The Town Board of the Town of Southeast recognizes the need for a rental occupancy permit to address substandard rental conditions and enacts regulations to help maintain the health, safety, and welfare of the community by regulating and controlling the use, occupancy, oversight, and maintenance of rental units. This chapter shall ensure that rental units meet the regulations in the New York State Uniform Fire Prevention and Building Code, Multiple Residence Law, Town of Southeast Housing and Zoning Codes, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code and other codes and ordinances of the Town. It also aims to address overcrowding, parking, noise, and property maintenance issues associated with different types of rental units, including single-family dwellings, short-term rentals, and accessory dwelling units.
[HISTORY: Adopted by the Town Board of the Town of Southeast 10-9-2025 by L.L. No. 7-2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 108, Rental Housing, Registration of, adopted 3-16-2006 by L.L. No. 5-2006; as amended 6-4-2015 by L.L. No. 6-2015; and 5-15-2025 by L.L. No. 3-2025.
This chapter shall apply to all rental dwelling units located within the Town of Southeast. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more-restrictive or -stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this chapter does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.
As used in this chapter, the following terms shall have the meanings indicated:
A room in a dwelling unit specifically furnished for sleeping. The room must have at least one operable egress window and must be separated from other rooms by a door. Egress from a bedroom shall not pass through another bedroom. Keyed locks and padlocks are prohibited on bedroom doors.
The Building Inspector, Assistant Building Inspector, Zoning Enforcement Officer, Sheriff, or Fire Inspector of the Town of Southeast.
A building or entirely self-contained portion thereof containing complete housekeeping facilities, including not more than one kitchen, for occupancy by only one family, including any domestic workers living and employed on the premises, having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
The following shall constitute a family:
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
Any number of persons not exceeding five 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.
The owner or any other person having the right to possession of a dwelling unit.
A return, in money, property or other valuable consideration (including payment in-kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit or portion thereof, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
The occupancy or use of a rental unit by one or more persons as a home or residence, under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
A dwelling unit, or portion thereof, established, occupied, used or maintained for rental occupancy.
A dwelling unit, or portion thereof, within any single-family or two-family residential dwelling, which is rented to individuals or families who occupy the overnight accommodations for compensation for a period of less than 30 days. Occupancy is limited to no more than five persons per dwelling unit, or a number determined by the Planning Board based on the number of sleeping rooms and the septic system, whichever is less. Any dwelling which is rented or leased for a period of 30 days or more to individuals or families who then allow others to occupy the dwelling for periods of less than 30 days shall be considered a short-term rental unit and will require a permit for this use. Hotels, bed-and-breakfasts, and country inns as defined in this chapter are excluded from this definition.
An interior room other than a bedroom having at least one operable egress window and furnishings that may serve to afford sleep to a person or persons; however, sleep shall not be the primary function of the room. Examples include a living room, family room, den or great room furnished with a futon or convertible couch.
A.
It shall be a violation of this chapter for any person or entity who owns a dwelling unit in the Town of Southeast to establish, use, operate, allow, or rent the occupancy and use of a rental unit by someone other than the owner, or spouse, parent, or child of the owner, without first having obtained an approved and valid rental occupancy permit. An owner shall obtain a revocable rental occupancy permit, per the regulations in this chapter, prior to a rental unit being established. Rental occupancy permit renewals shall be subject to all regulations specified herein.
B.
Application for a rental occupancy permit shall be submitted to the Building Department on the form provided. Applications shall contain the following information:
(1)
The name, address, and telephone number of the owner and the managing agent of the rental unit. If the property is owned by a limited liability company (LLC) or similar commercial entity, a contact name shall be provided. An owner or managing agent must be available to respond within 60 minutes to investigate complaints during the entire time the rental property is being rented;
(2)
If there are renters currently occupying the premises;
(3)
The street address and Tax Map designation of the premises intended for rental occupancy;
(4)
A description of each rental unit, including the following:
(a)
The overall structure of the rental, including the number of units intended for rental, and how the property would be managed;
(b)
The configuration of each rental unit, with dimensions and use of each room, as well as the number of proposed beds and occupants in each room;
(c)
A survey or site plan of the property drawn to scale that includes all physical structures, the number and location of parking facilities, and, if not served by a public sewer, the location of the septic system and leach field. An aerial photograph of the property with annotations covering the required information is sufficient if no physical alterations are proposed;
(d)
In the case of a condominium unit, the application shall be accompanied by a scaled drawing or floor plan of the condominium unit in lieu of a survey or site plan;
(e)
The applicant shall specifically state whether or not the proposed rental unit would be for short-term rental use.
