HomeMy WebLinkAboutSH RES 1069
Southampton Town Board Sundy A. Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
November 15, 2018
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamptontownny.gov.
Signature: ____________________________ Date: __________________
Please be advised that the Town Board, at a meeting held on November 13, 2018
1:00 PM, reviewed the following resolution(s):
Town Board Resolution RES-2018-1069 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Town Code §330-11A (Accessory
Apartments) and Chapter 270 (Rental Properties) to Provide For Additional Affordable
Housing Throughout the Town
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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Southampton Town Board Sundy A. Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
November 15, 2018
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Please be advised that the Town Board, at a meeting held on November 13, 2018
1:00 PM, reviewed the following resolution(s):
Town Board Resolution RES-2018-1069 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Town Code §330-11A (Accessory
Apartments) and Chapter 270 (Rental Properties) to Provide For Additional Affordable
Housing Throughout the Town
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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TOWN BOARD RESOLUTION 2018-1069 Item # 7.42
ADOPTED DOC ID: 30463
Notice of Public Hearing to Consider Amending Town Code §330-
11A (Accessory Apartments) and Chapter 270 (Rental
Properties) to Provide For Additional Affordable Housing
Throughout the Town
RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on December 20, 2018 at 11:00 a.m., at Southampton Town Hall, 116
Hampton Road, Southampton, New York, to hear any and all persons either for or against a
local law entitled: “A LOCAL LAW amending Town Code Chapter 330 Article 11A (Accessory
Apartments), and Town Code Chapter 270 (Rental Properties) in order to provide additional
affording housing throughout the Town,” which provides as follows:
LOCAL LAW NO. OF 2018
A LOCAL LAW amending Town Code Chapter 330 Article 11A (Accessory Apartments) and
Town Code Chapter 270 (Rental Properties) in order to provide additional affordable housing
throughout the Town.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
There is a critical need to ensure housing opportunities for income-eligible households
within the Town of Southampton in order to sustain the local economy and community
services. Regional employers are finding it difficult to retain and hire employees because of
the limited availability of affordable housing. Recruiting essential volunteers for public
health and safety, fire and EMS is increasingly becoming challenging. While the Town has
benefited from increased tourism and second home ownership, income eligible households
including senior citizens, health care professionals, teachers, municipal employees,
mechanics, shop clerks and many others are being priced out of market rate housing. In
addition, as the cost of living increases, the extra-income derived from an accessory
apartment is needed to keep many current residents in their homes.
SECTION 2. Amendment.
Section 330-11.1 (Building Permit; Filing fees; approval) of Chapter 330 (Zoning) of the
Southampton Town Code is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-11.1 Building Permit; Filing fees; approval
\[Amended 4-23-2002 by L.L. No. 7-2002\]
A.
In order to construct an accessory apartment, the applicant shall apply for and receive a
building permit from the Town Building Department in the manner of all other applications
for building permits.
B.
There shall be a minimum filing fee of $100 for each application for an accessory apartment.
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Where the application entails structural alteration of the dwelling, the applicant shall also
pay all other applicable fees as provided under §123-12 of the Town Code.
C.
In addition to any other standards, codes, rules or regulations which may be applicable to
the construction of an accessory apartment, including the New York State Uniform Fire
Prevention and Building Code, the Building Inspector shall certify that the special standards
of this article have been complied with.
D.
No building permit for the addition of an accessory apartment which requires structural
alterations to the exterior of an existing dwelling shall be issued by the Building Inspector
until said application has been approved by the full Board of Architectural Review.
E.
A rental permit in accordance with Chapter 270 of the Town Code must be issued prior to
the occupancy of an accessory apartment. A permit for an accessory apartment shall be
valid for a period of three years and shall expire three years from the date of issuance.
Accessory apartments may be renewed upon filing of an application and a fee of $100 each
time renewed. The one-hundred-dollar application fee shall be waived if the accessory
apartment is owner-occupied. The Building Inspector shall conduct inspections of the
accessory apartment prior to renewing the permit to ensure compliance with state and local
codes. For those accessory apartments receiving building permit approval after January 1,
2019, At at the time of application for a rental permit, the apartment is initially rented to a
new tenant or at the time of renewal of the permit and there is a tenant renting the
apartment, the owner shall provide a fully executed lease agreement or other
documentation to the Building Inspector that demonstrates that the tenant shall meet one
or more of the following criteria: that the rent does not exceed the annual Fair Market Rent
(FMR) for Suffolk County as established by The Department of Housing and Urban
Development (HUD) and that the tenant’s income meets the standards established for low-
moderate income or middle income as defined under Chapter 216 of the Town Code.
