HomeMy WebLinkAbout2018 Rental Permits SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 31, 2018
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Town Attorney William Duffy
This hearing was opened at 8:07 PM
COUNCILMAN GHOSIO: WHEREAS, there has been resented to the Town Board of the
Town of Southold, Suffolk County,New York, on the 19t, day of June, 2018, a Local Law
entitled "A Local Law in relation to Rental Permits"now,therefore, be it
RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as
follows:
A Local Law entitled, "A Local Law in relation to Rental Permits"
207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold.
Rental Permits Local Law
July 31, 2018 page 2
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services. The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C. Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
§207-2 Definitions.
As used in this chapter, the following terms shall,have the meanings indicated:
CODE ENFORCEMENT OFFICIAL -The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector,
Chief Building Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing
Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer or
Ordinance Inspector of the Town of Southold, Stormwater Manager, Town
Engineer and such person(s) shall be certified as a New York State Code
Enforcement Official; Code Enforcement Officer.
DWELLING -A building designed exclusively for residential purposes.
DWELLING,MULTIPLE-FAMILY -A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living
independently of each other.
DWELLING, ONE-FAMILY -A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY - A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each
other.
DWELLING UNIT -A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or
grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
Rental Permits Local Law
July 31, 2018 page 3
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof; or who shall have charge, care or control of any dwelling unit as
a cooperative shareholder or as executor, administrator, trustee, receiver or
guardian of the estate or as a mortgagee in possession, title or control; including but
not limited to a bank or lending institution, regardless of how such possession, title
or control was obtained.
RENT -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,whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY -The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
207-3 Neighborhood preservation requirements.
A. Any property subject to the requirements of this chapter shall comply with all
aspects of Chapter 100 of this Code and shall insure that:
1. Steps,walks, driveways, parking areas and other paved areas shall be
maintained in good repair.
2. Yards shall be kept clean and free of physical hazards and debris.
3. Exterior surfaces of any and all dwellings, structures and accessory
structures, including but not limited to fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or
missing glass, loose or missing shingles or siding, crumbling brick, stone and
mortar and peeling, scaling or deteriorated paint.
4. Dwellings, structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
5. Dwellings, structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
6. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant to
Suffolk County Health Department standards.
7. Floors,walls, ceilings and fixtures in residential dwellings shall be
maintained in a clean and sanitary condition.
8. No bedroom or sleeping quarters shall have interior key locks or dead bolt
locked doors servicing said bedroom or sleeping quarters.
Rental Permits Local Law
July 31, 2018 page 4
9. No bedroom shall constitute the only means of access of other bedrooms or
habitable spaces, and bedrooms shall not serve as the only means of egress
from other habitable spaces.
10. Carbon monoxide alarms and detectors shall be installed on every habitable
floor of any dwelling, structure or accessory structure with a carbon
monoxide source, in accordance with the New York State Uniform Fire
Prevention and Building Code and Town Code Chapters 100 and 144.
4 207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
V07-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
&207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code
of the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York have been complied with.
B. The Code Enforcement Official is authorized to make or cause to be made
inspections, to determine the condition of dwellings and to safeguard the health,
safety, morals and welfare of the public. The Code Enforcement Official or his
designated representative is authorized to enter the subiect premises upon the
consent of the owner.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of
any premises subiect to this chapter without the consent of the owner of the
premises or without a warrant duly issued by an appropriate court.
A Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or
any other premises subject to this chapter shall be presumed to be rented for a fee
and a charge made if said premises are not occupied by the legal owner thereof. This
Presumption shall be rebuttable.
Rental Permits Local Law
July 31, 2018 page 5
§207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
4207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
1. It shall be an affirmative defense to a violation of Subsection A of this section
that the rental occupant or occupants is/are immediate family members of
the owner of the subject premises, as defined in this chapter.
B. Application review; inspection of premises.
1. The Code Enforcement Official or his designee shall review each application
for completeness and reject incomplete applications.
2. Inspection report. The owner of the rental dwelling unit shall (1) arrange for
an inspection of the unit or units and the premises on which the same are
located by the Code Enforcement Official or his designee employed by the
Town of Southold, or (2) provide to the Code Enforcement Official an
inspection report provided by the Town, signed by either a New York State
licensed professional engineer,New York State licensed architect or home
inspector who has a valid New York State Uniform Fire Prevention Building
Code certification that the structure and the dwelling units contained therein
meet all applicable housing, sanitary, building, electrical and fire codes, rules
and regulations.
C. Rental permit requirements.
1. Rental permit applications shall be in writing on a form provided by the
Town and shall include the owner's name, address and telephone number.
2. Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
3. Rental permits shall contain a description of the unit, including the number
of rooms in the rental dwelling unit, and the dimensions and use of each
such room shall be included. The name, address and telephone number, if
any, of the managing agent or operator of each such intended rental dwelling
unit shall be included.
4. All applicants must submit a sworn statement that to the best of their
knowledge there are no existing or outstanding violations of any federal, state
or county laws or rules or regulations or of any Town of Southold local laws
or ordinances pertaining to the property.
5. All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning
the restrictions on the number of unrelated persons occupying said residence.
Rental Permits Local Law
July 31, 2018 page 6
6. All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for all buildings and structures on the property;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
(c) At the discretion of the Code Enforcement Official, an accurate
Property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on
the survey, a site plan prepared by a licensed surveyor or engineer,
drawn to scale, showing all buildings, structures, walks, drives and
other physical features of the premises and the number, location and
access of existing and proposed on-site vehicle parking facilities
7. Each application shall be executed and sworn to by the owner of the
premises.
8. Any additional information required by the Code Enforcement Official.
9. All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any
issues with the property 24 hours a day. The owner of the property must file
the manager's address, telephone number and other contact information
with the Code Enforcement Official within five days of the designation of the
manager or any changes thereto.
D. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
E. Renewal of rental permits.
1. A renewal rental permit application signed by the owner shall be completed
and filed with the Code Enforcement Official on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit
application shall contain a copy of the prior rental permit.
2. A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing or outstanding violations of any federal,
state or county laws or rules or regulations or of any Town of
Southold local laws or ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior
valid rental permit and application.
3. Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are
located to take place pursuant to Subsection C(2) above.
4. The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date
has passed. If the expiration date has passed, the owner must file a new
application.
Rental Permits Local Law
July 31, 2018 page 7
F. Registered motor vehicle restrictions.
1. Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle.
X207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and
opportunity to be heard has been given to the permit holder, or the managing agent
of such rental dwelling unit, a violation of the Multiple Residence Law and/or New
York State Uniform Fire Prevention and Building Code or a violation of this
chapter or other chapter of the Town Code. Revocation of a permit under this
subsection cannot be done by a devisee or assistant of the Code Enforcement
Official.
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 public hearing on such appeal after receipt of written
request of such appeal, and after such hearing shall make written findings and
conclusions and a decision either sustaining such permit revocation or reinstating
such permit within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town
Clerk with the written request for the appeal.
4207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
X207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
4207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
2. By a fine not less than $1,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a'period of five years.
Rental Permits Local Law
July 31, 2018 page 8
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law 10(1)(h) a(9-a) and
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law 268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
4207-13 Implementation.
IIl. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adiudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said judgment.
IV. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. Applications for a
rental permit shall be accepted upon the effective date of this chapter. However, in order
to afford property owners a sufficient amount of time to apply for and obtain a rental
permit as set forth herein, no violation of this chapter will be charged prior to August 1,
2019.
I do have a signed notarized affidavit that this hearing has been advertised in the Suffolk Times,
also on the Town Clerk's bulletin board and that's it.
COUNCILWOMAN DOHERTY: If before we start we could set some ground rules, because I
know a lot of people have a lot to say, if we could do five minutes or less and try not to repeat
the same issues, so whoever would like to start?
SUPERVISOR RUSSELL: Okay.
ANNE MURRAY: Anne Murray from East Marion, I want to thank the Town Board for finally,
finally putting this forward. It's been a long time that people that have been wanting this to be
passed, especially given the story out of East Hampton this week where 32 people were found
living in a one family home, I think we all know we have the same problem in this town, maybe
not 32 people but there are pockets of places where people take advantage of immigrant workers
or anybody else who can't afford to live in the town and pack them into very unsafe homes, so I
am very glad to see the Town Board finally take action on this. Thank you.
NICHOLAS DEEGAN: Nicholas Deegan, Mattituck. As a homeowner in Mattituck for 30
years, I see no need for this intrusion of the government into the lives of the communities of
Southold Town, I do not see a defensive reason for all this code enforcement, except if you want
more of the (inaudible) government intruding into people's lives and that's where I think we are
coming from is, it's more government and it's more intrusion into our lives (inaudible). So I
think it should be a non-starter here, unless you want to (inaudible) which I think we all in
Southold town try to have a smaller government and less intrusion of government into our lives.
Rental Permits Local Law
July 31, 2018 page 9
I wish you would consider this before (inaudible), I don't see how it can be defended unless it's
about jobs and giving out jobs, more jobs and hiring more in Southold Town Hall but other than
that, I can't see, I haven't seen any of this (inaudible) I don't see it in Southold Town. Thank
you.
PATRICIA MOORE: Patricia Moore, resident of Southold Town and an attorney. I was waiting
to hear if someone would mention the East Hampton incident that was in the press, actually I
checked and East Hampton has a rental law, so the fact that the rental permit law is instituted
does not prevent the over-crowding or non-compliance with housing safety codes, so the thought
that a law will prevent that as a matter of evidence, that is not the case. I want to go over this
particular law, we had a, Southold VOICE had a program and Jill Doherty and the Supervisor
attended, I know Jim Dinizio was in the audience, so you heard a lot of the comments and I will
go through a very few of them because I've already expressed my views before. I don't want to
have to rehash, you know how I feel from the first hearing, I have not changed my mind. I still
don't believe that it is necessary, I agree with the gentleman that said it was intrusive. It is, in
my opinion, going to impact affordable housing because those that are renting to people for not a
great deal of profit are just not going to want to go through this procedure. They are not getting
a lot of money and the housing stock is already very difficult, so I don't see this as a means to
encourage additional renting. As far as over-crowding, one of the purported intentions of this
code, there is already a maintenance code. Section 100 of our town code already deals with that
issue. That maintenance code, if you just enforce it and you have enforced it, many years ago I
remember a case where I was involved where the town enforced the code and you were able to
get compliance. So, just taking the codes you have in place now will do the trick. As far as
comments about parking, well, homeowners with lots of kids, with lots of teenagers, with several
trucks and cars, resident homeowners have issues with parking. So rental and parking, I think
you probably are going to have somebody who is renting be more conscientious about providing
parking for their renters than somebody that is a homeowner, so I don't really see for purposes of
parking the need for that. We don't allow boarding houses in this town, so enforce the zoning
code if you are concerned about overcrowding in a boarding house. The law itself says it
requires certification by an owner or professional that you meet all local, county and state laws.
Well, I defy any of you to tell me all the county and state laws that you may or may not comply
with at your own home. Who knows? You have absolutely no idea, none of us do. so generally,
I say if you are dead set on adopting this and there's nothing here today that persuades you
otherwise, than at least put in a paragraph, a provision in this code that says if you have a C of O,
you have a presumption that you meet all codes because it is impossible to try to get a
professional to give a generic certification that you meet everything under the sun. Most rental
codes say you meet the town code, that's something that theoretically you have knowledge of but
that you comply with state and county laws. I am a lawyer and I have no idea. I could search it
but I have no idea. There was a comment about, and this actually appears in your maintenance
code but because it is a provision in this code regarding compliance with a rental requirements,
you can't have an interior key or deadbolt locks, what if the owner has one of the rooms or an
area bolted for personal storage? If you rent yourself house out, let's say you rent it all in
compliance with the code but you create an area that is for the owners personal private area, does
that mean that that now prohibits you from, I mean common sense would tell you that an
inspector would, you would explain it to them but they look at the code and if they are following
it and they are not allowed to use discretion, then that's in there. At the meeting we pointed out
Rental Permits Local Law
July 31, 2018 page 10
that no interior, that bedrooms can't get access to another room and I pointed out that my
daughters own home has what would have been considered in the old days the children's
nursery, it was the master bedroom, it wasn't this wonderful master bedroom that we all think of
now, the master bedroom was where the other bedroom that you went through had the children's
room or the nursery. So a lot of the older homes have interior rooms, they don't have corridors.
Would that meet current or today's requirements and fire code safety? Absolutely not but that's
the way the house was designed then. Overall, I don't think we need this. I think, again, it is just
burdensome. You are going to punish those that are going to comply because 90% of the people
in this town, if you tell them they have to go through step A through Z, they will go through
steps A through Z. It's that last 10% that may cause the problem but is it worth it, when you
have other laws on the books, to punish the 90 for the 10%, so I don't think so. Thank you.
SUPERVISOR RUSSELL: Thank you.
PAUL LOEB: Good evening, Paul Loeb, Greenport. I am a licensed real estate salesperson, so
whatever rules you put forth, of course as an agent I will follow them. I am here tonight talking
to you as a homeowner. I have a unique property which is a late Victorian that was converted
into four units in the 1950's, so it has a CO as a four family. Some of the items you are coming
across that are coming in here look like they will be problematic when it comes time for the
inspection. The first speaker spoke about the over-crowding and the houses that are packed with
people, I think it's a small percentage and the good people that are trying to run their houses
responsibly are going to be caught in the crossfire of the rules and regulations you are putting
into play. Our jobs are hard and now they are harder. I have made a couple of notes, some of
them are just in form, it says here in one paragraph, it says non-owner occupied problems, rental
dwellings can be a problem and then it goes on and it says owner occupied houses could be a
problem. I don't know why you need to put both of those sentences in, it's pretty much any
house could be a problem. But they went out of the way to tilt it towards, lead with non-owner
occupied like they are all bad. They are not. A lot of people are doing a good job in keeping
affordable housing in this town. It's expensive here. And people want to stay here. Another
point, the part about peeling paint, you know, my neighbor's house is a wreck but if I get a little
bit of peeling paint, it's a huge problem. I may be budgeting to paint my house and not everyone
is full of cash and ready to go out and spend thousands of dollars to get your house painted. It
could be a burden. I understand you want to keep the housing stock looking good but the owners
have hard jobs and it's now harder. No permit shall be issued unless all provisions of the code of
the Town of Southold, I picked up the same thing that Patricia Moore did, the town codes and the
state codes, do you have them somewhere? I don't know what they are but I still, I run an
investment property and I really don't know all these codes, I will have to be vouching that I am
following them. The maximum number of persons that are allowed to occupy the premises
pursuant to this chapter, I don't know that. The word is the state has some code that per square
foot you can have so many people per square foot but I don't know what that is. I would be
happy to learn it, I am certainly not pushing a lot of people into my house, although I could make
a lot more money if I did. I am supposed to attest to this and I don't know the answer to it. All
applicants must submit a sworn statement to the knowledge about the, once again, federal, state
and county laws. I don't know what they are. All applicants for a rental permit shall sign an
affidavit that they have received a copy and fully understand the town code on the restrictions on
the number of unrelated persons occupying the residence. I don't know the answer to that. It
Rental Permits Local Law
July 31, 2018 page 11
would be helpful, if you are going to do this, help us. We want to work with you but this is the
type of stuff that puts us at odds with you. Each rental dwelling shall be entitled to have one
registered motor vehicle for each legally designated bedroom. That is problematic, three of them
are one bedroom and the other is a studio, so now I am allowed just four cars at the house even
though I have one bedrooms and I may rent them to a couple, who is supposed to go without a
car and walk everywhere? I understand you are trying to stop overcrowding of single family
homes with lots of cars but when you get to multi-families, this language doesn't work. Because
what am I supposed to say, if you drive you can't live here. It's not fair. We go on, official may
revoke a rental occupancy, oh, the rental permit, oh, the, you know the way this is written, I
understand you are going against the really bad houses but we'll get caught in the crossfire, if I
do rent to somebody and they get a girlfriend and they have a car, I am not going to be fined
$500, the way this is written, I can be fined $500 a week until it's cured. And evictions aren't
easy and they take a long time. Tenants don't always follow your regulations, so it puts us in a
very bad spot unintentionally. I have no intention of putting 8 people in a one bedroom
apartment but just practicality is an issue. The fines, not less than $500 so you clearly have it
there that it's going to start at $500. That's a lot of money. If I have peeling paint and you
charge me $500, it may be winter and I can't paint until the spring, so I am going to be charged
$500 a week until the spring. It's just not practical, some of the text in here but I understand why
you did it. What you are doing is not helping the affordable housing and the rental market
because this new, with all this bureaucracy, less people will want to buy homes and make them
available for rental. And so we have a problem with affordable housing and this is not helping it.
And then with your start date, going with August, as a real estate agent, I request that you push
that to January 2020, because we have our summer rental period and if I put someone in a house
in July, I don't need a rental permit but August, I do and that person in the house wants to stay
two more weeks...
COUNCILWOMAN DOHERTY: Can I interrupt you and clarify that? the law will take effect
upon the filing but what we are saying is we are not going to write any violations until August of
2019.
MR. LOEB: I understand that part and what I am getting at is I wish you would push it to
January because you are dropping this right in the middle of the busy summer rental season.
And as a real estate agent, we are all going to be scrambling around, permit, no permit. If they
rent it for July, now they are going to stay two weeks into August....
COUNCILWOMAN DOHERTY: You can get your permit starting once this is adopted, so if
this is adopted say in two months, you can start getting the permits and you will be all set by this
January.
MR. LOEB: Yes, I can but the homeowner of the, as a real estate agent, if I put a tenant in in
July, if it's not a problem. if they stay in to August, it is now a problem.
COUNCILWOMAN DOHERTY: No, you are misinterpreting that.
MR. LOEB: How am I misinterpreting?
Rental Permits Local Law
July 31, 2018 page 12
COUNCILWOMAN DOHERTY: If you have a rental permit and you are good for July, then
you are good for the whole year.
MR. LOEB: No, what I am saying is the, okay, as an agent, I put someone in a house in July,
they don't need a rental permit...
COUNCILWOMAN DOHERTY: No, they do. They do need a rental permit.
MR. LOEB: But the violation doesn't kick in until August.
COUNCILWOMAN DOHERTY: But you still need a permit. So we are giving you the time,
we are not going to come in and violate you, we are going to give you the time, so if you need to
get paperwork in order, say you don't have a proper CO and it takes you longer to get the rental
permit, we are giving you time.
MR. LOEB: It's not a problem in July but in August it is a problem.
COUNCILMAN GHOSIO: No, it's a problem in July, too...
COUNCILWOMAN DOHERTY: Yes, because you still need a permit in July, if you are still in
the middle of working with the town, we are not going to go out and violate you, you know, we
are working with you.
MR. LOEB: Does the text say that? Because you know, what you put into place now, it's all
going to come back to the text and then everyone is going to be in a spot because of the text. So
to...
COUNCILMAN GHOSIO: I think it's a little unusual to allow for 12 months from the time it
passes and the time of enforcement to begin with.
MR. LOEB: Well, actually Greenport Village, what they did is they put a code on the books and
they made it a voluntary process for two or three years. It gave them muscle to go after problem
houses and then they rolled it out to the entire community, so they gave them years to work on it.
They sent letters around suggesting that you get a rental permit and then after two or three years,
they put it into a must have. So it has been done before. But at the very least, if you could push it
off till January 2020, the rental season of 2019 won't be so problematic for everyone involved.
Thank you very much for hearing me.
SUPERVISOR RUSSELL: Just a clarification, they can get the permit...
COUNCILWOMAN DOHERTY: As soon as this law is adopted, you can file for the permit.
This is not...
SUPERVISOR RUSSELL: You don't have to wait until the last minute...
Rental Permits Local Law
July 31, 2018 page 13
COUNCILWOMAN DOHERTY: Yeah, if this, say this takes affect September 1, 2018, you can
file for your permits...
MR. LOEB: I understand that. What I am saying is as an agent, as a homeowner I will but as an
agent, the person who owns the home, I can't make them get a permit that's not required. And
so now this switch over is in July and August which I am now in the mix because I rented it for
July.
COUNCILWOMAN DOHERTY: Yes but if you already know that you are renting that house
out...
MR. LOEB: For July.
COUNCILWOMAN DOHERTY: You still need a permit if you rent it for July.
MR. LOEB: But it's not enforced.
COUNCILWOMAN DOHERTY: It is going to be enforced but you are not going to get fined.
We are not putting out fines, we are not going to put out tickets.
MR. LOEB: What I am saying is, if you do the switch over in January, you avoid putting people
in the spot where they are going to get fined.
COUNCILMAN GHOSIO: That is what we originally said, January 1, 2019.
MR. LOEB: No, 2020 would be my preference.
COUNCILWOMAN DOHERTY: We were saying 2019 but we are willing to push it to August.
SUPERVISOR RUSSELL: Inaudible....six months later as a result of the input we got the last
time.
MR. LOEB: I understand that, I'm saying it would be helpful if you pushed further because
there is going to be some unintended consequences of switching over in the middle of the rental
season with people who have not followed the rule and now in August it is a punishable fine and
we are in the middle of it...
COUNCILWOMAN DOHERTY: We will take it under consideration.
SUPERVISOR RUSSELL: Yes, we will take it into consideration. If you know you are going
to rent it out for the season, why don't you apply for the permit in June?
MR. LOEB: What I am saying is, they rent it for July and now the tenant is having a nice time
and they want to at
into August...
COUNCILWOMAN DOHERTY: So they already have a permit though...
Rental Permits Local Law
July 31, 2018 page 14
SUPERVISOR RUSSELL: Why wouldn't the landlord, why wouldn't the property owner get
the rental permit in June? That takes care of the whole summer.
MR. LOEB: Have you met my clients? They don't always follow the rules.
COUNCILWOMAN DOHERTY: Then they can't rent at all.
SUPERVISOR RUSSELL: That's an issue between you and your clients, that's not an issue for
us.
MR. LOEB: What I am saying is, if you switch it over in January, it won't be a problem for
anyone (inaudible).
COUNCILWOMAN DOHERTY: If they are not going to get a permit for August, why would
they get a permit in January?
MR. LOEB: You are missing my point, I am saying as an agent I am in the middle of it, I am
okay in July but I am problematic in August, so when you do it in January of 2020, I won't take
the listing at all because they don't have the permit. But,you follow the point I am making?
COUNCILWOMAN DOHERTY: Yes, I do.
MR. LOEB: Thank you.
SUPERVISOR RUSSELL: Mr. Lademann had his hand up before, so I will let him go and then
you go.
JOHN LADEMANN: I am not in favor of this any bit because I've already, don't like
something else in this because if the inspector wants you to have your property surveyed, then
that costs a lot of money. And that's ridiculous, if they can't find monuments, if there's no fence
up, you have to spend another, up to $3,000 to have your property surveyed. For this man's idea
that you know, you have been paying taxes on it, the property I am talking about, the family has
owned it since 1945 and we pay taxes on it and you put something like that in there that's going
to give him the right to (inaudible). Nobody can answer that. Why is it in it?
COUNCILWOMAN DOHERTY: It is discretional on the part of the code reviewer.
SUPERVISOR RUSSELL: The code enforcement, he has the right to ask for it, it is not
mandatory.
MR. LADEMANN: He has the right to ask?
SUPERVISOR RUSSELL: He has the right to ask for it, it is not mandatory.
MR. LADEMANN: Who gives him the right?
Rental Permits Local Law
July 31, 2018 page 15
SUPERVISOR RUSSELL: The new law would.
MR. LADEMANN: Been paying taxes on it for years.
SALEM KATSCH: Salem Katsch from Orient. I could say that in Orient we don't have the
kind of problems that are subject to the legislative finding here, we are in an association, I am,
and any kind of substandard housing, even a house that's peeling paint would not be tolerated
very well by our community. So there are areas that should not be covered by this law....
COUNCILMAN GHOSIO: I am sorry, I have to ask this question...
MR. KATSCH: Sure.
COUNCILMAN GHOSIO: Who is your enforcement agency to make sure that the paint is not
peeling on your house?
SUPERVISOR RUSSELL: Have you ever met the Orient Association?
MR. KATSCH: No,that's just one of our associations.
COUNCILMAN GHOSIO: There's a difference between enforcement and shaming your
neighbor into doing something.
MR. KATSCH: Well, you know, I thought a lot of us are good republicans and look to private
remedies rather than over-regulation. I have to say, I am a lawyer and I used to write legislation
and this legislation is just not, in my opinion, a workable, professional job. You have in the
statement of legislative findings, `determinations' and `findings' that there is serious conditions
arising from non-owner occupied rental dwelling units in one, two, three family and multiple
dwellings, substandard when in violation of the code, well, what is the answer to the question of
why aren't you enforcing the code? Is there an answer?
COUNCILMAN GHOSIO: How do you get in to inspect?
MR. KATSCH: You can't get into inspect under this law without a search warrant.
COUNCILMAN GHOSIO: Or the permission of the person who is applying for the...
SUPERVISOR RUSSELL: Can I just, I am sorry, can I just remind the Board to speak into them
microphones. It is turned up, it's just the quality of the microphones.
MR. KATSCH: It is not that easy to enforce all these laws when you have one code enforcement
official. I mean...
SUPERVISOR RUSSELL: Three and a half, as a point of correction. Three full time and one
part time.
Rental Permits Local Law
July 31, 2018 page 16
MR. KATSCH: Three and a half to fix these `serious conditions' that are throughout the Town
of Southold that require this law, that you are going to do all these inspections, that are going to
issue all these permit. Have you considered all of the forms, three and a half code enforcement
officers? You are going to have what you have with the short term rental law, no enforcement.
It was predicted then, it's the case today, everybody knows it. I think if you have findings, what
are they? Where are they? Is there a report, was there a study, is there a survey? How many
substandard houses are there? How many situations are there of over-crowding? I mean, with
all due respect to Ms. Murphy, we've had enough anecdotal evidence, it's not evidence and it
bothers me a lot because you know, legislative scenario and we are not a small town anymore, is
there would be some fact finding by the Town Board or by people hired by the Town Board.
They would come forward with a report, the report would be issued explaining all of the details
of these laws and answer some of the micro questions that have come up here because to comply
with this is not going to be easy. But we have no report, we don't know what your findings
were, we don't know where the findings and determination of serious conditions comes from, so
we are not in a position to evaluate...you guys work for us, right? Where are the facts? I mean,
everybody can come up with an anecdote but there really should be a study.
COUNCILWOMAN DOHERTY: Can I respond to that? There doesn't have to be a study for
everything we pass up here and my concern and you said it yourself, is the safety aspect and, of
our community. And we don't have to wait for something serious to happen before we try to
keep our areas, our residential areas safe. We have had'a couple of fires in recent years where
our fire departments have gone in and walls are built in a center hall colonial where there
shouldn't be. I don't want to see our volunteer firemen get hurt because somebody is trying to
make more living space. You know, it is expensive to live out here, it is a preventive, a lot of
times you have a reactionary code. This is not a reactionary code, this is a preventive code.
MR. KATSCH: Well then there are no findings, there are no determinations that serious
conditions exist...
COUNCILWOMAN DOHERTY: We've had a couple of issues, yes but nobody says we have
to have a report and findings before we enact a code.
MR. KATSCH: It says you have some...
COUNCILWOMAN DOHERTY: And we have some.
MR. KATSCH: And you have determinations and that there are serious conditions and the fact
that you've had two fires to my mind...
COUNCILWOMAN DOHERTY: It's been more than two.
MR. KATSCH: Now it's more than two. Well, where is this...
SUPERVISOR RUSSELL: Can I offer commentary? Actually, the fire departments are the
closest to the inventory in Southold Town. When you get feedback from them regularly,
Rental Permits Local Law
July 31, 2018 page 17
anecdotal works just fine in a small town. You do not need a comprehensive study, that is
specious.
