Overview and Core Rule

Short-term rentals (STRs) are allowed in the Town of Southampton, but only if they comply with the Town Code. Explicitly, rentals of less than 14 days are prohibited under the Town Code and are considered transient rentals. The minimum length of stay is 14 days; there is no maximum stay limit. A two-year rental permit is required for any property being rented, regardless of the duration, provided the rental meets the minimum-stay rule. Reference: Town of Southampton FAQ QID 561 (Ref 1).

Important distinction: In the adjacent Southampton Village, a new village-level law prohibits all short-term rentals under two weeks. This village ban is separate from the Town’s rules and applies only within Southampton Village’s boundaries (Refs 2–4).

How to Start an STR Business in Southampton (Town)

1. Decide inspection type

• Standard inspection: conducted by a Southampton Town Department of Public Safety NYS Code Enforcement officer.
• Certified inspection: performed by a licensed architect or engineer; use the certified route if you want a third-party inspection. Reference: Town FAQ (Ref 1).

2. Assemble documents

• Floor plans drawn for the entire structure.
• Property survey/site plan drawn to scale (not greater than 40 ft to 1 inch), showing all buildings, structures, walks, driveways, and on-site parking counts and access.
• Certificates of Occupancy and Compliance for all structures. If missing, secure a building permit first.
• Residential Smoke Detector Affidavit (signed and notarized).
• If using a certified inspection: Engineer or Architect Certification of Code Compliance by a NY-licensed professional.
• Designation of Agent for Service (completed by property owner).
• Refuse Removal Affidavit.
• Proof of ownership for trusts, LLCs, corporations, or probate estates (follow the application cover-page instructions).
• Beach Permit Affidavit (if applicable; some properties include beach access documentation).

3. Complete and submit the application

• Use the Rental Permit Application (2-Year) and include all required forms and fees (Refs 5–10).
• Submit in person or by mail to: 27 Ponquogue Ave., Hampton Bays, NY 11946.
• Processing timelines:
  • Typical: 1–3 weeks from complete application to issuance.
  • Summer/peak season: 2–4 weeks typical.
  • Expedited processing is available for an additional fee. Reference: Town FAQ (Ref 1).

4. After approval

• Permits are valid for two years and are non-transferable. If you buy a property with a permit, you must obtain a new permit under your ownership. If you move the property into an LLC, trust, or estate, a new permit is also required. Reference: Town FAQ (Ref 1).

5. Advertising and operations

• You may not advertise, list, or show a property for rent without an active rental permit in place. Doing so can trigger violations, suspension or revocation of permits, a two-year prohibition on renting, and an “in violation” fee. Reference: Town FAQ (Ref 1).
• Always include the permit number in listings and ensure compliance with the 14-day minimum-stay rule.

6. Room rentals/boarding (no permit required)

• Owners of single-family dwellings may rent up to two bedrooms to no more than two renters/boarders total, provided the owner resides on site and all occupants share common kitchen, living, and entrance facilities. No permit is required for this boarding arrangement. Reference: Town FAQ (Ref 1).

Permits, Licenses, Documents, and Fees (Town of Southampton)

Required documents and submissions

• Floor Plans (entire structure).
• Survey/Site Plan to scale (≤40 ft to 1 inch), with parking layout.
• Certificates of Occupancy and Compliance; building permit if absent.
• Residential Smoke Detector Affidavit (signed/notarized).
• Engineer/Architect Certification of Code Compliance (if using certified inspection).
• Designation of Agent for Service.
• Refuse Removal Affidavit.
• Proof of ownership for trusts/LLCs/corporations/probate.
• Beach Permit Affidavit (if applicable).

Application forms and checklists

• Rental Permit Application (2-Year) (Ref 5)
• Change of Tenant for Rental Permit (Ref 6)
• Rental Permit Renewal Application (Ref 7)
• Beach Permit Affidavit (Ref 8)
• Authorized Agent Letter (Ref 9)
• Rental FAQ (Ref 10)

Fees

• Standard: $300
• Enhanced Star, Veterans Exemption, or Senior Citizen Exemption: $150
• Volunteer Fire Department or Ambulance Workers Real Property Exemption: $150
• Inspection/Certification by Licensed Architect or Engineer: $200
• Senior Citizen or Qualified Disabled Person: $150
• Property in Violation of Chapter 270 (Rental Properties): $500
• Expedited Rental Permit: $750 References: Town FAQ and Airbnb Help (Refs 1, 5–10).

