Frequently Asked Questions on the Town of East Hampton’s Rental Registry.
For further information, please feel free to visit East Hampton’s official website, or contact us.
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What is a Rental Registry?
Property owners who rent out accommodations must register their rented properties with the City and acquire a Rental Registry Number. The information required for registration includes personal details like the owner’s name, address, and phone number. It also includes the property’s location, number of rooms/bedrooms, number of tenants, and duration of the rental contract. Furthermore, the Town requires a self-inspection checklist, a Certificate of Occupancy, and confirmation by the Building Department. The two-year registration fee is $100 and there is no charge to update the registration.
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Why did East Hampton adopt a Rental Registry?
For members of our community, renting to help make ends meet is a long-standing tradition. The Rental Registry provides a procedure to balance the needs of homeowners and the community. It also aims to maintain the quality of life of neighbors, and protect the safety of first responders and tenants. Moreover, it strives to protect our drinking water. The Rental Registry provides additional information to the Town’s Public Safety personnel to ensure compliance with the Town Code. This information will help protect the health, safety, and well-being of tenants and the entire community. It will also better regulate rental properties offered by the Registry.
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How to register a property?
Property owners must obtain a Rental Registry Number issued by the Building Department after owners have submitted the appropriate documents. These documents include a notarized Rental Property Registration Form, a notarized Rental Property Self-Inspection Checklist, a copy of the latest Certificate of Occupancy or confirmation by the Building Department, and the $100 filing fee.
The Rental Property Registration Form, Registration Update Form, and the Self-Inspection Checklist are available at the Building Department at 300 Pantigo Place. You can also find them at the Town’s website, under “Rental Registry”.
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What are the advantages of a Rental Registry?
The Town has set up the Rental Registry to assist in enforcing existing regulations to short-term rentals, overcrowded houses, share houses, and unsafe conditions. It also assures guests of rental properties that their dwelling is registered as per the law.
The requirement to include the Rental Registry number in advertisements for each rental property is a useful tool. It specifically helps Code Enforcement to investigate illegal uses of properties offering multiple short-term rentals or shares.
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Why did the Town not enforce the laws that were already on the books?
The information collected for the Rental Registry aims to do just that. Town enforcement officials often lack the information required to enforce the Code and must conduct a thorough investigation to obtain sufficient evidence to support the allegations or respond to complaints. Hence, the law contributes to the effective use of limited city resources to maximize compliance with regulations and speed up investigations.
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Do other municipalities also need some kind of Rental Registry program?
Yes, many cities use Rental Registries to ensure that properties being rented meet the basic health, safety, and social security standards. For instance, in East Hampton, eight out of ten towns in Suffolk County have some kind of Rental Registry or Permit.
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How to carry out the mandatory home inspection?
Applicants must submit a notarized rental property self-inspection checklist. Checklist items include house numbers visible from the street, handrails on all stairways, properly labeled electrical panels, smoke detectors installed and operating in each bedroom, swimming pool safety requirements, etc. The Rental Property Self-Inspection Checklist can be completed by the property owner, licensed architect, licensed engineer, or licensed home inspector.
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Is there a fee to register my property? And will my registration expire?
Yes, the registration fee is $100. The Rental Registry permit will expire two years from the date of issue. There is no charge for upgrading during this period.
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What if you do not have the tenant information when you register? Or if the tenant moves out during the two-year registration period?
Even if you do not have the tenant information, you can register your property and receive a Rental Registry Number. After selecting tenants, you can submit the Rental Property Registration Update Form. You must also fill in the required information on the Rental Property Registration Form.
If any of the required information on the Rental Property Registration Form changes within the two-year rental period, the property owner will have to submit a notarized Rental Property Registration Update Form free of charge.
This could include a change in the rental term, the beginning of a new rental term, or the number of tenants or bedrooms.
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Do I need to register my home if I own and rent it to my immediate family?
You do not need to register your property if immediate family members live in it. Specifically your spouse, children, parents, siblings, grandparents, or grandchildren.
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If you own and live in a home and rent out a portion, do you need to register it?
On the condition that the home is owner-occupied, you don’t need to register your property.
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If you do not register your property, what are the penalties?
In this case, you will violate the law. If convicted of a first offense, fines can range from $3000 to $15,000 or imprisonment not exceeding 6 months, or both. The Town can issue a violation ticket every day that you fail to register your property.
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If I do not post the rental registration number on the advertisement, is there any violation?
Yes, it is. It is illegal to not post the rental registration number in the listing or advertisement. If convicted, the offense carries a fine of $150 to $1500 and/or imprisonment for up to 15 days. This is not a criminal offense.
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If the property owner does not register the rental property, is the tenant in violation of the law?
Yes, if the tenant lives in an unregistered rental property, he may be deemed to committing an illegal act. If convicted of a first offense, the violation carries a fine ranging from $3000 to $15000 and/or up-to six months in prison.
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Why is violating this law considered a misdemeanor?
Legal sanctions or penalties are consistent with the Town’s zoning and building codes. For legal and jurisdictional reasons, these are unclassified misdemeanors.
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Has the Rental Registry changed any existing laws?
No, it has not. According to the code, a property owner can rent his residential property twice within six months if the rental period is less than two weeks. Even if the property is rented longer than two weeks, there is no limit on the number of times a house can be rented out during this period. The following Code provisions are still valid: no more than four unrelated individuals in residential rental properties. Also, no more than four cars should be parked in rental properties that are not owner-occupied.