(1)
The tenant is the owner or relative of the owner;
(2)
The tenant is an active member of a volunteer fire department, ambulance corps or the
tenant demonstrates a commitment of time on a regular basis to a charitable or not-for-
profit corporation such as a hospital, hospice or school within the Town of Southampton;
(3)
The tenant is employed by the Town of Southampton;
(4)
The tenant is employed within the Town of Southampton;
(5)
The owner decides to voluntarily reserve the apartment for low- or moderate-income or
middle income housing and this apartment is restricted pursuant to a grant or subsidy from
the federal government, State of New York or other municipal agency to provide low- or
moderate-income housing consistent with the intent of this chapter, the Building Inspector
may accept such restrictions in lieu of the restrictions set forth in this chapter.
§ 330-11.2 Special standards.
\[Amended 8-22-2000 by L.L. No. 12-2000; 4-23-2002 by L.L. No. 7-2002; 12-23-2003 by
L.L. No. 78-2003; 12-13-2005 by L.L. No. 68-2005\]
A.
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Owner occupancy required. The owner or owners of the lot upon which the accessory
apartment is located shall reside within the principal dwelling or the accessory apartment,
and said dwelling or apartment shall be considered the owner's domicile or principal place of
abode. No other owner or owners shall own a larger percentage, collectively or individually,
than the owner-occupant. Nothing within this Subsection shall be deemed to apply to lots
held in ownership by the Southampton Housing Authority or any not-for-profit agency to
which the Southampton Housing Authority transfers title. The exemption of such not-for-
profit agency must be approved by the Southampton Town Board, and such exemption will
be determined on a lot-by-lot basis. Such required approval shall in no way affect the
management of the lot by the Southampton Housing Authority.
\[Amended 8-22-2006 by L.L. No. 46-2006; 6-9-2009 by L.L. No. 26-2009\]
B.
An accessory apartment shall be permitted in a structure that has been issued a certificate
of occupancy or a certificate of compliance, or be entitled to the issuance of a certificate of
occupancy by virtue of a preexisting status, or is new construction that complies with
Chapter 123, Building Construction; Section 164, Fire Prevention; and § 330-5, Definitions:
"dwelling, two-family detached" and "accessory apartment." Notwithstanding the above, no
permit shall be processed until the lot has a certificate of occupancy for an existing single-
family dwelling.
C.
The lot to which the accessory apartment is to be added shall have only one dwelling unit in
existence on the lot at the time of application for an accessory apartment.
D.
No more than one accessory apartment shall be permitted on the lot.
E.
No non-conformities or violations of the Town Code shall exist at the time of application for
an accessory apartment, except as provided in Subsection below. The Building Inspector
shall inspect the premises upon receipt of a completed application, and the application shall
not be processed until all outstanding violations are corrected.
F.
(1)
The lot containing the dwelling to which the accessory apartment is to be added shall
comply with the district area and dimensional regulations, but in no case shall not be less
than 30,000 square feet unless such accessory apartment is located within a Town
boundary area defined as a “Census Designated Place” (CDP) where the density measures
less than 500 people per square mile according to the 10-year data published by the United
States Census Bureau, in such case, the lot shall not be less than 20,000 square feet. A
nonconforming lot may be eligible for an accessory apartment, provided that the lot area is
not less than 80% of the required lot area for the applicable zone district, but in no case
less than 30,000 square feet unless the lot is located in a CDP that meets the above
referenced density requirement, then the non-conforming lot shall be not less than 20,000
square feet. All other dimensional non-conformities shall not be less than 70% of the
required setback or lot width. A lot with a nonconformity of a greater degree shall not be
eligible for an accessory apartment under this article. Any such request shall be prohibited
and can only be treated as an area variance by the Board of Zoning Appeals.
G.
Minimum and maximum sizes shall be as follows:
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\[Amended 7-22-2008 by L.L. No. 42-2008\]
(1)
The accessory apartment shall be a minimum of 400 square feet, and it shall not exceed
35% of the total floor area of the principal dwelling to a maximum of 1,000 square feet on
the lot to which the accessory apartment is to be added.
(2)
An accessory apartment held in perpetuity in the Town of Southampton for affordable
housing and constructed pursuant to Chapter 216 (Housing for Income-Eligible Households;
Community Housing Opportunity Fund) shall be a minimum of 400 square feet and shall not
exceed 50% of the total floor area of the principal dwelling, to a maximum of 750 square
feet, on the lot to which the accessory apartment is added.
(3)
Efficiency unit. Notwithstanding the aforementioned Subsection G(1), an efficiency unit
occupied by not more than two persons may have a clear floor area of not less than 220
square feet exclusive of kitchen and bathroom areas.
(4)
If an accessory apartment is to be constructed in an accessory structure, all habitable living
space in that structure will count toward the maximum square footage of the accessory
structure.
H.
The accessory apartment shall contain no more than two conventional bedrooms.
I.
The bedrooms and bathroom shall not provide the sole access to any other rooms or the
sole access to the out-of-doors.
J.
At least one additional off-street parking space shall be provided for an accessory apartment
which is a studio or one-bedroom, and two off-street parking spaces for accessory
apartments having two bedrooms, on the lot for the accessory apartment, and such
space(s) shall not be located in the required minimum front yard and shall be adequately
screened with landscape plantings, which shall include evergreen shrubs, not less than three
feet in height at the time of installation.
