Southeast, N.Y., Code of Ordinances ch. 108 (eCode360 ed. 2026) § 108-5
Review of application
Operative Text
A. The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. The Code Enforcement Officer shall issue the permit(s) if satisfied that the proposed rental dwelling unit(s) and premises on which the same are located are fully compliant with all applicable state and local laws, ordinances, rules and regulations, and that such rental dwelling unit(s) would not create an unsafe or dangerous condition, or nuisance to an adjoining property. A nuisance may include, but is not limited to, excessive noise, unsightly storage of waste, and poor property maintenance. B. In issuing a rental occupancy permit, the Code Enforcement Officer may impose reasonable conditions and restrictions directly related to the rental use of the property, so long as such conditions and restrictions are consistent with the requirements of the Town of Southeast, including this section, and are imposed for the purpose of minimizing potential adverse effects the rental unit could have on the neighborhood or community. C. Rental units that require a conditional use permit from the Planning Board are not exempt from a rental occupancy permit, and must still submit an application and associated materials to the Code Enforcement Officer. The Code Enforcement Officer shall provide a report and recommendation to the Planning Board. Once the conditional use permit is approved, a rental occupancy permit may also be issued. D. The Code Enforcement Officer shall deny an application for any of the following reasons: (1) If the application is incomplete and does not contain either the information required by this section or the required permit fee. (2) If the Code Enforcement Officer previously issued a rental occupancy permit to any of the owners of the property, and any of such owners had the rental occupancy permit revoked within the previous two years. (3) If the affidavit from the owners, or inspection conducted by the Code Enforcement Officer, evidences that the subject property is not in compliance with the Town of Southeast Code. (4) If the site plan required to be submitted with the application does not comply with the requirements of this chapter. (5) If a private septic inspection report is required to be submitted with the application and such report does not comply with the requirements of this chapter. (6) If access is not granted to the property for purposes of an inspection within a reasonable period of time.
Section 108-5 of Southeast, N.Y., Code of Ordinances ch. 108 establishes the process by which the Code Enforcement Officer reviews rental occupancy permit applications. The officer must inspect each proposed rental unit and may approve, conditionally approve, or deny the permit based on compliance with state and local laws, safety standards, and neighborhood impact. Specific grounds for denial include incomplete applications, prior permit revocations within two years, code violations, deficient site plans or septic reports, and failure to allow inspection access. Units that also require a Planning Board conditional use permit must go through both processes before a rental occupancy permit can be issued.
Plain English — not legal advice.
Under § 108-5, compliant operators in Southeast, N.Y. typically submit complete applications with all required materials—including site plans, permit fees, and any required private septic inspection reports—and promptly grant the Code Enforcement Officer access for on-site inspection. Operators are also mindful that prior rental occupancy permit revocations within the past two years affecting any co-owner can serve as grounds for denial of a new application. Where a property also requires a conditional use permit from the Planning Board, operators generally coordinate both processes, understanding that the rental occupancy permit cannot be issued until the conditional use permit is approved.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 108-5 provides tenants with a framework of baseline protections: before a rental unit in Southeast, N.Y. can be legally occupied, it must pass a Code Enforcement Officer inspection confirming compliance with all applicable laws and the absence of unsafe, dangerous, or nuisance conditions. Tenants who have concerns about whether their unit was properly permitted, or who observe conditions suggesting non-compliance with the Town of Southeast Code, may contact the Code Enforcement Officer's office to inquire about the unit's permit status. Tenant-rights organizations can also help residents understand what remedies or complaint processes may be available when a rental unit appears to have been occupied without a valid permit under ch. 108.
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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