[HISTORY: Adopted by the Town Board of the
Town of Southampton 8-28-2007 by L.L. No. 40-2007; amended in its entirety 1-8-2008 by L.L. No. 3-2008. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:[1]
As defined in § 330-5.
The town agency or official charged with issuing rental permits
and enforcing the provisions of this chapter. Said agency or official
shall be designated by resolution of the Town Board but must be one
of the following: the Chief Building Inspector or his designee, the
Public Safety and Emergency Management Administrator or his designee,
the Chief Fire Marshal or his designee, or investigators/officers
assigned to the Town Attorney Investigation Unit.
[Added 5-13-2014 by L.L. No. 15-2014; amended 7-12-2022 by L.L. No. 16-2022]
One of the following:
One, two or three persons occupying a dwelling
unit; or
Four or more persons occupying a dwelling unit
and living together as a family or the functional equivalent of a
family.
[Amended 7-12-2022 by L.L. No. 16-2022]
Evidence that four or more persons living in
a single dwelling unit who are not related by blood, marriage or legal
custody shall create a rebuttable presumption that such persons do
not constitute the functional equivalent of a family.
The foregoing presumption may be rebutted by
submitting evidence to the Public Safety and Emergency Management
Administrator that all of the following are present:
The group is one which in theory, size, appearance,
structure and function resembles a family unit;
The occupants share the entire dwelling unit
and live and cook together as a single housekeeping unit. A unit in
which various occupants act as separate roomers is not deemed to be
occupied by the functional equivalent of a family;
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence
for such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools;
Members of the household have the same address
for purposes of voter registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or other
dwelling units;
There is common ownership of furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
the group is the functional equivalent of a family.
An appeal from the Public Safety and Emergency
Management Administrator or the Chief Fire Marshal's determination
may be taken to the Public Safety Commission, by written request,
within 30 days of such determination. The Public Safety Commission
shall hold a public hearing on such appeal within 30 days after receipt
of written notice of such appeal and, after such hearing, shall make
written findings and a decision either sustaining or reversing such
determination within 30 days after close of such public hearing.
The owner's spouse, children, parents, siblings, grandparents,
grandchildren, or those under legal guardianship.
[Amended 7-12-2022 by L.L. No. 16-2022]
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.
[Amended 7-12-2022 by L.L. No. 16-2022]
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.
[Amended 7-12-2022 by L.L. No. 16-2022]
Includes any individual, managing agent, business, partnership,
firm, corporation, enterprise, trustee, company, industry, association,
public entity or other legal entity.
[Amended 7-12-2022 by L.L. No. 16-2022]
Promulgation of an available rental property to the general
public or to selected segments of the general public, in a newspaper,
magazine, flyer, handbill, mailed circular, bulletin board, sign or
electronic media.
A major one-time or recurring event of limited duration that
is expected to draw significant numbers of visitors to the Town of
Southampton to attend, support or participate in such event.
[Added 12-12-2017 by L.L.
No. 38-2017]
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 permit issued by the enforcement authority issued to the
owner to allow the use or occupancy of a rental property.
[Amended 5-13-2014 by L.L. No. 15-2014]
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, and shall exclude:
[Amended 1-22-2019 by L.L. No. 3-2019; 7-12-2022 by L.L. No. 16-2022]
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.
An individual who rents, leases, subleases, uses or occupies
a rental property.
[Amended 7-12-2022 by L.L. No. 16-2022]
A rental period of 14 days or less.
[Amended 5-14-2013 by L.L. No. 10-2013]
Includes habitation and/or occupation of a rental property.
[Added 7-12-2022 by L.L. No. 16-2022]
[1]
Editor's Note: The former definition of “Chief Building
Inspector,” which immediately followed, was repealed 5-13-2014
by L.L. No. 15-2014.
A.
Scope. This chapter shall apply to all rental properties
located within the unincorporated area of the Town, whether or not
the use and occupancy thereof shall be permitted under the applicable
use regulations for the zoning district in which such rental property
is located.
