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.
[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 5-12-2022 by L.L. No. 6-2022; amended in its entirety 8-14-2025 by L.L. No. 7-2025. Subsequent amendments noted where applicable.]
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.
A.
A dwelling utilized as a seasonal rental shall be leased only by an individual or a family in accordance with this chapter.
B.
Except as set forth in § 89-4C, a seasonal rental for a period less than 14 consecutive days is not permitted.
C.
Notwithstanding the fourteen-day minimum set forth in § 89-4B, a seasonal rental of a property for one week shall be permitted twice in a calendar year.
D.
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.
E.
The selling of shares to tenants where they obtain the rights of use and occupancy in a dwelling for less than the full term of the rental or less than full use of the rental unit shall be prohibited.
F.
The rent or compensation paid for a seasonal rental shall not be shared by more than the permitted number of tenants.
G.
The leasing, use or occupancy by a tenant of less than the entire dwelling is prohibited.
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.
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 served on each owner/registered lessor of the rental property. Said notice shall be sent by certified mail to each such owner/registered lessor at the mailing address set forth in the registry application or if none, the address on file with the Village Tax Receiver. Notice shall be deemed complete upon the execution of an affidavit of mailing.
A.
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/registered 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.
B.
Each person who is listed as an owner upon the rental permit application shall be presumed to be an owner thereof.
C.
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 defendant(s) or any of them has conducted, maintained or permitted a violation of this chapter, a penalty may be awarded at the discretion of the court in an amount not to exceed $2,500 for each day it is found that the defendant or any one of them conducted, maintained or permitted the violation.
D.
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, there shall be a minimum penalty of $1,000 and a maximum penalty of up to $2,500 for each day the violation has been conducted, maintained or permitted.