(1)
Only one access driveway shall be permitted on the lot having an accessory apartment.
K.
An accessory apartment shall not be permitted on a lot on which exists a bed-and-
breakfast, rooming or boarding house, home occupation, home professional office,
preexisting accessory apartment, or multiple-family dwelling.
L.
If a second or new entrance to the accessory apartment is constructed, ground-floor outside
entrances to the accessory apartment shall be from the side or rear yard. Second-floor
outside entrances shall be from the rear yard.
M.
A dwelling to which the accessory apartment is to be added pursuant to this article shall not
be eligible for a seasonal rental permit under Article XIV of this chapter.
N. M.
For existing single-family dwellings, only the owner-occupant of the residence may apply for
this building permit and shall execute such agreements, contracts, easements, covenants,
deed restrictions or other legal instruments running in favor of the Town as, upon
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recommendation of the Town Attorney, will ensure that:
(1)
The principal dwelling or the apartment is the domicile or principal place of abode of the
owner-occupants. No seasonal occupancy shall be permitted.
(2)
The principal dwelling or the apartment is the domicile or principal place of abode of all
tenants therein. No seasonal occupancy shall be permitted.
(3)
The apartment or any proprietary or other interest therein will not be sold to the tenant or
any other party, except as part of a sale of the entire residence in which the apartment is
located.
(4)
Proof of income of the Tenant and all All leases of the rental apartment shall be produced in
writing and made available to the Town Building Department and/or the Director of Housing
upon request and all leases shall be for a minimum of a one-year term or where Where the
tenant is a relative of the owner, proof of income shall not be required and a notarized
affidavit of proof must of tenancy may be submitted in lieu of a lease for approval by the
Director of Housing Chief Building Inspector, prior to the issuance of an accessory
apartment permit.
(5)
The apartment is properly constructed, maintained and used, and both the apartment and
the lot upon which it is constructed are free from any unapproved uses as set forth herein.
(6)
Any other conditions deemed reasonable and necessary by the Town to ensure the
immediate and long-term success of the apartment in helping to meet identified housing
needs in the community are met.
N.
Upon the issuance of a permit for an Accessory Apartment, one (1) Town-owned
development right will be extinguished by the Town in the school district where the
accessory apartment is located.
SECTION 3. Amendment.
Chapter 270 of the Southampton Town Code is hereby amended by deleting the stricken
words and adding the underlined words as follows:
§ 270-1 Definitions.
\[1\]
As used in this chapter, the following terms shall have the meanings indicated:
DWELLING UNIT
As defined in § 330-5
ENFORCEMENT AUTHORITY
The town agency or official charged with issuing rental permits and enforcing the
provisions of this chapter. Said agency or official shall be designated by resolution of
the Town Board but must be one of the following: the Chief Building Inspector or his
designee, the Chief Fire Marshal or his designee, or investigators/officers assigned to
the Town Attorney Investigation Unit.
\[Added 5-13-2014 by L.L. No. 15-2014\]
FAMILY
One of the following:
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A.
One, two or three persons occupying a dwelling unit; or
B.
Four or more persons occupying a dwelling unit and living together as a
traditional family or the functional equivalent of a traditional family.
(1)
Evidence that four or more persons living in a single dwelling unit who are
not related by blood, marriage or legal custody shall create a rebuttable
presumption that such persons do not constitute the functional equivalent
of a traditional family.
(2)
The foregoing presumption may be rebutted by submitting evidence to the
Chief Building Inspector that all of the following are present:
(a)
The group is one which in theory, size, appearance, structure and
function resembles a traditional family unit;
(b)
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which various
occupants act as separate roomers is not deemed to be occupied by
the functional equivalent of a traditional family;
(c)
The group shares expenses for food, rent or ownership costs, utilities
and other household expenses;
(d)
The group is permanent and stable. Evidence for such permanency and
stability may include:
\[1\]
The presence of minor dependent children regularly residing in
the household who are enrolled in local schools;
\[2\]
Members of the household have the same address for purposes of
voter registration, driver's license, motor vehicle registration and
filing of taxes;
\[3\]
Members of the household are employed in the area;
\[4\]
The household has been living together as a unit for a year or
more whether in the current dwelling unit or other dwelling units;
\[5\]
There is common ownership of furniture and appliances among
the members of the household; and
\[6\]
The group is not transient or temporary in nature.
(e)
Any other factor reasonably related to whether the group is the
functional equivalent of a family.
(3)
An appeal from the Chief Building Inspector's determination may be taken
to the Licensing Review Board, by written request, within 30 days of such
determination. The Licensing Review Board shall hold a public hearing on
such appeal within 30 days after receipt of written notice of such appeal
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and, after such hearing, shall make written findings and a decision either
sustaining or reversing such determination within 30 days after close of
such public hearing.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents or grandchildren.
