West Hampton Dunes, N.Y., Code of Ordinances ch. 440 (eCode360 ed. 2026) § 440-4
Evidence of use and occupancy
Operative Text
A. Where a one-family dwelling is utilized as a seasonal rental: (1) The parking of motor vehicles on the premises between the hours of 1:00 a.m. and 6:00 a.m. shall be prima facie evidence that the one-family dwelling was used and occupied during that time by at least one person for each vehicle so parked, either the owner of each vehicle so parked or with respect to each motor vehicle so parked, or by a person related by blood, marriage or legal adoption to an owner of such motor vehicle. B. Where an owner of a premises or a tenant who has the right to occupy or use a dwelling or premises under a written agreement for a term of one year or more grants the right to use or occupy all or part of a one-family dwelling for residential purposes to any person for a term that is for a period that is less one year and which includes any part of the summer season for which compensation is paid directly or indirectly, such use or occupancy of such dwelling under such agreement constitutes a seasonal rental within the meaning of this article, and such use or occupancy of such dwelling under such grant is prohibited unless a seasonal rental application has been filed with the Village Clerk of the Village of West Hampton Dunes in accordance with the provisions of this article.
West Hampton Dunes Code ch. 440 § 440-4 establishes two related rules for one-family dwellings used as seasonal rentals. First, it creates an evidentiary presumption: vehicles parked on the property between 1:00 a.m. and 6:00 a.m. are treated as prima facie evidence that the dwelling was occupied during those hours by at least one person per vehicle. Second, it defines and restricts seasonal rentals — when an owner or long-term tenant allows someone else to use all or part of a one-family dwelling for less than one year (covering any part of the summer season, with compensation involved), that arrangement qualifies as a seasonal rental and is prohibited unless a seasonal rental application has been filed with the Village Clerk of West Hampton Dunes.
Plain English — not legal advice.
Under West Hampton Dunes Code ch. 440 § 440-4, property owners and long-term tenants who wish to rent out a one-family dwelling for a short-term period that overlaps with any part of the summer season must file a seasonal rental application with the Village Clerk before allowing such use or occupancy. Compliant operators ensure that the application is on file prior to granting any right of occupancy, whether compensation is paid directly or indirectly. Operators should also be aware that overnight vehicle parking on the premises between 1:00 a.m. and 6:00 a.m. can serve as prima facie evidence of occupancy, which may be relevant in any enforcement inquiry under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under West Hampton Dunes Code ch. 440 § 440-4, tenants who hold a written agreement for one year or more should be aware that subletting or granting use of all or part of their dwelling for a shorter period covering any summer months — even informally or with indirect compensation — may constitute a seasonal rental subject to the village's application requirement. If a seasonal rental application was not filed with the Village Clerk as required by this provision, the arrangement may be considered prohibited under the ordinance. Tenants with questions about how this provision applies to their situation may wish to consult a tenant-rights organization or review the full text of ch. 440 with a qualified housing attorney.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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