MR. KATSCH: This is not a small town anymore.
SUPERVISOR RUSSELL: Oh, it really is.
MR. KATSCH: Oh, no it's not. And you have an obligation, if you are going to say in a piece of
legislation that you have found there to be serious conditions but you have talked to some fire
people and they say it would be great to have all these inspections, fire people want more
inspections, that's their mentality, of course it is. But you guys are over regulating.
SUPERVISOR RUSSELL: Okay. Inaudible because I have concerns about the law myself but
you just disparaged the fire departments, members town-wide, it's not that they want more
inspections, it's that from their field knowledge, from going out and dealing with the real
challenges in the field, they bring those concerns back to us and we have an obligation to
represent all constituents...
MR. KATSCH: You get from that to this is light years away.
SUPERVISOR RUSSELL: I don't agree.
MR. KATSCH: You are saying here (inaudible)
SUPERVISOR RUSSELL: But to say light years away is ridiculous.
MR. KATSCH: You are saying the reason for the law is that the laws aren't being enforced, so
you are going to come in and pass a law to enforce laws that aren't being enforced? That's what
it says here. I am not making this up. You are saying the laws are not being enforced, therefore,
we need this permit law. Let me go on, there are some specific problems with the law, I don't
know if you realize it but the law says that every house, every property subject to this law must
meet all the requirements. Now, my house is subject to the requirements of this law but I don't
rent but I am subject now to the requirement in this law that says I can't have a lock in my
bedroom.
COUNCILWOMAN DOHERTY: That is New York State building code.
MR. KATSCH: New York State building code says that a bedroom can't have an inside lock?
COUNCILWOMAN DOHERTY: Not a bolt lock.
MR. KATSCH: But a lock? You think somebody is going to rent a home to a couple and some
small children and not have a lock on the bedroom, they will use a wedge, I mean, come on.
People want privacy. This is minute regulation of a sort that republicans like us don't want. And
there are less restrictive alternatives which is a very important concept in law, to have less
restrictive alternatives to the extent possible. Let me just quickly, I took a lot of time, sorry, it is
Rental Permits Local Law
July 31, 2018 page 18
very good that you have provisions on monitoring and regulating inspections and the need for
search warrants, there have been times and now I will share some anecdotes where people that
don't like the next door neighbor go around with cameras and trespass and take pictures, all the
other things that, and sometimes at the request of a code enforcement official. Someone makes a
complaint, they say well, go take pictures and show me. That should be outlawed, the town
should not be encouraging people to go inspect their neighbors properties. You have a provision
here that if there is a revocation of a permit, they should appeal to the Town Board. The Town
Board, notwithstanding the heading on this section that says the Town Board has no appellate
jurisdiction, in fact, the Town Board has no appellate,judicatory jurisdiction. This is a provision
for taking an appeal to the Town Board for a decision of the enforcement officer to revoke a
permit, you don't have jurisdiction to do that. I could, I would be happy to work with the Board,
I mean, I am in favor of permits. I was in favor of permits during the short term rental debate,
when the Supervisor came out dead set against permits and he wanted an absolute ban.
SUPERVISOR RUSSELL: It's this Board did, it wasn't the Supervisor.
MR. KATSCH: I am sorry, you made the statement that the Board, yes, that's correct. The
Board said no permits, so you can't rent for two weeks but you can rent for two weeks and a day.
And now this law is superimposed on that one but this one isn't in the zoning code, that one is in
the zoning code so I don't know where that leaves the two laws together, this Councilwoman
Doherty I think it was during the short term rental hearings made a point that that was a short-
term, stopgap measure and it was going to be rationalized in the context of a broader rental law.
I think there should be a broader rental law, a good rental law but not one that goes into such
minutiae of control and regulation, chipping paint, bedroom locks, I mean, I just think we have
come a little too far for that. Anyway, thank you very much for your attention.
TOM MCCARTHY: Good evening, Tom McCarthy, Southold. I agree wholeheartedly with
what the last gentleman said. I think what we are winding up with is a donkey and I think it's a
code made by committee with feedback from the public, we are going to wind up with something
we don't really want. I echo the comments of Paul Loeb before, if he has multiple people in on a
home but you don't have enough room to park. Why do we have parking requirements as well
as occupancy requirements? If you have a bedroom that can occupy two people, by the square
footage requirement of the NYS building code and you have four of them, you are legally
allowed to have eight people. Your code says you can have only five cars. I think you are
winding up with a donkey. I think there's a lot of things in this code, albeit well-meaning to try
to preserve the life, safety, well-being of the residents of Southold but I think you are taking our
rights away from us with every paragraph in this code and I am wholeheartedly against it.
Again, as we met on Saturday morning, I very much appreciate the people that came to the
Southold VOICE meeting, Scott and Jim and Jill, in this code I cannot let a friend use my house.
You are taking my rights away. Is that an oversight? It has to be either family or an owner of
the property. I can't allow my friend to use my house? You are taking my rights away.
COUNCILWOMAN DOHERTY: Excuse me, let me interrupt, I don't see where you...
MR. MCCARTHY: It says a family member or an owner.
Rental Permits Local Law
July 31, 2018 page 19
COUNCILWOMAN DOHERTY: If you are not renting it to them, you are letting it to them, you
are letting them use it then it's not........
MR. MCCARTHY: It's refutable proof to a violation. Do you mean a violation has to occur in
order for us to refute that we have evidence to the contrary? I think the language is really poor. I
think the whole thing should be thrown out, start over because I think it's the solution looking for
the problem. I really think that we ought to go back to the drawing board, throw this whole thing
out and come back with exactly what's the problem. What is the correspondence we received
from every fire department? Like this gentleman said, what's the study, where are the violations,
where is the communication from the fire departments, how are we looking at, do we have a
mechanism for each one of the departments in our community, to go for the next six months and
give us some feedback, objectively, where are the problems and how do we see them. Why don't
we go back and analyze that and then come back with something that works that solves that
particular problem. But I think this is a law that is a solution looking for a problem. There's
many things in here, as Pat Moore said previously, there should be a presumption that if you
have a CO, that you comply. The placard right in front of us, Town of Southold 1640, we didn't
start CO's until 1957 and what do they say? CO for a single family dwelling. The building
inspector has no idea what the bedrooms layouts are, if they are interconnected or not, some of
the original homeowners don't know and some homes don't have CO's. I think what this
legislation, what you are doing is you are going to leave a lot up to policy making by the building
department and I think that's dangerous. Policy making by the building department how do we
enforce what the intent of this is? I think it's extremely dangerous. The portions of the code that
deal with you have to attest to every single law that's in the nation, including probably reciting
the 16'h amendment before you can get you know, a rental permit, I think it's overbearing, 100
percent. Right now,just for instance, there have been codes that have been changed in our town.
You used to have a railing on a deck if was over 18 inches, so you couldn't fall off of it, then
they changed it to 30 inches and then moved it back. Which code are we attesting to, that our
homes comply with. There's moving targets every single day and it's got to be up to the
interpretation of someone other than this board in order to put that in place and I think we are
setting ourselves up for failure, for discord from our members of the community that hired you
folks to look out for our best interests but I don't think this piece of legislation does it. I think it
creates more problems than it solves and there's just multiple issues throughout the code,
although it is well meaning, but every single paragraph in here is taking away the rights of tax
paying citizens in this town that have hired you folks to do what's in our best interests and I
don't feel that this piece of legislation is. I suggest that you go out, commission a study, let's
look at the facts and let's analyze it together as a community because I don't think this piece of
legislation is doing it. Thank you.
SUPERVISOR RUSSELL: Tom, can I just ask a quick question? Would you support a rental
code if it was drafted differently? Do you believe in the concept of a rental code?
MR. MCCARTHY: Yes, I would. I would like to also add for the record, I am a real estate
broker, I have had my license for over 30 years. I own rental properties in the Town of Southold,
I own them in the Town of Riverhead, I own in the Town of Southampton. This is really
overbearing. There are renewal provisions in the other towns, I just received them from the town
of Southampton, there is not a re-inspection on a renewal, okay? You have to go along with it,
Rental Permits Local Law
July 31, 2018 page 20
there's not a physical re-inspection but there's a renewal of the paperwork. This code doesn't
say if I sell my house or at least I didn't see it there, does the permit run with the land or is it
with the owner? If I bought a property that had a rental permit, do I assume that that comes
along with it or does there have to be another inspection? There's just so many different things
in here that are, as the Southold VOICE community put together, unintended consequences. And
I think we really need to go back to the drawing board, identify the problem and then look for a
solution that solves that problem. But yes,J am in favor of life, safety and protection of all the
residents in Southold Town. I agree 100 percent with your attempt but I don't agree that this is
the vehicle to get there.
SUPERVISOR RUSSELL: But rental permit, if it was more, if it was better crafted?
MR. MCCARTHY: Only for the instance, Scott, that we can't enforce the codes that are on the
books, which this gentleman just put out there, if our finding is that there are violations of those
codes, if there are violations, why don't we have the teeth to do it and is this the only mechanism
to get the teeth to enforce the other codes that are not being enforced.
SUPERVISOR RUSSELL: So, yes? For a rental code?
MR. MCCARTHY: If it was very watered down and it was easy, it wasn't punitive to the
residents of the town.
SUPERVISOR RUSSELL: Fair point. Thanks. Who else would like to address the Town
Board on this?
ROBERT LYNAM: Good evening, Robert Lynam from Peconic. I am speaking on behalf of
Marissa Cardinale who was unable to come to the meeting. At the Southold VOICE meeting last
week there was no opportunity to ask Jill Doherty what she meant by her introduction of this
proposed law. She said she backed the law to `protect our way of life and that she could see
where we would be in five years if we did not adopt this law' I would like Miss Doherty to
define what way of life she feels is under threat and exactly where we will be in five years in
your view. But first, let me say what five years of this new law would do to Southold. Southold
senior homeowners will no longer have the option of supplementing their income with seasonal
rentals. The seasonal rentals, the summer people, will have nowhere to stay but hotels. All the
local owner run businesses that depend on summer visitors who have rental homes, fish markets,
farmer markets, infrastructure that is supported by hundreds of visitors who temporarily set up
housekeeping, that will be gone. Instead there will be pressure to build resorts, big hotels that
put the tourism dollars into the hands of large corporate interests instead of individual
community members. Large hotels and resorts that will bring concentrated traffic in the summer
and a ghost town in winter, where visitors remain on a resort rather than bring their dollars into
the small businesses in Southold. This is the way of life that this power grab, property rights
stealing law will create, a very different Southold. Sincerely, Marissa Cardinale.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board?
Rental Permits Local Law
July 31, 2018 page 21
BILL CASSIOPA: Bill Cassiopa, New Suffolk. I have rental properties in most of the hamlets
and I go out every day and work on rental properties, whether it's inside or outside and I feel like
I am missing something because there's many neighbors on the block next door to the house that
I own, that live there and they are owners and their house looks terrible and they don't take care
of it and the probably have all kinds of bad uses and hazards and whatnot and yet it seems like
they are going to run scot free. These laws, as I understand it, does not apply to a homeowner.
So where's the right, where's the justice in that if there are landlords and I think most of them are
landlords who are very responsible and take care of their properties and make them look good in
the areas where they are, so with these regulations and I haven't read all of them but I will, the
idea, if it's an older home and it needs to have leaders and gutters which might not be on there
because there never where any on there, it's a real burden to many, many people who are
landlords trying to do the right thing in the Town of Southold. Thank you.
SUPERVISOR RUSSELL: Thank you.
JACK REARDON: Hi, everyone. Jack Reardon. I live in Greenport but I own a rental property
in Laurel and I would like to thank you for allowing us to speak tonight. I too was at the
Southold VOICE meeting on Saturday and heard a tremendous number of good ideas. I am new
to this topic myself but it does personally impact me and my family, so I figured I better take my
opportunity to say something. I would like to thank everybody who came to speak up also
because it is not easy to speak in front of a crowd. And you know, basically, it's the choirs
talking to the choirs. You know who's out here and we know pretty much where everybody
stands on the Board. And you asked us not to reiterate ideas and things that were said by other
members and by gosh, that's all we got, all the things I want to say have already been said
basically, so I am going to continue with going over some of my issues as well and some I hadn't
thought of. Certainly, let's start by just trying to articulate the problem. I go, I look at this law
and what's the problem, what's going to be the solution? And the problem seems to be housing
and there's a couple of kinds, there's long term, there's workforce, there's personal and there's
like the weekend people that are here for really, I think how this all started, the Airbnb issue and
now we are all caught up in a bigger topic. The other day I was speaking to my neighbor who
lives in Greenport but part of his property is in Southold, so he is going to be affected by this, he
is an elderly guy,-he is on retirement, so he is on a fixed income. He rents his house to a family
that keeps an eye on him and maintains the place but you know, by interpreting this, now he may
be in for a survey which could run anywhere from a few hundred to a few thousand dollars, he's
in for the permit, the re-permit application and who knows what other things and that brings me
to the other things I want to discuss, with just who's going to be looking at what inside your
house. Now I have a little bit of experience with this, like Mr. McCarthy I have a house in
Southampton Town and I found their permitting process to be dehumanizing and a little
humiliating but I got on board and you know, I did that. it's good if you are an absentee owner
and you are renting the property and that's your income, you need to follow certain rules and
regulations. The most important would be fire and safety, egress in and out. After that, it
becomes somewhat of an opinion. With my experience, there was electrical and that was,
anecdotes up the whazoo about that itself, there was the potential of the health department which
then would lead to a septic system which would lead to a whole new approach because we can't
have people spending $20,000 just to rent their house out. So this law, though, touches on, it's
essence is correct, I believe it's purview is tremendously overbearing. No one wants the
Rental Permits Local Law
July 31, 2018 page 22
government to regulate their bedroom and that's what this does. I don't want the government to
regulate anything on my property though I do have to abide by that. you know, we all pay a lot
of money, we do have the right to do and represent ourselves on our piece of property the way
we want and if we want to rent out for a weekend to someone, we should have the right to do that
because it's not a business, we are not doing it to put anybody out of business and we are not
doing it on a regular basis, okay, and so my neighbor, we are chatting about this and he goes,
grandfather everybody who's renting now, just make everybody and then all the new people,
make them do it. I don't know if that's the right answer (inaudible) and I heard Paul Loeb talk
about pushing dates back and it's funny because I wrote stuff down the other day, January 1,
2020. That was the date I wrote down and,I think after the Board considers reconsidering this
writing of this law and I think what you need is some input from your constituents here, as well
as yourselves, to articulate the best they can but somewhat not specific. Like I really don't want
my house to be inspected by someone who might then bring in, the electric people, the water
people, the health department people, the'building department people because the inspector
deems it by their opinion, that's not right. you know, a center hall colonial that has a wall put up
inside, people are allowed to do that, it doesn't change anything about the house. You know?
That's allowed, that stuff. And then some of the other things here about maintaining things, I
have seen plenty of clay tennis courts that are not maintained, weeds growing up through, I guess
that's a personal thing, you know, the age of the house is going to dictate the deterioration or the
newness of anything on the structure and there are a variety of other things, I would just like to
articulate a few of them, no bedroom or sleeping quarters shall have an interior lock, you know, I
like to keep people out of my bedroom sometimes, not that I want to keep anybody out but if I
was renting I would want to keep renters out, the history of the architecture, we've talked about
that, how some rooms are egress to other rooms and that's just the essence of the structure and
these are all tough things to address in a, like this. I suggest, what I would like to see the Board
do is stagger the implementation. I heard supervisor Russell say there was going to be no vote
tonight, he was going to postpone it, I would like to see a tabling until we get it all rewritten and
figure out a good implementation, I like the implementation of 1/1/20 but along with that, people
should be allowed to volunteer and sign up, I would do it, I would get it all out of the way but
there shouldn't be any rushing to, for this, because we have all seen it in all of our jobs, all of our
lives, that the person that comes in and makes this big change and then we do have these
unforeseen consequences and there's a lot of back-stepping. Here's an opportunity to do it in
sort of an appropriate way and you have got a lot of people that are probably like, you know, I
will read it, I will give you my ideas. And there are plenty of people in this town that have got
plenty of time on their hands that, will help you. without going into all of my minutiae, I would
like to say thank you very much for having me to speak and I am trusting that we are not going
to rush into this and that we are going to listen to your constituents and keep the government at
their distance and keep us in charge of our property. Thank you very much.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this
hearing?
MARIE BENINATI: Marie Beninati, I am also a broker and I live in Southold. I am not going
to repeat any of the things per your request, Jill, but I do want to say a couple of things. I don't
support this, I don't think there's a need for it. I think the issue of enforcement is there and you
all have to figure out how to make that work. I would, not guess, probably know, that the
Rental Permits Local Law
July 31, 2018 page 23
members of our fire departments, the members of our law enforcement, they know where these
homes are. They know the buildings that have the violations. Why aren't we doing something
about that? There is code on the books, there are penalties I was told on the books and yet we
have a whole bunch of penalties in this code. Not in the helicopter code but in this code. There
are issues with the law that need to be addressed, you have heard people say it over and over
again. I would urge you to gracefully take a step back and do what you are hearing this evening.
start all over, start all over. We don't need to copy some other towns code. Start over and do
what is right for Southold Town. There is no question, this is intrusive, it's overbearing, it's
punitive. It's not what you want, I know it's not what you want. It's certainly not what we want
in this town. We can do what needs to be done to protect people but we can't do things that are
going to get those people who are living in rental apartments that they can barely afford, they are
going to lose them, they are going to be thrown out. There is going to be major upheaval in this
town if we don't go about this in the right way. It's wrong for people not to protect people in
their homes, not to follow fire code, building codes and all those things, its wrong. But you
know who they are, do something about it. Alright? And as far as this is concerned, put a
committee together and get the best thinking of the town and get the right solution for this. a
permit is not going to give you the solution that you want. Those fires wouldn't have been
stopped by a permit, I am sorry. I don't think they would. So I wish you good thinking, I wish
you gracefully to step back and come up with a much better solution for Southold Town. Thank
you.
DUNEWOOD TRUGLIA: Dunewood Truglia, I am not going to repeat anything that I heard
tonight, I think it was all excellent, some points made especially some of the presumptions that
should be in that law that are not. I urge the Town Board not to kill a gnat with a hammer.
Thank you.
SUPERVISOR RUSSELL: Please.
LESLIE CLEWIS: Hi, Leslie Clewis. I am not going to repeat anything either but I do have a
couple of questions. These ordinances that you are trying to enact into law are going to affect
other individuals in the community and our community and I say our community though some
people may say because I don't live in the home full-time year round, I mean, I have the right to
the opinion. Let's make it clear, we pay the taxes, we maintain it. So, there are properties in our
community which, yes, show a little wear and could use some assistance. These homes are held
by individuals who may be struggling financially. So how will implementing this law help those
individuals? Are we just going to boot them out of the community, eventually turn around and
say well, you have reached a certain level of fines we are going to take action and take over your
home? You know, I understand that everyone wants to look around and see the world beautiful,
well, beauty comes in many different ways. In compassion for your neighbor, in assisting those
around you and giving in a little bit and not being so self-interested. You know, in our
community the short term rental has been a major discussion, a major issue, yet in the past six to
seven years, property values have increased almost 100 percent. That is a major gain even with
those homes that show a bit of a blemish. I live next to one, it doesn't bother me. We know the
family, those individuals have suffered some hardships. What is going to be done to assist them?
Are you going to force them out of their homes? That's the question you need to ask yourselves.
I would like to address the parking issue. That needs to be based upon capacity of a person's
Rental Permits Local Law
July 31, 2018 page 24
driveway, not their bedrooms. There are already laws in place for nuisance problems in a
community. If someone is blocking a street, you call the police, they come and make them
move, if they don't move you tow them out of the way. We have other issues in our community
that are not being addressed. We are right on the sound, we have, actually yesterday I was
limbing up some trees in the front yard, clearing out debris and I found crack bags on my
property. But you know what? I live in a community where everyone watches out for everyone.
No one saw this happening, the activity, two weeks ago I had a meeting with Chief Flatley and
another neighbor because of the nuisance created by the fishermen who camp out behind our
houses all night long. You see flashlights, going up on people's house. Nothing is being done
about this. In that discussion with Chief Flatley, I said one of the officers claimed this was a
park area. It's not a park area. East of Goldsmiths inlet is the park area, yet, we are suffering
these problems. Theft has occurred on the homes right off the beach because of these problems.
We have had another resident who, two summers ago, someone attempted to break into his home
because of these problems. So I say we are looking at safety in the community, let's truly look at
what we can do to maintain a safe community because we have people who expose themselves
on our beach to urinate because they have been standing out there eight hours and ten hours in a
day fishing. In a family community, it's not a nudist colony. But I don't hear discussions about
this. In regards to people's homes, we have a right, we are paying taxes. We are maintaining.
The people who have taken and done short term rental in our community have all helped in
improving it and the fact is, the people they bring in bring money to our community. They are
spending it in the community, they are helping to bring jobs to the community. So think twice
please. Pull it back a little bit and think it over.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board?
BENJA SCHWARTZ: Benja Schwartz, Cutchogue. More specifically, Fleets Neck.
Traditionally a seasonal neighborhood of Southold Town of which there are many and I am an
advocate of rental registry. However, this law is over the top. But I think that we do need to
start to get a handle on the issues of rental properties. I would like to know and for you to know
and have better idea of the various compositions of neighborhoods. There's been a gradual
change from seasonal community to year round community where I live and I think that is
having serious impacts on our qualities of life etc. we are not going to go backwards, you know,
seasonal home ownership, eh, you put up with some parties and stuff in the summer except if
they are setting off fireworks all summer long etc., that shouldn't happen with or without the fact
the residence is being rented but I do think if the residence is being rented, that is something that
I would like to have our local government know which house is being rented and perhaps collect
a small administrative fee but not to impose draconian requirements, keep your room neat. You
know, I don't want to see the code enforcement going into people's houses looking for that sort
of thing whether the house be owned or rented but and I don't think that you could impose a
registry or permit requirement on homes that are used seasonally, maybe not a permit
requirement but as working with the federal government in the last census, I think it was 2010,
they do ask people are you living here year round or are you here seasonally? And I think it
would be a good idea for the town to take note of that and also to impose a rental permit required
for rental although there might need to be exceptions for preexisting uses, seasonal rentals and
year round rentals may have some different requirements that apply them, I don't see that here.
This is just a ban. Thank you.
Rental Permits Local Law
July 31, 2018 page 25
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board?
The way I view this is as an opportunity for the town to get input and the concerns and then
maybe as a two way discussion so you understand what we are trying to wrestle with and some
of the difficulties. The CO, if you have a CO, you ought to be able to rent it, I agree with that
100 percent. It's nice, it's streamlined but just so you know, how do I deal with the houses that
have gone through fundamental changes over the years without building permits? One of the
problems we have is houses that have CO's and firemen are going into that have been split up
into two or three units. That's a challenge that we have to overcome somehow. The issue with
regard to also just issuing a permit without requiring something, I am not sure we have the legal
right to sanction a use without making sure it's compliant with NYS safety and fire code. Which
I want to mention, a lot of these issues aren't arbitrary, they have come from other sources like
the NYS building safety fire code. The absentee landlords, look we have got to put this on the
table, I recognize that it's difficult to regulate every blade of grass in a home but what do we do
about the people that have been offering the homes for rent in another community for years and
haven't put a penny back into the site? There needs to be an understanding that there has to be
some measure of accountability, community standard there. One thing I will have to say, Marie,
I appreciate what you said, the overcrowding, the problem is, how do we establish that? Under
the current code, what code? How do we establish that there's seven, eight or nine people in that
home? We have no legal vehicle for doing that right now. That's one of the challenges that we
have been dealing with for the past decade is dealing with this overcrowding and trying to
establish probably cause. You can't just knock on doors and force yourself in. One of the things
I would say is the parking, it's a tough issue for us because you don't want too many cars there, I
know the gentleman said you can just have the police remove the car from the road, they can't.
If they are legally parked on a public road, you cannot make them move the vehicle. So that's an
issue we have to somehow come to grips with. One of the things I will say, one of my biggest
concerns from the beginning was the displacement of people, what do we do if they are not
compliant? When we had a, oh incidentally, I do want to comment, when you said the rental
code wouldn't stop that fire, those fires, yeah, that's the point. That's why you need a rental
code, to prevent that from happening in the future, one of the issues. But I am concerned about
displacement. If we all of a sudden find a lot of rental units where the owner isn't interested in
continuing to rent because of the code or people simply can't occupy a home for all sorts of
safety reasons. We have struggled with displacement issues in the past, trying to find homes for
people, alternative housing. When we had the fire in Peconic, 27 people living in one home, I
had a heck of a time trying to find alternative housing for them because most of the resources are
maxed out, so I do recognize that is going to be a problem.
This hearing was closed at 9:16 PM
El"ethA. ville
Southold Town Clerk
Neville, Elizabeth
To: ploeb315@aol.com; Russell, Scott; Doherty,Jill; Dinizio,James; Ghosio, Bob
Subject: RE: URGENT - Southold Township Rental Permit Comments - Paul Loeb
Attachments: Printout-14273-1034-M48336.pdf
Mr. Loeb,
I am sorry did not see your e-mail at 3:30 PM this afternoon. I just returned to the office after the 4:30 PM Town Board
meeting and saw your e-mail. I will add your comments to the file. Please do not be concerned. The proposal from the
June 5, 2018 Town Board meeting was withdrawn. There is a new public hearing with further changes to the rental law
scheduled to be held on July 3, 2018 at 7:31 PM.
I will attach a copy of the resolution adopted tonight setting the new date for the public hearing on the revised proposed
with the changes.
From: ploeb315@aol.com [ma ilto:ploeb315@aol.com]
Sent: Tuesday,June 19, 2018 3:30 PM
To: Neville, Elizabeth; Neville, Elizabeth; Russell, Scott; Doherty, Jill; Dinizio, James; Ghosio, Bob
Subject: URGENT- Southold Township Rental Permit Comments - Paul Loeb
Can one of you please reply to this email to confirm my remarks will be made part of the public comments record?
I was unable to attend the June 5, 2018 public hearing meeting but I watched it on television over the weekend.
I tried to find the Rental Permit Code on the Town website but I could not find it. On Monday, I called the Town Clerk's
office and asked who I could speak to about the new Rental Permit code. They told me I needed to speak to the Town
Attorney's office and gave me the number. I called the Town Attorney's office promptly on Monday and requested a copy
of the Rental Permit code and told them a little bit about my circumstances. I was told the code was being revised and
they took my name and phone number to call me when they had a draft Rental Permit code they could give to me. I
called back this morning and was told they were in a work session and they took my email to send me the draft Rental
Permit code once it was ready for review. I hung up and they called me back and told me I needed to speak to the Town
Clerk's office (this is where I started on Monday) and Linda Rudder could help me. I called over there and she told me the
public hearing was tonight at 4:30 if I wanted to make comments. I am out of town. I can't come back for 4:30 meeting. If
someone had told me yesterday when I called, I could have rescheduled my appointments but it is too late to drive 100
miles to speak. I am told after the 4:30 meeting they may leave it open for public comments or they may just accept the
proposed code. I was told I could send this email and my points will be heard.
1) The town website states the township celebrated its 375 anniversary in 2015 and that would make the township now
378 years old. We have gone this long without a rental permit code. Why the hurry to get it all done by October? The
Village of Greenport created a rental permit code and process several years ago. They passed the law and started out
over the 1st year by requesting compliance and then after a year or two compliance was made mandatory. This is a more
civil approach with consideration for the property owners, their time and their money.
2) 1 am all for a rental permit process but trying to make all rental property owners scramble to get all their documents
together and isubmitted by this short imposed deadline doesn't seem fair and reasonable. Many of the owners have
made plans for the year and they didn't include scrambling to get rental papers, repairs, etc. in order. Many of the owners
don't even know this process is taking place. Don't you think your hurried-ness will cause more cases of non-compliance
then rolling this out in a more systematic, professional manner?