MANAGING AGENT
Any individual, business, partnership, firm, corporation, enterprise, trustee,
company, industry, association, public entity or other legal entity responsible for the
maintenance or operation of any rental property as defined within this chapter.
OWNER
Any person, individual, association, entity or corporation whose name is listed as
grantee on the last deed of record for the property, as recorded with the Suffolk
County Clerk.
PERSON
Includes any individual, business, partnership, firm, corporation, enterprise, trustee,
company, industry, association, public entity or other legal entity.
PUBLISH
Promulgation of an available rental property to the general public or to selected
segments of the general public, in a newspaper, magazine, flyer, handbill, mailed
circular, bulletin board, sign or electronic media.
RENEWAL RENTAL PERMIT
A permit which is to be issued to the owner of the rental property where such
dwelling unit has been the subject of a rental permit continuously prior to the date of
the application for the permit.
RENT
A return, in money, property or other valuable consideration (including payout in
kind or services or other thing of value), for the use and occupancy or the right to
the use and occupancy of a rental property, whether or not a legal relationship of
landlord and tenant exists between the owner and the occupant or occupants
thereof.
RENTAL PERMIT
A permit issued by the enforcement authority issued to the owner to allow the use or
occupancy of a rental property.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence by persons, other than
the owner or the owner's immediate family, and for which rent is received by the
owner, directly or indirectly, in exchange for such residential occupation. For
purposes of this chapter, the term "rental property" shall mean all non-owner-
occupied single-family residences, two-family residences, accessory apartments and
townhouses, and shall exclude:
A.
A dwelling unit lawfully and validly permitted as an accessory apartment in
accordance with Article IIA of Chapter 330 of the Code of the Town of
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Southampton; or
B. A.
Properties used exclusively for nonresidential commercial purposes in any
zoning district; or
C. B.
Any legally operating commercial hotel/motel business or bed-and-breakfast
establishment operating exclusively and catering to transient clientele, that is,
customers who customarily reside at these establishments for short durations
for the purpose of vacationing, travel, business, recreational activities,
conventions, emergencies and other activities that are customary to a
commercial hotel/motel business.
TENANT
An individual who leases, uses or occupies a rental property.
TRANSIENT
A rental period of 14 days or less.
\[Amended 5-14-2013 by L.L. No. 10-2013\]
\[1\]
Editor's Note: The former definition of “Chief Building Inspector,” which immediately
followed, was repealed 5-13-2014 by L.L. No. 15-2014.
§ 270-2 Applicability; more restrictive provisions to prevail.
A.
Scope. This chapter shall apply to all rental properties located within the unincorporated
area of the Town, whether or not the use and occupancy thereof shall be permitted under
the applicable use regulations for the zoning district in which such rental property is located.
B.
Applicability. The provisions of this chapter shall be deemed to supplement applicable state
and local laws, ordinances, codes and regulations; and nothing in this chapter shall be
deemed to abolish, impair, supersede or replace existing remedies of the Town, county or
state or existing requirements of any other applicable state or local laws, ordinances, codes
or regulations. In case of conflict between any provision of this chapter and any applicable
state or local law, ordinance, code or regulation, the more restrictive or stringent provision
or requirement shall prevail. The issuance of any permit or the filing of any form under this
chapter does not make legal any action or statement of facts that is otherwise illegal under
any other applicable legislation. For the purposes of the issuance of appearance tickets
pursuant to the New York State Criminal Procedure Law and Southampton Town Code
Chapter 5, Appearance Tickets, a violation of this chapter shall be deemed a violation of a
Building Code.
C.
The name of the tenant, date of birth of the owner(s), and the telephone number of the
owner(s) information provided in an application for a rental permit under this chapter shall
be deemed personal and private in nature, and the release or disclosure of said information
pursuant to public request shall be deemed to constitute an unwarranted invasion of
personal privacy under New York State Public Officers Law, Article 6, §§ 84 through 90, and
shall not be authorized.
§ 270-3 Rental permit required.
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A.
Effective January 1, 2008, no owner shall cause, permit or allow the occupancy or use of a
dwelling unit as a rental property without a valid rental permit.
B.
Effective January 1, 2008, no person shall occupy or otherwise use a dwelling unit as a
rental property without a valid rental permit being issued for the dwelling unit.
C.
A rental permit issued under this chapter shall only be issued to the owner(s) of the real
property at issue.
§ 270-4 Term of permits and renewal.
A.
All permits issued pursuant to this chapter shall be valid for a period of two years from the
date of issuance.
B.