B.
Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and 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 applicable state or local laws, ordinances, codes or 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 statement of facts that is otherwise illegal under any other applicable legislation. For the purposes of the issuance of appearance tickets pursuant to the New York State Criminal Procedure Law and Southampton Town Code Chapter 5, Appearance Tickets, a violation of this chapter shall be deemed a violation of a Building Code.
C.
The name of the tenant, date of birth of the owner(s), and the telephone number of the owner(s) information provided in an application for a rental permit under this chapter shall be deemed personal and private in nature, and the release or disclosure of said information pursuant to public request shall be deemed to constitute an unwarranted invasion of personal privacy under New York State Public Officers Law, Article 6, §§ 84 through 90, and shall not be authorized.
A.
No owner, person, managing agent, or designee shall
cause, permit or allow a rental property to be occupied, rented, leased,
subleased, or otherwise used as a rental property without a valid
rental permit.
[Amended 7-12-2022 by L.L. No. 16-2022]
B.
No person, managing agent, or designee shall occupy,
rent, lease, sublease, or otherwise use a dwelling unit as a rental
property without a valid rental permit being issued for the dwelling
unit.
[Amended 7-12-2022 by L.L. No. 16-2022]
C.
A rental permit issued under this chapter shall only
be issued to the owner(s) of the real property at issue.
D.
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.
[Added 7-12-2022 by L.L. No. 16-2022]
A.
All permits issued pursuant to this chapter shall
be valid for a period of two years from the date of issuance.
B.
A renewal rental permit application signed by the
owner shall be completed and filed with the enforcement authority
before the expiration of any valid rental permit. The renewal rental
permit application shall contain the following:
[Amended 5-13-2014 by L.L. No. 15-2014]
(1)
An official copy of the prior valid rental permit;
(2)
A signed statement by the owner affirming that the
rental property, to the best of his/her knowledge, fully complies
with all of the provisions of the Code of the Town of Southampton
and the New York State Uniform Fire Prevention and Building Code,
that the structure has not been physically altered in any way, except
in full conformance with a valid building permit, and the owner is
not aware of the property being in violation of the Code of the Town
of Southampton or the New York State Uniform Fire Prevention and Building
Code.
[Amended 7-12-2022 by L.L. No. 16-2022]
C.
In the event of a change in tenancy occurring during
a permit term, the owner shall notify the enforcement authority, in
writing, of the identity of the new tenants.
[Amended 5-13-2014 by L.L. No. 15-2014]
D.
In the case of an accessory apartment issued a building permit after January 1, 2019, a lease agreement or other documentation demonstrating that the maximum monthly rent charged does not exceed the annual fair market rent (FMR) for Suffolk County as established by the Department of Housing and Urban Development (HUD) and that the tenant’s income meets the standards established for low-moderate income or middle income as defined under Chapter 216 of the Town Code.
[Added 1-22-2019 by L.L.
No. 3-2019]
A.
Where a dwelling unit is to be used as a rental property,
an application for a rental permit shall be filed with the enforcement
authority before the term of the rental is to commence.
[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No.
15-2014]
(1)
The owner of a rental property having failed to comply with the requirements of § 270-5A shall file all appropriate rental application documents within 30 days of the receipt of actual notice of said failure to comply. Actual notice shall include but not be limited to the issuance of a summons or notice of violation and/or written notice from any Southampton Town official.
B.
The application shall contain the following:
(1)
The name, date of birth, telephone number and address
of the owner(s).
(a)
Proof of the legal residence of each owner;
(b)
In the event that the owner of the rental property
is a corporation, partnership, limited liability company, or other
business entity, the appropriate attestation form shall be provided;
[Amended 7-12-2022 by L.L. No. 16-2022]
(c)
A copy of the last deed of record for the property,
as recorded with the Suffolk County Clerk, confirming the ownership
of record of the property.
[Amended 1-22-2019 by L.L. No. 3-2019]
(2)
The name, address and telephone number of the managing
agent, if applicable.
