Log In   ·   Become A Member
http://www.hamptons.com/gallery/ads/2130.gif

What Does New Town Of East Hampton Rental Law Mean For Landlords, Tenants, And Real Estate Agents?

John A. Viteritti

  |   3 Comments · Print Article

Main Beach in East Hampton is a huge draw for both locals and visitors. (Photo: Nicole Barylski)

Under a law already in effect, the Town of East Hampton limits rentals of fewer than fifteen days to twice in a six-month period. On December 15, 2015, Local Law No. 38 was adopted, which requires landlords to register their properties for rental with the Town's Building's Department. Applications are expected to be available on the Town's website in mid to late January and accepted starting February 1st. Enforcement is expected to begin May 1st. The Law, as does the fifteen-day rule, applies only in the unincorporated areas of the Town.

In its legislative intent, the Town states that there are "rising concerns and incidences of single-family residences being overcrowded, utilized as share houses, motels or other transient housing accommodations, multi-family residences and two-family residences." It further states, in part, "to insure compliance with legal usage of properties...and to protect the health, safety, and welfare of rental property occupants as well as the community at large, the Town requires more and better information and regulation of rental properties."

Unlike the Rental Permit Law in effect in the Town of Southampton, the new East Hampton law does not require a rental permit, but it does require that the landlord demonstrate that the property complies with Town zoning and building codes. It also requires that in advertising the property, the rental registration number procured from the Buildings Department must be included.

To learn about the responsibilities of real estate agents representing landlords, I spoke with Michael Sendlenski of the Town Attorney's Office. "Agents should be aware of the provisions of the law and make sure the owners and the properties they represent are in compliance," he noted. "That being said, there is nothing in the new Code provisions that impart liability on a real estate agent other than the normal duties to lease a legal premises pursuant to their licensure requirements." Mr. Sendlenski further added, "The biggest impact on agents will be that published advertisements will need to contain registry numbers, otherwise the Town can bring charges against the property owner. Furthermore, agents should be sure that their clients are informed about fourteen-day rule."

I also posed the question regarding the real estate agent's responsibility to Anthony Gatto, Director of Legal Services for the New York State Association of Realtors, and an expert on New York License Law who works closely with the New York Department of State that regulates real estate agents. His perspective was as follows: "I would look at it the same as renting without a Certificate of Occupancy," for which Mr. Gatto provided Department of State rulings penalizing real estate agents by issuing fines, suspending and revoking their licenses to practice real estate.

It is important to note, that both the landlords and the tenants may be prosecuted for violation of this law, which may result in fines up to $30,000 and up to six months in jail. It also confers jurisdiction on courts and judicial officers to deem these violations as misdemeanors, a crime with both financial penalties and imprisonment. Upon motion of the prosecuting attorney for the Town, the court may dismiss the violations or reduce the penalties where it finds that the defendant had cooperated with the Town in the investigation and violation of the law.

A full reading of the law and its penalties is available on the Town of East Hampton website.


John is a St. John's University graduate, licensed Real Estate broker, lecturer, teaches real estate license classes at LIU, NYU, and Cook Maran Real Estate School, and is a well-respected consultant to the real estate industry. www.johnaviteritti.com


Guest (Tenant) from East Hampton says::
I live in a house for 2 years now. I just find out that my landlord don't have his house registered for rent. Can I sue him?
Feb 7, 2017 4:59 pm

Guest (Reader) from East Hampton says::
I agree with Dave...and East Hampton Town further ruining the rental market for year rounders who can barely afford to live here anymore anyway..
Aug 26, 2016 8:48 am

Guest (Dave) from Montauk says::
In addition to this invasive legislation. Rentals under 30 days are reported to Suffolk county - which coincidentally passed a law requiring a license for (temporary accommodations) and imposes a tax on any income So the net effect - you just can't rent your property to pay your mortgage as no one rents for a month or more anymore - thanks East Hampton town board! PS group homes remain renting as they never cared about penalties or the neighbors anyway.
Aug 25, 2016 10:23 pm

 

Submit Your Comment

Please note, you are not currently logged in. Your comment will be submitted as a guest.
To submit your comment as a member, please click here.
Your Name:
Location:*
Comments:*
* Comments will be reviewed and posted in a timely fashion
* All fields are required
Question:*
What color is a banana?
(For spam prevention, thanks)
 
 
 
http://www.hamptons.com/gallery/ads/2003.gif
http://www.hamptons.com/gallery/ads/1824.gif
Gary R. DePersia, Corcoran Real Estate
With over $2 billion in transactions on the East End and since 1995, Gary DePersia is consistently ranked among the top producers in the Hamptons. A year-on-year member of The Corcoran Group President’s Council, he has qualified as a national list maker since 2007. In 2008 he was Corcoran's top broker on the East End by sales volume and rental units; and ranked as the nation’s 4th top broker. In the 2017 REAL Trends & The Wall Street Journal list of America’s top real estate professionals, he was designated #26 nationally, #4 in the Hamptons and #3 at Corcoran overall by volume with nearly $200 million of transactions for the past year. His office operates with four licensed assistants allowing him to build a business stretching from Southampton to Montauk and Sagaponack to Shelter Island. gdp@corcoran.com

East End Tick Control
The East End's only New York State licensed dedicated tick and mosquito control specialists!

Bridgehampton National Bank
For over 100 years Bridgehampton National Bank has been the East End's hometown bank. Many success stories...one bank, BNB!

Advertise on Hamptons.com - Have your business be seen by over 2 million viewers including NEW searches
Hamptons.com- Our exclusive online magazine has 2.6 million Page Views YTD for 2015. Contact us to join our elite group of clients that benefit from having a presence on the Hamptons award winning publication www.Hamptons.com

Hamptons Carpet One Floor & Home
We pay less,and so do you.With over 1,000 stores in our buying group, we can get the lowest prices from the best flooring manufacturers — and pass the savings on to you.Visit our other locations: Hamptons Carpet One Floor & Home, 675 North Sea Road,Southampton, NY 11968

Southampton Masonry-Visiting the Southampton or the Wainscott locations is an exciting experience.
Southampton Masonry has been serving Long Island's masonry and tile needs since 1975. Delivering quality products from Manhattan to Montauk for over three decades. The company's continued success is due primarily to their number one priority: customer satisfaction, with a promise of prompt and courteous service from the professional, knowledgeable staff. Southampton Masonry has the largest inventory on the east end. As direct importers they can offer a large variety of the finest quality products at the most competitive pricing for both your interior and exterior projects.

CP Complete- Landscape Design & Construction
Paul Guillo And Chris Hall Two Of The Most Respected Names In The Community Together, they are partners in CP Complete. They bring their years of experience and integrity to creating and renovating luxury backyards.

CP Complete- Landscape Design & Construction
Paul Guillo And Chris Hall Two Of The Most Respected Names In The Community Together, they are partners in CP Complete. They bring their years of experience and integrity to creating and renovating luxury backyards.

D+J Concepts is known for a high-end cutting edge approach to design.
D+J Concepts is known for a high-end cutting edge approach to design with a balance between functionality and imagination. We skillfully and tastefully transform ordinary spaces into classic modern styles, which are understated, and luxe. We’re known for our modern transitional style incorporating antiques and modern elements for an unexpected edge.