(5)
A copy of the certificate of occupancy.
(6)
If the property is served by a private septic system, a septic inspection report dated less than two years prior to the application date that includes the size of the tank(s) and leach or absorption field or area, and the location and condition of all septic system components. The report must state that the septic system was adequately functioning at the time of inspection. The septic system must be in compliance with the regulations of the NYS Department of Health, Appendix 75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems. The maximum occupancy of the rental unit shall be limited by the number of bedrooms allowed for the size of the septic tank and leach or absorption area. A system failure will require a new passing inspection report.
(7)
Completion of a signed and notarized affidavit by the property owner(s) or manager certifying the following:
(a)
The property shall be in conformance with the Fire Code of New York State. At a minimum, there shall be one functioning smoke detector in each bedroom and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and in each room with an open flame source, and at least one carbon monoxide detector.
(b)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(c)
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
(d)
All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented and properly installed, and flues cleaned within 12 months of application for permit.
(e)
Each bedroom shall be in compliance with the New York State Building Code, which includes the presence of a window for egress.
(f)
Affidavit certifications shall be valid during the term of the rental permit. If relevant circumstances on the property change or for any reason the certification is or becomes inaccurate, a new affidavit certification shall be submitted.
(8)
Parking spaces required by the rental occupancy permit must be maintained throughout the life of the rental.
(10)
A plan must be presented for the storage location and disposal of trash.
(11)
If the property is an accessory apartment or short-term rental, a copy of the Planning Board conditional use permit.
C.
Renewal of rental occupancy permits is required for all rental units every two years. No permit shall be issued or re-issued unless and until:
(1)
The property complies with the Town of Southeast Code, specifically including the terms of this chapter;
(2)
The Code Enforcement Officer receives the septic system inspection report required in this subsection, if applicable;
(3)
The unit is inspected by the Code Enforcement Officer for compliance with the New York State Building and Fire Codes;
(4)
Any complaints have been resolved in a sufficient matter; and
(5)
Payment of the permit fee.
D.
A rental occupancy permit is not transferable. In the event of a change of ownership of a rental property, the new owner shall be required to apply for a new permit to maintain the rental unit.
E.
Violation of any provisions of a rental occupancy permit, conditional use permit, or zoning regulations may result in the revocation of the rental occupancy permit and the owner shall be subject to penalties.
A.
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. The Code Enforcement Officer shall issue the permit(s) if satisfied that the proposed rental dwelling unit(s) and premises on which the same are located are fully compliant with all applicable state and local laws, ordinances, rules and regulations, and that such rental dwelling unit(s) would not create an unsafe or dangerous condition, or nuisance to an adjoining property. A nuisance may include, but is not limited to, excessive noise, unsightly storage of waste, and poor property maintenance.
B.
In issuing a rental occupancy permit, the Code Enforcement Officer may impose reasonable conditions and restrictions directly related to the rental use of the property, so long as such conditions and restrictions are consistent with the requirements of the Town of Southeast, including this section, and are imposed for the purpose of minimizing potential adverse effects the rental unit could have on the neighborhood or community.
C.
Rental units that require a conditional use permit from the Planning Board are not exempt from a rental occupancy permit, and must still submit an application and associated materials to the Code Enforcement Officer. The Code Enforcement Officer shall provide a report and recommendation to the Planning Board. Once the conditional use permit is approved, a rental occupancy permit may also be issued.
D.
The Code Enforcement Officer shall deny an application for any of the following reasons:
(1)
If the application is incomplete and does not contain either the information required by this section or the required permit fee.