(3)
A writing, promulgated by the Office of the Town Attorney,
executed by the owner(s) of the rental property, which designates
either:
(a)
A person, firm or corporation with an actual
place of business, dwelling place, or usual place of abode located
within the boundaries of the Town of Southampton; or
(b)
The Town Clerk of the Town of Southampton as
agent for service for criminal and civil process pursuant to CPLR
Section 318. Every owner shall insure that the address for delivery
of such process is current and shall advise the Town Clerk whenever
the address is changed. The designated agent, upon receipt of service
of process under this designation shall forthwith transmit by regular
and certified mail to the owner(s) of the rental property at the address
included on the owner(s) application.
(4)
The location of the rental property, including the
street address and the Suffolk County Tax Map parcel number.
(5)
The number of tenants intended to occupy the rental
property.
(6)
[1]A copy of a contract with a carter providing for weekly
pickup, at a minimum, of refuse and proof by letter from the carter
indicating that full payment for the entire term of the rental has
been made, or in the alternative, an affidavit from the owner acknowledging
responsibility for refuse removal in a timely and efficient manner.
[1]
Editor's Note: Former Subsection B(6), regarding the names
of tenants, was repealed 5-28-2013 by L.L. No. 12-2013. This local
law also provided for the renumbering of former Subsection B(7) through
(11) as Subsection B(6) through (10), respectively.
(7)
The period of the proposed occupancy.
(8)
A floor plan depicting the location and size of each
conventional bedroom.
(9)
A copy of the certificate of occupancy or pre-existing
certificate of occupancy for the rental property.
(10)
Written certification from a licensed architect, licensed
engineer or licensed home inspector that states that the rental property
fully complies with all of the provisions of the Code of the Town
of Southampton. The certification shall include, but not be limited
to, the number of each bedroom, the square footage of each bedroom,
and a description of every improvement indicated on the survey. In
lieu of the provision of a certification, an inspection may be conducted
by the enforcement authority, and in cases where questions or concerns
exist regarding information presented within an application, the enforcement
authority retains the right to require an inspection.
[Amended 5-13-2014 by L.L. No. 15-2014; 7-12-2022 by L.L. No. 16-2022]
(11)
In addition to the requirements set forth in this chapter, an
application for a rental permit for an accessory apartment must contain
the following, unless the tenant is a relative of the owner:
[Added 1-22-2019 by L.L.
No. 3-2019]
(a)
Proof of income of the tenant(s) in a form that is satisfactory to the Director of Housing showing that the tenant(s) meet(s) the income limits for low-moderate income or middle income pursuant to Chapter 216 of the Town Code.
(b)
Proof of rent charged to the tenant(s) must be set forth in the lease
agreement and shall not exceed the annual fair market rent (FMR) for
Suffolk County as established by the Department of Housing and Urban
Development (HUD).
C.
The owner(s) of the premises and the managing agent,
if applicable, shall submit an application that is signed.
[Amended 7-12-2022 by L.L. No. 16-2022]
[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No.
15-2014]
The enforcement authority shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental property unless the owner has elected to provide a certification from a licensed architect or a licensed engineer pursuant to § 270-5B(10). The enforcement authority shall not issue a rental permit, unless the application includes all of the requisite information and documents enumerated in § 270-5(B)(1) through (10). If satisfied that the proposed rental property fully complies with the New York State Uniform Fire Prevention and Building Code and the Code of the Town of Southampton and that such rental property would not create a nuisance to an adjoining nearby property, the enforcement authority shall issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code and the Town of Southampton in existence at the premises.
[Amended 5-13-2014 by L.L. No. 15-2014]
It shall be the duty of the enforcement authority
to maintain a register of permits issued pursuant to this chapter.
Such register shall be kept by street address, showing the name and
address of the permittee, the number of rooms in the rental property,
and the date of expiration of the rental permit.
[Amended 7-12-2022 by L.L. No. 16-2022]
A.
