Brookhaven, N.Y., Code of Ordinances ch. 82 (eCode360 ed. 2026) § 82-2
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Operative Text
As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICER Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building/Zoning Inspector, Building Inspector, Zoning Inspector, Recycling and Sustainable Materials Management Inspectors, Housing Inspectors, Building Permits Coordinator, Electrical or Plumbing Inspector, Chief Fire Marshal, Assistant Chief Fire Marshal, Senior Fire Marshal, Police Officer, Town Investigator or Ordinance Inspector of the Town of Brookhaven and other law enforcement officers. DWELLING UNIT A structure or building, one-, two-, or three-family dwelling, or multi-unit apartments, condominiums or cooperatives, occupied or to be occupied by one or more persons as a home or residence. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling unit established, occupied, used or maintained for rental occupancy as a one, two, or three family dwelling or multiple apartment units or condominiums or cooperatives. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL REGISTRATION A registration which is issued upon application to the Chief Building Inspector and shall be valid for 15 months from the date of issuance. TRANSIENT RESIDENTIAL OCCUPANCY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than 28 nights. For the purposes of this chapter, the term "transient residential occupancy" shall mean all non-owner-occupied, single-family residences, two-family residences, and townhouses rented for a period of less than 28 nights and shall not include: A. Properties used exclusively for nonresidential commercial purposes in any zoning district as otherwise provided for in Chapter 85 ; or B. Any hotels; motels or bed-and-breakfast establishments operating with the benefit of a certificate of occupancy or its equivalent.
Section 82-2 of Brookhaven, N.Y., Code of Ordinances Chapter 82 establishes the foundational vocabulary for the town's rental registration and occupancy rules. It defines key terms such as "dwelling unit," "owner," "rent," "rental occupancy," and "transient residential occupancy," which govern how the rest of the chapter is interpreted and applied. Notably, a short-term rental of fewer than 28 nights by a non-owner occupant qualifies as "transient residential occupancy," while hotels, motels, and bed-and-breakfast establishments with a certificate of occupancy are excluded from that definition.
Plain English — not legal advice.
Property owners and managers operating in Brookhaven should familiarize themselves with the definitions set out in § 82-2, because terms like "owner," "rental dwelling," and "rental registration" carry specific legal meanings that shape compliance obligations throughout Chapter 82. The definition of "owner" is notably broad, encompassing not just titleholders but also those with charge, care, or control of a dwelling unit, including cooperative shareholders and institutional mortgagees in possession. Operators who rent single-family homes, two-family residences, or townhouses for periods of fewer than 28 nights should pay particular attention to the "transient residential occupancy" definition, as it triggers distinct regulatory treatment under the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and occupants in Brookhaven benefit from understanding the definitions in § 82-2, because terms like "rent" and "rental occupancy" are defined broadly enough to cover a wide range of living arrangements, including situations where no formal landlord-tenant relationship has been established. The definition of "immediate family" is also relevant for occupants who may be affected by owner move-in situations, as it specifies exactly which relatives qualify under that category. Tenants who believe a provision of Chapter 82 applies to their situation may wish to consult a tenant-rights organization or legal aid service familiar with Brookhaven's ordinances for general guidance.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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