4) If any of the properties require professional services (surveys, architects, contractors to make repairs) you are making
the property owners scramble to get these professionals during peak season when 2nd home owners are getting repairs,
surveys, etc. I recently called three engineers on another matter. Two of them didn't return the call and one texted me
but when I explained the problem, they never got back to me. These professionals are all very busy. Perhaps with your
good positions in the town you don't experience these problems, but I do regularly. The work can end up being harried,
cost more and benefit what?
5) 1 own a rental property that was built in 1910 and legally converted to a 4 family house in the 1950s. I believe my
property is in good order but I don't know what your inspectors may consider that I am unaware of. I don't know how
1
much tiAiie it will be to make any repairs they require or what the cost will be. If the inspector doesn't like my gutter system
and wants me to add drywells, most of my property is within 100 feet of marshland and will require Trustee and possible
DEC approval to add drywells. I don't think I could get through the process in the short timeline your code is forcing me to
adhere to, not to mention the cost. Are you offering low cost loans to property owners who need to make repairs or is it a
given that everyone is rich and can afford to promptly make your required repairs without budgeting for them?
I have attached a copy of the Rental Permit code I was given by a colleague when I couldn't get one from the town. I
don't know what version of revisions this is but it is the only thing I could find to respond to.
I take issue with the following:
207-1 A,B-you indicate your intent is aesthetics and control and then secondary is safety, welfare, good order. You
mention in one paragraph non-owner occupied and then the next owner occupied are bad too. Is there any need to
mention owner occupied versus non-owner occupied? Also, who's aesthetic are we adhering to? I don't like fake deer on
front lawns. It is aesthetically unpleasing to me, while someone else that owns a property likes it.
207-3C-You are going to charge me$500 per week if my paint is peeling or a replaced missing shingle isn't
painted? This whole section is an over reach and has nothing to do with safety.
207-6A- How broad is this? Who has the answer that all of these codes have been met? The homeowner is supposed to
know this? Do you have a list of professionals who will know this? I suspect it will be a very expensive professional that
doesn't have time for these small jobs.
207-8G- I have a four family house. 3 one bedroom apartments and one studio. This only allows for a total of 4 cars
(since the studio doesn't have a bedroom would it still have the allowance for 1 car and if so where in the code does it say
that? Am i to break leases of tenants that have more then one car? Who will pay the eviction fees? Should I discriminate
against families that apply for a vacant apartment because they have 2 cars or their teen child may learn to drive during
their tenancy and get a car to drive to college? Do I evict them during the tenancy if they get a car that is not authorized in
their lease or pay you $500 a week until they move out? Who will pay for eviction?
207-9A- I only have 14 days to cure a problem. Can you book a painter and get a house painted in 14 days if the paint
peels? What if it is winter and you can't paint because of the temperature?
207-12A1 -A fine not less then $500 is excessive. The code is clear"not less then $500". Can you find wording that
gives the enforcer more flexibility to address each individual circumstance?
Because of time constraints and poor notification process (It took 3 phone calls to the town and I have added my self to
the website notifications but only received a cancellation of tree committee notice) I hope you will keep the public
comments section open for quite some time and not rush this code through just to have it done. Many peoples lives will
be impacted by the decisions you make today and they should be given more consideration then what appears to be a
rush job I am viewing.
Is there any reason the public comments period can't be extended? Is there any reason you can't do a mailing to all
property owners for comments on this important code?
Thank you for your time and efforts.
Paul Loeb
631-553-5255
2
Southold Town Board - Letter Board Meeting of July 31, 2018
RESOLUTION 2018-729 Item# 5.36
a�QE
WITHDRAWN DOC ID: 14386
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-729 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 31,2018:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation
to Rental Permits" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard,NOW
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I A new Chapter 207 of the Code of the Town of Southold is hereby adopted as
follows:
A Local Law entitled "A Local Law in relation to Rental Permits"
& 207-1 Legislative intent.
A The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods,prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code,Electrical Code,Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
Generated July 31, 2018 Page 47
Southold Town Board - Letter Board Meeting of July 31, 2018
and excessive vehicle traffic and parking problems and to overburden municipal
services The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
& 207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector,
Chief Building Inspector,Principal Building Inspector, Senior Building Inspector,
Building Permits Examiner, Zoning Inspector,Electrical Inspector,Plumbing
Inspector, Fire Marshal, Fire Marshal I,Fire Marshal II, Chief Fire Marshal,Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer or
Ordinance Inspector of the Town of Southold, Stormwater Manager, Town
Engineer and such person(s) shall be certified as a New York State Code
Enforcement Official; Code Enforcement Officer:
DWELLING -A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY -A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living
independently of each other.
DWELLING, ONE-FAMILY-A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY-A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each
other.
DWELLING UNIT -A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY- The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or
grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof; or who shall have charge, care or control of any dwelling unit as
a cooperative shareholder or as executor, administrator, trustee, receiver or
guardian of the estate or as a mortgagee in possession, title or control; including but
not limited to a bank or lending institution, regardless of how such possession, title
or control was obtained.
RENT -A return, in money, property or other valuable consideration (including payment
Generated July 31, 2018 Page 48
Southold Town Board - Letter Board Meeting of July 31, 2018
in kind or for services or other thing of value), for use and occupancy or the rillht to
use and occupancy of a dwellinjZ unit,whether or not a lel4al relationship of landlord
and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT -A dwellin$t unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY -The occupancy or use of a dwellinlz unit by one or more persons
as a home or residence under an arranIzement whereby the occupant or occupants
thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
$207-3 Neighborhood preservation requirements.
A Any property subject to the requirements of this chapter shall comply with all
aspects of Chapter 100 of this Code and shall insure that:
1. Steps,walks, driveways,parking areas and other paved areas shall be
maintained in good repair.
2. Yards shall be kept clean and free of physical hazards and debris.
3. Exterior surfaces of any and all dwellings, structures and accessory
structures,including but not limited to fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or
missing glass, loose or missing shingles or siding, crumbling brick, stone and
mortar and peeling, scaling or deteriorated paint.
4. Dwellings, structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
5. Dwellings, structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
6. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant to
Suffolk County Health Department standards.
7. Floors,walls, ceilings and fixtures in residential dwellings shall be
maintained in a clean and sanitary condition.
8. No bedroom or sleeping quarters shall have interior key locks or dead bolt
locked doors servicing said bedroom or sleeping quarters.
9. No bedroom shall constitute the only means of access of other bedrooms or
habitable spaces, and bedrooms shall not serve as the only means of egress
from other habitable spaces.
10. Carbon monoxide alarms and detectors shall be installed on every habitable
floor of any dwelling, structure or accessory structure with a carbon
monoxide source, in accordance with the New York State Uniform Fire_
Prevention and Building Code and Town Code Chapters 100 and 144.
Generated July 31, 2018 Page 49
i
Southold Town Board - Letter Board Meeting of July 31, 2018
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
$207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
&207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code
of the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York have been complied with.
B. The Code Enforcement Official is authorized to make or cause to be made
inspections, to determine the condition of dwellings and to safeguard the health,
safety, morals and welfare of the public. The Code Enforcement Official or his
designated representative is authorized to enter the subject premises upon the
consent of the owner.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of
any premises subject to this chapter without the consent of the owner of the
premises or without a warrant duly issued by an appropriate court.
A Conflict with other chapters or law.Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwellinIZ unit,rooming house, rooming unit or
any other premises subject to this chapter shall be presumed to be rented for a fee
and a charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
§207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme'Court of Suffolk County, or
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 to allow an inspection of its rental 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.
§207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
1. It shall be an affirmative defense to a violation of Subsection A of this section
that the rental occupant or occupants is/are immediate family members of
Generated July 31, 2018 Page 50
Southold Town Board - Letter Board Meeting of July 31, 2018
the owner of the subject premises, as defined in this chapter.
B. Application review; inspection of premises.
1 The Code Enforcement Official or his designee shall review each application
for completeness and reject incomplete applications.
2 Inspection report. The owner of the rental dwelling unit shall (1) arrange for
an inspection of the unit or units and the premises on which the same are
located by the,Code-Enforcement Official or his designee employed by the
Town of Southold, or (2) provide to the Code Enforcement Official an
inspection report provided by the Town, signed by either a New York State
licensed professional engineer,New York State licensed architect or home
inspector who has a valid New York State Uniform Fire Prevention Building
Code certification that the structure and the dwelling units contained therein
meet all applicable housing, sanitary, building, electrical and fire codes, rules
and regulations.
C. Rental permit requirements.
1. Rental permit applications shall be in writing on a form provided by the
Town and shall include the owner's name, address and telephone number.
2. Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
3. Rental permits shall contain a description of the unit, including the number
of rooms in the rental dwelling unit, and the dimensions and use of each
such room shall be included. The name, address and telephone number, if
any, of the managing agent or operator of each such intended rental dwelling
unit shall be included.
4. All applicants must submit a sworn statement that to the best of their
knowledge there are no existing or outstanding violations of any federal, state
or county laws or rules or regulations or of any Town of Southold local laws
or ordinances pertaining to the property.
5. All applicants for a rental permit shall'sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning
the restrictions on the number of unrelated persons occupying said residence.
6. All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for all buildings and structures on the property;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
(c) At the discretion of the Code Enforcement Official, an accurate
property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on
the survey, a site plan prepared by a licensed surveyor or engineer,
drawn to scale, showing all buildings, structures,walks, drives and
other physical features of the premises and the number, location and
Generated July 31, 2018 Page 51
Southold Town Board - Letter Board Meeting of July 31, 2018
access of existinIZ and proposed on-site vehicle parking facilities
7. Each application shall be executed and sworn to by the owner of the
premises.
8. Any additional information required by the Code Enforcement Official.
9. All rental properties containing eight or more rental units shall provide for a_
designated site manager,who shall be available to address and resolve any
issues with the property 24 hours a day. The owner of the property must file
the manalzer's address, telephone number and other contact information
with the Code Enforcement Official within five days of the designation of the
manager or any changes thereto.
A Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
E. Renewal of rental permits.
1. A renewal rental permit application signed by the owner shall be completed
and filed with the Code Enforcement Official on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit
application shall contain a copy of the prior rental permit.
2. A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing or outstanding violations of any federal,
state or county laws or rules or regulations or of any Town of
Southold local laws or ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior
valid rental permit and application.
3. Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are
located to take place pursuant to Subsection C(2) above.
4. The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date
has passed. If the expiration date has passed, the owner must file a new
application.
F. Registered motor vehicle restrictions.
1. Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle.
§207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and
opportunity to be heard has been given to the permit holder, or the managing agent
of such rental dwelling unit, a violation of the Multiple Residence Law and/or New
York State Uniform Fire Prevention and Building Code or a violation of this
Generated July 31, 2018 Page 52
Southold Town Board - Letter Board Meeting of July 31, 2018
chapter or other chapter of the Town Code. Revocation of a permit under this
subsection cannot be done by a devisee or assistant of the Code Enforcement
Official.
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 public hearing on such appeal after receipt of written
request of such appeal, and after such hearing shall make written findinl4s and
conclusions and a decision either sustaining such permit revocation or reinstating
such permit within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee$200.00 to the Town
Clerk with the written request for the appeal.
4207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
4207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
4207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
2 By a fine not less than $1,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law 4 10(1)(ii) a(9-a) and
10(1)(ii)d(3) and pursuant to 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law § 268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
§207-13 Implementation.
111. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
Generated July 31, 2018 Page 53
Southold Town Board -Letter Board Meeting of July 31, 2018
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said judgment.
IV. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. Applications for a
rental permit shall be accepted upon the effective date of this chapter. However,in order
to afford property owners a sufficient amount of time to apply for and obtain a rental
permit as set forth herein, no violation of this chapter will be charged prior to August 1,
2019.
p � ? O�
Elizabeth A. Neville
Southold Town Clerk
RESULT: NO ACTION
Generated July 31, 2018 Page 54
r�
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation
to Rental Permits" now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I A new Chanter 207 of the Code of the Town of Southold is hereby adopted as
follows:
A Local Law entitled, "A Local Law in relation to Rental-Permits"
& 207-1_Legislative intent.
A The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight,_protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there-exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention-Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services.The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of,the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector,
Chief Building Inspector,Principal Building Inspector, Senior Building Inspector,
Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing
Inspector, Fire Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer or
Ordinance Inspector of the Town of Southold, Stormwater Manager, Town
Engineer and such person(s) shall be certified as a New York State Code
Enforcement Official; Code Enforcement Officer.
DWELLING - A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY -A building, other than a or apartment-house,
designed for and occupied as a residence by three or more families living
independently of each other.
DWELLING, ONE-FAMILY- A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY- A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each
other.
DWELLING UNIT - A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or
grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof, or who shall have charge, care or control of any dwelling unit as
a cooperative shareholder or as executor, administrator, trustee, receiver or
guardian of the estate or as a mortgagee-in possession, title or control; including but
not limited to a bank or lending institution, regardless of how such possession, title
or control was obtained.
RENT - 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,whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY -The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the.Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
207-3 Neighborhood preservation requirements.
A. Any-property subject to the requirements of this chapter shall comply with-all
aspects of Chapter 100 of this Code and shall insure that:
1. Steps,walks, driveways, parking areas and other-paved areas shall be
maintained in good repair.
2. Yards shall be kept clean and free of physical hazards and debris.
3. Exterior surfaces of any and all dwellings, structures and accessory
structures, including but not limited to_fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or
missing glass, loose or missing shingles or siding, crumbling brick, stone and
mortar and peeling; scaling or deteriorated paint.
4. Dwellings, structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
5. Dwellings, structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
6. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant to
Suffolk County Health Department standards.
7. Floors,walls, ceilings and fixtures in residential dwellings shall be
maintained in a clean and sanitary condition.
8. No bedroom or sleeping quarters shall have interior key locks or dead bolt
locked doors servicing said bedroom or sleeping quarters.
9. No bedroom shall constitute the only means of access of other bedrooms or
habitable spaces, and bedrooms shall not serve as the only means of egress
from other habitable spaces.
10. Carbon monoxide alarms and detectors shall be installed on every habitable
floor of any dwelling, structure or accessory structure with a carbon
monoxide source, in accordance with the New York State-Uniform Fire
Prevention and Building Code and Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
§207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
X207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code
of the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York have been complied with.
B. The Code Enforcement Official is authorized to make or cause to be made
inspections, to determine the condition of dwellings and to safeguard the health,
safety, morals and welfare of the public. The Code Enforcement Official or his
designated representative is authorized to enter the subject premises upon the
consent of the owner.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of
any premises subiect to this chapter without the consent of the owner of the
premises or without a warrant duly issued by an appropriate court.
D Conflict with other chapters or law.Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered.inspection.
E Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or
any other premises subject to this chapter shall be presumed to be rented for a fee
and a charge made if said premises are not occupied by the legal owner thereof..This
presumption shall be rebuttable.
X207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
4207-8 Rental permit required.
A It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
1. It shall be an affirmative defense to a violation of Subsection A of this section
that the rental occupant or occupants is/are immediate family members of
the owner of the subject premises, as defined in this chapter.
B. Application review; inspection of premises.
1. The Code Enforcement Official or his designee shall review each application
for completeness and reject incomplete applications.
2. Inspection report. The owner of the rental dwelling unit shall (1) arrange for
an inspection of the unit or units and the premises on which the-same are
located by the Code Enforcement Official or his designee employed by the
Town of Southold, or (2) provide to the Code Enforcement Official an
inspection report provided by the Town, signed by either a New York State
licensed professional engineer,New York State licensed architect or home
inspector who has a valid New York State Uniform Fire Prevention Building
Code certification that the structure and the dwelling units contained therein
meet all applicable housing, sanitary, building, electrical and fire codes, rules
and regulations.
C. Rental permit requirements.
1. Rental permit applications shall be in writing on.a form provided by the
Town and shall include the owner's name, address and telephone number.
2. Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
3. Rental permits shall contain a description of the unit, including the number
of rooms in the rental dwelling unit, and the dimensions and use of each
such room shall be included. The name, address and telephone number, if
any, of the managing agent or operator of each such intended rental dwelling
unit shall be included.
4. All applicants must submit a sworn statement that to the best of their
knowledge there_are no existing or outstanding violations of any federal, state
or county laws or rules or regulations or of any Town of Southold local laws
or ordinances pertaining to the property.
5. All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully.understand the Southold Town Code concerning
the restrictions on the'number of unrelated persons occupying said residence.
6. All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for all buildings and structures on the property;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
(c) At the discretion of the Code Enforcement Official, an accurate
property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on
the survey, a site plan prepared by a licensed surveyor or engineer,
drawn to scale, showing all buildings, structures,walks, drives and
other physical features of the premises and the number, location and
access of existing and proposed on-site vehicle parking facilities
7. Each application shall be executed and sworn to by the owner of the
premises.
8. Any additional information required by the Code Enforcement Official.
9. All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any
issues with the property 24 hours a day. The owner of the property must file
the manager's address, telephone number and other contact information
with the Code Enforcement Official within five days of the designation of the
manager or any changes thereto.
D Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
E. _Renewal of rental permits.
1. A renewal rental permit application signed by the owner shall be completed
and filed with the Code Enforcement Official on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit
application shall contain a copy of the prior rental permit.
2 A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing or outstanding violations of any federal,
state or county laws or rules or regulations or of any Town of
Southold local laws or ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior
valid rental permit and application.
3 Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are
located to take place pursuant to Subsection C(2) above.
4 The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date
has passed If the expiration date has passed,the owner must file a new
application.
F. Registered motor vehicle restrictions.
1 Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle.
4207-9 Revocation of permit.
A The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and
opportunity to be heard has been given to the permit holder, or the managing agent
of such rental dwelling unit, a violation of the Multiple Residence Law and/or New
York State Uniform Fire Prevention and Building Code or a violation of this
chapter or other chapter of the Town Code. Revocation of a permit under this
subsection cannot be done by a devisee or assistant of the Code Enforcement
Official.
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 public hearing on-such appeal after receipt of written
request of such appeal, and after such hearing shall make written findings and
conclusions and a decision either sustaining such permit revocation or reinstating
such permit within 30 days after 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.
C Any permit holder that takes an appeal to the-Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town
Clerk with the written request for the appeal.
.4207-10 Broker's/Agent's responsibility.
A Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
4207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
&207-12 Penalties for offenses.
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 guiltof a
violation, punishable:
1 By a fine not less than $500 and not exceeding$5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
2 By a fine not less than $1,000 nor more than-$10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a period of five years.
B Each week's continued violation shall constitute a separate additional violation.
C.- This section is enacted pursuant to Municipal Home Rule Law �. 10(1)(ii) a(9-a) and
§ 10(1)(ii)d(3) and pursuant to & 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law 4 268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
§207-13 Implementation.
III. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any
court of competent jurisdiction to be invalid, such iudgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said judgment.
IV. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. Applications for a
rental permit shall be accepted upon the effective date of this chapter. However, in order
to afford property owners a sufficient amount of time to apply for and obtain a rental
permit as set forth herein, no violation of this chapter will be charged prior to August 1,
2019.
Dated: June 19, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A.Neville
Southold Town Clerk
PLEASE PUBLISH IN THE JULY 12,2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
RESO 2018-
SUMMARY OF LL/ADOPTING CHAPTER 206
"A Local law in relation to Rental Permits"
THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING
HELD THIS EVENING PROPOSES A LOCAL LAW IN RELATION TO RENTAL PERMITS.
THE PROPOSED LOCAL LAW IF ADOPTED WOULD REQUIRE THE OWNERS OF
RENTAL DWELLING UNITS TO APPLY FOR AND OBTAIN A RENTAL PERMIT FROM
THE TOWN OF SOUTHOLD.
THE PROPOSED LOCAL LAW, AMONG OTHER THINGS, PROVIDES AN APPLICATION
PROCEDURE, PROPERTY MAINTENANCE REQUIREMENTS, INSPECTION
REQUIREMENTS, AND FINES FOR VIOLATING THE CODE. FEES ASSOCIATED WITH
APPLYING FOR THE PERMIT WOULD BE SET BY THE TOWN BOARD BY
RESOLUTION.
THE PROPOSED LOCAL LAW WOULD GO INTO EFFECT IMMEDIATELY. HOWEVER,
IN ORDER TO GIVE AFFORD THOSE AFFECTED BY THE LOCAL LAW TIME TO APPLY
FOR AND OBTAIN A PERMIT, VIOLATIONS FOR FAILURE TO COMPLY WITH THE
CODE WOULD NOT BE ISSUED UNTIL AFTER AUGUST 1, 2019.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE
#0002236"'20
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 07/12/2018
Principal Clerk
r
Sworn to before me this day of
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No 01VO6105050
Qualified in Suffolk County
My Commiaslon Expires February 28,2020
family of the owner of a housing unit
of the owner's spouse domestic partr A Any person,association,firm or corpo
LEGAL NOTICE -
dren,parents,grandparents or grandi ration which violates any provision of this
z !
NOTICE OF PUBLIC HEARING siblings,uncles aunts mechapter or assists in the violation of any provi-
tes nepheq -
ins and in-laws mon of this chapter shall be guilty of a viola-
WHEREAS,there has been presented to OWNER-Anv person tion,punishable
the Town Board of the Town of Southold, partnership, I By a fine not less than$500 and not
Suffolk County,New York,on the 19th da of tion or other entity who alone or jos
y others,shall have legal title.e anvexceeding$5,000 or by imprisonment for a
June,2018, a Local Law entitled "A Local - P- penod not to exceed 15 days, or both, for
Law in relation to Rental Permits" now, With or without accompanym�actual
sion thereof,or who shall have charge conviction of a first offense
therefore,be it 2 By a fine not less than$1,000 nor more
RESOLVED,that the Town Board of the control of any dwelling unit as a coo
shareholder or as than$10,000 or by imprisonment for a periodTown of Southold will hold a publicexecutor, adnuc hearing
on the aforesaid Local Law at the Southold trustee,receiver or guardian of the esti not to exceed 15 days,or both,for conviction Town Hall,53095 Mom Road,Southold,New a mortgagee in possession title or of the second of the two offenses, both of
-i which were committed within a penod of five
York,on the 31st day of July at 7 32 p m.at including but not hinited to a bank or ears
which time all interested persons will be institution, regardless of how such �
sion,title or control was obtained B Each week's continued violation shall
given an opportunity to w heard constitute a separate additional violation
The proposed Local Law entitled,"A Local RENT-A returnm mangy,property'r
valuable consideration(including pay' C This section is enacted pursuant to Mu-
Law in relation to Rental Permits"reads as nicipal Home Rule Law§10(1)(u)a(9-a)and
Mu-
follows: kind or for services or other thing of
LOCAL LAW NO.2018 for use and occupancy or the right to i §I0(1)(u)d(3)and pursuant to§10(5)of the
Occupancy of a dwelling unit whether Statute of Local Governments, and is in-
BE IT ENACTED by the Town Board of the etherl tended to supersede Town Law§268 and any
Town of Southold as follows legal relationship of landlord and tenail
other statute or local law to the extent neces-
I Anew Chapter 207 of the Code of the between the owner and the occupant
pants thereof. sarry to increase the minimum and maximum
cu
Town of Southold is hereby adopted as fol- I penalties contained therein
lows. RENTAL DWELLING UNIT-A dj
A Local Law entitled,"A Local Law m rela- unit established, ossa ied, used or, §207-13 Implementation.
tion to Rental Permits" tained for rental occupancy II �•Severability
RENTAL OCCUPANCY-The occup2 If any clause,sentence,paragraph,section or
207-1 Legislative intent part of this chapter shall be adjudged by any
A. The intent of this chapter is to preserve use of a dwelling unit by one or more ji
as a home or residence under an arrant court of competent jurisdiction to be invalid,
the aesthetic integrity of our residential such judgment shall not affect,impair or in- '
neighborhoods,prevent neighborhood blight whereby the occupant or occupants{
pay rent for such occupancy and use.' validate the remainder thereof, but shall be
protect residential property values encourage I confined in its operation to the clause,sen-
residential property maintenance and enhance ��A'OCCUPANCY PERMIT-}
mit which is issued upon apphcationl tence,paragraph,section or part thereof di-
the quality of life m our residential rectly involved in said judgment
neighborhoods Code Enforcement Officer desi nated'
B. This chapter is intended to apply to all Town Board with the administration o! IV Effective Date
Chater and shall be valid for 24 month) TTEs chapter shall be effective upon filing
p
dwelling units within the Town of Southold with the Secretary of State.Applications for a
The Town Board of the Town of Southold has the date of issuance
§ 207-3 Neighborhood I rental penmt shall be accepted upon the effec-
Southold s that there exists in the Town n- presery tive date of this chapter However,in order to
Southold serious conditions ansmg from non- requirements
owner occupied rental of dwelling units m A Any property subject to the require afford property owners a sufficient amount of
one, two and three fairiily and multiple of this chapter shall comply with all aspf time to apply for and obtain a rental permit as
dwellings that are substandard or in violation Chapter 100 of this Code and shall insug set forth herein,no violation of this chapter
of the New York State Uniform Fire Preven - I Steps walks driveways parking will be charged prior to August 1,2019
and other paved areas shall be maintaii Dated•June 19,2018 !
tion and Building Code Building Rehabilita BY THE ORDER OF THE
Rehabilita-
tion Code, Electrical Code Fire Prevention good repair
Code,Plumbing Code and other codes and 2 Yards shall be kept clean and fi
SOUTHOLD TOWN BOARD
physical hazards and debris. i Elizabeth A Neville
ordinances of the Town. Many of these bI Southold Town Clerk
dwellings are inadequate in size over 3 Exterior surfaces of any ant !
crowded and dangerous and such dwelling
dwellings structures and acce4 2236220
e hazards to life lim
units posb and property of structures,inclu ing but not hmited to ,
residents of the Town and others tend to that are not inherently resistant to det'
promote and encourage deterioration of the tion,shall be periodically treated with,
housing stock of the Town create blight and tective coating of paint or other smtabl
excessive vehicle traffic and narking prob- servative All surfaces shall be mains
lems and to overburden municipal services free of deterioration including but not It
The Board finds that current Code provisions to broken or missing glass loose or
are inadequate to stun les or scam ,crumbling brit
halt the proliferation k,stoic
ah
on
— q p of such
conditions and that the public health safety mortar and peeling, S aling or deign ARTINIVI
welfare and good order and governance of the aint
Town will be enhanced by enactment of the - 4 Dwellings structures and acce
regulations set forth in this chapter, which structures shall be maintained so as to b Since 1943
rulatrons are remedial m nature and effect of conditions detrimental to safety or he J
each oto c u, .Avm�tn nyicrivITI $in"oke de[ecfi ■i■A 7
DWELLING, ONE-FAMILY - A detached and carbon monoxide detectors, in com t,
building designed for and occupied exclu ante with New York State Uniform Fire
sivelyasahome orresidencebynotmorethan vention and Building Code
one family §207-6 Inspections y ? NEN�IESSEY
DWELLING, TWO-FAMILY - A building A No ermit shall be issued under any
arranged, designed for or occupied exclu hcahon unless all the provisions of the Co Well Service
sively as a home or residence for not more of the Town of Southold,the laws and sanital f s-
zy•"vy
than two families living independently of and housinre ulationsof the Count of S "
each other folk and the laws of the State of New Yo Over 30 years experience
DWELLING UNIT-A single unit within a have been complied with
building or structure providing complete, B The Code Enforcement Official is authi ® Reuse pumps
dependent living facilities for razed to make orcause to be made ins ectiod� ° Irri tion pumps
more to decondition of dwellin s and I 'v •
Persons,including permanent provisions for termine theWater tams Q, -
living, sleeping eating cooking and sancta ,safeguard the health,safet ,morals and w
tion
fare of the public The Code Enforceine ` ° Water line repairs j
IMMEDIATE FAMILY - The immediate Official or his designated representative 1
Tom Hennessey 6312522125
— --
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 9th day of July , 2018, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
Public Hearing 7/317:31 pm—Local Law in relation to Rental Permits
zabeth A.Neville
uthold Town Clerk
Sworn before me this
9th day of July 2018.
otary Public
LYNDA M. RUDDER
Notary Public,State of New York
No.01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,204
w
Southold Town Board - Letter Board Meeting of June 19, 2018
RESOLUTION 2018-614 Item# 5.47
x
ADOPTED DOC ID: 14273
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-614 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 19,2018:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation
to Rental Permits"now,therefore, be it
RESOLVED,that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as
follows
A Local Law entitled, "A Local Law in relation to Rental Permits"
207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods,prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
Generated June 20, 2018 Page 72
A
Southold Town Board - Letter Board Meeting of June 19, 2018
and excessive vehicle traffic and parking problems and to overburden municipal
services The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
& 207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL
The official who is charged by the Town Board with the administration and
enforcement of this chapter, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building Inspector,Principal
Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning
Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal,Fire Marshal I,
Fire Marshal II, Chief Fire Marshal,Town Investigator, Senior Town Investigator,
Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold,
Stormwater Manager, Town Engineer and such person(s) shall be certified as a New
York State Code Enforcement Official; Code Enforcement Officer.
