Southampton, N.Y., Code of Ordinances ch. 270 (eCode360 ed. 2026) § 270-9
Regulations
Operative Text
A. A rental property shall only be leased, occupied or used by one family, as defined herein. B. No owner, person, managing agent, or designee responsible for the maintenance, collection of rent, or operation of any rental property shall allow such rental property to be occupied by more than the number of persons permitted to occupy the dwelling unit. Maximum occupancy limits for rental dwelling units shall be determined as follows: (1) In any rooming or dwelling unit, the maximum number of occupants for any one bedroom shall be no more than: (a) One occupant per bedroom having a floor area of at least 70 square feet but less than 120 square feet; (b) Two occupants per bedroom having a floor area of at least 120 square feet but less than 250 square feet; (c) Where more than three persons occupy any room used for sleeping purposes, the required floor area shall be increased at the rate of 100 square feet for each occupant in excess of three with the maximum occupancy of any bedroom not to exceed five occupants. (2) It shall be a separate offense for an owner, person, managing agent, or designee responsible for the maintenance, collection of rent, or operation of rental property or dwelling unit to allow occupancy in excess of the provisions above for each dwelling unit over the maximum occupancy limit. (3) It shall be a separate offense for an owner, person, managing agent, or designee responsible for the maintenance, collection of rent, or operation of any rental property or dwelling unit to allow occupancy in excess of the provisions above for each continuing day in which a dwelling unit is occupied over the maximum occupancy limit. (4) It shall be a separate offense for an owner, person, managing agent, or designee responsible for the maintenance, collection of rent, or operation of any rental property or dwelling unit to convert any room into a bedroom without a permit issued by the Building Department and filing of an application to modify an existing rental permit bedroom count. C. A transient rental is prohibited, except when, after a determination has been made by the Town Board that local transient housing capacity is likely to be inadequate during a regionally significant event, the Town Board may, by resolution, temporarily suspend the transient rental prohibition for specific dates. 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. No owner, person, managing agent, or designee responsible for the maintenance, collection of rent, or operation of a rental property shall permit the lease, sublease, assignment, or occupancy of a dwelling unit, or portion of a dwelling unit by anyone who is not within the definition of family as specified herein. 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. 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, person, managing agent, or designee responsible for the maintenance, collection of rent, and/or operation of a rental property 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. K. Publishing of rental registration number required. It shall be unlawful and a violation of this chapter for any person or entity to cause to be published any advertisement for the rental of any rental property in the Town of Southampton, outside the incorporated villages located wholly or partially therein, without including the rental property permit number for said property. A person or entity may advertise using the application number assigned to their rental permit for a particular property, however must possess a valid permit prior to the commencement of a rental of such property, and update any and all publishing materials and/or advertisements with the rental registration number upon issuance of a rental permit within 10 days from issuance. Failure to abide by such conditions shall be a ground for suspension of a rental permit and imposition of an “in violation fee” established by annual fee schedule.
Southampton, N.Y., Code of Ordinances ch. 270 § 270-9 establishes a comprehensive set of rules governing how rental properties in the Town of Southampton may be used and occupied. The provision limits occupancy to a single family, sets bedroom-by-bedroom occupancy maximums tied to floor area, prohibits most transient rentals, restricts basement bedrooms to two, bans the sale of short-term occupancy shares, caps overnight parking at four vehicles, and requires that any rental advertisement include a valid rental permit number. Each day a property remains over the occupancy limit, and each unit that exceeds it, constitutes a separate offense, as does converting a room into a bedroom without a Building Department permit.
Plain English — not legal advice.
Operators of rental properties subject to Southampton, N.Y., Code of Ordinances ch. 270 § 270-9 generally maintain compliance by verifying that every lease is limited to occupants who qualify as a single family under the local definition, and by tracking the floor area of each bedroom to ensure the number of occupants does not exceed the tiered limits set out in the provision. Compliant operators obtain a Building Department permit and file an application to modify the rental permit bedroom count before converting any room to a bedroom, and they keep the number of basement bedrooms at or below two. When advertising a unit, operators include the valid rental permit number in every listing and update all materials within 10 days of permit issuance; failure to do so can result in permit suspension and an "in violation fee" under the annual fee schedule.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Southampton, N.Y., Code of Ordinances ch. 270 § 270-9, tenants have an interest in knowing that a landlord or managing agent is prohibited from allowing more people to occupy a unit than the bedroom floor-area limits permit, and from leasing to anyone outside the local definition of family. If a tenant believes a property is being operated in violation of these occupancy rules—such as an unpermitted bedroom conversion or an advertisement lacking a rental permit number—they may consider contacting the Town of Southampton's enforcement authority or consulting a tenant-rights organization familiar with local ordinances. Tenants should also be aware that the overnight parking cap of four vehicles and the requirement that the property conform to its certificate of occupancy are obligations that apply during their tenancy under this same provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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