Is the rental legal? Rental permits in Southampton and East Hampton

Before you pay a deposit, ask the owner for the rental permit number. In the Town of Southampton, the Town Code requires a rental permit for rental properties, valid for two years. In the Town of East Hampton, owners must register a rental property with the Building Department. If you are still searching, year-round rentals on Hamptons Key can be filtered by town, and this page tells you what to ask once you find one.

Town of Southampton: a rental permit

Chapter 270 of the Southampton Town Code, “Rental Properties,” establishes the rule that a rental permit is required, and permits are valid for two years from issuance. The Town’s application says a safety inspection by the Chief Building Inspector, a designee or a Code Enforcement Officer is required. The Town posts the forms:

• the two-year rental permit application and a renewal application
• a “Change of Tenant for Rental Permit” form
• a rental FAQ and a code-enforcement fee schedule

According to the Town, applications are dropped off or mailed to 27 Ponquogue Avenue in Hampton Bays. The fee schedule lists a $750 fee for an expedited rental permit and $800 for a property found in violation of Chapter 270.

Code Enforcement says it investigates rental-permit violations and overcrowded houses, among other complaints. Ask the owner whether the permit is current and whether the number of occupants on your lease fits the house.

Town of East Hampton: the rental registry

Chapter 199 of the East Hampton Town Code makes it unlawful for an owner to rent, lease or permit occupancy of a rental property by anyone other than the owner or the owner’s immediate family without first registering the property with the Building Department. Owners submit a notarized registration form and a notarized self-inspection checklist, plus the latest certificate of occupancy documentation, to receive a Rental Registry Number. The Town also takes “Rental Registration Tenant Update” filings online.

The Town’s registration form carries a caution worth repeating to tenants: a Rental Registry Number does not mean every structure on the property may be legally occupied. Only structures and uses that have a certificate of occupancy may be. If the listing mentions a cottage, a converted garage or a basement apartment, ask whether it has its own certificate.

Village of East Hampton: a separate seasonal registry

The Village of East Hampton runs its own registry for seasonal rentals of fewer than 120 days. The Village says rentals of fewer than two weeks are not permitted, a maximum of two of these short-term rentals is allowed per calendar year, and more than 120 days in a calendar year does not qualify as a seasonal rental. A year-round lease, and a winter rental that runs from September to May, are both longer than 120 days and outside that category. The Village’s registry matters mostly to short stays.

What to ask the owner

1. What is the rental permit or registry number, and when does it expire?
2. Does the permit or certificate cover every room and structure you will use?
3. How many occupants does the permit allow?
4. Who is the “authorized agent,” if the owner is not the person you are dealing with?

Keep the answers in writing with the lease, and see the winter rental season if your lease ends in May. The state tenant rules that govern the lease itself are in year-round lease basics. Other villages and towns on the East End have their own rules. For a Sag Harbor or Westhampton Beach address, ask the village clerk whether a registry applies.