DWELLING
A building designed exclusively for residential purposes.
DWELLING,MULTIPLE-FAMILY
A building, other than a or apartment house, designed for and occupied as a residence
by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for and occupied exclusively as a home or residence by
not more than one family.
DWELLING,TWO-FAMILY
A building arranged, designed for or occupied exclusively as a home or residence for
not more than two families living independently of each other.
DWELLING UNIT
A single unit within a building or structure providing complete independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
IMMEDIATE FAMILY
The immediate family of the owner of a housing unit consists of the owner's spouse,
domestic partner, children, parents, grandparents or grandchildren, siblings,uncles,
aunts, nieces, nephews, cousins and in-laws.
OWNER
Any person, partnership, corporation or other entity who, alone or jointly with others,
shall have legal title to any premises,with or without accompanying actual possession
thereof; or who shall have charge, care or control of any dwelling unit as a cooperative
Generated June 20, 2018 Page 73
D
N Southold Town Board -Letter Board Meeting of June 19, 2018
shareholder or as executor, administrator, trustee, receiver or guardian of the estate
or as a mortgagee in possession, title or control; including but not limited to a bank or
lending institution, regardless of how such possession, title or control was obtained.
RENT
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,whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained for rentaloccupancy
RENTAL OCCUPANCY
The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Code Enforcement Officer designated
by the Town Board with the administration of this Chapter and shall be valid for 24
months from the date of issuance.
207-3 Neighborhood preservation requirements.
A. Any property subject to the requirements of this chapter shall comply with all
aspects of Chapter 100 of this Code and shall insure that:.
1. Steps,walks, driveways, parking areas and other paved areas shall be
maintained in good repair.
2. Yards shall be kept clean and free of physical hazards and debris.
3. Exterior surfaces of any and all dwellings, structures and accessory
structures, including but not limited to fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or
missing glass, loose or missing shingles or siding, crumbling brick, stone and
mortar and peeling, scaling or deteriorated paint.
4. Dwellings, structures and accessory structures shall be maintained so as to be
free of conditions detrimental to safety or health.
5. Dwellings, structures, accessory structures and property shall be maintained
free of vermin, rodent harborage and infestation. Methods used for
exterminating vermin and rodents shall conform to Suffolk County Health
Department standards.
6. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse and sewage pursuant to
Suffolk County Health Department standards.
7. Floors,walls, ceilings and fixtures in residential dwellings shall be
maintained in a clean and sanitary condition.
8. No bedroom or sleeping quarters shall have interior key locks or dead bolt
Generated June 20, 2018 Page 74
Southold Town Board - Letter Board Meeting of June 19, 2018
locked doors servicing said bedroom or sleeping quarters.
9. No bedroom shall constitute the only means of access of other bedrooms or
habitable spaces, and bedrooms shall not serve as the only means of egress
from other habitable spaces.
10. Carbon monoxide alarms and detectors shall be installed on every habitable
floor of any dwelling, structure or accessory structure with a carbon
monoxide source, in accordance with the New York State Uniform Fire
Prevention and-Building Code and Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
4207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
4207-6 Inspections.
A No permit shall be issued under any application unless all the provisions of the Code of
the Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York have been complied with.
B The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter the subject premises upon the consent of the owner.
C Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subject to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
D Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
Generated June 20, 2018 Page 75
Southold Town Board - Letter Board Meeting of June 19, 2018
4207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
4207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reject incomplete applications.
(2) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by
the Code Enforcement Official or his designee employed by the Town of
Southold, or(2) provide to the Code Enforcement Official an inspection report
provided by the Town, signed by either a New York State licensed professional
engineer,New York State licensed architect or home inspector who has a valid
New York State Uniform Fire Prevention Building Code certification that the
structure and the dwelling units contained therein meet all applicable housing,
sanitary, building, electrical and fire codes, rules and regulations.
C. Rental permit requirements.
(1) Rental permit applications shall be in writing on a form provided by the Town
and shall include the owner's name, address and telephone number.
(2) Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of
rooms in the rental dwelling unit, and the dimensions and use of each such room
shall be included. The name, address and telephone number, if any, of the
managing agent or operator of each such intended rental dwelling unit shall be
included.
(4) All applicants must submit a sworn statement that to the best of their knowledge
there are no existing or outstanding violations of any federal, state or county laws
or rules or regulations or of any Town,of Southold local laws or ordinances
pertaining to the property.
()All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning the
Generated June 20, 2018 Page 76
Southold Town Board - Letter Board Meeting of June 19, 2018
restrictions on the number of unrelated persons occupying said residence
(6) All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for all buildings and structures on the property;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
(c) At the discretion of the Code Enforcement Official, an accurate property
survey of the premises prepared by a licensed surveyor drawn to scale
not greater than 40 feet to one inch, or, if not shown on the survey, a
site plan prepared by a licensed surveyor or engineer, drawn to scale,
showing all buildings, structures,walks, drives and other physical
features of the premises and the number, location and access of
existing and proposed on-site vehicle parking facilities
(7) Each application shall be executed and sworn to by the owner of the premises
(8) Any additional information required by the Code Enforcement Official.
(9) All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any issues
with the property 24 hours a day. The owner of the property must file the
manager's address, telephone number and other contact information with the
Code Enforcement Official within five days of the designation of the manager or any
changes thereto.
D. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
E. Renewal of rental permits.
(1) A renewal rental permit application signed by the owner shall be completed
and filed with the Code Enforcement Official on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit
application shall contain a copy of the prior rental permit.
(2) A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing or outstanding violations of any federal,
state or county laws or rules or regulations or of any Town of
\ Southold local laws or ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior
valid rental permit and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are
located to take place pursuant to Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date
has passed. If the expiration date has passed, the owner must file a new
Generated June 20; 2018 page 77
Southold Town Board - Letter Board Meeting of June 19, 2018
application.
F. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle.
§207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code. Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
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 public hearing on such appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and a decision either sustaining such permit revocation or reinstating such permit
within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk
with the written request for the appeal.
4207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
X207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
§207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
Generated June 20, 2018 Page 78
Southold Town Board - Letter Board Meeting of June 19, 2018
two offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and-§
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law § 268 and any other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
4207-13 Implementation.
I. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said judgment.
II. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. Applications for a
rental permit shall be accepted upon the effective date of this chapter. However, in order
to afford property owners a sufficient amount of time to apply for and obtain a rental
permit as set forth herein, no violation of this chapter will be charged prior to August 1,
2019.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated June 20, 2018 Page 79
Southold Town Board - Letter Board Meeting of June 19, 2018
RESOLUTION 2018-568 Item# 5.1
WITHDRAWN DOC ID: 14223
�T
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-568 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 19,2018:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 8th day of May, 2018, a Local Law entitled "A Local Law in relation
to Rental Permits" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Rental Permits"
§207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods,prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined'that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
Generated June 20, 2018 Page 14
Southold Town Board - Letter Board Meeting of June 19, 2018 Y
services. The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained, which has a detrimental effect on neilzhborhoods.
C. Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
207-2 Definitions.
As used in this chapter, the following terms shall have the meaninj4s indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector, Chief
Building Inspector, Principal Building Inspector, Senior Building Inspector, Building
Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire
Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior
Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of
Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a
New York State Code Enforcement Official; Code Enforcement Officer.
DWELLING -A building designed exclusively for residential purposes.
DWELLING,MULTIPLE-FAMILY -A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living independently of
each other.
DWELLING, ONE-FAMILY- A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY -A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each other.
DWELLING UNIT -A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent provisions for
livinIz, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY -The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or grandchildren,
siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof; or who shall have charge, care or control of any dwelling unit as a
Generated June 20, 2018 Page 15
Southold Town Board - Letter Board Meeting of June 19, 2018
cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including but not limited to a bank
or lending institution, regardless of how such possession, title or control was obtained.
RENT -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,whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY - The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
§ 207-3 Neighborhood preservation requirements.
A. Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent the accumulation of water. Gutters, culverts, catch basins,
drain outlets, stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized to prevent damage to any portion
of the subject or adjacent properties or any improvements thereupon.
B. Steps,walks, driveways, parking areas and other paved areas shall be maintained in
good repair.
C. Yards shall be kept clean and free of physical hazards and debris.
D. All lawns, common areas and recreation areas shall be maintained in a clean and neat
condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in
total height.No portion of a lawn shall be damaged or destroyed by overuse or by the
parking or driving of motor vehicles on such established lawn area. Carpet, tarps, _
sand or materials that damage or destroy the lawn shall not be placed anywhere upon
a front lawn at any time. No portion of any front lawn shall be used for the parking,
placement or storage of motor vehicles, trailers, boats or campers.
E. Exterior surfaces of any and all dwellings, structures and accessory structures,
including but not limited to fences that are not inherently resistant to deterioration,
shall be periodically treated with a protective coating of paint or other suitable
preservative. All surfaces shall be maintained free of deterioration, including but not
limited to broken or missing glass, loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scaling or deteriorated paint.
F. Dwellings, structures and accessory structures shall be maintained so as to be free of
conditions detrimental to safety or health.
G. Dwellings, structures, accessory structures and property shall be maintained free of
Generated June 20, 2018 Page 16
Southold Town Board - Letter Board Meeting of June 19, 2018 8
vermin, rodent harboralZe and infestation. Methods used for exterminatinIZ vermin
and rodents shall conform to Suffolk County Health Department standards.
H. Adequate sanitary facilities and methods shall be used for the collection, storalze,
handling and disposal of garbage and refuse and sewage pursuant to Suffolk County
Health Department standards.
I. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a
clean and sanitary condition.
I Dwellings, structures and accessory structures shall be free of partitions or locked
internal doors barring access between segregated portions of the building or dwelling
unit.
K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked
doors servicing said bedroom or sleeping quarters.
L. No bedroom shall constitute the only means of access of other bedrooms or habitable
spaces, and bedrooms shall not serve as the only means of egress from other habitable
spaces.
M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of
any dwelling, structure or accessory structure with a carbon monoxide source, in
accordance with the New York State Uniform Fire Prevention and Building Code and
Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
&207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
4207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code of
the Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York have been complied with.
B. The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit,
rooming house, rooming unit or premises at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency,without consent of
the owner, for the purpose of performing his duties under this chapter.
C. Search without warrant restricted.Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subject to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
Generated June 20, 2018 Page 17
Southold Town Board - Letter Board Meeting of June 19, 2018
D. Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to-any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
§207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
4207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B. Entities including, but not limited to, limited-liability companies, corporations, small
corporations,partnerships and professional corporations shall have a valid rental
permit in effect at any time the dwelling is occupied.
C. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reject incomplete applications. The Code Enforcement Official
shall create and approve the application requirements in accordance with this
chapter.
(2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by
the Code Enforcement Official or his designee employed by the Town of
Southold, or (2) provide to the Code Enforcement Official an inspection report,
designed and approved by the Code Enforcement Official, signed by either a New
York State licensed professional engineer,New York State licensed architect or
home inspector who has a valid New York State Uniform Fire Prevention
Building Code certification that the structure and the dwelling units contained
therein meet all applicable housing, sanitary, building, electrical and fire codes,
rules and regulations.
D. Rental permit requirements.,
(1) Rental permit applications shall be in writing on a form designed and
approved by the Code Enforcement Official and shall include the owner's name,
address and telephone number.
Generated June 20, 2018 Page 18
Southold Town Board - Letter Board Meeting of June 19, 2018 v
(2) Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of
rooms in the rental dwelling unit, and the dimensions and use of each such room
shall be included. The name, address and telephone number, if any, of the
managing agent or operator of each such intended rental dwelling unit shall be
included.
(4) All applicants must submit a sworn statement that there are no existing or
outstanding violations of any federal, state or county laws or rules or regulations
or of any Town of Southold local laws or ordinances pertaining to the property.
(5) All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning the
restrictions on the number of unrelated persons occupying said residence.
(6) All applicants must submit the following documents:
(a) An accurate property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on the
survey, a site plan prepared by a licensed surveyor or engineer, drawn to
scale, showing all buildings, structures,walks, drives and other physical
features of the premises and the number, location and access of existing and
proposed on-site vehicle parking facilities
(b) Copies of all certificates of occupancy and/or pre-certificates of occupancy
for all buildings and structures on the property.
(c) An affidavit setting forth the address to be used as the last known address of
the owner for service pursuant to all applicable laws and rules. The owner
shall notify the Building Division of any change of address submitted
pursuant to this section within five business days of any change thereto.
(7) Each application shall be executed and sworn to by the owner of the premises.
(8) Any additional information required by the Code Enforcement Official:
(9) All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any issues
with the property 24 hours a day. The owner of the property must file the
manalzer's address, telephone number and other,contact information with the
Code Enforcement Official within five days of the designation of the manager or
any changes thereto.
E. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
F. Renewal of rental permits.
(1) The Code Enforcement Official shall design and approve a renewal rental permit
application form. A renewal rental permit application signed by the owner shall
be completed and filed with the Building Department on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit application
shall contain a copy of the prior rental permit.
(2) A renewal rental permit application shall contain a signed sworn statement
settin,- forth the following:
Generated June 20, 2018 Page 19
Southold Town Board - Letter Board Meeting of June 19, 2018
(a) That there are no existinIZ or outstanding violations of any federal,state or
county laws or rules or regulations or of any Town of Southold local laws or
ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior valid
rental permit and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are located to
take place pursuant to Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellinl4s wherein the prior rental permit expiration date has
passed. If the expiration date has passed, the owner must file a new application.
G. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle located thereat.
§207-9 Revocation of permit.
A. The Code Enforcement Official shall revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code.Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
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 public hearing on such appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and a decision either sustaining such permit revocation or reinstating such permit
within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk
with the written request for the appeal.
§207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing.It shall be unlawful and a violation of
this chapter and an offense within the meaning of the Penal Law of the State of New
York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer
for lease, rent or sale on behalf of the owner any dwelling unit for which a current
rental permit has not been issued by the Code Enforcement Official. It shall be the
Generated June 20, 2018 Page 20
Southold Town Board - Letter Board Meeting of June 19, 2018
broker's or agent's duty to verify the existence of a valid rental permit before acting
on behalf of the owner.
B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or
security, or a commission, in connection with the rental of a rental dwelling unit
located within the Town of Southold where no valid rental permit has been issued as
required under this chapter.
C. In the event that a person convicted of a violation of this section shall have been a real
estate broker or salesperson licensed by the State of New York, at the time such
violation was committed, the Town Clerk shall transmit a record of such conviction to
the Division of Licensing Services of the Department of State and make complaint
thereto against such licensee on behalf of the Town of Southold, pursuant to the
provisions of Article 12-A of the Real Property Law.
§207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
&207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of the second of the two
offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and §
10(1)(ii)d(3) and pursuant to & 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law 4 268 and any other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
X207-13 Implementation.
This chapter shall be effective upon filing with the Secretary of State, whichever is later. No
violation of this chapter will be charged prior to October 1, 2018.
II. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in said judgment.
III. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
Generated June 20, 2018 Page 21
10
Southold Town Board - Letter Board Meeting of June 19, 2018
Elizabeth A. Neville
Southold Town Clerk
RESULT: WITHDRAWN [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated June 20, 2018 Page 22
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 5, 2018
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Deputy Town Clerk Lynda Rudder
Town Attorney William Duffy
This hearing was opened at 8:00 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been resented to the
Town Board of the Town of Southold; Suffolk County,New York, on the 8' day of May, 2018,
a Local Law entitled "A Local Law in relation to Rental Permits" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 5th day of June at 7:32 p.m. at which time all interested persons
will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold-is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Rental Permits"
207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 2
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services. The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C. Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector, Chief
Building Inspector, Principal Building Inspector, Senior Building Inspector, Building
Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire
Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior
Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of
Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a
New York State Code Enforcement Official.
DWELLING - A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY-A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living independently of
each other.
DWELLING, ONE-FAMILY-A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY-A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each other.
DWELLING UNIT -A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 3
IMMEDIATE FAMILY-The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or grandchildren,
siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof, or who shall have charge, care or control of any dwelling unit as,a
cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including but not limited to a bank
or lending institution, regardless of how such possession, title or control was obtained.
RENT - 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,whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY - The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
$ 207-3 Neighborhood preservation requirements.
A Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent the accumulation of water. Gutters, culverts, catch basins,
drain outlets, stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized to prevent damage to any portion
of the subiect or adjacent properties or any improvements thereupon.
B Steps,walks, driveways, parking areas and other paved areas shall be maintained in
good repair.
C Yards shall be kept clean and free of physical hazards and debris.
D All lawns, common areas and recreation areas shall be maintained in a clean and neat
condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in
total height No portion of a lawn shall be damaged or destroyed by overuse or by the
parking or driving of motor vehicles on such established lawn area. Carpet,tarps,
sand or materials that damage or destroy the lawn shall not be placed anywhere upon
a front lawn at any time. No portion of any front lawn shall be used for the parking,
placement or storage of motor vehicles, trailers, boats or campers.
E Exterior surfaces of any and all dwellings, structures and accessory structures,
including but not limited to fences that are not inherently resistant to deterioration,
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 4
shall be periodically treated with a protective coating of paint or other suitable
preservative. All surfaces shall be maintained free of deterioration, including but not
limited to broken or missing glass,loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scaling or deteriorated paint.
F. Dwellings, structures and accessory structures shall be maintained so as to be free of
conditions detrimental to safety or health.
G. Dwellings, structures, accessory structures and property shall be maintained free of
vermin, rodent harborage and infestation. Methods used for exterminating vermin
and rodents shall conform to Suffolk County Health Department standards.
H. Adequate sanitary facilities and methods shall be used for the collection, storage,
handling and disposal of garbage and refuse and sewage pursuant to Suffolk County
Health Department standards.
I. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a
clean and sanitary condition.
J Dwellings, structures and accessory structures shall be free of partitions or locked
internal doors barring access between segregated portions of the building or dwelling
unit.
K No bedroom or sleeping quarters shall have interior key locks or dead bolt locked
doors servicing said bedroom or sleeping quarters.
L No bedroom shall constitute the only means of access of other bedrooms or habitable
spaces, and bedrooms shall not serve as the only means of egress from other habitable
spaces.
M Carbon monoxide alarms and detectors shall be installed on every habitable floor of
any dwelling, structure or accessory structure with a carbon monoxide source, in
accordance with the New York State Uniform Fire Prevention and Building Code and
Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
$207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
4207-6 Inspections.
A No permit shall be issued under any application unless all the provisions of the Code of
the Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York have been complied with.
B The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit,
rooming house,,rooming unit or premises at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency,without consent of
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 5
the owner, for the purpose of performing his duties under this chapter.
C. Search without warrant restricted.Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subject to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
A Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subiect to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
4207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
X207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B. Entities including, but not limited to, limited-liability companies, corporations, small
corporations, partnerships and professional corporations shall have a valid rental
permit in effect at any time the dwelling is occupied.
C. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reiect incomplete applications. The Code Enforcement Official
shall create and approve the application requirements in accordance with this
chapter.
(2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by
the Code Enforcement Official or his designee employed by the Town of
Southold, or (2) provide to the Code Enforcement Official an inspection report,
designed and approved by the Code Enforcement Official, signed by either a New
York State licensed professional engineer,New York State licensed architect or
home inspector who has a valid New York State Uniform Fire Prevention
Building Code certification that the structure and the dwelling units contained
therein meet all applicable housing, sanitary, building, electrical and fire codes,
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 6
rules and regulations.
D. Rental permit requirements.
(1) Rental permit applications shall be in writing on a form designed and
approved by the Code Enforcement Official and shall include the owner's name,
address and telephone number.
(2) Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of
rooms in the rental dwelling unit, and the dimensions and use of each such room
shall be included. The name, address and telephone number, if any, of the
managing agent or operator of each such intended rental dwelling unit shall be
included.
(4) All applicants must submit a sworn statement that there are no existing or
outstanding violations of any federal, state or county laws or rules or regulations
or of any Town of Southold local laws or ordinances pertaining to the property.
(5) All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning the
restrictions on the number of unrelated persons occupying said residence.
(6) All applicants must submit the following documents:
(a) An accurate property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on the
survey, a site plan prepared by a licensed surveyor or engineer, drawn to
scale, showing all buildings, structures,walks, drives and other physical
features of the premises and the number, location and access of existing and
proposed on-site vehicle parking facilities
(b) Copies of all certificates of occupancy and/or pre-certificates of occupancy
for all buildings and structures on the property.
(c) An affidavit setting forth the address to be used as the last known address of
the owner for service pursuant to all applicable laws and rules. The owner
shall notify the Building Division of any change of address submitted
pursuant to this section within five business days of any change thereto.
(7) Each application shall be executed and sworn to by the owner of the premises.
(8) Any additional information required by the Code Enforcement Official.
(9) All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any issues
with the property 24 hours a day. The owner of the property must file the
manager's address, telephone number and other contact information with the
Code Enforcement Official within five days of the designation of the manager or
any changes thereto.
E. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
F. Renewal of rental permits.
(1) The Code Enforcement Official shall design and approve a renewal rental permit
application form. A renewal rental permit application signed by the owner shall
be completed and filed with the Building Department on or 90 days prior to the
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 7
expiration date of any valid rental permit. A renewal rental permit application
shall contain a copy of the prior rental permit.
(2) A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing'or outstanding violations of any federal, state or
county laws or rules or regulations or of any Town of Southold local laws or
ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior valid
rental permit and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are located to
take place pursuant to Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date has
passed. If the expiration date has passed, the owner must file a new application.
G. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle located thereat.
§207-9 Revocation of permit.
A The Code Enforcement Official shall revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code. Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
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 public hearing on such appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and a decision either sustaining such permit revocation or reinstating such permit
within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk
with the written request for the appeal.
X207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of
this chapter and an offense within the meaning of the Penal Law of the State of New
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 8
York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer
for lease, rent or sale on behalf of the owner any dwelling unit for which a current
rental permit has not been issued by the Code Enforcement Official. It shall be the
broker's or agent's duty to verify the existence of a valid rental permit before acting
on behalf of the owner.
B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or
security, or a commission, in connection with the rental of a rental dwelling unit
located within the Town of Southold where no valid rental permit has been issued as
required under this chapter.
C. In the event that a person convicted of a violation of this section shall have been a real
estate broker or salesperson licensed by the State of New York, at the time such
violation was committed,the Town Clerk shall transmit a record of such conviction to
the Division of Licensing Services of the Department of State and make complaint
thereto against such licensee on behalf of the Town of Southold, pursuant to the
provisions of Article 12-A of the Real Property Law.
X207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
X207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of the second of the two
offenses,both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and
10(1)(ii)d(3) and pursuant to 4 10(5) of the Statute of Local Governments, and is,
intended to supersede Town Law § 268 and any other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
4207-13 Implementation.
This chapter shall be effective upon filing with the Secretary of State,whichever is later. No
violation of this chapter will be charged prior to October 1,2018.
II. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in said judgment.
III. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 9
I do have an affidavit of publication of noticing this hearing in the Suffolk Times. An affidavit
of posting on the Town Clerk's bulletin board and on the Town's website. And I do have a letter
of opposition and there are four of them, Mystic Isle Realty Inc. which is on Fishers Island. An
email from Joshua Leuchtenburg and also from Hay Harbor Property Owners Association on
Fishers Island and that is it.
SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local
law?
JOHN LADEMANN: I would like to know why you have to have your property surveyed,
which it says in this law. And there's a lot of other things about the front lawn or your yard, if
you don't have leaves. Why don't you go after people that are regular homes that don't do what
they are doing, that don't cut their grass? I think why should somebody that is renting a place,
we are trying to keep young people in town. I rent two places to young people, one is my
grandson and another young fellow. What you are doing here, making me get surveys on
property? I think it's ridiculous when your Assessor's office has it. And there's a lot of things in
here that are ridiculous.
PATRICIA MOORE: Short and sweet, thank you Mr. Lademann. I am a little longer because I
am a lawyer, what the heck. There are really two major objections that I have, one is like Mr.
Lademann points out which is the impact on the rental community because in particular we have
difficulty having year round rentals in the community and what you are going to force people to
do is go through the building department process, verifying the CO's, I see this all the time with
real estate sales where the CO, if you go back to the original when the house was built maybe in
the 70's, in the 70's it showed the house had three bedrooms, now it has four bedrooms. We are
going to be required to clean that all up in order to provide a rental space for somebody that is a
year round resident. In addition, the cost of surveying, if you have CO issues, you have to go get
building plans, you may have to go to the health department. So you're creating a huge
bureaucracy and impediment to providing rentals in the town for year round rentals. It seems to
apply to long term, short term, you haven't excluded B&B's, even though logically it should
apply and you haven't excluded hotel/motel resort hotels which are quasi residential but which
are regulated under different laws. So there has to be a little more clean-up of this code. When
you define a residence, make sure that you are identifying the proper residence that you are
trying to address. So other than the immediate impact that your law is going to create. I want to
also address the impact of administrative cost and our tax base. I did a quick search of the
Southampton and Riverhead town administration to see what employment is required to enforce
this code. Just for example, in the Town of Southold, for those that don't know, we have Mike
Verity the building inspector and John who are the inspectors out there on the field. You have
Amanda and Damon who are plans examiner. After that you may have one fire marshal and at
this point, you have one code enforcement officer because one just retired and the other just
resigned. So you are really, it's a very lean department. You also, so that's the immediate staff
that is available to enforce this. Compare that to Southampton. Southampton has 10 code
enforcement inspectors. Fourteen building inspectors and six town attorneys. Compare that to
Riverhead which I think we are kind of paraphrasing the Riverhead building code, you have four
building inspectors plus the three support staff, you have three code enforcement officers, you
have five engineers in the engineering department, you have three fire marshals and you have
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 10
four town attorneys. That is what you are comparing this, you are following the structure of the
Riverhead town code but that's the administration that they have to follow-up, back up their law.