A nonrefundable biennial permit application fee shall
be set, and changed as needed, by resolution of the Southampton Town
Board. A copy of the fee schedule is on file with the Town Clerk's
office. Such fee shall be paid upon the filing of an application for
a rental permit or a renewal rental permit.
B.
The nonrefundable biennial permit application fee shall be waived if the owner of a rental property leases for the entire rental term to low-, moderate-, or middle-income households, and in such rental amounts as adopted by the Town Board through the annual resolution which updates the rental formula multipliers for units reserved for income-eligible households pursuant to Chapter 216 of the Code of the Town of Southampton.
C.
The nonrefundable biennial rental permit application
fee shall be reduced if the owner of a rental property qualifies for
any of the following real property tax exemptions at his or her primary
residence located in the Town of Southampton:
D.
The nonrefundable biennial rental permit application
fee shall be reduced if the owner of a rental property submits a sworn
affidavit affirming that the rental property will be leased to any
active member of a volunteer fire department or ambulance corps and/or
is qualified for a volunteer firefighters and ambulance workers real
property tax exemption. This reduced fee shall be set, and changed
as needed, by resolution of the Southampton Town Board. A copy of
the fee schedule is on file with the Town Clerk's office.
E.
The nonrefundable biennial rental permit application fee shall be reduced if the owner of a rental property elects to provide a written certification from a licensed architect or licensed engineer that states that the rental property fully complies with all of the provisions of the Code of the Town of Southampton pursuant to § 270-5B(11). This reduced fee shall be set, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk's office.
F.
The nonrefundable biennial rental permit application fee shall be reduced if the owner of a rental property submits a sworn affidavit affirming that the rental property will be leased to a senior citizen, as defined in § 330-5 of the Town Code, or a qualified disabled person, as defined in § 216-2 of the Town Code. This reduced fee shall be set, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk's office.
G.
If an owner of a rental property is found by any court
of competent jurisdiction to have violated this chapter, or has pled
guilty to a lesser included offense in satisfaction of the originally
charged offense, the nonrefundable biennial rental permit application
fee will be imposed as an “in-violation fee,” set, and
changed as needed, by resolution of the Southampton Town Board. A
copy of the fee schedule is on file with the Town Clerk's office.
H.
Broker/agent's responsibility prior to listing. It shall be a ground
for administrative permit suspension and/or revocation for a two-year
period by the Public Safety and Emergency Management Administrator,
or the Chief Fire Marshal, and imposition of an "in-violation fee"
set, and changed as needed, by resolution of the Southampton Town
Board, for a particular property, for any person, managing agent,
real estate broker, or real estate agent to list, advertise, show,
or otherwise offer for lease, or rent as a rental property while said
property has not been issued an active rental permit by the Town of
Southampton. It shall be the broker's or agent's duty to verify the
existence of a valid rental registration before acting on behalf of
the owner and/or managing agent.
I.
The Public Safety and Emergency Management Administrator, or the
Chief Fire Marshal, may waive the fee/s required by this section in
instances in which any applicant that is a not-for-profit housing
development corporation organized under the laws of the State of New
York (having provided proof of the same) is providing housing for
senior citizens or those with developmental disabilities subject to
income guidelines established by federal or state regulation.
J.
Any owner, or person, managing agent, or designee who operates multiple
apartment units within a single tax map lot on behalf of an owner/s
shall pay a biannual permit application fee as set, and changed as
needed, by resolution of the Southampton Town Board. A copy of the
fee schedule is on file with the Town Clerk's office. Such fees shall
correspond with categories below based upon the number of single-family
rental units, as follows:
K.
The nonrefundable biennial rental permit application fee shall be
waived for any housing owned or managed by the Southampton Town Department
of Community Housing and Development or any affordable or senior multifamily
dwelling unit developments owned and/or managed by a not-for-profit
organization.
A.
A rental property shall only be leased, occupied or
used by one family, as defined herein.
[Amended 7-12-2022 by L.L. No. 16-2022]
B.