A renewal rental permit application signed by the owner shall be completed and filed with
the enforcement authority before the expiration of any valid rental permit. The renewal
rental permit application shall contain the following:
\[Amended 5-13-2014 by L.L. No. 15-2014\]
(1)
An official copy of the prior valid rental permit;
(2)
A signed and sworn affidavit by the owner affirming that the rental property, to the best of
his/her knowledge, fully complies with all of the provisions of the Code of the Town of
Southampton and the New York State Uniform Fire Prevention and Building Code, that the
structure has not been physically altered in any way, except in full conformance with a valid
building permit, and the owner is not aware of the property being in violation of the Code of
the Town of Southampton or the New York State Uniform Fire Prevention and Building Code.
C.
In the event of a change in tenancy occurring during a permit term, the owner shall notify
the enforcement authority, in writing, of the identity of the new tenants.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
D.
In the case of an accessory apartment issued a building permit after January 1, 2019, a
lease agreement or other documentation demonstrating that the maximum monthly rent
charged does not exceed the annual Fair Market Rent (FMR) for Suffolk County as
established by The Department of Housing and Urban Development (HUD) and that the
tenant’s income meets the standards established for low-moderate income or middle income
as defined under Chapter 216 of the Town Code.
§ 270-5 Application for rental permit.
A.
Where a dwelling unit is to be used as a rental property, an application for a rental permit
shall be filed with the enforcement authority before the term of the rental is to commence.
\[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No. 15-2014\]
(1)
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The owner of a rental property having failed to comply with the requirements of § 270-5A
shall file all appropriate rental application documents within 30 days of the receipt of actual
notice of said failure to comply. Actual notice shall include but not be limited to the issuance
of a summons or notice of violation and/or written notice from any Southampton Town
official.
B.
The application shall contain the following:
(1)
The name, date of birth, telephone number and address of the owner(s).
(a)
Proof of the legal residence of each owner;
(b)
In the event that the owner of the rental property is a corporation, partnership, limited
liability company, or other business entity, the name, proof of legal residence, and
telephone number of each owner, officer, principal shareholder, partner and/or member of
such business entity shall be provided;
(c)
A copy of the last deed of record for the rental property, as recorded with the Suffolk
County Clerk, confirming the ownership of record of the rental property.
(2)
The name, address and telephone number of the managing agent, if applicable.
(3)
A writing, promulgated by the Office of the Town Attorney, executed by the owner(s) of the
rental property, which designates either:
(a)
A person, firm or corporation with an actual place of business, dwelling place, or usual place
of abode located within the boundaries of the Town of Southampton; or
(b)
The Town Clerk of the Town of Southampton as agent for service for criminal and civil
process pursuant to CPLR Section 318. Every owner shall insure that the address for
delivery of such process is current and shall advise the Town Clerk whenever the address is
changed. The designated agent, upon receipt of service of process under this designation
shall forthwith transmit by regular and certified mail to the owner(s) of the rental property
at the address included on the owner(s) application.
(4)
The location of the rental property, including the street address and the Suffolk County Tax
Map parcel number.
(5)
The number of tenants intended to occupy the rental property.
(6)
\[1\]
A copy of a contract with a carter providing for weekly pickup, at a minimum, of refuse
and proof by letter from the carter indicating that full payment for the entire term of the
rental has been made, or in the alternative, an affidavit from the owner acknowledging
responsibility for refuse removal in a timely and efficient manner.
\[1\]
Editor's Note: Former Subsection B(6), regarding the names of tenants, was repealed 5-28-
2013 by L.L. No. 12-2013. This local law also provided for the renumbering of former
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Subsection B(7) through (11) as Subsection B(6) through (10), respectively.
(7)
The period of the proposed occupancy.
(8)
A floor plan depicting the location and size of each conventional bedroom.
(9)
A copy of the certificate of occupancy or pre-existing certificate of occupancy for the rental
property.
(10)
Written certification from a licensed architect or licensed engineer that states that the rental
property fully complies with all of the provisions of the Code of the Town of Southampton.
The certification shall include, but not be limited to, the number of each bedroom, the
square footage of each bedroom, and a description of every improvement indicated on the
survey. In lieu of the provision of a certification, an inspection may be conducted by the
enforcement authority.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
(11)
In addition to the requirements set forth in this chapter, an application for a rental permit
for an Accessory Apartment must contain the following unless the tenant is a relative of the
owner:
(a) Proof of income of the tenant(s) in a form that is satisfactory to the Director of
Housing showing that the tenant(s) meet(s) the income limits for low-moderate
income or middle income pursuant to Chapter 216 of the Town Code.
(b) Proof of rent charged to the tenant(s) must be set forth in the lease agreement
and shall not exceed the annual Fair Market Rent (FMR) for Suffolk County as
established by The Department of Housing and Urban Development (HUD).
C.
The owner(s) of the premises and the managing agent, if applicable, shall submit an
application that is signed, sworn to and notarized.
