Southampton Takes A New Shot At Illegal Rentals

By David Stoll

Following its efforts in recent years to crack down on illegal summer shares, the Town Board of Southampton is now looking more broadly at overcrowding in rentals. A new law now under consideration would give Town officials more tools to stop illegal basement apartments and other means that people employ to transform single family housing into summer shares. In fact, the new rules would replace the laws governing summer season rentals in favor of a more comprehensive regime.

The impetus for the new law was a large increase in neighborhood complaints, including overcrowded driveways. From 2005 to 2006, the number of complaints rose from about 1,800 to nearly 3,000. The issue of overcrowding is more than just driveway aesthetics, however -- it is safety. Among many problems, people living in converted basements likely do not have smoke detectors and a variety of sewage-related issues can arise.

The challenge for Town officials has been identifying overcrowded houses. The new law would allow officials to issue summonses more easily, based on easy-to-identify evidence such as extra mailboxes, electric meters and satellite dishes. Once inside with a summons, Town officials would look for rooms with more than two mattresses, among other indicia of multi-family living in single-family residences. People living in homes with four or more people would have to establish that they are a family (or at least the modern equivalent of a family).

Moreover, owners would need to have a permit to rent their properties both year-round and for the summer. They would be legally prohibited from collecting rent in the absence of a permit. Also, many properties would be subject to inspection for compliance with the variety of State and Town building codes. Because permits are now required only for summer rentals, the Town does not have an understanding of how many owners rent out their homes year-round.

Penalties for violations would be stiff. Even first offenses could carry a fine of up to $8,000 and could be classified as a criminal misdemeanor. Rentals with overcrowding would subject both tenants and landlord to fines and possibly prison.

The Town Board will hold a public hearing on the proposed law on Tuesday, July 10. If passed, the law could become effective before Labor Day.

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