Compare the taxes in Riverhead and Southampton to the Town of Southold, we are very lean, we
are very mindful of taxes and I always tell people Southold is very cheap. They are very
cautious on their salaries and they are very lean on their staff, to your credit, you keep the taxes
lower. That is not the case in the other two towns that I have mentioned. Southampton has a
huge tax base with their real property values and Riverhead has a lot of commercial development
but is suffering in the sense that the taxes are tough on the homeowners. So just as a start and I
am philosophically against regulations, even though that's my life and that's what I do. I am
philosophically against it. But use it sparingly, use it carefully and this is not either sparingly
drafted or carefully drafted, it is a huge administrative issue. And let me tell you that I have a
self-interest in that I have my home that is rented now until my kids, hopefully, come back. I
rent at the low market rate because I am very careful on who I rent to, I am, the family that I rent
to lives, works in town, their kids go to school in town. I feel like I am providing a service to a
family because I don't look for the highest rent, I look for, when I looked at the code to see what
the affordable category was, I said, hmm, I am $100 more than the lowest affordable. Which is
fine with me, I am not doing it for income, I am doing it to just hold off and plant my house in
such a way at least, I know when my kids will be, I hope someday to bring them back someday
soon, but if anybody else is like me out there like Mr. Lademann pointed out to somebody like
his own family and other people that may be here, this law, it makes you even wonder why go
through that effort and certainly for affordable rental, to go through this effort even for me that I
know the process and I don't have to hire a lawyer to do it, I am telling you it would be hours of
time and difficult. So I really hope you will reconsider the need for this law, we have a lot of
laws on the books on quality of life and maintenance and even the code enforcement with respect
to the housing and so on and the concern I am sure you are trying to address which is over-
crowding or boarding house type of situations, I think for the most part that's the minority. If
there is one in a thousand that are that type of situation, you have the other thousand that you are
going to impact. So please, reconsider. Thank you.
TOWN ATTORNEY DUFFY: A couple of issues, the survey, as you said, a lot of people
already have a survey. That doesn't mean they have to go out and get a new survey, all you have
to have, all that is required is an accurate survey, so if you have a survey of your property
already you don't have to go out and get another one. The reason for that is so we can identify
the structures on the property. Nobody is saying you have to go out and get a new survey but we
have to know what is on the property. With regards to the maintenance codes, we do enforce the
code, the requirements about maintaining lawn and everything else are codes that are on the
books. We enforce them, we get them paid and this is telling people when they come for a rental
permit, they have to be in compliance with these codes. These are state property maintenance
codes that are already on the books. A lot of, a big part of this is a health and safety issue, with
people renting houses to say that we shouldn't have this code because it is going to make people
legalize their illegal renovations I don't think is a very good argument. You are saying that
people have added bedrooms and increased the size of their home illegally and we shouldn't pass
a rental laws because they may make these people actually follow the law, I don't consider to be
an argument. Relative to the administrative cost comments, (inaudible). Code enforcement
handles (inaudible)
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 11
SUPERVISOR RUSSELL: I just want to, I appreciate everything you said Bill, but really the
guideline really needs to come from the Town Board at this point, I think it's the members of this
Board that has proposed this law, it's the members of the Board that have to answer the tough
questions. The one thing I am just going to dovetail in is the man power. Southold actually has
three and a half code enforcement positions. Yes, two just retired. That happens. We created a
third, so right now we are in the process of filling the vacancies of two full time positions and
one part time position. We've already started canvassing the lists. Also, you have to remember
you have to look at manpower versus parcel count. The Town of Riverhead has a substantially
higher parcel count, so their staffing, actually when you compare basically employees as a ratio
to properties, theirs is less than ours with the three and a half code enforcement. You know, they
have 1,200 mobile homes alone in the Town of Riverhead, a substantial commercial tax base, so
you have to look at everything not just the number of people. The Town of Southampton has
59,000 properties. They have a big staff, they have a much more aggressive and onerous code.
That's why they have such a need there. But some of the other issues are points well taken.
MS. MOORE: I just want to point out that the way this is written and the reason I pointed out
all the different departments is the way it's written, any one of those departments has the
authority to act on this law. So it's not just code enforcement. If it were just code enforcement,
you would be really understaffed but you do have the ability to use other departments. I just want
to point out that it's still a very burdensome process and with all due respect, as far as legalizing,
I am not talking about people having illegal renovations or whatever, it's just the reality is, I've
done lots of pre-CO inspection and what happens is, people, the way that the Building
Department operated 15-20 years ago is not how it's operated today. so when people today with
the permits that they think are absolutely fine, they find out that oh, geez, now the way that you
used to, Mr. Terry is notorious, he used to write permits on additions as single-family dwellings,
so everybody thought their CO's were absolutely fine. then you go back and you start
investigating and you find out, oh no, this was a pre-CO and it had an addition so now you need
a pre-CO inspection and now the addition, well, does it need it, doesn't it? Well, all of us today,
under today's rules, the Building Department wants us to get a permit just to replace windows.
So I have had to do, multiple times, applications just for pop-in and pop-out windows which is
really borderline on whether you need a permit. Possibly a boiler that gets replaced, they make
you get a permit for that. Air-conditioning comes in, they make me get a permit for that. So
don't, it's not that I am trying to legalize illegal, I am just saying that under today's
interpretations of what you need a permit for, when you end up with older homes that have air-
conditioning, may have had a recent boiler, may have replaced windows because the 70's
windows are now replaced with better quality windows. You find out that all those things need a
building permit and you don't, you the board I would say universally, don't understand the
bureaucracy that everybody has to go through until you are in the trenches and you find out
getting the C of O which seems like the simplest thing, that everybody should have a C of O for
their house isn't quite as simple as it sounds and as far as having a survey, not everybody has a
survey. I have had lots of deals recently where there have been no surveys or the surveys are
from the 70's and they have never been updated because the building department at the time
allowed for hand-written addition or a garage or whatever was revised then. All of a sudden, are
we going to want to have the wetlands identified? I mean, it can go on and on. Even though it
has nothing to do with the licensing process, it is just the reality of the way we administer the
code that when you throw another layer on, all the building department understands is how we
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 12
have been doing it, so they will follow the process as we have been doing it but really all you
want to know is, is the house safe and not overly occupied. That's pretty much the basics of why
this law is in the books,not I don't think, to over regulate us but to make it safe. There has got to
be an easier,way, so that is all I am asking.
COUNCILWOMAN DOHERTY: Thank you for your comments. We have discussed all of
those things in doing this and we have talked about the possibility of hiring more staff in the
building department, especially in the beginning because there will be an influx of people
coming in for permits to update their residence.
SUPERVISOR RUSSELL: The only thing I am going to add to that is actually to say that the
Town Board doesn't have the experience is simply not true, I have sold a few houses, I have
been through the process of CO's with updates. Bob actually went through the process of
reconstructing a home he lost in a fire, so I think we have been in the trenches. Regarding
making sure the homes are safe and that now you might need an inspection for an oil burner, of
course you do, that's how the house is safe. It is looked at by a third party, particularly in an era
of carbon monoxide poisoning and all those other things. So that's why it needs to have a review
by people are given the authority by the State of New York for that review.
PETER TERRANOVA: Good evening, Peter Terranova of Peconic. I support the proposal of
requiring the permit for home rentals in Southold Town. The proposed local law clearly
addresses`the need to insure that rental properties are safe and conform to the applicable codes
that apply to residential properties. My comments here though are pretty much directed to the
impact of this to the short-term rentals. With some minor changes, this proposed local law will
also go a long way to insure compliance with the 14 night minimum rental period. More on
those recommendations later. It's no secret that the current 14 minimum rental is difficult to
enforce and there continues to be widespread violations. Now I can only speak to the situation in
my community that I have first-hand knowledge of, but I am sure they exist throughout Southold
Town . When the short-term rental restriction was originally discussed, three or four years ago I
believe; I supported the concept of permits and expressed my view that a more robust rental
regulation was required to prevent clever and determined homeowners from complying with the
14 night minimum. For example, some no longer advertise on VRBO or Homeaway to rent and
they still do. They even know have a good data base of past renters, depend on referrals or
advertise in out of area local papers. Those that do advertise on VRBO or Homeaway, the
calendars of availability mean nothing, that the sites allow you to put in the dates you want or
ask you to contact the owner. Now, how do I know this? A particular property in my
neighborhood is now on their fourth rental since May 10th and they do not advertise on any of
those popular websites. The issue, and part of it could be due to the fact that code enforcement
has contacted them, and said hey, you are advertised. So they no longer advertise that way, they
find a way to get around it. The issue of short-term rental has become a problem for many cities
and towns across the country. You read about it all the time and if you travel around this
country, you see in the local papers issues similar to what we have in Southold Town. And it is
in particular issue with tourist destinations, as Southold Town is. Residents are alarmed at the
change in character in their community and towns and the change is not for the better. Just two
weeks ago, I read that in Miami Beach it is now illegal to rent your residential home for less than
six months and a day. And the original $1,500 fine that they had was not sufficient to deter
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 13
people from continuing to rent their homes. Now it's up to $20,000 for the first offense and as
much as $100,000 for the fifth. The argument that we need these short-term rentals due to lack
of hotel space is bogus, as Miami Beach has an over-abundance of commercially available rental
stock. Now, going back to my recommendations and suggestions to make this proposed local
law more robust and more conducive to enforcement, I suggest the following: instead of two
years you have an annual renewal of the permit but inspection of every two years. And this will
be apparent when I get there...the posting of the permit needs to be put in a street side window
or door, similar to a building permit. So if code enforcement goes by, he can see that there is a
permit. Permit renewal must include documentation that sales tax and the 3% occupancy tax has
been paid for the preceding rental year, to Suffolk County, in accordance with chapter 523,
article 2 of the Suffolk County code. A zero tolerance for violation of the 14 night minimum
rental, that is no permit for the year subsequent to the violation. Now one thing that I think was
missing from our original 14 night minimum rental and that was proper notification of the local
law. I know in my own community, people who live out of town, who only own the property,
hardly ever come out, never even knew what was going on. So I think proper notification by
either a mailing, a direct mailing to all residential owners of record or inclusion of the notice in
the property tax bill mailings, would go a long way to ensure that there was no excuse for anyone
not being aware of the local law. While I originally feel that a 30 day minimum rental period for
residential properties, this local law with the five suggested changes should do the trick, properly
regulating this activity. It is interesting to note that the community that I live in during the
wintertime down in Florida, 30 day minimum. Flat out. I know it's a gated community but it's a
30 day minimum and no exceptions. And you have to demonstrate that you pay the sales tax and
the hospitality tax. Thank you.
SUPERVISOR RUSSELL: Thank you.
COUNCILWOMAN DOHERTY: Can I just make a couple of comments? I just want to make
it clear that the 14 day minimum that is on the books is separate from this, so this is not in place
of that and it is separate, it is a separate code from that.
MR. TERRANOVA: No, I understand that.
COUNCILWOMAN DOHERTY: Okay.
MR. TERRANOVA: But this, anybody renting on the 14 day has to abide by this local law.
COUNCILWOMAN DOHERTY: Right.
MR. TERRANOVA: And if I recollect, this local law does not precede anything else in the town
code. It doesn't supersede anything in the town code. What I am saying here is, yes, there is a
need to make sure that all the homes that are for rent, okay, are safe and so forth and I agree with
all of that but there is an element of this law that I think will go a long way in helping the 14 day
enforcement of the 14 day minimum which is being flagrantly violated throughout the town, we
all know that. Okay? And as I say, the folks are smart, a determined homeowner who is renting
their home and you know, raking in good money during the season, they are finding all kinds of
ways getting around the current existing law. I think we are good, this will go a long way with
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 14
those recommendations. I think you have got to communicate it properly, make sure there is no
excuse for anybody not knowing what the local law is and in terms of violating that 14 day,
there's no permit for them next year. That's it. one year you are out if you violate that 14 day,
now I am not saying you have got to inspect every year, that should be as it is written in here,
every two years but they should have to renew every year. Okay, those are my comments.
Thank you.
SUPERVISOR RUSSELL: Thank you.
LAURIE FINAN: Laurie Finan, Shutters and Sails Real Estate, Fishers Island New York. I
have a couple of things, so first I know you all have been working hard on this since December,
and I do appreciate listening to our comments and taking out a lot of what we said over the past
few months. I still believe there's a lot of administrative issues with the burdensome, the
paperwork and the cost for the homeowners to get to get this permit. I also agree with, I am not
sure her name but the gal before me, everything she was saying. On Fishers Island, our
community is such that our rental inventory is very low. We are a little bit different, we don't
have B&B's, we don't have hotels/motels, so we kind of, our economy depends a lot on the
rental industry. There will be some older homes that will need the pre-existing CO, they will
probably have some issues that they will then need to get an architect to give as built drawings
and such, so there will be cost and time involved. Probably going over the October 1, whatever
it is, so I just really want to add to the letters you have from Fishers Island, you know, it
definitely will have a negative impact I believe and I think it will in a lot of the communities here
in Southold. The other thing I wanted to bring up was the broker agent part of it and as a broker,
we need to be certain that the, anything we rent has a permit. Well, if the renewal is every two
years and we know they have a permit and they change something a year down the road, we
won't really have a way to know that. so the language, maybe change the language a little bit
but we don't want to be then in some kind of, obtaining an attorney fighting a battle we had no
way of knowing. So I think that's it. Thank you.
ANNE MURRAY: Hi, I am Anne Murray from East Marion. I just want to thank the Town
Board and Jill and the Town Attorney for working on this and finally getting it out. It has been a
long time coming. ever since I moved here 18 years ago, I always wondered why the town
didn't have a rental permit code and I've seen over the years fires in unsafe homes, I've seen
over-crowded places in Greenport, even though Greenport Village they are gone now because
they have all turned into AirBnB's which is a whole other issue but I appreciate that you have
gotten this done I think that people who are renting, I believe Jill came to East Marion this
weekend to update us on this code. There were a lot of questions and I believe a lot of these
documents are available in the town offices for a .25 copy fee, so it's not like you have to go out
and get a new survey, new CO. The documents should be on file and I believe also that this
gentleman who says that family is exempted, if you are renting to family you wouldn't have to
get a permit for your grandson's place, I think people need to read this, yes, it's in here. I think
people need to read the whole thing very carefully and I just want to say that anyone who has
rental properties knows they have costs involved with that and they can also raise the rent a little
bit if they think the cost of these documents and inspections are too much for them. I think it's a
very, very good step the town is taking. Thank you very much.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 15
DIANE DUNBAR: My name is Diane Dunbar and I am a licensed real estate agent, Century 21
in Greenport. I would like to address the short term rentals,vacation rentals and I can only speak
to my neighborhood and I am concerned about the-timing. I get permits, I get all the safety
issues, everything else, I understand that but if I read this correctly, you want a CO, that's fine,
you want a survey, that's fine. It does want a floor plan, or an architects drawing. I think this is
supposed to go in effect January?
COUNCILWOMAN DOHERTY: October 1St we have it.
MS. DUNBAR: October 1St, okay. For summer rentals, in my experience in my neighborhood
and the people I handle, mid-January is when they start calling to secure their two week or a
month vacation time. So I just am concerned that we don't have a lot of time and I am only
talking about a handful of houses in my community, you can imagine all of the summer rentals in
all of Southold Town. There are hundreds. There are absolutely hundreds and we have been
talking about the limited personnel that we have, if you want to go to the Building Department
and have the CO verified, it is going to take time. It's going to take a lot of time. So you are
saying in October we can go and start the permit process?
COUNCILWOMAN DOHERTY: Once we approve this, I would say you can start the permit
process right away. You don't have to wait until October.
MS. DUNBAR: And how will we know? When will we know?
COUNCILWOMAN DOHERTY: Once it is filed with the state it goes on our website. It's
difficult to get the word out, that's what I am trying to say. We normally post it on the bulletin
board, put it on the website and you know, the application will be available.
MS. DUNBAR: Will you put something in the Suffolk Times?
COUNCILWOMAN DOHERTY: Yes, yes. Certainly we can. Most likely we will be doing
that.
SUPERVISOR RUSSELL: One thing I will say from my perspective, I think that we maybe
don't have the personnel infrastructure in place to implement by October I but then again at the
public hearing tonight the Board takes the input and then we reconsider all of those things.
MS. DUNBAR: We just need enough time.
COUNCILWOMAN DOHERTY: Yes, thank you.
MR.TERRANOVA: One further thing, the lady just mentioned the issue of time, perhaps it's
possible that should the code enforcement get backlogged in permits for this, you know, starting
in October. Perhaps a one year temporary for those particular properties that may have some
issues with CO's that sort of thing, you know, just give them a little time as long as they are
aware of it, so on and so forth, that might be something the Town might consider.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 16
COUNCILWOMAN DOHERTY: Well, I'll speak for myself, I am dedicated to this process and
if we need to hire temporary help in the Building Department, I would hope that we can find a
way to do that but to give somebody a temporary one year rental to give them time to fix CO
problems, what if they don't fix those problems? And then we have already given them
approval, so I think it's all or nothing, it's a black and white thing, it's not. But I think we, I am
dedicated to work with this and we would work with everybody to get what, the paperwork and
everything that has to get done in a timely fashion.
MR. TERRANOVA: I have no problem with being quite intransient about it, all I am saying is
that ifpyou gave somebody a temporary and they didn't do it, that's it, you don't get a permit.
COUNCILWOMAN DOHERTY: Yes but I am not willing to put somebody in harms way, in a
house that I don't know is safe by state laws.
MR. TERRANOVA: That's a very good argument. I understand that. I just wanted to throw
that out.
COUNCILWOMAN DOHERTY: Thank you for the thought. That was a good try.
SUPERVISOR RUSSELL: The issue had come up with regard to immediate family members
which is pretty broadly defined, the only reference I can find to it is under 207-A and it says it
shall be an affirmative defense to a violation of sub-section A, that the rental occupant or
occupants are immediate family, is there a specific exclusion required?
TOWN ATTORNEY DUFFY: Inaudible.
SUPERVISOR RUSSELL: Okay.
MS. MURRAY: I have another question, in case everybody didn't read this, it says at the end
under implementation that no violation of this chapter will be charged prior to October 1. So that
means it is going to be on the books but it's not going to be enforced, so that gives people a lot of
time to get their affairs in order and get their permits and all of that and I am sure the Town is
going to have to find new code enforcement people as well, so...
COUNCILWOMAN DOHERTY: We are working on that now.
MS. MURRAY: By October everything should be worked out hopefully.
TOM MCCARTHY: Good evening. Tom McCarthy, Southold. I apologize, I came in a little
bit late this evening and I might have missed the first speaker and half of Pat Moore who I felt
doing a good job in jelling some of the issues that I have with the particular code. I think we are
all busy with our lives and our business lives and what we are doing and I commend you for
trying to tackle the issue and deal with life and safety which I think we are all in favor of and I
think we have to have some sort of a code to regulate it, it has to be drafted and it's easy to shoot
bullets at those sort of things but unless I missed it, I really would like to get the stakeholders of
the community involved. I know tonight is one of those evenings but we have representatives of
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 17
the Hamptons and North Fork Realty Association, the president and association executive, we
have other prominent real estate people and attorneys in the room but we've gone down this road
for other initiatives with the town, we've engaged the stakeholders early. The US/UK, the
hamlet studies, all the rest of it. We've put it together and said hey, what do you think? You are
the people that are most affected by this, how can you help us, how can you give us feedback
into how we should shape this code. What works for you and what doesn't work for you?
Perhaps you folks have done that and perhaps I have missed it. but my colleagues that are here
this evening perhaps are as equally dumbfounded as I am, is why haven't we been reached out
to, you guys are the ones that are handling this, you are going to be affected by the legislation we
are putting in place, if you violate it, we are sending a notice to the Department of State, your
livelihood is going to be affected. I think that you should reconsider this in its totality and
engage the stakeholders, get feedback, more feedback than may be available to be given this
evening. Have that dialogue with those that are affected on the professional side as well as those
affected personally and have a view on this and perhaps have a round table and be able to vet
these issues before we move forward on this code. There is a lot of different specific issues I
have with the code, you know, if you own your house in a trust or an LLC, you have to get a
permit to rent your own house back? I disagree with that. There's a lot of different things and I
am not going to take all of your time going point by point but I would respectfully ask the Board
to reconsider this in its totality and see what can we do to work together at a round table to come
up with something that works for everyone. Thank you.
SUPERVISOR RUSSELL: I just quickly want to address the issue of noticing because it came
up on few recent and this is a comment regarding the general process, not specific to what Tom
said. We published the text well over a month in advance, we put it in the newspaper, we put it
on the website. We send out, first of all, never mind the fact that there's article after article in
the local news media about these things, we notice code committee meetings. We do everything_
we can to try to get the public into the process. The problem is it doesn't seem to engage
anybody until the law is already at the public hearing phase, but also let me point out that one of
the ways that we reached out to the public is to put this out and have a public hearing and get that
input. To my knowledge, but for an occasional administrative change, we've never enacted a
local law without at least two weeks for us to digest what everybody has to, say. Just so you
understand, there's a real concerted effort on our part. I don't know how else to do it other than
knocking on doors. And quite frankly, I think that would be ignored anyway until the 11th hour.
MR. MCCARTHY: I appreciate that, I respect that and I think as I said before everyone is very
busy and then when it comes down to the final hour, we need to be able to pay attention to it.
But I think that you have some real stakeholders and_ some talent in the room that if we worked
together perhaps not just in a public hearing and we can go together with those who crafted the
code and get some feedback and some dialogue as we go forward here. Even if the Town Board
was open to sit around a table for an hour, half an hour, the real estate community can put
together our thoughts on this on a point by point instead of trying to encapsulate everything this
evening. I think that would be appreciated from the professional side.
SUPERVISOR RUSSELL: Would you consider tonight not closing the hearing but waiting for
the input?
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 18
COUNCILWOMAN DOHERTY: I was going to suggest leaving the hearing open for two
weeks for written comment.
MR. MCCARTHY: I welcome it, there's a lot of folks here that may have other comments and
that discussion may serve to provide a better piece of legislation than what we have at the
moment for gathering around the table to try to see what we can come up with in common to try
to come up with something, to try to meet everyone's goals.
COUNCILWOMAN DOHERTY: We'll decide later after hearing the rest of the comments, if
the Board wants to go back to the code committee, I mean we've been at the code committee and
invited everybody to do exactly what you have said and I am sorry you didn't get that notice but
if we need to that and drop this, then we can do that.
MR. MCCARTHY: Yes, I mean, we appreciate. As the Long Island Board of Realtors, we have
a very active North Fork chapter, we try to stay together, we have breakfast meetings, we do
education, we try to elevate the level of the brokers and agents. Some of the folks here on the
dais have presented to our boards in the past, we really try to engage and educate our members as
to what is going on and get their feedback and the benefit of the history that they have and we
would love to be able to share that to come up with something that would work for everyone.
JULIE AMPER: Julie Amper from Mattituck. Tom, I have a suggestion,you should....
SUPERVISOR RUSSELL: Please address the Board, not the speaker.
MS. AMPER: Well, I would just like to say that I am nobody and I subscribe to the Town Board
where they notify you of every meeting, whether it's the Zoning Board, Code Committee, and all
of that and what's on the agenda and I can find out what's going on and I am not involved like a
realtor would be. So it is available if you want to subscribe to that website. You can find out
that there were many meetings on this subject in the past few months, that we could have gone
to,that were public meetings.
COUNCILWOMAN DOHERTY: Thank you.
MR. MCCARTHY: I agree it's available, I think it's a matter of time. Today I was in Albany,
last night I was in Albany on realtor issues. There are certain things that we become aware of
that we try to share with everyone else that's affected. I apologize that it is kind of at the l ltn
hour but we beg your indulgence to hold the public hearing open so that we can get more formal
comments to you and come up with a better law.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
CARLA DENNEHY: I am Carla Dennehy and I manage the Douglas Elliman offices. I have
more of a question, I think everybody has kind many of covered my concerns already but I do
have a question. When we are looking at seasonal rentals, seasonal rentals I think are very
important to the town and tourism is very important to the town and this will put somewhat of
like a cold blanket on those seasonal rentals. The two week notice has already has had an impact
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 19
and I understand the reasoning for it but it has had an impact. What I have a question about is,
we talk about one family dwellings and then they give the definition of a family which is all
blood related and/or a partnership. In seasonal rentals, we don't always have that configuration.
You may have a couple of friends who rent a property or two couples or something along those
lines, so I am asking, and some of the properties are very large, it's not about overcrowding and I
certainly wouldn't encourage the old hardy homes that used to, especially on the south side,
prevail. But I don't quite understand the language there. Anybody want to clear it up?
COUNCILWOMAN DOHERTY: I think that we understand that the larger homes you might
have two families chipping in and renting a larger home for the month of August...
MS. DENNEHY: What about two friends who aren't blood related?
COUNCILWOMAN DOHERTY: That's fine...
MS. DENNEHY: It doesn't say that. At least, I don't see it.
SUPERVISOR RUSSELL: There is no restriction on who you lease to, it's who is exempt from
the permit.
MS. DENNEHY: But I, okay, let me just ask one more question...
COUNCILWOMAN DOHERTY: We are not, we are not interested in any, we just want the
homeowners name and information, we don't want the renters. People who are renting, we don't
care about their name, we just care about whatever the structure....
MS. DENNEHY: Was there not something about cars also though, that they had to register the,
cars, the number of cars that were going to be there.
COUNCILWOMAN DOHERTY: That's already in the code about...
MS. DENNEHY: Parking spots. So then why the big definition of family?
SUPERVISOR RUSSELL: Because, later, the definition is in the beginning and is later part of
the text of the code. It provides exemptions for immediate family members as defined.
MS. DENNEHY: And that part says that they, the word was defense, which would mean that
there might be a ticket issued, so I just think that, I just am concerned about the language, that's
what I am saying.
SUPERVISOR RUSSELL: Sure.
MS. DENNEHY: If you would just take another look,that's all I am asking.
SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board?
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 20
MR. LADEMANN: You said that you put this in the paper but there are a lot of people that
don't read the legal notices in the paper, I know that for a.fact.
SUPERVISOR RUSSELL: I don't know how else to reach them then.
COUNCILWOMAN DOHERTY: One suggestion was put it in the tax bill, in New York State
does not let us put notices included in tax bills.
SUPERVISOR RUSSELL: Suffolk County Tax Acts prohibits us from putting anything in the
tax bill other than the tax bill.
UNIDENTIFIED: Just one comment on the car situation, it said one registered car per bedroom,
is that correct? So if you had a one bedroom cottage and you have plenty of room on the
property and you have a husband and a wife and they both have cars, so maybe two cars but now
the law says one car per bedroom, so it doesn't leave a lot of rooms for exceptions...
SUPERVISOR RUSSELL: Inaudible. So I will get clarification from board members, I will
agree with your confusion.
COUNCILMAN GHOSIO: I believe that it was one per bedroom plus one.
COUNCILWOMAN DOHERTY: Yes, I was going to say that. I don't know what section it
was in.
COUNCILMAN GHOSIO: Taking into account that if you only had one bedroom. The
question was about cars and parking. As I understand it, it says you can one per bedroom plus
one. So if you have only one bedroom, that allows you two cars.
UNIDENTIFIED: Inaudible.
MARY HUETTENMOSER: I wasn't planning on speaking, my name is Mary Huettenmoser, I
have a summer home out here in East Marion, I am a New Jersey resident. I guess one comment
as far as vehicles, I did have a concern about the vehicles because I have five children and my
husband and I, we come out, well, we may come out all at one time. If I decide to continue
renting my place out here for the couple of weeks each summer, does that mean I am going to be
imposed on not having enough parking? Because we could have seven people, seven cars, with
all my kids, they are adults, they come out at different times, they don't want to carpool. So now
I have a three bedroom, I am going to have not enough parking for my kids. So I am curious to
find out, if I take out a rental permit, now personally am I not going to have enough room for all
my cars?
COUNCILMAN GHOSIO: Are you a renter or homeowner?
MS. HUETTENMOSER: I am an owner.