§ 270-6 Review of application; issuance of rental permit.
\[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No. 15-2014\]
The enforcement authority shall review each application for completeness and accuracy and
shall make an on-site inspection of the proposed rental property unless the owner has
elected to provide a certification from a licensed architect or a licensed engineer pursuant to
§ 270-5B(10). The enforcement authority shall not issue a rental permit, unless the
application includes all of the requisite information and documents enumerated in § 270-
5(B)(1) through (10). If satisfied that the proposed rental property fully complies with the
New York State Uniform Fire Prevention and Building Code and the Code of the Town of
Southampton and that such rental property would not create a nuisance to an adjoining
nearby property, the enforcement authority shall issue the permit or permits. No rental
permit shall be issued if there are any violations of the New York State Uniform Fire
Prevention and Building Code and the Town of Southampton in existence at the premises.
§ 270-7 Register of permits.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
It shall be the duty of the enforcement authority to maintain a register of permits issued
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pursuant to this chapter. Such register shall be kept by street address, showing the name
and address of the permittee, the number of rooms in the rental property, and the date of
expiration of the rental permit.
§ 270-8 Fees.
A.
A non-refundable biennial permit application fee, in the amount of $200, shall be paid upon
the filing of an application for a rental permit or a renewal rental permit.
B.
The non-refundable biennial permit application fee shall be waived if the owner of a rental
property leases for the entire rental term to low-, moderate-, or middle-income households,
and in such rental amounts as adopted by the Town Board through the annual resolution
which updates the rental formula multipliers for units reserved for income-eligible
households pursuant to Chapter 216 of the Code of the Town of Southampton.
C.
The non-refundable biennial rental permit application fee shall be $100 if the owner of a
rental property qualifies for any of the following real property tax exemptions at his or her
primary residence located in the Town of Southampton:
(1)
Enhanced STAR;
(2)
Veterans exemption; or
(3)
Senior citizen’s exemption.
D.
The non-refundable biennial rental permit application fee shall be $100 if the owner of a
rental property submits a sworn affidavit affirming that the rental property will be leased to
any active member of a volunteer fire department or ambulance corps and/or is qualified for
a volunteer firefighters and ambulance workers real property tax exemption.
E.
The non-refundable biennial rental permit application fee shall be $150 if the owner of a
rental property elects to provide a written certification from a licensed architect or licensed
engineer that states that the rental property fully complies with all of the provisions of the
Code of the Town of Southampton pursuant to § 270-5B(11).
F.
The non-refundable biennial rental permit application fee shall be $100 if the owner of a
rental property submits a sworn affidavit affirming that the rental property will be leased to
a senior citizen, as defined in § 330-5 of the Town Code, or a qualified disabled person, as
defined in § 216-2 of the Town Code.
G.
If an owner of a rental property is found by any court of competent jurisdiction to have
violated this chapter, the non-refundable biennial rental permit application fee will be $500.
§ 270-9 Regulations.
A.
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A rental property shall only be leased, occupied or used by a family.
B.
No rental property shall be occupied by more than the number of persons permitted to
occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New
York State Uniform Fire Prevention and Building Code.
C.
A transient rental is prohibited.
D.
No more than two bedrooms shall be permitted in the basement of a rental property.
E.
The selling of shares to tenants where they obtain rights for use and/or occupancy in a
dwelling for less than a month shall be prohibited.
F.
The leasing, occupancy or use by a tenant of less than the entire rental property is
prohibited.
G.
The owner(s) and tenant(s) shall ensure that all applicable parking regulations provided for
in the Code of the Town of Southampton are satisfied. Notwithstanding anything to the
contrary, no more than four cars shall be parked at any rental property between the hours
of 1:00 a.m. and 6:00 a.m. during the term of a rental period.
\[Amended 6-27-2017 by L.L. No. 13-2017\]
H.
A rental property shall only be occupied or otherwise utilized in accordance with the
certificate of occupancy issued for the dwelling unit.
I.
The owner(s) and tenant(s) shall ensure that all property maintenance regulations provided
for in Chapter 261 of the Code of the Town of Southampton are satisfied.
J.
Dumpsters shall be prohibited in the required front yard and right-of-way. The enforcement
authority is authorized to promulgate additional site-specific conditions associated with
dumpsters, screening facilities, and off-street parking requirements for rental properties
regulated under this chapter. Any such conditions shall be in writing and attached to the
rental permit.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
§ 270-10 Inspections.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
The enforcement authority and Town personnel who are engaged in the enforcement of the
provisions of this chapter are authorized to make or cause to be made inspections to
determine the condition of rental properties to safeguard the health, safety, and welfare of
the public. The enforcement authority and Town personnel who are engaged in the
enforcement of the provisions of this chapter are authorized to enter upon any rental
property, with the consent of the owner or managing agent if the rental property is
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unoccupied or upon consent of the occupant if the rental property is occupied.
§ 270-11 Application for search warrant authorized.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
The enforcement authority and Town personnel who are engaged in the enforcement of the
provisions of this chapter are authorized to make application for the issuance of a search
warrant in order to conduct an inspection of any rental property where the owner or tenant
refuses or fails to allow an inspection of its premises and where there is reasonable cause to
believe that a violation of this chapter has occurred. The application for a search warrant
shall in all respects comply with the applicable laws of the State of New York.