Specific Regulations and Constraints

Town of Southampton (outside Southampton Village)

• Minimum stay: 14 days; no maximum. Reference: Town FAQ (Ref 1).
• Permit requirement: Any rental for any period requires a two-year permit. Reference: Town FAQ (Ref 1).
• Permits non-transferable; ownership or entity changes require a new permit. Reference: Town FAQ (Ref 1).
• Advertising ban without active permit; violations may result in permit suspension/revocation, a two-year ban from renting, and additional fees. Reference: Town FAQ (Ref 1).
• Room rentals/boarding without a permit are permitted within the specified limits. Reference: Town FAQ (Ref 1).

Southampton Village (separate jurisdiction)

• Ban on rentals under 14 days. The village amended its code to impose a two-week minimum stay across the entire village, effectively banning typical weekend STRs. This change took effect in late August 2025. References: CBS News and NYPost (Refs 2–3).

Regulatory Framework: City/Town vs. Village vs. County/State

• Town of Southampton (municipality): Administers the two-year rental permit program, safety inspections, and enforcement for rentals meeting the 14-day minimum. Reference: Town FAQ (Ref 1).
• Southampton Village (separate incorporated village): Imposed a local ban on rentals under 14 days; applies only within village boundaries. References: CBS News and NYPost (Refs 2–3).
• Suffolk County and New York State: The provided sources do not specify county- or state-level short-term rental registration or licensing requirements beyond what is noted above. Investors should verify any county or state obligations directly with county and state agencies if applicable.

Contacts and Submissions

Town of Southampton – Code Enforcement / Rental Permits

• Address for applications and in-person drop-off: 27 Ponquogue Ave., Hampton Bays, NY 11946
• Phone (Town main): 631-283-6000
• Email: CodeEnforcementInquiries@southamptontownny.gov
• Processing time: 1–3 weeks typical; 2–4 weeks during summer/peak; expedited options available. Reference: Town FAQ and Airbnb Help (Refs 1, 10).

Southampton Village

• The provided sources report on the village ban but do not include official Village contact information. Investors should consult the Village’s official website or contact the Village Clerk/Code Enforcement directly for permits and enforcement inquiries within the Village.

Links to Source Pages (for verification)

• Town of Southampton – Rental Permit FAQ (QID 561) [Ref 1] www.southamptontownny.gov/FAQ.aspx?QID=561
• CBS News: “Hamptons village bans short-term rentals before Labor Day weekend” [Ref 2] www.cbsnews.com/newyork/news/southampton-short-term-rentals-ban/
• NYPost: “Southampton bans short-term rentals… two-week minimum” [Ref 3] nypost.com/2025/08/26/us-news/southampton-bans-short-term-rentals-in-move-that-officially-cancels-weekend-trips-to-hamptons-out-of-luck/
• Reddit thread (community discussion) [Ref 4] www.reddit.com/r/longisland/comments/1n1hjpp/southampton_bans_shortterm_rentals_in_move_that/
• Rental Permit Application (2-Year) [Ref 5] www.southamptontownny.gov/DocumentCenter/View/500/Rental-Permit-Application-2-YR-PDF
• Change of Tenant for Rental Permit [Ref 6] www.southamptontownny.gov/DocumentCenter/View/112/Change-of-Tenant-for-Rental-Permit-PDF
• Rental Permit Renewal Application [Ref 7] www.southamptontownny.gov/DocumentCenter/View/501/Rental-Permit-Renewal-Application-PDF
• Beach Permit Affidavit [Ref 8] www.southamptontownny.gov/DocumentCenter/View/20726/Beach-Permit-Affidavit-PDF
• Authorized Agent Letter [Ref 9] www.southamptontownny.gov/DocumentCenter/View/21230/Authorized-Agent-Letter-PDF
• Rental FAQ (Checklist/FAQ) [Ref 10] www.southamptontownny.gov/DocumentCenter/View/26504/Rental-FAQ-PDF

Practical Notes for Investors

• Confirm whether a target property lies within the Town of Southampton or within Southampton Village. The Town allows 14-day minimum STRs with a permit; the Village bans rentals under two weeks.
• Budget for the permit fees and, if necessary, expedited processing during the summer season.
• If the property lacks Certificates of Occupancy, obtain building permits and certificates before applying for a rental permit.
• Maintain compliant documentation and include the permit number in all listings. Advertising without a permit can trigger significant enforcement actions and long-term rental bans. Reference: Town FAQ (Ref 1).