SUPERVISOR RUSSELL: Then you would be precluded from the conditions of the permit.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 21
MS. HUETTENMOSER: I understand for my renters, that's fine. I am thinking 90% of the
time, I am out here. So not to be able, if I take out a permit not to be able to have all my kids
here.
COUNCILWOMAN DOHERTY: No, this is for the renters.
SUPERVISOR RUSSELL: The permit speaks to the issue of use. So when you are using it, as a
rental.
MS. HUETTENMOSER: Not all the time?
SUPERVISOR RUSSELL: Right.
MS. HUETTENMOSER: Okay, just want to make sure that, I don't want to open up a can of
worms. As far as the survey, I have a question about that. my property, I took out a permit and
put in a mini-addition on to my house, so the survey I have does not have that addition because I
just got the CO last month or something. So does that mean I have to spend $1,000 on getting
new survey?
COUNCILWOMAN DOHERTY: No, if you have a CO for that, there is record of that in the
building department already.
MS. HUETTENMOSER: Okay.
SUPERVISOR RUSSELL: The survey thing, I have to be honest, it being raised today. it is
presenting a concern to me today because we don't have a very good inventory of surveys in
town government. Many of the homes were issued permits prior to anybody requiring one.
particularly if they are pre-CO. So I think that's something we have to look at a little more
carefully.
COUNCILWOMAN DOHERTY: Yes, I mean, when we discussed it we actually had a, in the
beginning we actually had a survey deadline and then, the surveys do present a problem but also,
there's another side of it, of having accurate records. And I started working in the town in the
80's in the Trustee office and it was hand drawn wetland lines and hand drawn things on surveys
and you know, 10-20 years later they say well I have a permit, we're like, well, that's not what's
there now. You know, that's one of the reasons why we ask for a survey because it's a little
more accurate than a hand drawn drawing. That's something that we can talk about.
SUPERVISOR RUSSELL: And the one concern that I have is that a lot of the old permits were
issued against hand drawings.
COUNCILWOMAN DOHERTY: Yes.
SUPERVISOR RUSSELL: And that's the record and it was adequate at the time, so yes, you're
right, getting an updated survey or getting a survey now might be a bit onerous particularly with
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 22
the backlog, surveyors are very busy right now. And it's an expense, we need to reconsider that
or maybe finesse it a little better.
MS. HUETTENMOSER: As far as the CO because I just got one,just because I just finished a
permit. So how soon does, does everybody need to get a new one or does that one that I just
got...
SUPERVISOR RUSSELL: The, you are already CO'd.
COUNCILWOMAN DOHERTY: Yes, you are already CO'd, just fill out the application form
and submit that, your CO number on the form and then it will be reviewed, the application form.
MS. HUETTENMOSER: It didn't say on there, as far as the CO, what was a valid time period.
COUNCILWOMAN DOHERTY: So the reason why we ask for an inspection, either by, you
can have a licensed architect stamp it or a licensed engineer or you can ask the building
department to come and inspect, so you have a CO, they can just look and say the CO is still
valid, you are good. Or they can go in and say, you added another room, that's not on the CO,
you have to come in for more permits. So the CO can be 10-20 years old, as long as everything
is the same it's still valid.
SUPERVISOR RUSSELL: Just as a clarification, CO's are good until the end of time unless
you make a substantial change that would require a new CO. So once they are issued, they are
issued.
MS. HUETTENMOSER: And then as far as the issue that was brought up about corporations,
LLC's, I do know that there are homes in our neighborhoods that are owned by trusts or LLC's
because that's how, liability issue, they were probably advised by their attorney to put that house
in, and some of them don't rent at all. reading the document it appears, would that be trusts,
estates or just specifically corporations and LLC's, as listed in there.
COUNCILWOMAN DOHERTY: What we are asking under that section is we just need the
name of a person, a person that is on that corporation that is an officer or, so we have a contact
person. We don't want you know, just an LLC, then who is the person we are supposed to
contact and talk to?
SUPERVISOR RUSSELL: There has to be a responsible party when it's a corporation.
MS. HUETTENMOSER: I was just saying, because the wording in there appeared that
regardless of whether you rent you need to submit for a rental permit. I understand the concept
but...
COUNCILWOMAN DOHERTY: No, no. That's not the 'intent. We can try to make that....
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 23
MS. HUETTENMOSER: Rental permits required or something, A, if you rent it out, B, it was
actually B, if you are an LLC, if you had anybody occupying the premises, you must get a
permit.
COUNCILWOMAN DOHERTY: Yes, yes.
MS. HUETTENMOSER: I mean, it's not for me but I know there are neighbors in my
neighborhood that are listed as an LLC, so they then would have to be...
COUNCILWOMAN DOHERTY: Right, if they were renting it out to a member of that LLC....
MS. HUETTENMOSER: No, but it's listed as if you need a rental permit, you are an LLC. It
doesn't say...
COUNCILMAN GHOSIO: I think I agree with that.
SUPERVISOR RUSSELL: Good point.
MS. HUETTENMOSER: Question about the partioning, like where you can't have a locked
door? I know that a lot of rentals, that you have a bedroom that you close off or a garage that
you don't let them into, you are saying that they must have access to all of your stuff?
COUNCILWOMAN DOHERTY: That was brought to my attention in speaking to a lot of
people, I think we have to revisit that section because there are plenty of rentals that do close off
a closet or even a whole room to have their personal stuff while they are renting it out, so we
need to look into that more but the purpose of that was...
TOWN ATTORNEY DUFFY: Inaudible.
COUNCILWOMAN DOHERTY: Yes, state code. Thank you.
SUPERVISOR RUSSELL: We have to defer to state building code, fire and safety code, so
(inaudible) building inspector to see what we can do here.
MS. HUETTENMOSER: Okay, that was only thing that I was wondering about that. Um,
waterfront, in our neighborhood, this is talking about the front yard parking. Unfortunately in
our neighborhood they are relatively small lots and the only parking for waterfront homes is in
the front yard. So I just had a question about that one spot that said you are not allowed to park
in your front yard?
COUNCILWOMAN DOHERTY: Well, if that's the general parking, if you have always parked,
than that's your parking area.
MS. HUETTENMOSER: Okay.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 24
COUNCILWOMAN DOHERTY: We are talking about you have your parking area and then
you move cars all over the yard. And that's already in the code.
SUPERVISOR RUSSELL: Front yard is the rear yard in waterfront?
COUNCILMAN GHOSIO: Yes,typically the Trustees consider the waterfront the front yard.
COUNCILWOMAN DOHERTY: Yes.
SUPERVISOR RUSSELL: And the land side, what would be the traditional front is considered
the rear yard I believe with waterfront properties.
TOWN ATTORNEY DUFFY: No.
SUPERVISOR RUSSELL: No?
COUNCILWOMAN DOHERTY: No, the building department still....
MS. HUETTENMOSER: We have two front yards is what I have been told. So I just thought
that may cause a problem and I didn't know if there was some way to put an exception in for
that. and as far as notification, I do live in New Jersey and I realize that there is some type of
notification system that I can sign up for because if it weren't for my realtor, I would never have
known about this. You know, I don't come out, I only come out on weekends and sometimes I
don't even buy the Suffolk Times, I am out here to relax....
COUNCILWOMAN DOHERTY: You can sign up through our website for notifications.
MS. HUETTENMOSER: I will do that. The last thing is,.I do rent homes in New Jersey, I have
full time rentals, I have three different towns that I rent in and back there the rental process,just
an fyi, is that it's a two page document, it requires you to put the names of the owners, the
mortgage holder, who takes care of the care maintenance, that kind of stuff. It's only a two page
document. You have to bring it to the town so that they know which properties are rented.
There is no fee and then you are required to have a fire department inspection. That's it.
COUNCILWOMAN DOHERTY: So that's basically, we developed a two page application and
it's a little more,extensive than just a fire department application but we, yes, that's basically...
MS. HUETTENMOSER: You are worried about safety...
COUNCILWOMAN DOHERTY: Yes, that's it.
MS. HUETTENMOSER: The fire department goes in, makes sure there's handrails, makes sure
there's CO2 detectors, make sure the furnaces are okay, so that's all the safety issues are
handled.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 25
COUNCILWOMAN DOHERTY: Right and that's what our CO will answer. You can't get a
CO unless you meet all those state codes and fire codes. So that's why we say if you have a CO,
we know that you meet those codes and our building inspectors or code enforcement officers or
if you chose to have an engineer or architect will certify that that is true. So that is basically the
same premise.
MS. HUETTENMOSER: It seems like there's so many departments in on the permit, that
there's so many things going on, it seems a little overwhelming; like I said, I rent in three towns
back in Jersey and I have never encountered this. When I saw this I was like, wow.
COUNCILWOMAN DOHERTY: That's why it's so difficult to come up with a code because
you start out with let's do A, B and C and then they are like, you have to go here and go here,
(inaudible) but you have to do it. You have to do it.
MS. HUETTENMOSER: It seems like a lot pulled into the permit.
COUNCILWOMAN DOHERTY: Unfortunately it's, it has to be. I tried to keep it as small and
condensed as possible and there are things that I don't want to see in there but it just has to be.
Because of state code and town codes.
MS. HUETTENMOSER: Okay, those are my comments. Thank you for listening to me.
COUNCILWOMAN DOHERTY: Thank you.
UNIDENTIFIED: Just the last one on language, it's on the broker/agent responsibility, A and
the sentence in there `It shall be unlawful and a violation of this chapter and an offense within
the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit,
advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any
dwelling unit for which doesn't have a rental permit.' So lease, rent or sale, sale shouldn't be in
there.
COUNCILWOMAN DOHERTY: So we have a correction that I forgot to mention that says sale
on behalf of owner, it should have the word rental dwelling in there.
UNIDENTIFIED: Okay.
COUNCILWOMAN DOHERTY: So in other words, if it is a rental dwelling, before you sell it
to the next person, you can say, you just have to notify them that there's a rental code and they
have to get...
MR. MCCARTHY: With all due respect, I disagree with that. Homes are bought and sold
without certificates of occupancy throughout the town all the time. So...
COUNCILWOMAN DOHERTY: No,this is if it is a rental dwelling.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 26
MR. MCCARTHY: So it may still pre-date 57, have been in the family and you know we have
sold several of them so far this year that pre-dated 1957, did not have a pre-CO...
COUNCILWOMAN DOHERTY: And did they rent them out? Would they have to come in for
a rental permit?
SUPERVISOR RUSSELL: I don't know how they would get title insurance without a pre-CO
being issued.
COUNCILWOMAN DOHERTY: This is only for rental dwellings, not for if you sell a house
that's not being rented.
MR. MCCARTHY: So you classify it as a rental dwelling if it has a permit?
COUNCILMAN DINIZIO: No, if you want to rent your house, you need a permit.
MR. MCCARTHY: And how do you tie that in? Into the sale?
COUNCILWOMAN DOHERTY: For the sale of a rental dwelling, so if you have a rental
dwelling and you are selling it and it is going to continue to be a rental dwelling...
MR. MCCARTHY: The broker doesn't know if it is going to continue to be a....
COUNCILWOMAN DOHERTY: Right.
TOWN ATTORNEY DUFFY: You are going to advertise it as (inaudible)
COUNCILWOMAN DOHERTY: And if it's not, then it's not. Then you don't have to have it.
If someone has a house and they rent it out and then sell it and the new person is living there full-
time, then they don't need the rental.
SUPERVISOR RUSSELL: It's an easy fix, remove sale from that.
COUNCILWOMAN DOHERTY: Yes, we can do that.
MR. MCCARTHY: Remove sale. A few other things I really didn't want to go into on a point
by point basis, but'you are talking about roof run-off,that's really....
SUPERVISOR RUSSELL: That's already part of the code,that's 258, 236....
MR. MCCARTHY: Rental permit, so if you have a house that doesn't have gutters, you have to
put them on in order to get a rental permit?
SUPERVISOR RUSSELL: They would have to anyway, the town has every right to require
someone to retain their own water on site.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 27
COUNCILWOMAN DOHERTY: They do that now.
MR. MCCARTHY: I understand that they can but I think what we should identify is what are
some of the perhaps pitfalls of someone going into this. So this says gutters and it also talks
about drywells or directing it. So if someone doesn't have gutters on their house, they are going
to have to put on gutters and dig up their yards and put in drywells and do sub-surface drainage
in order to get a rental permit?
COUNCILWOMAN DOHERTY: They have to bring their property up to code.
MR. MCCARTHY: As determined by whom?
COUNCILWOMAN DOHERTY: It's already in the code, as determined by the building
department and code enforcement.
SUPERVISOR RUSSELL: The drainage reviews are submitted and reviewed by the town
engineers.
MR. MCCARTHY: Are we saying that it's in the code to obligate an existing property owner
who doesn't have gutters on their home to install them today?
COUNCILWOMAN DOHERTY: Yes.
COUNCILMAN DINIZIO: When you want to do rentals, when you want to have a permit to do
rentals, you are changing the character of what exists, then you need to bring that up to code.
From my point of view, the problem exists because I don't want a building inspector going in
and inspecting these things and ignoring, having him have to ignore things on that property that
he knows is wrong. That's (inaudible). If it were just a question of, in my opinion, you going to
a window saying I want to rent out my house, fill out this thing and you are on your way and we
don't require any inspection, then you know, a lot of that stuff gets thrown by the wayside, but
you know, once you start having to have your employees take on the responsibility of perhaps
ignoring some things when they are on the property and you know they are on that property, they
have seen that property, then there is a liability in my opinion, putting an employee in a bad spot.
He knows that he is supposed to have gutters on this house because you know we have this MS-4
(inaudible) okay, that basically to me says that everybody has to have gutters and so you know,
that's where the sticky point is, Tom.
MR. MCCARTHY: It is very sticky, you can have a home that was built in 2008, they have not
changed a thing and it was prior to that code and now you have a CO, you have a survey, you
have everything current and you want to rent it, now you have to dig up your yard and put in
drywells.
COUNCILWOMAN DOHERTY: Well....
MR. MCCARTHY: It seems onerous to me.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 28
COUNCILMAN DINIZIO: I am not disagreeing with you.
COUNCILWOMAN DOHERTY: Chapter 236 says you have to keep the drainage on your own
property and if anybody right now comes in to say get a permit to put a porch on, they are going
to have to upgrade their whole house for drainage.
MS. MOORE: No, that's not true. I just want to clarify that. so the rule right now from my
understanding and experience, I could be wrong but my understanding is if you do let's say a
small renovation to your house, you may have to address that portion that you are renovating and
put gutters, not necessarily drywells, you may have to make sure the water does not go beyond
your own property, so that's a much different thing from having to comply in total with 236. So,
we have thrown an awful lot here that you are completely dissuading anybody, if that is what you
are trying to do for a couple of bad apples, dissuading rental, you have done it beautifully. There
has to be a simpler way. What the young lady said regarding Jersey, if your issue is regarding
health and safety, then a safety inspection is really all you need and that can be done by pretty
much anybody at the building department, code enforcement, it is not entire litany of regulations
that you have implemented here, it's purely safety like.
COUNCILWOMAN DOHERTY: Right.
MS. MOORE: You have fire extinguishers properly installed....
COUNCILWOMAN DOHERTY: Smoke detectors, ....
MS. MOORE: Smoke detectors and in fact, the building department on a pre-CO inspection,
even though it was built prior to zoning, will implement safety inspections. So they'll say listen,
we know this was built prior to '57, we are going to make you put fire detectors and maybe you
need a handrail where one would be really appropriate.
COUNCILWOMAN DOHERTY: Right.
MS. MOORE: But that's it. They are not going to make you rebuild the house just to get a pre-
CO.
COUNCILWOMAN DOHERTY: Right.
MS. MOORE: I think the same should be considered here...
COUNCILWOMAN DOHERTY: So that's the same process that we are going to use....
MS. MOORE: No, I am sorry,that's not the way it has been written.
SUPERVISOR RUSSELL: I will state my position, I agree. I agree. The goal here is pretty
simple, actually, I think Jim has a good point. Are we going to send town people with charges to
go out and ignore other aspects of the code but at the same time, maybe we need to hone this a
little bit because it has one stated goal which is public health, safety and welfare and frankly,
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 29
protection of the surrounding community which I am going to comment on when we close this
up. I am going to say a couple of things so you understand where we are coming from.
MR. MCCARTHY: So inherent in that, if we do have to check it, once the building inspector
leaves, are we to assume that everything is safe and the building inspector is taking that
responsibility for the town because he signed off on it.
COUNCILMAN DINIZIO: No, no, no Tom. We are saying that, assuming that our people are
honest and (inaudible) that they were there, they didn't see any violations. That's what we are
saying. I mean, the next day if it burns down, it's not on the building inspector.
MS. MOORE: The town never has liability.
COUNCILMAN DINIZIO: Right. Right. That's not the point. The guys have to live with
themselves, okay, they have to go to work every day, they are trying to follow the rules, being
honest with everybody in town. So you know, I know sometimes it seems like they are just
blinders on but honestly, in order to do their job, that's what they have to do, follow the code.
That's what's there. if they see something that's not, again, and that's the risk you take when
you put a public employee into your home to inspect it.
MR. MCCARTHY: I understand and I think that Pat's point is well taken, that they strive for the
health, safety and welfare and I have had 30 years of dealing with the building inspectors and
lots of folks in Town Hall and they all try to do a good job, they try to really meet those goals but
I don't know if this is really specific to that at the moment. We have an affidavit that the
homeowner needs to sign that the property meets all federal, state, county local laws. That's a
pretty high bar for a homeowner to have to state here and what happens if they are wrong? What
are the penalties, what are the offenses? It's not addressed in here. So we are putting the burden
on the homeowner to affirm that it meets every federal code. How do we know?
COUNCILWOMAN DOHERTY: By getting your CO.
MR. MCCARTHY: But if you inspect it, then you are giving me the assurance that he does meet
it but Jim, you are saying that the building inspectors don't want that responsibility.
COUNCILMAN DINIZIO: No, I am saying when they issue that CO, everything that's in the
code will have been done. At that point.
COUNCILWOMAN DOHERTY: At that point.
COUNCILMAN GHOSIO: If it's a 20 year old CO, it may not meet current hurricane standards
today.
MR. MCCARTHY: Absolutely. You are putting the onus on the applicant for a rental permit
that we comply with everything.
COUNCILMAN DINIZIO: Yes.
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 30
MR. MCCARTHY: How do we know? How do you know?
COUNCILMAN DINIZIO: We inspect it. Tom, listen, I am not, me personally, I am not for
having these types of inspections for rental properties but if we are going to do that, we are, in
my opinion, we need to rely on our employees to do the proper thing. And once you set a
building inspector on a piece of property and his charge is to inspect that piece of property and
walk away from there knowing that all the codes have been met that he is in charge of enforcing,
that's what we expect him to do. Now that is going to be very costly. I am getting that from you
now, I don't think I did at 4:00 this afternoon.
MR. MCCARTHY: It is very costly and is our building code officials skilled in all the federal
laws that you are asking the homeowner to assert that it complies with?
COUNCILWOMAN DOHERTY: They do that now.
MR. MCCARTHY: All the federal laws?
COUNCILWOMAN DOHERTY: Whatever the state....
MR. MCCARTHY: Very far reaching, the statement that you have in here but I will certainly be
in favor of something that's health, safety and welfare but I believe this goes well beyond that
and it's a bit over reaching into a lot of other aspects of code enforcement that could be taken on
a different day with the building inspector, to go on to these properties, follow up on expired
permits, do those things that something that is entirely separate. That's your goal, is to bring
everything into compliance, I don't think that you ought to use the rental permit as your tool.
SUPERVISOR RUSSELL: Fair point.
COUNCILMAN DINIZIO: We might look into the bed and breakfast because bed and breakfast
are inspected differently. Maybe that's where we have to go.
MR. MCCARTHY: It just seems like it's the leverage point, you want something from us, now
we want everything from you. I don't know if that's really the goal. Health and safety, the
health, safety and welfare of the residents and their guests, I get it 100 percent but I think this
meets that and goes well beyond it and I don't think that's your intention because it causes a lot
of pain for the residents, it causes a lot of burden for inspection and it causes a lot of perhaps .
unintended consequence.
COUNCILWOMAN DOHERTY: So I hear what you are saying and I agree to a certain extent
but how are the officials of the town going to be satisfied that we're saying okay, you can rent in
your house, we think your house is safe enough to rent to somebody else or we think your house
is even safe enough to live in, how are we going to be satisfied-with that?
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 31
MR. MCCARTHY: I think you need to establish some standards that are specific to what you
are trying to protect. If it's methods of egress, if it's smoke and carbon monoxide, if it's having
a responsible party that can be called and respond to a nuisance...
COUNCILWOMAN DOHERTY: Right.
MR. MCCARTHY: If it's those things, yes, I can see that. Parking in the front yard or the
driveway and drainage and everything else that's going on, if somebody doesn't have a CO for
the deck because they didn't get it at some point in time, now they have got to get a survey and
you can't rent your house, there's a lot of unintended consequences and I think they, are two
separate paths, one is for rental for health, safety and welfare and the other one is code
enforcement, of what the town should be doing normally. Not resting it on the back of a rental
permit.
COUNCILWOMAN DOHERTY: Right. We are doing those other things normally and a lot of
the stuff that's in here is also in other sections of the code and we are just making people aware
this is what entails having a safe house.
MR. MCCARTHY: How do we handle, we have two identical properties, somebody goes for a
rental permit, now they are up to speed and there's no enforcement to their next door neighbor
who may have identical circumstances? What are we doing for the health, safety and welfare of
the people that rent that unit?
COUNCILMAN DINIZIO: Tom, you have got to remember, we don't do that already. You are
right, we are using this as an entry way of getting into a house and in making it meet today's
standards, I agree. That's something that I don't know how you get around that. That's what it
is. I mean, there are plenty of houses out there that are not properly CO'd. You can't go knock
on their door. This is one way of getting in.
COUNCILWOMAN DOHERTY: My thought process is, so if we just say okay, we are going
for fire safety, you have got your smoke alarm, you CO2, this and that but we see other things
aren't right but okay, we are not going to look at that because we are just doing rental law and
then they rent it out and somebody gets hurt, something happens, they are going to come back to
the town and say you gave the rental law, you said the house was safe. So I want to make sure
that house is safe.
MR. MCCARTHY: I don't know if I agree with that because I am not an attorney but...
COUNCILWOMAN DOHERTY: Yes, I don't know how liable we are but...
MR. MCCARTHY: I don't know and I don't want to make that assessment. I would defer to
counsel (inaudible) and perhaps looking at it but I don't think that because you have a rental
permit that somebody is saying that the aluminum wiring that you have in your house from 1972
that nobody could see is safe. I think that's a really far stretch. So I would encourage a
collective conversation to revisit and say what are we really trying to achieve and is this the
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 32
mechanism to achieve everything or is this just for the health, safety and welfare of the tenants?
Thank you.
SUPERVISOR RUSSELL: Would anyone else like to address the Town Board that hasn't
spoken yet? Just to let everyone have a chance. Right. Okay.
MR. LADEMANN: I have never heard, I worked 23 years as code enforcement for the county,
electrical investigator and I never heard of that before. Before that I was 18 years in my own
electrical business. I don't know when they started this...
SUPERVISOR RUSSELL: To have gutters?
MR. LADEMANN: To have gutters.
SUPERVISOR RUSSELL: You are talking about the drainage code of the town that requires
people keep their runoff on site?
MR. LADEMANN: Inaudible.
SUPERVISOR RUSSELL: Not necessarily. There is a standard for that. I have to agree, now
we are having a discussion on the merits of the drainage code and I do not think that was the
intent of this code. I think there are things we have to revisit. I just want to say a few things and
I think everybody said a lot of good things but I think there's issues here you're missing. The
restriction on cars is because we have a lot of absentee landlords. You,talk about stakeholders,
Tom, every resident in Southold Town is a stakeholder of this code. There are absentee
landlords that are putting people's lives at risk. We had a house fire just a year or so ago.
Twenty seven people in one house. They are stakeholders.. Try getting them to a meeting. I
couldn't even reach out to get them help to relocate them because they live in fear of government
intrusion. I don't know if it's a residency status issue or not but they are all stakeholders. The
people that have to live next door are stakeholders. All of these people are and a lot of these
have to do with bad actors. How do you go after the bad actors if you don't at least hold
everybody to the same standard? How do you do that? If you don't have a current cap on cars,
how do you go after the car that lets nine sit in his front yard? He's got the dumpster on one side
and nine cars on the other and maybe eight of those cars have actual plates on them. So how do
you address that? if you are going to create code, you can't just go after the bad guys. You have
to create a code that sets a bar and then everybody has to live within that bar. And that's how
you get the bad guys. So there's a lot of issues here we are trying to address and I admit, it's
over-reaching, I am going to be the first to say, all of these issues you raised tonight, I think we
need to sit down and have a more thorough discussion on it but understand something, there's a
lot we are trying to address here. I know Mr. Lademann, we were neighbors. You keep your
yard, it's impeccable. But a lot of absentee landlords don't. Which is why we have property
maintenance requirements. So we are trying to address more than just public health, safety and
welfare, we are trying to protect the quality of life for the people that live in communities next to
these houses. Or down the block from these houses. The people that put the same effort that you
put in. And it's for naught because they have to drive past a house every day that's in disrepair
and we go out and we try to prosecute on the property maintenance code, good luck finding this
Local Law in Relation to Rental Permits Public Hearing
June 5, 2018 page 33
guy from New Jersey. Certified letters are getting returned to us. So it's some difficulty that we
are trying to address, not just some of the, I think it's, it is a little over-reach but it can't be so
narrow that it completely ignores all those other issues. Just so you know where we are coming
from.
COUNCILMAN RULAND: I think it's interesting to point out that the public hearing process is
always a mystery to me because all of the things that were talked about tonight really need to
take place prior to the draft. But the process is exactly the reverse. So what we see here tonight
is that people have come and they have participated in a public hearing and they have made in
many cases a very cogent discussion on something that concerns them enough that certainly I
know that I say I agree with the Supervisor, that based on the testimony it is obvious we need to
take another look at many of the points that the people who came and testified said. And I don't
consider it and nor would I want it to be, turning into an `us versus them'. The supervisor made
a good point that we are all citizens of the town and we have an obligation to say we want this to
work for everybody and I think we certainly can because we have taken input from people who
have expertise, input from people who own property, people just who have concern and I think
that's more than reasonable and based on that I am glad we will leave the hearing open for
another two weeks so we can get comment and perhaps based on that, I think Tom your
suggestion is a good one, we certainly will need another,code committee sit down and make sure
the parties are aware of when it is going to be so they can participate. You know, I also, I agree
on many of the safety points because the various fire departments have made passionate pleas to
us about doing something. Alright, so if this is our proverbial first shot across the bow, a lot of
ways you can say well, we just present a blank paper, we will have a hearing, we will take it all
down and then we will do it because a lot of time and effort went into the draft but I understand
that this is the way it has to be done. And people made comments on the draft and certainly I
have taken a lot of notes and I know the town attorney has as well. I would look forward to
moving forward, not in any way an adversarial position.
SUPERVISOR RUSSELL: And I would say getting the application down to two pages, this is a
town that has a three page application for yard sale permits. What we are going to do is table the
public hearing, we are going to ask for input over the next two weeks and then sit down and
figure out where we are from there. But I have to say everybody raised some good points. Just
so you understand where we are coming from,the challenges we are trying to raise.
COUNCILWOMAN DOHERTY: Thank you for coming out.
SUPERVISOR RUSSELL: We have a motion to keep this hearing open for another two weeks.
This hearing was tabled at 9:21 PM
13,
Lyn M. Rudder
Deputy Southold Town Clerk
Board Meeting of June 5 2018
Southold Town Board -Letter g
Ilk
RESOLUTION 2018-565 - -- Item # 5.50
`H�
TABLED DOC ID: 14223
THIS IS TO CERTIFY THAT'THE FOLLOWING RESOLUTION NO. 2018-565 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5,2018:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the Bch day of May, 2018;a Local Law entitled "A Local Law in relation
to Rental Permits" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled "A Local Law in relation to Rental Permits"
207-1 Legislative intent.