§ 270-12 Revocation of permit.
A.
The enforcement authority shall revoke a rental permit when he or she finds that the permit
holder has caused, permitted or allowed to exist and remain upon the rental property a
violation of any provision of the Code of the Town of Southampton for a period of 14 days or
more after written notice has been given to the permit holder, managing agent, or tenant of
such rental property.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
B.
An appeal from such revocation may be taken by the permit holder to the Licensing Review
Board, by written request, made within 30 days from the date of such revocation. The
Licensing Review Board shall hold a public hearing on such appeal within 30 days after
receipt of written notice of such appeal and, after such hearing, shall make written findings
and a decision either sustaining such permit revocation or reinstating such permit within 30
days after close of such public hearing.
§ 270-13 Collection of rent.
The following shall be conditions precedent to the collection of rent for the use and
occupancy of a rental property:
A.
The existence of a valid rental permit for the rental property.
B.
The tendering of a written receipt in exchange for any rent payment offered in cash.
§ 270-14 Presumptive evidence dwelling unit is being used as rental property.
A.
The presence or existence of any of the following shall create a presumption that a dwelling
unit is being used as a rental property:
(1)
The property is occupied by someone other than the owner or his/her immediate family;
(2)
Voter registration, motor vehicle registration, a driver's license, or any other document filed
with a public or private entity which states that the owner of the rental property resides at
an address other than the rental property;
(3)
Utilities, cable, phone or other services are in place or requested to be installed or used at
the premises in the name of someone other than the record owner;
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(4)
Persons residing in the dwelling unit represent that they pay rent to occupy the premises;
(5)
A dwelling unit which has been published as being available for rent;
(6)
Any two of the features enumerated in § 270-15 exist at the dwelling unit.
B.
The foregoing may be rebutted by evidence presented to the enforcement authority or any
court of competent jurisdiction.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
§ 270-15 Presumptive evidence of multifamily occupancy.
A.
It shall be presumed that a single- or one-family dwelling unit is occupied by more than one
family if any two or more of the following features are found to exist on the premises:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one gas meter;
(3)
More than one electric meter annexed to the exterior of the premises;
(4)
More than one doorbell or doorway on the same side of the dwelling unit;
(5)
More than one connecting line for cable television service;
(6)
More than one antenna, satellite dish, or related receiving equipment;
(7)
There are three or more motor vehicles registered to the dwelling and each vehicle owner
has a different surname;
(8)
There are more than three waste receptacles, cans, containers, bags or boxes containing
waste from the premises placed for pickup at least twice during a weekly garbage pickup
area;
(9)
There are separate entrances for segregated parts of the dwelling;
(10)
There are partitions or internal doors which may serve to bar access between segregated
portions of the dwelling, including but not limited to bedrooms;
(11)
There exists a separate written or oral lease or rental arrangement, payment or agreement
for portions of the dwelling among the owner and/or occupants and/or persons in
possession thereof;
(12)
Any occupant or person in possession thereof does not have unimpeded and/or lawful
access to all parts of the dwelling unit;
(13)
Two or more kitchens, each containing one or more of the following: a range, oven,
hotplate, microwave or other similar device customarily used for cooking or preparation of
food and/or a refrigerator;
(14)
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There are bedrooms that are separately locked.
B.
If any two or more of the features set forth in Subsection A(1) through (13) are found to
exist on the premises by the enforcement authority or Town personnel engaged in the
enforcement of the provisions of this chapter, a verified statement will be requested from
the owner of the dwelling unit by the enforcement authority that the dwelling unit is in
compliance with all of the provisions of the Code of the Town of Southampton, the laws and
sanitary and housing regulations of the County of Suffolk and the laws of the State of New
York. If the owner fails to submit such verified statement, in writing, to the enforcement
authority within 10 days of such request, such shall be deemed a violation of this chapter.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
§ 270-16 Presumptive evidence of owner's residence.
A.
It shall be presumed that an owner of a rental property does not reside within said rental
property if any of the following sets forth an address other than that of the rental property:
(1)
Voter registration;
(2)
Motor vehicle registration;
(3)
Driver's license; or
(4)
Any other document filed with a public or private entity.
B.
The foregoing may be rebutted by evidence presented to the enforcement authority or any
court of competent jurisdiction.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
§ 270-17 Presumptive evidence of over-occupancy.
A.
It shall be presumed that a bedroom is over-occupied if more than two mattresses exist in a
bedroom.
B.
The foregoing may be rebutted by evidence presented to the enforcement authority or any
court of competent jurisdiction.
\[Amended 5-13-2014 by L.L. No. 15-2014\]
§ 270-18 General applicability of presumptions.
The presumptions set forth in §§ 270-14, 270-15, 270-16 and 270-17, subject to the
limitations contained therein, shall also be applicable to the enforcement and the
prosecution of building and zoning Town Code violations.
