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Do I Need A Rental Permit To Rent Out My House?

Originally Posted: July 10, 2010

John A. Viteritti

  |   2 Comments · Print Article
Southampton - Do I need a rental permit to rent out my house?

In Southampton rental permits are required. (davidcappiello.com)

At least in the unincorporated areas of the Town of Southampton you do.

Local Law No. 40 went into effect in the unincorporated areas of the Town of Southampton on January 1, 2008.

It is intended to address issues of health and safety. The Law requires a copy of a Certificate of Occupancy or a pre-existing Certificate of Occupancy for the property.

The landlord must provide the Buildings Department with written certification from a licensed architect or licensed engineer regarding issues of Code Compliance, or permit the chief Building Inspector to inspect the property.

The maximum fee for filing the application is $200.

The Law requires that a landlord, prior to permitting the property to be occupied by a tenant, and prior to the collection of rent, procure a rental permit from the Town Buildings Department.

Violations of the law may result in both financial penalties as well as imprisonment.

The Law requires that the tenants meet the definition of "traditional family." (life123.com)

The Law requires that the tenants meet the definition of "traditional family," and no rental is permitted for fewer than 30 days.

A rental permit is issued for a period of two years.

Should the tenant vacate before the two-year period has expired, and the landlord wants to rent to a different tenant, the landlord must first notify the Buildings Department of the names of the new tenants before permitting occupancy. The Chief Building Inspector retains the right to reinspect the property.

The law imposes obligations upon the landlord, the tenant, and a managing agent of a landlord.

A property owner who wishes to rent the property to a tenant should consult legal counsel before doing so, and should also consult with their insurance broker or carrier to make sure that they have the necessary insurance.

There are also tax issues to be considered.

Real estate is a serious business. Unfortunately, some people have to learn from their mistakes, and those lessons do not come cheap.

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

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Guest (Guest) from Author says::
Consult the Office of the Town Attorney, Town of Southampton
Sep 21, 2010 3:03 pm

Guest (Guest) from eastport ny says::
do I as the tenant have the right to ask to see the rental permit and if the landlord does not have one what are my recourses if a licensed realestate broker rented for the landlord and no permit was applied for?
Sep 10, 2010 8:13 pm


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