A The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight,protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling-units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
Generated June 6, 2018 Page 71
` Southold Town Board - Letter Board Meeting of June 5, 2018
---
-----------services. The Board-finds-that eur-r-ent Code-provisions-are inadequate-to-halt-the _
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL -The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector, Chief
Building Inspector, Principal Building Inspector, Senior Building Inspector, Building
Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire
Marshal,Fire Marshal I,Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior
Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of
Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a
New York State Code Enforcement Official.
DWELLING -A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY -A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living independently of
each other.
DWELLING, ONE-FAMILY -A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY -A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each other.
DWELLING UNIT -A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY -The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or grandchildren,
siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER -Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises, with or without accompanying actual
possession thereof; or who shall have charge, care or control of any dwelling unit as a
Generated June 6; 2018 Page 72
Southold Town Board - Letter Board Meeting of June 5, 2018
----- --cooperative shareholder-or-as-executor- administrator- tr-ustee,-receiver
an-ofthe
estate or as a mortgagee in possession, title or control; including but not limited to a bank
or lending institution, regardless of how such possession, title or control was obtained.
RENT -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,whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY - The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
$ 207-3 Neighborhood preservation requirements.
A Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent the accumulation of water. Gutters, culverts, catch basins,
drain outlets, stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized to prevent damage to any portion
of the subject or adjacent properties or any improvements thereupon.
B Steps,walks, driveways,parking areas and other paved areas shall be maintained in
good repair.
C Yards shall be kept clean and free of physical hazards and debris.
D. All lawns common areas and recreation areas shall be maintained in a clean and neat
condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in
total height No portion of a lawn shall be damaged or destroyed by overuse or by the
parking or driving of motor vehicles on such established lawn area. Carpet, tarps,
sand or materials that damage or destroy the lawn shall not be placed anywhere upon
a front lawn at any time. No portion of any front lawn shall be used for the parkinIZ,
placement or storage of motor vehicles, trailers, boats or campers.
E Exterior surfaces of any and all dwellings, structures and accessory structures,
including but not limited to fences that are not inherently resistant to deterioration,
shall be periodically treated with a protective coating of paint or other suitable
preservative All surfaces shall be maintained free of deterioration, including but not
limited to broken or missing glass, loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scalinlz or deteriorated paint.
F Dwellings, structures and accessory structures shall be maintained so as to be free of
conditions detrimental to safety or health.
G Dwellings, structures, accessory structures and property shall be maintained free of
Generated June 6, 2018 Page 73
Southold Town Board - Letter Board Meeting of June 5, 2018
- - --- vermin, rod en-t-har-bor-age-and.infestation.-Methods used.for exterminating vermin--
and rodents shall conform to Suffolk County Health Department standards.
H Adequate sanitary facilities and methods shall be used for the collection, storage,
handling and disposal of garbage and refuse and sewage pursuant to Suffolk County
Health Department standards.
I Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a
clean and sanitary condition.
J Dwellings, structures and accessory structures shall be free of partitions or locked
internal doors barring access between segregated portions of the buildinIz or dwelling
unit.
K No bedroom or sleeping quarters shall have interior key locks or dead bolt locked
doors servicing said bedroom or sleeping quarters.
L No bedroom shall constitute the only means of access of other bedrooms or habitable
spaces, and bedrooms shall not serve as the only means of egress from other habitable
spaces.
M Carbon monoxide alarms and detectors shall be installed on every habitable floor of
any dwelling, structure or accessory structure with a carbon monoxide source, in
accordance with the New York State Uniform Fire Prevention and Building Code and
Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
$207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
§207-6 Inspections.
A No permit shall be issued under any application unless all the provisions of the Code of
the Town of Southold,the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York have been complied with.
B The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit,
rooming house, rooming unit or premises at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency,without consent of
the owner, for the purpose of performing his duties under this chapter.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subject to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
Generated June 6, 2018 Page 74
Southold Town Board - Letter Board Meeting of June 5, 2018
- D Conflict with-other-chapters-or-law.Nothing-in-this-Chapter shall-be-construed-to _
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E Presumption of rent Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
$207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
$207-8 Rental permit required.
A It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B Entities including, but not limited to, limited-liability companies, corporations, small
corporations, partnerships and professional corporations shall have a valid rental
permit in effect at any time the dwelling is occupied.
C. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reiect incomplete applications. The Code Enforcement Official
shall create and approve the application requirements in accordance with this
chapter.
(2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by
the Code Enforcement Official or his designee employed by the Town of
Southold, or(2) provide to the Code Enforcement Official an inspection report,
designed and approved by the Code Enforcement Official, signed by either a New
York State licensed professional engineer, New York State licensed architect or
home inspector who has a valid New York State Uniform Fire Prevention
Building Code certification that the structure and the dwelling units contained
therein meet all applicable housing,sanitary, building, electrical and fire codes,
rules and re-gulations.
D.. Rental permit requirements.
(1) Rental permit applications shall be in writing on a form designed and
approved by the Code Enforcement Official and shall include the owner's name,
address and telephone number.
Generated June 6, 2018 Page 75
Southold Town Board - Letter Board Meeting of June 5, 2018
- ---(2) Rental permits-shall._also include.the maximum number of persons-that-are
allowed to occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of
rooms in the rental dwelling unit, and the dimensions and use of each such room
shall be included The name, address and telephone number, if any, of the
managing allent or operator of each such intended rental dwelling unit shall be
included.
(4) All applicants must submit a sworn statement that there are no existing or
outstanding violations of any federal, state or county laws or rules or regulations
or of any Town of Southold local laws or ordinances pertaining to the property.
(5) All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning the
restrictions on the number of unrelated persons occupying said residence.
(6) All applicants must submit the following documents:
,(a) An accurate property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on the
survey, a site plan prepared by a licensed surveyor or engineer, drawn to
scale, showine all buildings, structures,walks, drives and other physical
features of the premises and the number, location and access of existing and
proposed on-site vehicle parking facilities
(b) Copies of all certificates of occupancy and/or pre-certificates of occupancy
for all buildinjZs and structures on the property.
(c) An affidavit setting forth the address to be used as the last known address of
the owner for service pursuant to all applicable laws and rules. The owner
shall notify the Building Division of any change of address submitted
pursuant to this section within five business days of any change thereto.
(7) Each application shall be executed and sworn to by the owner of the premises.
(8) Any additional information required by the Code Enforcement Official.
(9) All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any issues
with the property 24 hours a day. The owner of the property must file the
manager's address,telephone number and other contact information with the
Code Enforcement Official within five days of the designation of the manager or
any changes thereto.
E Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
F. Renewal of rental permits.
(1) The Code Enforcement Official shall design and approve a renewal rental permit
application form.A renewal rental permit application signed by the owner shall
be completed and filed with the Building Department on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit application
shall contain a copy of the prior rental permit.
(2) A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
Generated June 6, 2018 Page 76
Southold Town Board - Letter Board Meeting of June 5, 2018
(a) That there-are no existing or-outstanding-violations of any federal, state or
county laws or rules or regulations or of any Town of Southold local laws or
ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior valid
rental permit and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are located to
take place pursuant to Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date has
passed If the expiration date has passed, the owner must file a new application.
G. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle located thereat.
X207-9 Revocation of permit.
A The Code Enforcement Official shall revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code. Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
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 public hearing on-such-appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and a decision either sustaining such permit revocation or reinstating such permit
within 30 days after 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.
C Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk
with the written request for the appeal.
4207-10 Broker's/Agent's responsibility.
A Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of
this chapter and an offense within the meaning of the Penal Law of the State of New
York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer
for lease, rent or sale on behalf of the owner any dwelling unit for which a current
rental permit has not been issued by the Code Enforcement Official. It shall be the
Generated June 6, 2018 Page 77
e
Southold Town Board - Letter Board Meeting of June 5, 2018
broker's or agent's duty to verify the existence of a valid rental permit before-actin . ._
on behalf of the owner.
B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or
security, or a commission, in connection with the rental of a rental dwelling unit
located within the Town of Southold where no valid rental permit has been issued as
required under this chapter.
C. In the event that a person convicted of a violation of this section shall have been a real
estate broker or salesperson licensed by the State of New York, at the time such
violation was committed, the Town Clerk shall transmit a record of such conviction to
the Division of Licensing Services of the Department of State and make complaint
thereto against such licensee on behalf of the Town of Southold, pursuant to the
provisions of Article 12-A of the Real Property Law.
X207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
§207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of the second of the two
offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law $ 10(1)(ii) a(9-a) and $
10(1)(ii)d(3) and pursuant to .4 10(5) of the Statute of Local Governments, and is
intended to.supersede Town Law 4 268 and any_other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
§207-13 Implementation.
This chapter shall be effective upon filing with the Secretary of State,whichever is later. No
violation of this chapter will be charged prior to October 1, 2018.
II. Severability.
If any clause, sentence,paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence,paragraph,
section or part thereof directly involved in said judgment.
111. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
Generated June 6, 2018 Page 78
t
Southold Town Board - Letter Board Meeting of June 5, 2018
Elizabeth A. Neville
Southold Town Clerk
RESULT: TABLED [UNANIMOUS] Next: 6/19/2018 4:30 PM
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: , Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated June 6, 2018 Page 79
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been resented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 8t day of May, 2018, a Local Law entitled"A
Local Law in relation to Rental Permits" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 5th day of June at 7:32 p.m. at which time all interested persons
will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Rental Permits"
§ 207-1 Legislative intent.
A The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods, prevent neighborhood blight, protect residential property values,
encourage residential property maintenance and enhance the quality of life in our
residential neighborhoods.
B This chapter is intended to apply to all dwelling units within the Town of Southold.
The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code,Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety,welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter,which regulations are remedial in nature and effect. The
Board also finds that owner occupied dwellings can also fall into disrepair and not be
adequately maintained,which has a detrimental effect on neighborhoods.
C Nothing herein shall interpreted to supersede any requirements contained in Chapter
280 or any other chapter of the Town Code of the Town of Southold.
f �
207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector, Chief
Building Inspector, Principal Building Inspector, Senior Building Inspector, Building
Permits Examiner, Zoning Inspector, Electrical Inspector,Plumbing Inspector, Fire
Marshal, Fire Marshal I,Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior
Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of
Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a
New York State Code Enforcement Official.
DWELLING - A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY -A building, other than a or apartment house,
designed for and occupied as a residence by three or more families living independently of
each other.
DWELLING, ONE-FAMILY- A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY-A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each other.
DWELLING UNIT - A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY-The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or grandchildren,
siblings uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER-Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises,with or without accompanying actual
possession thereof, or who shall have charge, care or control of any dwelling unit as a
cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including but not limited to a bank
or lending institution, regardless of how such possession, title or control was obtained.
RENT -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,whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
f l
RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY- The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
207-3 Neighborhood preservation requirements.
A. Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent the accumulation of water. Gutters, culverts, catch basins,
drain outlets, stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized to prevent damage to any portion
of the subiect or adiacent properties or any improvements thereupon.
B. Steps,walks, driveways, parking areas and other paved areas shall be maintained in
good repair.
C. Yards shall be kept clean and free of physical hazards and debris.
D. All lawns, common areas and recreation areas shall be maintained in a clean and neat
condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in
total height. No portion of a lawn shall be damaged or destroyed by overuse or by the
parking or driving of motor vehicles on such established lawn area. Carpet, tarps,
sand or materials that damage or destroy the lawn shall not be placed anywhere upon
a front lawn at any time. No portion of any front lawn shall be used for the parking,
placement or storage of motor vehicles, trailers, boats or campers.
E. Exterior surfaces of any and all dwellings, structures and accessory structures,
including but not limited to fences that are not inherently resistant to deterioration,
shall be periodically treated with a protective coating of paint or other suitable
preservative. All surfaces shall be maintained free of deterioration, including but not
limited to broken or missing glass,loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scaling or deteriorated paint.
F. Dwellings, structures and accessory structures shall be maintained so as to be free of
conditions detrimental to safety or health.
G. Dwellings, structures, accessory structures and property shall be maintained free of
vermin, rodent harborage and infestation. Methods used for exterminating vermin
and rodents shall conform to Suffolk County Health Department standards.
H. Adequate sanitary facilities and methods shall be used for the colleetion, storage,
handling and disposal of garbage and refuse and sewage pursuant to Suffolk County
Health Department standards.
1. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a
clean and sanitary condition.
I Dwellings, structures and accessory structures shall be free of partitions or locked
internal doors barring access between segregated portions of the building or dwelling
unit.
K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked
doors servicing said bedroom or sleeping quarters.
L. No bedroom shall constitute the only means of access of other bedrooms or habitable
spaces, and bedrooms shall not serve as the only means of egress from other habitable
spaces.
M Carbon monoxide alarms and detectors shall be installed on every habitable floor of
any dwelling, structure or accessory structure with a carbon monoxide source, in
accordance with the New York State Uniform Fire Prevention and Building Code and
Town Code Chapters 100 and 144.
207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
§207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
§207-6 Inspections.
A No permit shall be issued under any application unless all the provisions of the Code of
the Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York have been complied with.
B The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit,
rooming house, rooming unit or premises at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency,without consent of
the owner, for the purpose of performing his duties under this chapter.
C Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subiect to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
A Conflict with other chapters or law. Nothing in this chapter shall be construed to
negate the authority for inspections pursuant to any other section of law or court-
ordcrM inspection.
E Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
4207-7 Application for search warrant.
The Code Enforcement Official-or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
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 to allow an inspection of its rental 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.
&207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B Entities including, but not limited to, limited-liability companies, corporations, small
corporations, partnerships and professional corporations shall have a valid rental
permit in effect at any time the dwelling is occupied.
C. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reject incomplete applications. The Code Enforcement Official
shall create and approve the application requirements in accordance with this
chapter.
(2) Inspection report the owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by
the Code Enforcement Official or his designee employed by the Town of
Southold, or (2) provide to the Code Enforcement Official an inspection report,
designed and approved by the Code Enforcement Official, signed by either a New
York State licensed professional engineer,New York State licensed architect or
home inspector who has a valid New York State Uniform Fire Prevention
Building Code certification that the structure and the dwelling units contained
therein meet all applicable housing, sanitary, building, electrical and fire codes,
rules and regulations.
D. Rental permit requirements.
(1) Rental permit applications shall be in writing on a form designed and
approved by the Code Enforcement Official and shall include the owner's name,
address and telephone number.
(2) Rental permits shall also include the maximum number of persons that are
allowed to occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of
rooms in the rental dwelling unit, and the dimensions and use of each such room
shall be included. The name, address and telephone number, if any, of the
managing agent or operator of each such intended rental dwelling unit shall be
included.
(4) All applicants must submit a sworn statement that there are no existing or
outstanding violations of any federal, state or county laws or rules or regulations
or of any Town of Southold local laws or ordinances pertaining to the property.
(5) All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand the Southold Town Code concerning the
restrictions on the number of unrelated persons occupying said residence.
(6) All applicants must submit the following documents:
(a) An accurate property survey of the premises prepared by a licensed surveyor
drawn to scale not greater than 40 feet to one inch, or, if not shown on the
survey, a site plan prepared by a licensed surveyor or engineer, drawn to
scale, showing all buildings, structures,walks, drives and other physical
features of the premises and the number, location and access of existing and
proposed on-site vehicle parking facilities
(b) Copies of all certificates of occupancy and/or pre-certificates of occupancy
for all buildings and structures on the property.
(c) An affidavit setting forth the address to be used as the last known address of
the owner for service pursuant to all applicable laws and rules. The owner
shall notify the Building Division of any change of address submitted
pursuant to this section within five business days of any change thereto.
(7) Each application shall be executed and sworn to by the owner of the premises.
(8) Any additional information required by the Code Enforcement Official.
(9) All rental properties containing eight or more rental units shall provide for a
designated site manager,who shall be available to address and resolve any issues
with the property 24 hours a day. The owner of the property must file the
manager's address, telephone number and other contact information with the
Code Enforcement Official within five days of the designation of the manager or
any changes thereto.
E. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal,New York State or Suffolk County
guidelines.
F. Renewal of rental permits.
(1) The Code Enforcement Official shall design and approve a renewal rental permit
application form. A renewal rental permit application signed by the owner shall
be completed and filed with the Building Department on or 90 days prior to the
expiration date of any valid rental permit. A renewal rental permit application
shall contain a copy of the prior rental permit.
(2) A renewal rental permit application shall contain a signed sworn statement
setting forth the following:
(a) That there are no existing or outstanding violations of any federal, state or
county laws or rules or regulations or of any Town of Southold local laws or
ordinances pertaining to the property; and
(b) That there are no changes to any information as provided on the prior valid
rental permit and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises on which the same are located to
take place pursuant to Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental
applications for dwellings wherein the prior rental permit expiration date has
passed. If the expiration date has passed, the owner must file a new application.
G. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for
each legally designated bedroom, as determined by the Code Enforcement
Official, as well as one additional registered motor vehicle located thereat.
4207-9 Revocation of permit.
A. The Code Enforcement Official shall revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed 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, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code. Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
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 public hearing on such appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and_a decision either sustaining such permit revocation or reinstating such permit
within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk
with the written request for the appeal.
§207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of
this chapter and an offense within the meaning of the Penal Law of the State of New
York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer
for lease, rent or sale on behalf of the owner any dwelling unit for which a current
rental permit has not been issued by the Code Enforcement Official. It shall be the
broker's or agent's duty to verify the existence of a valid rental permit before acting
on behalf of the owner.
B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or
security, or a commission, in connection with the rental of a rental dwelling unit
located within the Town of Southold where no valid rental permit has been issued as
required under this chapter.
C. In the event that a person convicted of a violation of this section shall have been a real
estate broker or salesperson licensed by the State of New York, at the time such
violation was committed, the Town Clerk shall transmit a record of such conviction to
the Division of Licensing Services of the Department of State and make complaint
thereto against such licensee on behalf of the Town of Southold, pursuant to the
provisions of Article 12-A of the Real Property Law.
V07-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
4207-12 Penalties for offenses.
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 not less than $500 and not exceeding$5,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a
period not to exceed 15 days, or both, for conviction of the second of the two
offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and 4
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law & 268 and any other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
4207-13 Implementation.
This chapter shall be effective upon filing with the Secretary of State,whichever is later. No
violation of this chapter will be charged prior to October 1,2018.
II. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in said judgment.
III. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
Dated: May 8, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE MAY 17,2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
#0002210490
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 05/17/2018
Principal Clerk
Sworn to before me this C 1 day of lun '2,e
C A VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06105050
Qualified In Suffolk County
My Commission Expires February 28,2020
r
it
Your key 50e6f en_Trees Planted.Privacy Trees esta_kd
6 Seasoned Firewood
to business on
M the North Fork. 631-765-4617
chrismohrenterprise@yahoo.com
4,,5 a ; W6..{�t
3t'� w.wwG...z..-..m...y 1�..- ;'h»a' `»mwc,k-w'"°'.� Ku.D r':ri'.ie,s.x.t ,' `.'.ia'4».,v.,....¢,^.^ �wu.M e$-_Y^ ....t,•,< °..�..i.+w"s-»}Y is:*_ .»»`?e i ',&�.
i ,^^ ..,......^m.w, ..:F,:°"Y"�,,+.-;.k✓ea..4.�w�;.ik'wfnwaw.-Sa..,�
4 . �' HENNESSEYGET
W/11 Service
CL R
Over 30years experience TIMELY ESTIMATES BECAUSE
1"10USzi"itlfilpS - r" ;, �. ,"1 }�� � t,
YOUP TIME IS VALUABLE
� lrngatiari'pumps
A Water, TODAY i
tankSr
.Water,line.repa+rs EF *' 00
Tom\Hennessey 631252 2125 • _WWWCOWINDOWSAIET
10 Tnugoa Ugl;ea;S►vlmpe aqI q11m paeog umjL i I I i q 3o IeTUaa pal naao aaumo-uov moa3 m
01 nlamp palev Isap aaJg o;uawaJao;ug apoj aqI -srae suolllPuoJ snogas ploy;nog 3o annoy
Tu Vn a oI uonuail a Uo n panss►sl gJlgm Tnuaa aqI u►s;stxa aaagl Iegl pauluiaa;ap seq plo
s im Iola i V = .Lwmad AjNVdI133O r1V.LN9I no oumo a o auo umo a o
® i a g3 S3 Z gT3 P S Z qL'P[
L O qL asn pue Jne glnog 3o amol aq;ulgllm shun uyiamp
Im ;Lajas -nano Bans ao3 Iuaa And 3oaaagl s;ue nJ lie oj)Clddu of papua;ul sl aaI eqa slq,L a
[xa llllamp -Jo ao Iue naao ayl gaaaym Iuama ueaae •spoogaogylau Ieyuappax
eJ pyo ue aapan Lmappaa so auloq ase SUosaa ano u1 a31I3O 11En aqI aJaegua pue aJue
ao�zlaoyl aaom ao auo q Ilun nuillamp a 3o asn so -valulem Xpadoid Ieyuaplsaa a eanoaua
as FL 'g Jue naao aqy-AONVdII00O rIV.LNaa soman as oa leyuaplsaa Iaaloa Tq 11q
NaN o3 me mao IEluaa ao3 paulel poogaogq lau 3UaAaja 1SpOOqj0qqZ11aU ley
Z§quno0 -mEm so pasn pal noao pagsllgelsa Tlun -uaplsaa ano 3o Ila alul ayallsae agT anaaS
1sl llgnces u11—P V-.LINA WrlrlaMQ'IVlKffH -aad oI sl aaT eqJ sy.qj30 lualul ag.L 'V
o apol •3oaaaglclUa ul and e S a ap rJl�cl de s;ue nJJo ao IaE nJql PUB mum Jo a T ; ; 1, '1 Opul-LOZ§
,�sllmaad leluag of uoyelaa
IN 'V aqI uaamlaq sls!xa Iueual pue paoipuBl ul Merl IeJol V„ pallpUa mel leaol V
C ao3 9-LOZ§ 30 lgsuollelaa Te al a lou ao aaglagm Ilun smog
i ylT m uoyu111amp e3o Jue n3Jo pue asn of lq la aql -Io3 se paldope Agataq sr ploglnoS 3o umoy
N gllm ao Jue UJJO pue asn ao3 amen 3o BUM aqI 3o apo0 aqI 3o LOZ ialdeg3 mou V -I
aogaeJ
10
ao saJTAJW ao3 ao pu11 Ul luam a smollo3 se ploglnoS 3o umoL
y, oq a gllm ulpnlJUl uopeaaplsuO, a19enlen aaglo aql;o pieog umoy aqI.Cq QgLDVNE1,LI dff
F sed gaeg ao Iaa oa auouc ul uanlaa V-yNgg
T L— STOZ'ON MV'I'IVOO'I
F aplxo •paulelQo sem IoaluoJ ao ayy volssas smoIIO3
)►?a S LOZ§ so yaps moq to ssalpae as uollnllsul ul se spear„slnuaQd lEluag of UOTlElai ut me-I
4, nlosaa -pual ao Kueq E oI paIgug IOU lnq ulpnlJUl [)0-1V„'pappuo mB-1 leoo-I pasodoid OLLL
IeluaH .IoaluoJ so allp uolssasso ul as a loom pmaq oq of Alm
I-LOZ§ e se ao alelsa aqI 3o uelpaen so aanlaJ -nlioddo ue uaA19-Qq Iltnm suosiod palsazalut
11e 001 -aa aalsna; aolealslunupe aolnaaxa se ao Ile autn gonlm le m' Z£rL 7e aunp 3o ep
[` �1PI1ng aaplogaaegs anyeaa ooJ a se llun u9lamp qq;s aq1 uo`I_ioA marl`PlogmoS'peog utuW
-. t as alelg sue 3O IoaluoJ ao mm) a ae a ane S60£S`II H Z PI ql S ql le mL-11eoo-T
�I g q e Umo o no a
aJ.mos 11egs oqm 10.3oaaagl uolssasso lenlJe m ptes0103e aqI uo 8uueaq otlgnd e ploq 11Tm
€ ,a', ;:� ., , •a r eluaa Laos - uE moJae Inogllm ao q;lm saslucaa um ploglnoS 3O umo,L ag13O p.Teog um0j ag11Bg1
r £ p 10013 01 all Ie al aneq llegs lsjaqlo q;lm UUlo. NdAIrJ 2i�I L2II13 AggWdH SI aDlIoN
—Is saol ao auole oqm Ilua aaglo so uoyea0 PUB.,SITuuad leluag
i+ uo3ul p -aoJ Idlquaujand luosaaduV 2IHNMO 01 UoM[W al mB-j 1B30-1 V„ Pallqua mel
e l E •Sore-Ui ue sulsnoJ sma au saaalu
1 P q 1BJo'I B`810Z ,SEW;o,iBp cP8 aqI uo`3110,k
aToaa;ag3 se Isjune Isalaun IsNuqqjs 1uaxpjjq5puEa mall Xlunol )Ilo33nS 'PloglnoS 3o umoy
t algell so sluaae pueag 'SlUalud luaiplylJ aau aT11 3o pTBog umoy aqI 01 paluasazd uaaq
t I 9 1 smel 9UeaU1 -Iaa Jllsamop lasnoils s,aaUmo agl3o SIsIS sBq aiagl IslgAIrJ AE[HWRHSI gOLLON
} oyeln IN 'Z -uoa Ilan a snoq a 3o ammo aqI 3o ilme3 OAIIiIVAH 3I'I9l1d AO 93LLON —
t —alae�n alelpamml aq,L- fiIyWV3 g.LVIQgyCM 21311ONrIVOg'I
Ipuels I sa0op wyeltUes PUB - —- —
- —?l aneg UlaiooJ uvea al oars ulnli ao3 suols
h _ g iS � -x -jAojd Iuauemaa ulpnjaul lsuosaad aaom
qs uoy mp ao ao auo ao3 sa!11113e3 WUIAII Iuapua apul
TZ —Iuaaml alai moJ u!p!Awd asnlanals ao u1Pl!n4
Itmaa P31301 a ulgllm Ilun aI uls V-,LIAifl JNI'I'Igek1Q
v
Is ilanals .xaylo qaea
V'llm+Q 'f 30 Iuapua aptq u1n!1 sali!me3 onu ueyI
# xa Bala a aaom IOU ao3 aJUaplsaa ao amoq a se rams
YY aqI?aplsaa -nlaxa pal naao ao aq3 paU Isap 1paummu
' ulPlln$PI3 'IulPllnq V A IIT�IV3 OM L ONI I IgMQ
¢ :ISI aq gUnolpme3�avo ueyl
+� �{ Ile4s asn3aa aaom jou,(q aavaplsaa ao amoq a se fangs
p� ,y
11waa�tc 111p eq -nlaxa pal nmo pue ao3 paU Isap ulpimq
kYz ldL—igsspo paWLOPV <IMWV3-21N0 ONIT1aMQ
Ili V -H saglo pea 30
- •*-, aur°." ;..
�, aP IIEgs'SP1eP lluapua apul Ulnll salllme3 aaom ao aaagl
lela33O Tuq aauaplsaa a se pal mao pue ao3 pa Isap r✓a
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 15th day of May , 2018, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York,to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
PH—Rental Permits 6/5 7:32 pm
izabeth A.Neville
outhold Town Clerk
Sworn before me this
15th day of Ma ) 2018.