No owner, person, managing agent, or designee responsible
for the maintenance, collection of rent, or operation of any rental
property shall allow such rental property to be occupied by more than
the number of persons permitted to occupy the dwelling unit. Maximum
occupancy limits for rental dwelling units shall be determined as
follows:
[Amended 7-12-2022 by L.L. No. 16-2022]
(1)
In
any rooming or dwelling unit, the maximum number of occupants for
any one bedroom shall be no more than:
(a)
One occupant per bedroom having a floor area of at least 70 square
feet but less than 120 square feet;
(b)
Two occupants per bedroom having a floor area of at least 120 square
feet but less than 250 square feet;
(c)
Where more than three persons occupy any room used for sleeping purposes,
the required floor area shall be increased at the rate of 100 square
feet for each occupant in excess of three with the maximum occupancy
of any bedroom not to exceed five occupants.
(2)
It
shall be a separate offense for an owner, person, managing agent,
or designee responsible for the maintenance, collection of rent, or
operation of rental property or dwelling unit to allow occupancy in
excess of the provisions above for each dwelling unit over the maximum
occupancy limit.
(3)
It
shall be a separate offense for an owner, person, managing agent,
or designee responsible for the maintenance, collection of rent, or
operation of any rental property or dwelling unit to allow occupancy
in excess of the provisions above for each continuing day in which
a dwelling unit is occupied over the maximum occupancy limit.
(4)
It
shall be a separate offense for an owner, person, managing agent,
or designee responsible for the maintenance, collection of rent, or
operation of any rental property or dwelling unit to convert any room
into a bedroom without a permit issued by the Building Department
and filing of an application to modify an existing rental permit bedroom
count.
C.
A transient rental is prohibited, except when, after a determination
has been made by the Town Board that local transient housing capacity
is likely to be inadequate during a regionally significant event,
the Town Board may, by resolution, temporarily suspend the transient
rental prohibition for specific dates.
[Amended 12-12-2017 by L.L. No. 38-2017]
D.
No more than two bedrooms shall be permitted in the
basement of a rental property.
E.
The selling of shares to tenants where they obtain
rights for use and/or occupancy in a dwelling for less than a month
shall be prohibited.
F.
No owner, person, managing agent, or designee responsible
for the maintenance, collection of rent, or operation of a rental
property shall permit the lease, sublease, assignment, or occupancy
of a dwelling unit, or portion of a dwelling unit by anyone who is
not within the definition of family as specified herein.
[Amended 7-12-2022 by L.L. No. 16-2022]
G.
The owner(s) and tenant(s) shall ensure that all applicable
parking regulations provided for in the Code of the Town of Southampton
are satisfied. Notwithstanding anything to the contrary, no more than
four cars shall be parked at any rental property between the hours
of 1:00 a.m. and 6:00 a.m. during the term of a rental period.
[Amended 6-27-2017 by L.L. No. 13-2017]
H.
A rental property shall only be occupied or otherwise
utilized in accordance with the certificate of occupancy issued for
the dwelling unit.
I.
The owner, person, managing agent, or designee responsible for the maintenance, collection of rent, and/or operation of a rental property shall ensure that all property maintenance regulations provided for in Chapter 261 of the Code of the Town of Southampton are satisfied.
[Amended 7-12-2022 by L.L. No. 16-2022]
J.
Dumpsters shall be prohibited in the required front
yard and right-of-way. The enforcement authority is authorized to
promulgate additional site-specific conditions associated with dumpsters,
screening facilities, and off-street parking requirements for rental
properties regulated under this chapter. Any such conditions shall
be in writing and attached to the rental permit.
[Amended 5-13-2014 by L.L. No. 15-2014]
K.
Publishing
of rental registration number required. It shall be unlawful and a
violation of this chapter for any person or entity to cause to be
published any advertisement for the rental of any rental property
in the Town of Southampton, outside the incorporated villages located
wholly or partially therein, without including the rental property
permit number for said property. A person or entity may advertise
using the application number assigned to their rental permit for a
particular property, however must possess a valid permit prior to
the commencement of a rental of such property, and update any and
all publishing materials and/or advertisements with the rental registration
number upon issuance of a rental permit within 10 days from issuance.
