[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:
As defined in § 300-2.2.
The Senior Building Inspector or his designee or the Fire
Marshal or his designee.
As defined in § 300-2.2.
The owner's spouse, partner, children, parents, siblings,
grandparents, grandchildren, or those under legal guardianship.
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.
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.
Includes any individual, managing agent, business, partnership,
firm, corporation, enterprise, trustee, company, industry, association,
public entity or other legal entity.
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.
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.
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]
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
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.
A permit issued by the enforcement authority issued to the
owner to allow the use or occupancy of a rental property.
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.
A rental period of 14 days or less.
[Added 7-9-2024 by L.L. No. 8-2024[1]]
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:
(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 true, final and complete signed copy of the lease between the owner(s)
and tenant(s).
(5)
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.