OL
.4�LNotary Public
LYNDA M. RUDDER
Notary Public,State of New York
No.01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,201J�
Hay Harbor Property Owners Association
Fishers Island, NY 06390
June 4, 2018
Town Board
Town of Southold
Southold, New York 11971
Ladies and Gentlemen:
We are writing to express our strong opposition to the proposed "Local Law in relation to
Rental Permits" as it would apply to Fishers Island. We believe a significant reduction in
summer rental activity on Fishers Island would result if the law was passed in its current form
without exempting Fishers Island. Summer rentals generate a modest amount of income to the
homeowners but given the expense and time that would be necessary for property owners to
obtain site surveys, arrange inspections and fulfill other requirements of the proposed law
(particularly given most island homeowners live on the mainland some distance from the
island), most renters would likely give up renting their houses rather than pursue a rental
permit.
A reduction in rental activity would have a follow-on impact on a number of island institutions.
The Ferry District would experience reduced traffic leading to reduced revenues and
necessitating schedule reductions. Local businesses such as the island's single grocery store, its
single restaurant/bar, single liquor store and the handful of specialty retailers are
disproportionately dependent on summer activity, some to the extent that they cannot afford
to stay open past Labor Day. These businesses would experience significant financial stress and
losing any of them would have a devastating impact on island life.
Fishers Island is unique and distinct from the contiguous North Fork Hamlets of the Town of
Southold in terms of its disproportionate reliance on a summer-only population and heavy
reliance on short term summer rentals. As you know, Fishers Island has a year-round
population of less than 250 which grows to 2,000-3,000 during July and August. Unlike some
other eastern Long Island communities,the rental activity on Fishers Island almost exclusively
involves individual families who rent a single family home for periods ranging from one week to
two months. The owners typically remain off-island during the rental period and return to their
homes at the completion of the rental. This churn is a critical component of the revenue base
of the Ferry District and the island businesses.
As proposed, implementation of the law would place a high burden on the renters, town
officials and independent service providers whose involvement would be necessary to comply
with the law. Fishers Island is geographically remote from the contiguous portion of the Town
of Southold and depending on the ferry schedule, travel to Fishers Island can take 4-6 hours
one way. There are 20 town officials identified as Code Enforcement Officials, of which most
are not resident on the island. Furthermore, few if any of the outside professionals who would
need to be involved in the process (licensed surveyor, licensed engineer, licensed architect) are
resident on the island. Extensive travel and complex coordination would be required to
accommodate these requirements and cost to island homeowners would be significantly higher
than for North Fork Southold residents in order to compensate the professionals for travel
time.
The Hay Harbor Property Owners Association (the "HHPOA") is an association consisting of 24
single family summer cottages located across from the Hay Harbor Club on the west end of
Fishers Island. We typify the vast majority of houses on Fishers Island in that each cottage is
owned by a single family (or family LLC) who are in typically in residence for all or a portion of
the summer. In any given year, a handful of the cottages are rented for some portion of the
summer,typically for a month or less. The availability of these rentals, even on a limited basis,
is critically important to our association. The reasons include: 1) there is not a single hotel or
B&B facility on Fishers Island and therefore any wedding or large family reunion must rely on
short term rentals, 2) young families who cannot yet afford to purchase on the island will
typically rent for a few years, often eventually buying the home they rent, 3) many longtime
property owners who have sold homes retain a strong emotional attachment to the island and
like to return their former neighborhood for brief periods, and 4) some owners rent their house
for a part of the summer to defray a portion of the high annual cost of property tax, insurance
and maintenance these costs. The HHPOA is supportive of these rental activities but if
necessary, is in a position to enforce against any abuse of traditional permitted rental activities.
We hope you will consider the unique requirements of Fishers Island which are distinct from
the contiguous North Fork Hamlets of Southold and exempt Fishers Island from the proposed
law. As proposed,the law would threaten the sustainability of the island's already fragile
economy and island life.
Sincerely,
Board of Directors
Hay Harbor Property Owners Association
-----Original Message-----
From: Leuchtenburg, Joshua A.
<Joshua.Leuchtenburggrope�ra�com>
Sent: Monday, June 4, 2018 2:41 PM
To: Laurie Finan<laurie o shuttersandsails.com>
Cc: William Cook<bardcooknearthlink.net>; Valarie Kinkade
<kinval(c�aol.com>; Kristen Cashel <colin.cashel@gmail.com>;
Lorna Stengel <lornasten_gel@gmail.com>; Hilary Bialek
<hbialek@gmail.com>; reynparsons <reynparsons@gmail.com>;
Louisa Evans <1pevans06390@,gmail.com>;
jimreid@mysticislerealt�com
Subject: Re: Local Law in relation to Rental Permits
Laurie. One driver of these laws is share houses housing many
workers in sub standard housing or even share party houses that
disrupt neighborhoods. This is not really the market if Fishers
today. Also, rents in Long Island are dramatically higher than
Fishers, at least in Southampton and I suspect in Southold which
lessens the burden on complying. Josh
P -
Joshua A. Leuchtenburg
ROPES & GRAY LLP
T+1212 841 5726 1 M+1917 856 4695
1211 Avenue of the Americas
New York,NY 10036-8704
Joshua leuchtenburg ropesgray.com<mailto joshua.leuchtenburg
@ropesgra�com>
www.ropesgrgy.com<hllp;//www.ropesgLqvLcom>
This message (including attachments) is privileged and
confidential. If you are not the intended recipient, please delete it
without further distribution and reply to the sender that you have
received the message in error.
3
mystic • lstc
QC!Atty. Inc.
June 4, 2018
"A Local Law in relation to Rental Permits"
Local Law No.2018
Dear, Town Board of the Town of Southold
Mystic Isle Realty has been in the real estate business exclusively on Fishers Island
for over 40 years. We handle a majority of the sales and rentals on the island have
had to work with the Town on almost every sale transaction in order to ensure that
the properties are "up to code" for property transfer. It is a long and frustrating
process and I understand the goal is to have safe dwellings and properties that
follow all of the current codes but if you want the inspector to visit all rental
properties logistically it is a nightmare. The only way it might happen is to have a
local inspector on island for a long period of time rather than a visit every 3-4
weeks. As far as having all of the rentals update their surveys there is basically
only one company (CME) that visits the island and again it is timely and very
expensive.
I have reviewed the New Chapter 207 and in general I agree with trying to bring
the properties "up to code" but would like to have a special exemption for Fishers.
I handle a lot of rentals and 95% are in July and August. We'at Mystic Isle have
done our best to have maintain a two-week minimum as 95% of my rentals are for
2+ weeks. 100% of our properties are owner occupied and most owners rent for a
couple of weeks during the summer because they either will be away or to gain
some income. There are very few off season or long term rentals on Fishers. We
don't have Airbnb and only one or two families try VRBO.
I ask that the Board takes Fishers unique location and type of rental business into
consideration.
Thank you, Jim Reid
'imreid gmysticislerealty.com
631.788.7882—Office 860.885.9880 - Cell
p.o.8OX 475 0 fiShel2S Island,ny 06390 •tel:631-788-7882 0 631-788-7339 =MAIL:WWW-T6YSt1CIStE1Ue2 Lty.COrr1.
Rudder, Lynda
From: Louisa Evans
Sent: Tuesday, June 05, 2018 11:11 AM
To: Rudder, Lynda
Subject: Fwd: Local Law in relation to Rental Permits
Sent from my iPhone
Begin forwarded message:
From: Louisa Evans < evans06390(a�gmail.com>
Date: June 5, 2018 at 6:56:40 AM EDT
To: scottrgsoutholdtowM.gov, Bill Ruland<rulandfarmgyahoo.com>,
bob.ghosioga town.southold.ny.us,jill dohertyatown.southold.ny.us,
f ames dinizio&town.southold.ny.us, billd e southoldtonM.gov, Elizabeth Neville
<e neville(a)town.southold.ny.us>
Subject: Fwd: Local Law in relation to Rental Permits
FYI
Sent from my iPhone
Begin forwarded message:
From: "Leuchtenburg, Joshua A." <Joshua Leuchtenburggropesgray.com>
Date: June 4, 2018 at 10:50:58 PM EDT
To: Laurie Finan corn>
Cc: William Cook <bardcookga earthlink.net>,Valarie Kinkade
<kinvaI@aol.com>, Kristen Cashel <colin.casheIggmail.com>, Lorna Stengel
<lornastengelggmail.com>, Hilary Bialek<hbialek(a��mail.com>, reynparsons
<reynparsonsggmail.com>, "-imreidgmysticislerealty.com"
yimreid(a�mysticislerealt3Lcom>, Louisa Evans <lpevans06390�aLmail.com>
Subject: Re: Local Law in relation to Rental Permits
Thanks Laurie. Having experienced the heavy hand safety is unlikely to apply to
our sorts of houses though I can understand for other housing types. Our house
in Water Mill is fully renovated so we can have an architect certify which makes
it simple but costly but when we had sought prerenovation the town brought up
extraneous code issues as it was an old house. I had to hire a lawyer and architect
to fight it which was expensive. We won but it was lengthy. My point is that it
is highly intrusive.
Joshua A. Leuchtenburg
ROPES & GRAY LLP
T+1212 841 5726 1 M+1917 856 4695
i
Southold Town Board - Letter Board Meeting of May 8, 2018
RESOLUTION 2018-458 Item# 5.64
ADOPTED DOC ID: 14123
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-458 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 8, 2018:
WHEREAS, there has been T,
to the Town Board of the Town of Southold, Suffolk
County,New York, on the 8 ' day of May, 2018, a Local Law entitled "A Local Law in relation
to Rental Permits" now, therefore,be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
5th day of June at 7:32 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as
follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Rental Permits"
§ 207-1 Legislative intent.
A. The intent of this chapter is to preserve the aesthetic integrity of our residential
neighborhoods,prevent neighborhood blight, protect residential property values, encourage
residential property maintenance and enhance the quality of life in our residential
neighborhoods.
B. This chapter is intended to apply to all dwelling units within the Town of Southold. The
Town Board of the Town of Southold has determined that there exists in the Town of
Southold serious conditions arising from non-owner occupied rental of dwelling units in
one, two and three family and multiple dwellings that are substandard or in violation of the
New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code,
Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of
the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and
such dwelling units pose hazards to life, limb and property of residents of the Town and
others,tend to promote and encourage deterioration of the housing stock of the Town,
Generated May 9, 2018 Page 98
Southold Town Board -Letter Board Meeting of May 8, 2018
create blight and excessive vehicle traffic and parking problems and to overburden
municipal services. The Board finds that current Code provisions are inadequate to halt the
proliferation of such conditions and that the public health, safety, welfare and good order
and governance of the Town will be enhanced by enactment of the regulations set forth in
this chapter, which regulations are remedial in nature and effect. The Board also finds that
owner occupied dwellings can also fall into disrepair and not be adequately maintained,
which has a detrimental effect on neighborhoods.
C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or
any other chapter of the Town Code of the Town of Southold.
§ 207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL
The official who is charged by the Town Board with the administration and enforcement of
this chapter, or any duly authorized representative of such person, including but not limited
to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior
Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal,
Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance
Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such
person(s) shall be certified as a New York State Code Enforcement Official.
DWELLING
A building designed exclusively for residential purposes.
DWELLING,MULTIPLE-FAMILY
A building, other than a or apartment house, designed for and occupied as a residence by
three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for and occupied exclusively as a home or residence by not
more than one family.
DWELLING, TWO-FAMILY
A building arranged, designed for or occupied exclusively as a home or residence for not
more than two families living independently of each other.
DWELLING UNIT
A single unit within a building or structure providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
Generated May 9, 2018 Page 99
Southold Town Board - Letter Board Meeting of May 8, 2018
cooking and sanitation.
IMMEDIATE FAMILY
The immediate family of the owner of a housing unit consists of the owner's spouse,
domestic partner, children,parents, grandparents or grandchildren, siblings, uncles, aunts,
nieces, nephews, cousins and in-laws.
OWNER
Any person,partnership, corporation or other entity who, alone or jointly with others, shall
have legal title to any premises, with or without accompanying actual possession thereof, or
who shall have charge, care or control of any dwelling unit as a cooperative shareholder or
as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in
possession,title or control; including but not limited to a bank or lending institution,
regardless of how such possession,title or control was obtained.
RENT
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,whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained for rental occupancy
RENTAL OCCUPANCY
The occupancy or use of a dwelling 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.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Code Enforcement Officer designated by
the Town Board with the administration of this Chapter and shall be valid for 24 months
from the date of issuance.
§ 207-3 Neighborhood preservation requirements.
A. Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent the accumulation of water. Gutters, culverts, catch basins, drain
outlets, stormwater sewers, approved combined stonn and sanitary sewers or other
satisfactory drainage systems shall be utilized to prevent damage to any portion of the
Generated May 9, 2018 Page 100
Southold Town Board -Letter Board Meeting of May 8, 2018
subject or adjacent properties or any improvements thereupon.
B. Steps, walks, driveways, parking areas and other paved areas shall be maintained in good
repair.
C. Yards shall be kept clean and free of physical hazards and debris.
D. All lawns, common areas and recreation areas shall be maintained in a clean and neat
condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in
total height. No portion of a lawn shall be damaged or destroyed by overuse or by the
parking or driving of motor vehicles on such established lawn area. Carpet, tarps, sand or
materials that damage or destroy the lawn shall not be placed anywhere upon a front lawn at
any time.No portion of any front lawn shall be used for the parking,placement or storage
of motor vehicles, trailers, boats or campers.
E. Exterior surfaces of any and all dwellings, structures and accessory structures, including but
not limited to fences that are not inherently resistant to deterioration, shall be periodically
treated with a protective coating of paint or other suitable preservative. All surfaces shall be
maintained free of deterioration, including but not limited to broken or missing glass, loose
or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or
deteriorated paint.
F. Dwellings, structures and accessory structures shall be maintained so as to be free of
conditions detrimental to safety or health.
G. Dwellings, structures, accessory structures and property shall be maintained free of vermin,
rodent harborage and infestation. Methods used for exterminating vermin and rodents shall
conform to Suffolk County Health Department standards.
H. Adequate sanitary facilities and methods shall be used for the collection, storage, handling
and disposal of garbage and refuse and sewage pursuant to Suffolk County Health
Department standards.
I. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a clean
and sanitary condition.
J. Dwellings, structures and accessory structures shall be free of partitions or locked internal
doors barring access between segregated portions of the building or dwelling unit.
K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors
servicing said bedroom or sleeping quarters.
L. No bedroom shall constitute the only means of access of other bedrooms or habitable
spaces, and bedrooms shall not serve as the only means of egress from other habitable
spaces.
Generated May 9, 2018 Page 101
Southold Town Board - Letter Board Meeting of May 8, 2018
M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any
dwelling, structure or accessory structure with a carbon monoxide source, in accordance
with the New York State Uniform Fire Prevention and Building Code and Town Code
Chapters 100 and 144.
§ 207-4 Fees.
Rental Permit fees to be set by Town Board resolution.
§207-5 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide
detectors, in compliance with New York State Uniform Fire Prevention and Building Code.
§207-6 Inspections.
A. No permit shall be issued under any application unless all the provisions of the Code of the
Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk
and the laws of the State of New York have been complied with.
B. The Code Enforcement Official is authorized to make or cause to be made inspections,to
determine the condition of dwellings and to safeguard the health, safety, morals and welfare
of the public. The Code Enforcement Official or his designated representative is authorized
to enter, upon the consent of the owner, any dwelling, dwelling unit,rooming house,
rooming unit or premises at any reasonable time during daylight hours or at such other time
as may be necessary in an emergency, without consent of the owner, for the purpose of
performing his duties under this chapter.
C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning
emergency inspections, shall be deemed to authorize the Code Enforcement Official or his
authorized representative to conduct an inspection of any premises subject to this chapter
without the consent of the owner of the premises or without a warrant duly issued by an
appropriate court.
D. Conflict with other chapters or law.Nothing in this chapter shall be construed to negate the
authority for inspections pursuant to any other section of law or court-ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other
premises subject to this chapter shall be presumed to be rented for a fee and a charge made
if said premises are not occupied by the legal owner thereof. This presumption shall be
rebuttable.
§207-7 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any
Generated May 9, 2018 Page 102
Southold Town Board - Letter Board Meeting of May 8, 2018
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 to allow an
inspection of its rental 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.
§207-8 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's
first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that the
rental occupant or occupants is/are immediate family members of the owner of the
subject premises, as defined in this chapter.
B. Entities including, but not limited to, limited-liability companies, corporations, small
corporations, partnerships and professional corporations shall have a valid rental permit in
effect at any time the dwelling is occupied.
C. Application review; inspection of premises.
(1) The Code Enforcement Official or his designee shall review each application for
completeness and reject incomplete applications. The Code Enforcement Official shall
create and approve the application requirements in accordance with this chapter.
(2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an
inspection of the unit or units and the premises on which the same are located by the
Code Enforcement Official or his designee employed by the Town of Southold, or(2)
provide to the Code Enforcement Official an inspection report, designed and approved
by the Code Enforcement Official, signed by either a New York State licensed
professional engineer,New York State licensed architect or home inspector who has a
valid New York State Uniform Fire Prevention Building Code certification that the
structure and the dwelling units contained therein meet all applicable housing,
sanitary, building, electrical and fire codes, rules and regulations.
D. Rental permit requirements.
(1) Rental permit applications shall be in writing on a form designed and approved by the Code
Enforcement Official and shall include the owner's name, address and telephone number.
(2) Rental permits shall also include the maximum number of persons that are allowed to
occupy the premises pursuant to this chapter.
(3) Rental permits shall contain a description of the unit, including the number of rooms in the
rental dwelling unit, and the dimensions and use of each such room shall be included. The
name, address and telephone number, if any, of the managing agent or operator of each such
Generated May 9, 2018 Page 103
Southold Town Board - Letter Board Meeting of May 8, 2018
intended rental dwelling unit shall be included.
(4) All applicants must submit a sworn statement that there are no existing or outstanding
violations of any federal, state or county laws or rules or regulations or of any Town of
Southold local laws or ordinances pertaining to the property.
(5) All applicants for a rental permit shall sign an affidavit stating that they have received a
copy of and fully understand the Southold Town Code concerning the restrictions on the
number of unrelated persons occupying said residence.
(6) All applicants must submit the following documents:
(a) An accurate property survey of the premises prepared by a licensed surveyor drawn to scale
not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a
licensed surveyor or engineer, drawn to scale, showing all buildings, structures, walks,
drives and other physical features of the premises and the number, location and access of
existing and proposed on-site vehicle parking facilities (c) Copies of all certificates of
occupancy and/or pre-certificates of occupancy for all buildings and structures on the
property.
(d) An affidavit setting forth the address to be used as the last known address of the owner for
service pursuant to all applicable laws and rules. The owner shall notify the Building
Division of any change of address submitted pursuant to this section within five business
days of any change thereto.
(7) Each application shall be executed and sworn to by the owner of the premises.
(8) Any additional information required by the Code Enforcement Official.
(9) All rental properties containing eight or more rental units shall provide for a designated site
manager, who shall be available to address and resolve any issues with the property 24
hours a day. The owner of the property must file the manager's address,telephone number
and other contact information with the Code Enforcement Official within five days of the
designation of the manager or any changes thereto.
E. Notwithstanding the above, no rental occupancy permit shall be required for a residential
care facility licensed under federal,New York State or Suffolk County guidelines.
F. Renewal of rental permits.
(1) The Code Enforcement Official shall design and approve a renewal rental permit
application form. A renewal rental permit application signed by the owner shall be
completed and filed with the Building Department on or 90 days prior to the expiration date
of any valid rental permit. A renewal rental permit application shall contain a copy of the
prior rental permit.
Generated May 9, 2018 Page 104
Southold Town Board - Letter Board Meeting of May 8, 2018
(2) A renewal rental permit application shall contain a signed sworn statement setting forth the
following:
(a) That there are no existing or outstanding violations of any federal, state or county laws or
rules or regulations or of any Town of Southold local laws or ordinances pertaining to the
property; and
(b) That there are no changes to any information as provided on the prior valid rental permit
and application.
(3) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the
unit or units and the premises on which the same are located to take place pursuant to
Subsection C(2) above.
(4) The Town of Southold shall not accept, review or approve any renewal rental applications
for dwellings wherein the prior rental permit expiration date has passed. If the expiration
date has passed, the owner must file a new application.
G. Registered motor vehicle restrictions.
(1) Each rental dwelling shall be entitled to have one registered motor vehicle for each legally
designated bedroom, as determined by the Code Enforcement Official, as well as one
additional registered motor vehicle located thereat.
§207-9 Revocation of permit.
A. The Code Enforcement Official shall revoke a rental occupancy permit where he or she
finds that the permit holder has caused,permitted, suffered or allowed 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, return receipt requested notice and opportunity to be heard has been
given to the permit holder, or the managing agent of such rental dwelling unit, a violation of
the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building
Code or a violation of this chapter or other chapter of the Town Code. Revocation of a
permit under this subsection cannot be done by a devisee or assistant of the Code
Enforcement Official.
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 public hearing on such appeal after receipt of written request of such appeal,
and after such hearing shall make written findings and conclusions and a decision either
'sustaining such permit revocation or reinstating such permit within 30 days after 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.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental
Generated May 9, 2018 Page 105
Southold Town Board - Letter Board Meeting of May 8, 2018
permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the
written request for the appeal.
§207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of this
chapter and an offense within the meaning of the Penal Law of the State of New York for
any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent
or sale on behalf of the owner any dwelling unit for which a current rental permit has not
been issued by the Code Enforcement Official. It shall be the broker's or agent's duty to
verify the existence of a valid rental permit before acting on behalf of the owner.
B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or security, or a
commission, in connection with the rental of a rental dwelling unit located within the Town
of Southold where no valid rental permit has been issued as required under this chapter.
C. In the event that a person convicted of a violation of this section shall have been a real
estate broker or salesperson licensed by the State of New York, at the time such violation
was committed, the Town Clerk shall transmit a record of such conviction to the Division of
Licensing Services of the Department of State and make complaint thereto against such
licensee on behalf of the Town of Southold,pursuant to the provisions of Article 12-A of
the Real Property Law.
§207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
§207-12 Penalties for offenses.
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 not less than $500 and not exceeding $5,000 or by imprisonment for a period not
to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to
exceed 15 days, or both, for conviction of the second of the two offenses, both of which
were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and §
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended
to supersede Town Law § 268 and any other statute or local law to the extent necessary to
increase the minimum and maximum penalties contained therein.
Generated May 9, 2018 Page 106
Southold Town Board -Letter Board Meeting of May 8, 2018
§207-13 Implementation.
This chapter shall be effective upon filing with the Secretary of State, whichever is later. No
violation of this chapter will be charged prior to October 1, 2018.
Il. Severability.
If any clause, sentence,paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in said judgment.
111. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
aja&4o�
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:William P. Ruland, Councilman
AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell
ABSENT: Jill Doherty,Robert Ghosio
Generated May 9, 2018 Page 107
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Monday, May 14, 2018 3:32 PM
To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd;
Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski,
Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey;
Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill;
Hagan, Damon; Silleck, Mary
Subject: Re: Rental Permit for publication
Attachments: Ad_Order_Form[6j.pdf;Ad_Image_Preview[1].pdf
Importance: High
Hello,
This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for
accuracy. Payment is due upon receipt.
Affidavits are processed and mailed out a week after the final publication date of the notice.
Thank you.
legals@timesreview.com
REV I EW
TIFB�S `;�l
MEDIA GROUP
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kqersic@timesreview.com
www.timesreview.com
PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication
dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this
policy.
ries �
REVI w
MEDIA GROUP
1
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kqersic@timesreview.com
www.timesreview.com
From: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>
Date: Monday, May 14, 2018 at 1:14 PM
To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,
Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.nv.us>, "Southold
Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"
<iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie"
<Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans
<Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Noncarrow, Denis"
<denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.nv.us>, "Rudder, Lynda"
<Ivnda.rudder@town.southold.nv.us>, "Russell,Scott" <scottr@southoldtownny.gov>, "Standish, Lauren"
<Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland
<rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon"
<damonh@southoldtownny.gov>, "Silleck, Mary" <marvs@southoldtownny.gov>
Subject: Rental Permit for publication
Please publish in the 5/17 edition of the Suffolk Times and the Town website,thank you
2
w
SoutholdVOICE: Questions for the Panel Regarding the
proposed, "Local Law in relation to Rental Permits."
1. What is the Town's primary objective enacting this code and creating
among other things a Rental Permit?
2. Has the Town examined the existing laws such as the housing code,
maintenance code, etc. which are already on the books that address
the issues addressed in the Rental Permit law?
3. Is this law targeting short term rental rather than year round rental?
4. How do you believe this law will impact homeowners who now rent
or are considering renting? Do you think the number of rentals will
increase or decrease? Have you done any research to determine if your
assumptions are correct?
5. The intent of the rental law is to protect the "aesthetic integrity" of
the community and is directed at rental properties — but it also
mentions that owner occupied homes fall into disrepair. Doesn't the
code chapter 100: Buildings, Unsafe; Property Maintenance cover this
concern?
6. 20.7=113 finds that:owner-occupied dwelli,ngs'can:'also-,16,111nto
disrepair acid
nOt.,-be adequately lmairitained, which- hasa detrimental=--effect,o,n
neighborhoods.
Should the Town have the right to legislate the appearance of owner
occupied homes? Could this rental regulation open the door to
broader legislation on home aesthetics?
7. The code gets very specific about what a homeowner must do to
meet the aesthetic code.
Fences that-are not'Jnherently resistant to;°defierioration. sha.l:Fb.e
periodically treated wuith:a protective-_coating cif=paint'or other
suitable preservative.
No:bedroom shall�constitute,the only;meansof._access-of other
bedrooms or habitabae spaces; and' bedrooms Shall not serve as the
only means ofegress from,other habitable spaces
Should the Town tell homeowners how to paint their fence or the
layout the bedrooms in their home?
8. The requirements seem to place a financial burden on homeowners
who are not all affluent property owners, for example, requiring a
current property survey required to rent a home? How does this
information help meet the goal to improve the aesthetic integrity of a
neighborhood?
9. Has the Town done any estimate of the added work hours of town
employees, needed to implement the new code? Particularly in view of
recent increase in payroll? How many new people will have to be hired
or how much overtime will be needed? What due diligence has the
town done to quantify the financial impact and manpower impact on
enforcement departments, building department, landlords, tenants,
etc.?
10. Has any research been done regarding whether and how much of
the costs of doing all the required permitting, possible repairs or
changes to the residence be passed along to the tenants? (maybe we
can take an informal show of hands in the audience.)
e
11. What was the basis of the penalties proposed in this Rental Permit
Law, Code section 207-12 reads as follows:
Anyperson, also:dation,:firm:oro.rporation,_whic `viol'ates ,any
provision.-of this chapter;or assists: n�the`=uiolation-0f any,provision of
this chapter shall,kie gulty,flf a vialatonpuni hab[eby:
A. ,$500 - $5,0:00 fine-or.,15,days:in-,pr'isori`o`r:both :for:,�`convictionj`15t
offense
$1,000-.$10,;000 fine or 15,days in,:,prison or--both fo:r 2 offenses
within 5 years,L
'B. 'Each week separate,additional violation
C. Supersedes ToWh, _,L-awl 268`:=suggesting these;persalties.are higher
than-whatalrea`d 'exists:
Does that mean a carpenter, electrician, plumber, etc., who modifies a
home for an owner is also complicit and will be prosecuted? Per the
code, someone could go to prison, albeit a minor violation — not having
a form, etc.
12. If faced with going to jail and huge fines, wouldn't a landlord who is
not in compliance have his tenants leave? Has the Town considered
the impact of the fines and penalties on the many "non-conforming"
rentals where many of our residents live.
13. Will you remove the existing 2 week minimum rental as a result of
this new law. assuming you have all your concerns covered with this
law?