Southeast, N.Y., Code of Ordinances ch. 108 (eCode360 ed. 2026) § 108-4

A. It shall be a violation of this chapter for any person or entity who owns a dwelling unit in the Town of Southeast to establish, use, operate, allow, or rent the occupancy and use of a rental unit by someone other than the owner, or spouse, parent, or child of the owner, without first having obtained an approved and valid rental occupancy permit. An owner shall obtain a revocable rental occupancy permit, per the regulations in this chapter, prior to a rental unit being established. Rental occupancy permit renewals shall be subject to all regulations specified herein. B. Application for a rental occupancy permit shall be submitted to the Building Department on the form provided. Applications shall contain the following information: (1) The name, address, and telephone number of the owner and the managing agent of the rental unit. If the property is owned by a limited liability company (LLC) or similar commercial entity, a contact name shall be provided. An owner or managing agent must be available to respond within 60 minutes to investigate complaints during the entire time the rental property is being rented; (2) If there are renters currently occupying the premises; (3) The street address and Tax Map designation of the premises intended for rental occupancy; (4) A description of each rental unit, including the following: (a) The overall structure of the rental, including the number of units intended for rental, and how the property would be managed; (b) The configuration of each rental unit, with dimensions and use of each room, as well as the number of proposed beds and occupants in each room; (c) A survey or site plan of the property drawn to scale that includes all physical structures, the number and location of parking facilities, and, if not served by a public sewer, the location of the septic system and leach field. An aerial photograph of the property with annotations covering the required information is sufficient if no physical alterations are proposed; (d) In the case of a condominium unit, the application shall be accompanied by a scaled drawing or floor plan of the condominium unit in lieu of a survey or site plan; (e) The applicant shall specifically state whether or not the proposed rental unit would be for short-term rental use. (5) A copy of the certificate of occupancy. (6) If the property is served by a private septic system, a septic inspection report dated less than two years prior to the application date that includes the size of the tank(s) and leach or absorption field or area, and the location and condition of all septic system components. The report must state that the septic system was adequately functioning at the time of inspection. The septic system must be in compliance with the regulations of the NYS Department of Health, Appendix 75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems. The maximum occupancy of the rental unit shall be limited by the number of bedrooms allowed for the size of the septic tank and leach or absorption area. A system failure will require a new passing inspection report. (7) Completion of a signed and notarized affidavit by the property owner(s) or manager certifying the following: (a) The property shall be in conformance with the Fire Code of New York State. At a minimum, there shall be one functioning smoke detector in each bedroom and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and in each room with an open flame source, and at least one carbon monoxide detector. (b) Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed. (c) Electrical systems shall be serviceable with no visual defects or unsafe conditions. (d) All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented and properly installed, and flues cleaned within 12 months of application for permit. (e) Each bedroom shall be in compliance with the New York State Building Code, which includes the presence of a window for egress. (f) Affidavit certifications shall be valid during the term of the rental permit. If relevant circumstances on the property change or for any reason the certification is or becomes inaccurate, a new affidavit certification shall be submitted. (8) Parking spaces required by the rental occupancy permit must be maintained throughout the life of the rental. (9) Rentals must adhere to property maintenance regulations in Chapter 105 of the Town Code and noise regulations in Chapter 96 of the Town Code. (10) A plan must be presented for the storage location and disposal of trash. (11) If the property is an accessory apartment or short-term rental, a copy of the Planning Board conditional use permit. C. Renewal of rental occupancy permits is required for all rental units every two years. No permit shall be issued or re-issued unless and until: (1) The property complies with the Town of Southeast Code, specifically including the terms of this chapter; (2) The Code Enforcement Officer receives the septic system inspection report required in this subsection, if applicable; (3) The unit is inspected by the Code Enforcement Officer for compliance with the New York State Building and Fire Codes; (4) Any complaints have been resolved in a sufficient matter; and (5) Payment of the permit fee. D. A rental occupancy permit is not transferable. In the event of a change of ownership of a rental property, the new owner shall be required to apply for a new permit to maintain the rental unit. E. Violation of any provisions of a rental occupancy permit, conditional use permit, or zoning regulations may result in the revocation of the rental occupancy permit and the owner shall be subject to penalties.