[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 6-14-2022 by L.L. No. 7-2022; amended in its entirety 12-12-2023 by L.L. No. 12-2023.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law provided an effective date of 1-1-2024.
As used in this chapter, the following terms shall have the meanings indicated:
DWELLING UNIT
As defined in § 300-2.2.
ENFORCEMENT AUTHORITY
The Senior Building Inspector or his designee or the Fire Marshal or his designee.
FAMILY
As defined in § 300-2.2.
IMMEDIATE FAMILY
The owner's spouse, partner, children, parents, siblings, grandparents, grandchildren, or those under legal guardianship.
MANAGING AGENT
Any person, individual, business, partnership, firm, corporation, enterprise, trust, trustee, company, industry, association, public entity, attorney, real estate broker, real estate agent, or other legal entity responsible for the maintenance of, collection of rent, establishment of utilities accounts, or operation of any rental property as defined within this chapter.
OWNER
Any person, individual, association, partnership, 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. In addition, any sole and/or joint owners who do not appear on the deed of record as recorded with the Suffolk County Clerk who hold legal title to any premises, with or without actual possession thereof by means of possession of shares, as executor, as administrator, as trustee, as guardian of estates, or as a mortgagee in possession, with title, or demonstrating control over a dwelling unit. This shall include but not be limited to banks and lending institutions, regardless of how possession or title has been obtained.
PERSON
Includes any individual, managing agent, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity.
RENEWAL RENTAL REGISTRY
A permit which is to be issued to the owner of the rental property where such dwelling unit has been the subject of a rental permit continuously prior to the date of the application for the permit.
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, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
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. For purposes of this chapter, the term "rental property" shall mean all non-owner-occupied single-family residences, two-family residences, accessory apartments, apartments, condominiums, residential cooperatives rented by someone other than the shareholder/s, and townhouses. Rental property shall also mean owner-occupied single-family residences and owner-occupied two-family residences where the owner is renting one to three bedrooms in the residence, and shall exclude:
[Amended 7-9-2024 by L.L. No. 8-2024]
A. 
Properties used exclusively for nonresidential commercial purposes in any zoning district; or
B. 
Any legally operating commercial hotel/motel business or bed-and-breakfast establishment operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.
RENTAL REGISTRY
A permit issued by the enforcement authority issued to the owner to allow the use or occupancy of a rental property.
SEASONAL RENTAL
An agreement, oral or in writing, whereby a dwelling is leased, used or occupied by an individual or a family for a period permitted by this code, and for which compensation, cash or otherwise, is paid for, directly or indirectly. Any dwelling unit rented for more than 120 days in any calendar year does not qualify as a seasonal rental.
SHORT-TERM RENTAL
A rental period of 14 days or less.
[Added 7-9-2024 by L.L. No. 8-2024[1]]
TENANT
An individual who rents, leases, subleases, uses or occupies a rental property.
[1]
Editor's Note: This local law also repealed the definition of "transient rental."
A. 
It shall be unlawful and a violation of this chapter for any person or entity who or which owns a dwelling unit in the Village to use, establish, maintain, operate, let, lease, rent or suffer or permit or allow the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
B. 
A rental permit issued under this chapter shall only be issued to the owner(s) of the real property at issue.
C. 
No owner, person, managing agent, or designee shall collect rent for the occupancy or use of a dwelling unit as a rental property without a valid rental permit.
D. 
No rental permit shall be granted to a non-owner-occupied short-term rental property.
[Amended 7-9-2024 by L.L. No. 8-2024]
E. 
No dwelling shall be occupied as a seasonal rental unless registered with the Building Department as a seasonal rental unit.
A. 
Where a dwelling unit is to be used as a rental property, or seasonal rental, an application for a rental registry shall be filed with the Building Department before the term of the rental is to commence.
B. 
The application shall be signed by each and every owner of the rental property and shall contain the following:
[Amended 9-10-2024 by L.L. No. 9-2024]
(1) 
The name and legal address and, if different, mailing address of the owner or owners.
(2) 
The location of the seasonal rental, including the Suffolk County Tax Map parcel number.
(3) 
A copy of the most recent deed and property tax bill, confirming the ownership of record of the rental property.
(4) 
A completed and notarized rental property inspection checklist, in a form approved by the Village Building Department, sworn to by the property owner or a licensed architect, licensed engineer or licensed home inspector.
C. 
A dwelling utilized as a rental property or seasonal rental shall be leased only by an individual or a family in accordance with this chapter. In no event shall a seasonal rental be for a period less than 30 consecutive days, excepting within any calendar year rentals of two weeks not more than twice is permitted. Where there is to be a change in the individual tenants who will be leasing, occupying or using the dwelling, the registry application shall be amended to indicate the name of the new tenant before the new tenant may occupy the dwelling.
D. 
The selling of shares to tenants where they obtain the rights of use and occupancy in a rental property for less than the term of the rental shall be prohibited. The rent or compensation paid for a seasonal rental shall not be shared by more than the permitted number of tenants.
[Amended 7-9-2024 by L.L. No. 8-2024]
E. 
The leasing, use or occupancy by a tenant of less than the entire dwelling in an owner-occupied residence shall be limited to a maximum of 50 rental registry permits being issued in the Village and shall require the property owner to submit an owner-occupied rental registry permit application that shall contain the following:
[Amended 7-9-2024 by L.L. No. 8-2024]
(1) 
The name and legal address and, if different, mailing address of the owner or owners.
(2) 
The location of the seasonal rental, including the Suffolk County Tax Map parcel number.
(3) 
A copy of the most recent deed and property tax bill, confirming the ownership of record of the rental property.
(4) 
A completed and notarized rental property inspection checklist, in a form approved by the Village Building Department, sworn to by the property owner or a licensed architect, licensed engineer or licensed home inspector.
F. 
All applicable parking regulations provided for in this code shall be complied with.
Upon service of a notice of violation to a tenant for a violation of this chapter, notice of such service of a notice of violation shall be given by the Building Department to each owner and lessor of the rental property. Said notice shall be sent by certified mail to each owner at the owner's address as shown on the current Village of Sag Harbor assessment rolls and lessor at the mailing address set forth in the registry application. Notice shall be deemed complete upon the execution of an affidavit of mailing by the Building Department.
Where authorized by a duly adopted resolution of the Village Board, the Village Attorney shall bring and maintain a civil proceeding, in the name of the Village, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. Each owner and lessor of the dwelling wherein the violation is conducted, maintained or permitted shall be made a defendant in the action, and each tenant of such dwelling may be joined as defendants in the action.
A. 
Each person who is listed as an owner upon the rental permit application shall be presumed to be an owner thereof.
B. 
If, in an action under this chapter or upon a motion for default judgment or summary judgment in an action under this chapter, a finding is made that the defendants or any of them has conducted, maintained or permitted a violation of this chapter, a penalty to be included in the judgment may be awarded at the discretion of the court in an amount not to exceed $1,000 for each day it is found that the defendant or any one of them conducted, maintained or permitted the violation.
C. 
In addition to the foregoing provisions, any duly authorized police officer, peace officer, fire marshal, ordinance inspector or building inspector may issue a summons for violation(s) of this chapter. Upon a finding of a violation of the provisions of this chapter, judgment entered pursuant to this chapter may be at the discretion of the court in an amount of up to $1,000 for each day the violation has been conducted, maintained or permitted. Upon recovery, such penalty shall be paid into the general funds of the Village.