§ 270-19 Penalties for offenses.
A.
A violation of this chapter by the owner(s) and/or tenant(s) shall be punishable as follows:
\[Amended 5-28-2013 by L.L. No. 12-2013\]
(1)
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A violation of § 270-5A is hereby declared to be an offense punishable by a fine not less
than $150 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or
both, for a conviction of a first offense;
(2)
A violation of § 270-5A(1) is hereby declared to be an offense punishable by a fine not less
than $1,500 nor more than $8,000 or imprisonment for a period not to exceed 15 days, or
both, for a conviction of a first offense;
(3)
A violation of any section of this chapter other than § 270-5A and/or § 270-5A(1) is
hereby declared to be an offense punishable by a fine not less than $3,000 nor more than
$15,000 or imprisonment not to exceed a period of six months, or both, for a conviction of a
first offense.
(4)
A second or subsequent violation of this chapter within an eighteen-month period is hereby
declared to be an offense punishable by a fine not less than $8,000 nor more than $30,000
or imprisonment not to exceed a period of six months, or both.
(5)
For the purpose of conferring jurisdiction upon courts and judicial officers in general,
violations of this chapter, other than § 270-5A and/or § 270-5A(1), shall be deemed
misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors
shall apply. Each day's continued violation shall constitute a separate additional violation.
(6)
In addition to any fines imposed, anyone convicted pursuant to this chapter shall be
required to pay a mandatory community housing opportunity surcharge of $100. The
community housing opportunity surcharge shall be paid to the Clerk of the Court or
administrative tribunal that rendered the conviction. Within the first 10 days of the month
following collection of the mandatory surcharge, the collecting authority shall then pay such
money to the Town Comptroller, who shall then deposit such money in accordance with the
provisions of § 216-6 of the Town Code.
\[Added 10-25-2016 by L.L. No. 12-2016\]
B.
Additionally, in lieu of imposing the fines authorized in § 270-19A, in accordance with Penal
Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the
court, no less than the applicable minimum statutory fine permitted under § 270-19A nor
more than double the amount of the rent collected over the term of the occupancy.
\[Amended 5-28-2013 by L.L. No. 12-2013\]
C.
The court may dismiss the violation or reduce the minimum fine imposed where it finds that
the defendant had cooperated with the Town of Southampton in the investigation and
prosecution of a violation of this chapter. Factors which the court may consider include, but
are not limited to, a report from the office of the Town Attorney confirming that the
defendant did in fact cooperate and whether:
(1)
The defendant reported the violation(s) to the Town of Southampton;
(2)
The defendant assisted the Town of Southampton in investigating and prosecuting the
violation(s);
(3)
The defendant provided access to the rental property;
(4)
The defendant promptly pursued his/her/its own rights under the lease to remedy the
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violation or adequately pursued an eviction proceeding;
(5)
All violations existing at the rental property have been promptly remediated.
D.
Where authorized by a duly adopted resolution of the Town Board, the Town Attorney may
bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to
permanently enjoin the person or persons conducting, maintaining or permitting said
violation. The owner and tenants of the residence wherein the violation is conducted,
maintained or permitted may be made defendants in the action.
(1)
If a finding is made by a court of competent jurisdiction that the defendants or any of them
has caused, permitted, or allowed a violation of this chapter, a penalty to be jointly and
severally included in the judgment may be awarded at the discretion of the court in an
amount not to exceed $1,000 for each day it is found that the defendants or any one of
them individually caused, permitted or allowed the violation. Upon recovery, such penalty
shall be paid into the Town Attorney's Enforcement Fund.
SECTION 4. Authority.
The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11)
and (12) and §10(1)(ii)(a)(14).
SECTION 5. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 6. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby
directs the Town Clerk to forward a copy of the proposed local law to the Southampton
Town Planning Board as well as the Suffolk County Planning Commission for their review
and recommendations; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of
Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Southampton on December 20, 2018 at 11:00 a.m., at the Southampton Town Hall, 116
Hampton Road, Southampton, New York to hear any and all persons either for or against “A
LOCAL LAW amending Town Code Chapter 330 Article 11A (Accessory Apartments), and
Town Code Chapter 270 (Rental Properties) in order to provide additional affording housing
throughout the Town.”
Summary of Proposed Law
The Town Board realizes that there is a critical need to ensure housing opportunities for
income-eligible households within the Town of Southampton in order to sustain the local
economy and community services. While the Town has benefited from increased tourism
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and second home ownership, income eligible households including senior citizens, health
care professionals, teachers, municipal employees, mechanics, shop clerks and many others
are being priced out of market rate housing. These amendments to the accessory
apartment law will ensure that additional affordable housing is created throughout the Town
of Southampton. In addition, it will enable many residents to derive extra-income from an
accessory apartment as the cost of living continues to increase.
Copies of the proposed local law, sponsored by Supervisor Schneiderman, are on file in the
Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: John Bouvier, Councilman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni
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