(2)
If the Code Enforcement Officer previously issued a rental occupancy permit to any of the owners of the property, and any of such owners had the rental occupancy permit revoked within the previous two years.
(3)
If the affidavit from the owners, or inspection conducted by the Code Enforcement Officer, evidences that the subject property is not in compliance with the Town of Southeast Code.
(4)
If the site plan required to be submitted with the application does not comply with the requirements of this chapter.
(5)
If a private septic inspection report is required to be submitted with the application and such report does not comply with the requirements of this chapter.
(6)
If access is not granted to the property for purposes of an inspection within a reasonable period of time.
A.
A nonrefundable permit application fee shall be paid, upon filing an application for a rental occupancy permit, in accordance with the Town of Southeast Fee Schedule in effect at the time of the application.
B.
The fee required by this section may be reduced at the discretion of the Town Board for any applicant which demonstrates that it is a not-for-profit housing development corporation organized under the laws of the State of New York and that it is providing housing for senior citizens or other designated special populations subject to income guidelines established by either federal or state regulation.
C.
Where a conditional use permit fee has been paid, the rental occupancy permit application fee is included, and an additional fee will be charged if the applicant is required to submit a rental occupancy renewal permit and the associated fee.
Rental occupancy permits issued pursuant to this section shall state the following:
A.
The names, addresses and phone numbers of every person or entity that has an ownership interest in the rental property and the primary contact person who shall be available to respond within 60 minutes to or investigate complaints during the entire time (24 hours per day) the property is being rented. If the property is owned by a commercial entity, a contact name and direct phone number shall be provided;
B.
The maximum occupancy and vehicle limits for the rental unit;
C.
Identification of the number and location of parking spaces provided;
D.
A statement that littering is illegal;
E.
A statement that all fires must be attended and that any outdoor fire located within the limits of the Town of Southeast must be extinguished no later than 9:30 p.m., must be within a fire pit or fire place, have a maximum flame height of 18 inches, and must comply with local burn bans as applicable.
F.
A statement that renters must comply with and be provided with a copy of the Noise Ordinance of the Town of Southeast, which prohibits plainly audible unreasonable noise, which ordinance will be enforced by the Enforcement Officer, Putnam County Sheriff's Department, New York State Police, or any law enforcement agency properly exercising jurisdiction over the rental property or incident;
G.
A statement that local law prohibits private displays of fireworks;
H.
Any conditions imposed by the Code Enforcement Officer;
I.
The permit expiration date;
J.
A statement that the rental occupancy permit may be revoked for violations; and
K.
A statement that the landlord is required to provide a written lease to all tenants renting a property for more than 30 days.
All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance.
It shall be the duty of the Building Department to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by Tax Map number, license number, receipt number, and street address, showing the name and address of the permittee, the number of rental units at such street address, the number of rooms in each such rental unit, and the date of expiration of permit for such unit.
The Code Enforcement Officer is authorized to make, or cause to be made, inspections to determine the condition of rental dwelling units to safeguard the health, safety and welfare of the public. The Code Enforcement Officer is authorized to enter, upon consent of the owner if the unit is unoccupied, or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at any reasonable time during daylight hours, or at such other time as may be necessary in an emergency, without consent of the owner, agent and/or tenant, for the purpose of performing his duties under this chapter.
The Code Enforcement Officer of the Town of Southeast is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails, after due notice by certified mail, to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
A.
The Code Enforcement Officer shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed violations to exist and remain upon the premises for which such permit has been issued for a period of 14 business days or more after written notice has been given to the permit holder or the managing agent of such rental dwelling unit of a violation of the Multiple Residence Law, New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. The 14-day time period shall commence from the post mark on the notice of violation. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Officer.
B.
An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a duly noticed public hearing on such appeal within 30 days after receipt of written notice of such appeal, and after such hearing shall make written findings, a conclusion and a decision either sustaining such permit revocation or reinstating such permit within 30 days after the close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue.
A.
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:
(1)
By a fine of not less than $500 and not exceeding $1,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2)
By a fine of not less than $1,500 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
(3)
By a fine of not less than $3,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate additional violation.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.