West Hampton Dunes, N.Y., Code of Ordinances ch. 440 (eCode360 ed. 2026) § 440-5

Restrictions on use and occupancy and permits

In Force
Verified 11/10/2026 · Next check 12/10/2026
West Hampton DunesShort-Term Rentals

Operative Text

West Hampton Dunes, N.Y., Code of Ordinances ch. 440 (eCode360 ed. 2026) § 440-5
It shall be the duty of every owner to inform himself of the nature of the use and occupancy for which the premises will be used under any agreement for the use or occupancy of that premises and the duty of every owner to inform prospective tenants of the provisions of this article, including but not limited to: A. The premises can only be occupied by a tenant and his/her family or one other unrelated person and his/her family for residential purposes only. B. No more than two persons can occupy any one bedroom. C. No seasonal tenancy shall be valid unless a written lease agreement is executed by the tenant and owner. D. No tenant can use the premises or any portion of the premises for commercial or any nonresidential use. E. No seasonal tenancy shall be valid unless a seasonal rental permit application (enclosing a copy of the fully executed and effective lease agreement) is submitted to the Village of West Hampton Dunes and approved. F. A seasonal rental permit, when issued, will only be valid for the term of the respective seasonal rental agreement. G. No more than five seasonal rental permits may be issued for a premises in the same year. H. A tenant under a seasonal rental agreement is prohibited from subleasing or otherwise licensing the use or occupancy of the premises or any portion thereof. I. Tenant shall ensure that at no time shall ingress to and egress from a driveway for a single-family dwelling be impeded. J. Only one tent permit is permitted per property by a seasonal rental permittee per year. K. The advertising, selling, assigning or subleasing of shares by a tenant or occupant for the use or occupancy for all or a portion of the term of a rental agreement or for all or a portion of the leased premises is prohibited. L. Portable lavatories, to the extent that they may otherwise legally exist, may only be placed in the side yard of the premises. M. The advertising, soliciting, offering or accepting, either directly by an owner or through another, including through any rental agency or company and/or website, program, format or application, for a rental on a transient basis is prohibited.
Source: Legislative text reproduced verbatim
Plain English

West Hampton Dunes Code ch. 440 § 440-5 establishes a comprehensive set of use and occupancy restrictions that govern seasonal rentals in the village. Under this provision, residential premises may only be used for residential purposes by a tenant and their family plus one additional unrelated person and their family, with no more than two occupants per bedroom. Seasonal tenancies require a written lease and an approved village permit, and the permit is only valid for the term of that specific rental agreement; no more than five such permits may be issued for the same property in a single year. The rule also prohibits subletting, share advertising, transient rentals, commercial use, and driveway obstruction, among other restrictions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Property owners in West Hampton Dunes subject to ch. 440 § 440-5 are responsible for familiarizing themselves with how their premises will be used under any rental agreement and for disclosing all provisions of this article to prospective tenants before occupancy begins. Compliant operators generally ensure that a fully executed written lease is in place before any seasonal tenancy begins, submit a seasonal rental permit application to the Village of West Hampton Dunes with a copy of that lease, and confirm the permit is approved and valid for the specific rental term. Owners also generally take care not to advertise, solicit, or accept arrangements for transient rentals—directly or through any agency, website, or platform—and ensure that no more than five seasonal rental permits are sought for the same property within a calendar year.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants renting seasonally in West Hampton Dunes should be aware that ch. 440 § 440-5 grants them specific protections and imposes specific obligations: a valid seasonal tenancy requires both a written lease and a village-approved seasonal rental permit, and tenants have a right to be informed of all provisions of this article by the owner before entering into an agreement. The provision expressly prohibits tenants from subleasing, licensing, or advertising shares of the premises to others, and limits occupancy to the tenant's family plus one unrelated person and their family, with no more than two people per bedroom. Tenants who believe an owner has failed to comply with the disclosure or permitting requirements of § 440-5 may consider contacting the Village of West Hampton Dunes directly or reaching out to a local tenant-rights organization to understand available options.

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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Related Rules

§ 50
Application of article four
§ 64
One story transient dwellings
§ 244.1030
"Regulatory authority" defined for the code

Source Information

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