[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 5-12-2022 by L.L. No. 6-2022. Amendments noted where
applicable.]
The Board of Trustees is aware that compliance with the New
York State Housing Stability and Tenant Protection Act (HSTPH) of
2019 for seasonal use rental units within the Village prohibits landlords
from requiring a single payment for the entire term of seasonal use
rentals. New York State, recognizing the impact of the HSTPH on seasonal
rentals, enacted an amendment in 2021. In that amendment, contained
in Chapter 428 of the Laws of 2021, the State Legislature clarified
that the provisions regulating deposits and advances under the HSTPH
will not apply to seasonal rental units that are included in a registry
so long as the tenant has a primary residence to return to and the
address of the primary residence is included in the lease. This seasonal
use rentals creates such a registry of seasonal use dwelling units
within the Village. While dwelling units rented for seasonal use are
not required to be entered in the registry, if an owner of such a
unit wishes to collect all rent up front, the dwelling unit must be
entered in the Village registry as a seasonal use dwelling unit.
The following definitions shall apply to this chapter:
The registration of a rental unit as a seasonal use dwelling
unit with the Building Department.
An agreement, in writing, whereby a dwelling is leased, used
or occupied for a period of 120 days or less in any calendar year.
Any dwelling unit rented for more than 120 days in any calendar year
does not qualify as a seasonal use dwelling unit.
An individual who leases, uses or occupies a seasonal use
dwelling unit. Any tenant, for the purposes of this chapter, must
have a primary residence to which to return.
A.
A dwelling occupied as a seasonal use rental will be subject to the
requirements of the HSTPH unless the dwelling has been entered in
the registry as a seasonal use dwelling unit.
B.
Where a dwelling is to be used as a seasonal use dwelling unit, the
unit may be registered with the Building Department as a seasonal
use dwelling unit before the term of the rental is to begin. A copy
of the lease related to the rental of the seasonal use dwelling unit
shall be filed with the Village, along with an application. The lease
so filed may have redacted therefrom any financial information.
C.
The application shall be signed by each owner of the rental property
and shall contain the following:
(1)
The name and legal address or, if different, mailing address of the
owner or owners.
(2)
The address of the seasonal use dwelling unit.
(3)
The approximate number of tenants requested.
(4)
Any lease shall include: a statement that the tenant(s) has a primary
address to return to which address shall be included in the lease;
language that the unit is registered as a seasonal use dwelling unit
within the Village of Southampton; and that the occupancy of the tenant
is only for seasonal use and shall not exceed 120 days or shorter
as provided in the lease. The landlord shall submit an affidavit along
with the lease confirming that the property itself has not violated
the time frame set forth in the preceding sentence.
(5)
An affidavit from the owner acknowledging responsibility for refuse
removal in a timely and efficient manner.
(6)
The name and legal address or, if different, mailing address of the
tenant.
(7)
The period of the proposed occupancy.
(8)
An affidavit, signed by the owner and tenant named in the application,
confirming that they are aware, and will comply with, all Village
laws and ordinances affecting seasonal use dwelling units, noise,
vehicle parking restrictions on residential lots and refuse disposal
and that they agree to abide by the same.
E.
In no event shall any seasonal use dwelling unit be rented for more
than 120 days within any year.
F.
The applicant shall pay a registration fee in the amount as shall
be set by resolution of the Board of Trustees as the Board deems appropriate,
which fee will cover administrative costs of compliance with the mandates
of the amendment to the 2019 HSTPA.
The seasonal use dwelling unit registration of any dwelling
unit for which a lease as required above has not been filed or which
does not meet the conditions required for such a lease shall be revoked.