Failure to abide by such conditions shall be a ground for suspension
of a rental permit and imposition of an “in violation fee”
established by annual fee schedule.
[Added 5-9-2023 by L.L. No. 19-2023]
[Amended 5-13-2014 by L.L. No. 15-2014; 7-12-2022 by L.L. No. 16-2022]
The enforcement authority and Town personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to make or cause to be made inspections to determine
the condition of rental properties to safeguard the health, safety,
and welfare of the public. The enforcement authority and Town personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to enter upon any rental property, with the consent
of the owner, person, managing agent, or designee responsible for
the maintenance, collection of rent, and/or operation of a rental
property if the rental property is unoccupied or upon consent of the
occupant if the rental property is occupied.
[Amended 5-13-2014 by L.L. No. 15-2014; 7-12-2022 by L.L. No. 16-2022]
The enforcement authority and Town personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to make application for the issuance of a search warrant
in order to conduct an inspection of any rental property where the
owner, person, managing agent, or designee responsible for the maintenance,
collection of rent, and/or operation of a rental property refuses
or fails to allow an inspection of its premises and where there is
reasonable cause to believe that a violation of this chapter has occurred.
The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York.
[Amended 5-13-2014 by L.L. No. 15-2014; 7-12-2022 by L.L. No. 16-2022]
A.
The enforcement authority shall revoke a rental permit
when he or she finds that the permit holder has caused, permitted
or allowed to exist and remain upon the rental property a violation
of any provision of the Code of the Town of Southampton for a period
of 14 days or more after written notice has been given to the permit
holder, owner, person, managing agent, or designee responsible for
the maintenance, collection of rent, and/or operation of a rental
property or tenant of such rental property.
B.
An appeal from such revocation may be taken by the
permit holder to the Public Safety Commission, by written request,
made within 30 days from the date of such revocation. The Public Safety
Commission shall hold a public hearing on such appeal within 30 days
after receipt of written notice of such appeal and, after such hearing,
shall make written findings and a decision either sustaining such
permit revocation or reinstating such permit within 30 days after
close of such public hearing.
The following shall be conditions precedent
to the collection of rent for the use and occupancy of a rental property:
A.
The presence or existence of any of the following
shall create a presumption that a dwelling unit is being used as a
rental property:
(1)
The property is occupied by someone other than the
owner or his/her immediate family;
(2)
Voter registration, motor vehicle registration, a
driver's license, or any other document filed with a public or private
entity which states that the owner of the rental property resides
at an address other than the rental property;
(3)
Utilities, cable, phone or other services are in place
or requested to be installed or used at the premises in the name of
someone other than the record owner;
(4)
Persons residing in the dwelling unit represent that
they pay rent to occupy the premises;
(5)
A dwelling unit which has been published as being
available for rent;
B.
The foregoing may be rebutted by evidence presented
to the enforcement authority or any court of competent jurisdiction.
[Amended 5-13-2014 by L.L. No. 15-2014]
A.
It shall be presumed that a single- or one-family
dwelling unit is occupied by more than one family if any two or more
of the following features are found to exist on the premises:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one gas meter;
(3)
More than one electric meter annexed to the exterior
of the premises;
(4)
More than one doorbell or doorway on the same side
of the dwelling unit;
(5)
More than one connecting line for cable television
service;
(6)
More than one antenna, satellite dish, or related
receiving equipment;
(7)
There are three or more motor vehicles registered
to the dwelling and each vehicle owner has a different surname;
(8)
There are more than three waste receptacles, cans,
containers, bags or boxes containing waste from the premises placed
for pickup at least twice during a weekly garbage pickup area;
(9)
There are separate entrances for segregated parts
of the dwelling;
(10)
There are partitions or internal doors which
may serve to bar access between segregated portions of the dwelling,
including but not limited to bedrooms;
(11)
There exists a separate written or oral lease
or rental arrangement, payment or agreement for portions of the dwelling
among the owner and/or occupants and/or persons in possession thereof;
(12)
Any occupant or person in possession thereof
does not have unimpeded and/or lawful access to all parts of the dwelling
unit;
(13)
Two or more kitchens, each containing one or
more of the following: a range, oven, hotplate, microwave or other
similar device customarily used for cooking or preparation of food
and/or a refrigerator;
(14)
There are bedrooms that are separately locked.
