Rental Registry Readied
An East Hampton Town rental registry law has been honed and is being readied for a hearing, probably next month. The hearing will provide an opportunity for members of the public to give their opinions on the draft legislation to the town board.
East Hampton Town Board members got an earful at two previous hearings on an earlier draft law — almost exclusively against a requirement that property owners who want to rent their houses would have to register with the town.
Officials are moving forward nonetheless to answer a call for better enforcement of housing statutes as residents continue to complain about short-term rentals, share houses, and overcrowded housing in their neighborhoods.
A new draft rental registry law was developed in response to previous public comments, Michael Sendlenski, a town attorney, and Councilwoman Kathee Burke-Gonzalez said last week.
The information kept on file in the registry about rental properties in the town would include the number of legal bedrooms and the number of legal occupants in a house based on bedroom square footage, according to state law.
Landlords would have to provide information about their tenants — the number, not their names — as well as about rental periods.
Should it appear that properties are being used outside of the town code bounds, this would provide a “more expedient manner of getting compliance,” Mr. Sendlenski said earlier this week, making it easier for enforcement agents to prove overoccupancy or other infractions, such as repeated short-term rentals.
The draft law includes a list of “presumptive evidence” that could be presented to the court — the number of mattresses observed in a bedroom to prove overoccupancy, for example.
To obtain a registry number, property owners would have to verify that their properties meet certain standards.
The new draft law eliminates the potential for a property inspection by town officials before a registry number is issued. Instead, property owners will be given a checklist of New York State property maintenance code requirements and will be asked to certify, with a notarized signature, that the various safety items are in place.
Included among the 22 items are smoke and carbon monoxide detectors, proper pool fencing, and stairway handrails.
The rental registry would be administered by the Building Department, which would provide data on individual properties to the Ordinance Enforcement Department, as needed.
Property owners would be required to include registry numbers in rental ads, with a fine of up to $1,500 for not doing so.
Other violations of the rental registry law could incur a minimum fine of $3,000 and a maximum of $15,000, with the fine reaching as high as $30,000 for a second violation within 18 months. Tenants of unregistered premises would also be subject to fines.
Under the proposal, new registration numbers would be required every two years and would cost $250. Property owners would have to file updates, at $25 each, whenever a new rental period begins or tenancy changes.
The board discussion drew residents both for and against the rental registry to the work session last week.
After further town board review, a hearing is expected to be scheduled for a date next month.