seasonal rental property registration renewal form
deemed complete by the Chief Building Inspector or the Principal Building
Inspector.
B. Rental registration number required.
(1)
It shall be unlawful and a violation of this chapter for any
person or entity owning, renting or leasing a rental property or seasonal
rental property within the Town to rent, lease or permit the occupancy
of such rental property or seasonal rental property, by other than
the owner or owner's immediate family, without first obtaining a rental
registry number from the Building Department for the specific premises
used as a rental property or seasonal rental property.
(2)
It shall be unlawful and a violation of this chapter for any
person to use a rental property or seasonal rental property that does
not have a valid rental registry number from the Building Department
for the specific premises used as a rental property or seasonal rental
property.
C. Rental registration update required. It shall be unlawful and a violation of this chapter for any person or entity owning, renting or leasing a rental property or seasonal rental property within the Town to rent, lease or permit the occupancy of such rental property or seasonal rental property by other than the owner or owner's immediate family, without having filed a rental registration update if there shall be a change in conditions as set forth in §
199-1-3C of this chapter.
D. Use prohibited. It shall be unlawful and a violation of this chapter
for any person or entity to use or occupy a rental property or seasonal
rental property without that property being validly registered as
a rental property or seasonal rental property with the Town Building
Department.
E. Failure to publish rental registry number. It shall be unlawful and
a violation of this chapter for any person or entity to cause to be
published any advertisement for the rental of any residential property
in the Town of East Hampton, outside the incorporated villages located
wholly or partially therein, without including the rental property
or seasonal rental property registration number for said property.
[Amended 4-21-2022 by L.L. No. 9-2022]
A. Rental property and seasonal rental property registration form. Rental
property and seasonal rental property registration forms shall be
made in a sworn or affirmed writing by the property owner to the Building
Department on a form provided therefore. To the extent the Town may
make on-line registration available, applicants may utilize such system.
Such application shall, at a minimum, set forth:
(1)
The names, physical addresses, mailing addresses and telephone
numbers of the property owner(s).
(2)
The name, physical address, mailing address and telephone numbers
of an agent designated by the owner to act in her stead, if any.
(3)
The street address and Suffolk County Tax Map designation of
the rental property or seasonal rental property.
(4)
The length of tenancy and number of tenants, if known. Properties,
with the exception of a seasonal rental property, may be registered
without a known tenancy or term. In the event a property is registered
without tenant information, a rental property update form shall be
filed when the number of tenancy and term of tenancy becomes known,
but in any event prior to commencement of a rental tenancy.
(5)
The number of rooms, the number of bedrooms, and the square
footage of each respective bedroom in the rental property or seasonal
rental property.
(6)
A copy of the latest certificate of occupancy for the property
issued by the Town of East Hampton.
(7)
A completed and notarized rental property or seasonal rental
property inspection checklist, in a form approved by the Town Building
Department, sworn to by the property owner or a licensed architect,
licensed engineer or licensed home inspector.
B. Rental registration number. Upon filing of a rental property or seasonal
rental property registration form or rental property or seasonal rental
property renewal form and it being deemed complete by the Chief Building
Inspector or the Principal Building Inspector, and the filing of the
registration fee, each rental property or seasonal rental property
will be assigned a unique rental registration number for the rental
property or seasonal rental property.
C. Change in conditions. In the event that any information required
on the rental property or seasonal rental property registration form
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 Town by delivering a sworn or affirmed written notice of
such change, along with any requisite fees for such rental property
or seasonal rental property registry update, 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 constitute grounds for revocation
of the rental registration number upon no less than 10 days written
notice from the Chief Building Inspector or the Principal Building
Inspector.
D. Change in ownership. A change in ownership of the rental property
or seasonal rental property shall void the rental registration number.
Any new owner will be required to file a new rental property or seasonal
rental property registration form and provide a new registration fee.
Upon the Chief Building Inspector or the Principal Building Inspector
finding the form complete and receiving the registration fee, the
Chief Building Inspector or the Principal Building Inspector shall
assign a new rental registration number.
E. Registration and update fees. All fees are nonrefundable, and the
registration fee, renewal registration fee, and registry update fee
shall be in an amounts established by the Town Board by resolution
and amended from time to time as the Board may deem appropriate. All
fees shall be paid upon the filing of a rental property or seasonal
rental property registration form, rental property or seasonal rental
property renewal form or rental property or seasonal rental property
registry update.
F. Presumption of rental occupancy. Any single-family residence, or
any other premises subject to the provisions of this chapter, shall
be presumed to be a rental property or seasonal rental property if
such premises is not occupied by the legal owner thereof. This presumption
shall be rebuttable.
G. Maintenance of registry. It shall be the duty of the Chief Building Inspector or the Principal Building Inspector to maintain the rental property and seasonal rental property registry pursuant to this section. Such register shall be kept by Tax Map number, rental property or seasonal rental property registration number, street address showing the name and address of the owner, the number of conventional bedrooms in the single-family residence at such street address, and the number of persons allowed to occupy that residence pursuant to the provisions of §
255-11-67A(9) of the Town Code.
H. Rental registration term. The registration of a rental property or
seasonal rental property will expire two years after the date that
the registration form is deemed complete by the Chief Building Inspector
or the Principal Building Inspector.
I. Rental property and seasonal rental property registration renewal
form. Rental property and seasonal rental property registration renewal
forms shall be made in writing by the property owner to the Building
Department on a form provided therefor. To the extent the Town may
make on-line registration available, applicants may utilize such system.
Such application shall, at a minimum, set forth:
(1)
The names, physical addresses, mailing addresses and telephone
numbers of the property owner(s).
(2)
The name, physical address, mailing address and telephone numbers
of an agent designated by the owner to act in her stead, if any.
(3)
The street address and Suffolk County Tax Map designation of
the rental property or seasonal rental property.
(4)
The length of tenancy and number of tenants, if known. Properties,
with the exception of a seasonal rental property, may be registered
without a known tenancy or term. In the event a property is registered
without tenant information, a rental property update form shall be
filed when the number of tenancy and term of tenancy becomes known,
but in any event prior to commencement of a rental tenancy.
(5)
The number of rooms, the number of bedrooms, and the square
footage of each respective bedroom in the rental property or seasonal
rental property.
(6)
A copy of the latest certificate of occupancy for the property
issued by the Town of East Hampton.
(7)
completed and notarized rental property or seasonal rental property
inspection checklist, in a form approved by the Town Building Department,
sworn to by the property owner or a licensed architect, licensed engineer,
or licensed home inspector.
(8)
Any previous rental registration number of the rental property
or seasonal rental property.
[Amended 4-21-2022 by L.L. No. 9-2022]
A. The presence or existence of any of the following shall create a
presumption that a dwelling unit is being used as a rental property
or seasonal rental property:
(1)
The property is occupied by someone other than the owner or
his/her immediate family.
(2)
Voter registration, motor vehicle registration, a driver's license,
or any other document filed with a public or private entity which
states that the owner of the rental property or seasonal rental property
resides at an address other than the rental property or seasonal rental
property.
(3)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner.
(4)
Persons residing in the dwelling unit represent that they pay
rent to occupy the premises.
(5)
A dwelling unit which has been published as being available
for rent or lease.
B. The foregoing may be rebutted by evidence presented to the enforcement
authority or any court of competent jurisdiction.
The presumptions set forth in §§
199-1-4,
199-1-5,
199-1-6 and
199-1-7, subject to the limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Town Code violations.