B.
If any two or more of the features set forth in Subsection A(1) through (13) are found to exist on the premises by the enforcement authority or Town personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the enforcement authority that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southampton, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the enforcement authority within 10 days of such request, such shall be deemed a violation of this chapter.
[Amended 5-13-2014 by L.L. No. 15-2014]
A.
It shall be presumed that an owner of a rental property
does not reside within said rental property if any of the following
sets forth an address other than that of the rental property:
B.
The foregoing may be rebutted by evidence presented
to the enforcement authority or any court of competent jurisdiction.
[Amended 5-13-2014 by L.L. No. 15-2014]
A.
A violation of this chapter by any owner, person,
managing agent, designee, or tenant shall be punishable as follows:
[Amended 5-28-2013 by L.L. No. 12-2013; 7-12-2022 by L.L. No. 16-2022]
(1)
A violation of § 270-5A is hereby declared to be a violation level offense punishable by a fine not less than $150 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense, and shall be considered a lesser included offense of all violations of this section;
(2)
A violation of § 270-5A(1) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense;
(4)
A
second or subsequent violation of this chapter within an eighteen-month
period is hereby declared to be an offense punishable by a fine not
less than $8,000 nor more than $30,000 or imprisonment not to exceed
a period of six months, or both.
(5)
For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter, other than § 270-5A and/or § 270-5A(1), shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.
(6)
In addition to any fines imposed, anyone convicted pursuant to this chapter shall be required to pay a mandatory community housing opportunity surcharge of $100. The community housing opportunity surcharge shall be paid to the Clerk of the Court or administrative tribunal that rendered the conviction. Within the first 10 days of the month following collection of the mandatory surcharge, the collecting authority shall then pay such money to the Town Comptroller, who shall then deposit such money in accordance with the provisions of § 216-6 of the Town Code.
[Added 10-25-2016 by L.L.
No. 12-2016]
B.
Additionally, in lieu of imposing the fines authorized in § 270-19A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 270-19A nor more than double the amount of the rent collected over the term of the occupancy.
[Amended 5-28-2013 by L.L. No. 12-2013]
C.
The court may dismiss the violation or reduce the
minimum fine imposed where it finds that the defendant had cooperated
with the Town of Southampton in the investigation and prosecution
of a violation of this chapter. Factors which the court may consider
include, but are not limited to, a report from the office of the Town
Attorney confirming that the defendant did in fact cooperate and whether:
(1)
The defendant reported the violation(s) to the Town
of Southampton;
(2)
The defendant assisted the Town of Southampton in
investigating and prosecuting the violation(s);
(3)
The defendant provided access to the rental property;
(4)
The defendant promptly pursued his/her/its own rights
under the lease to remedy the violation or adequately pursued an eviction
proceeding;
(5)
All violations existing at the rental property have
been promptly remediated.
D.
Where authorized by a duly adopted resolution of the
Town Board, the Town Attorney may bring and maintain a civil proceeding,
in the name of the Town, in the Supreme Court, to permanently enjoin
the person or persons conducting, maintaining or permitting said violation.
The owner and tenants of the residence wherein the violation is conducted,
maintained or permitted may be made defendants in the action.
(1)
If a finding is made by a court of competent jurisdiction
that the defendants or any of them has caused, permitted, or allowed
a violation of this chapter, a penalty to be jointly and severally
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
defendants or any one of them individually caused, permitted or allowed
the violation. Upon recovery, such penalty shall be paid into the
Town Attorney's Enforcement Fund.
