West Hampton Dunes, N.Y., Code of Ordinances ch. 440 (eCode360 ed. 2026) § 440-17
Rental or occupancy on a transient basis
Operative Text
A. A one-family dwelling utilized as a seasonal rental shall not be rented, leased, assigned or subleased or otherwise used by the tenant on a transient basis. B. It is prohibited to grant a tenant or person the right to assign or sublet a dwelling on a transient basis, and the assignment or sublease of a dwelling to be used on a transient basis is prohibited by this article. C. The selling of shares to any person, by which such person obtains the right to use or occupy the dwelling on a transient basis is prohibited. D. If a one-family dwelling is utilized as a seasonal rental: (1) The entire dwelling must be used and occupied for such purpose. Use and occupancy of a portion of a one-family dwelling as a seasonal rental is prohibited. (2) The number of motor vehicles parked on the premises between the hours of 1:00 a.m. and 6:00 a.m. shall not exceed the following: one vehicle for each conventional bedroom, plus one additional vehicle. (3) The parcel on which such dwelling is located shall not be sublet or assigned or used for any purpose other than residential purposes. (4) The assigning, selling, subletting, or granting of a right to use the parcel for any purpose to any person who is not listed as a tenant in the lease is prohibited. (5) The selling or granting to any such person of a right to use the parcel for access to the ocean or bay beach only shall be prohibited. (6) The premises, including such dwelling and the parcel on which such dwelling is located, shall not be used or occupied in a manner which creates a public nuisance. (7) Any conduct on the premises which is unreasonable under the circumstances and which disturbs the health, safety, peace or comfort of the neighborhood shall be deemed to create a public nuisance and shall be prohibited. (8) The congregation of more than 50 persons on the premises during a seasonal rental may be deemed to constitute conduct which is unreasonable under the circumstances, where the circumstances conflict with a stable, uncongested single-family environment. Without limiting the foregoing provision, the frequent congregation of a large number of persons on the premises may also be deemed to constitute conduct which is unreasonable under the circumstances. (9) The parking at any one time during a seasonal rental of a number of motor vehicles on the premises (which includes motorcycles, vans, cars, and trucks) which exceeds twice the number of conventional bedrooms during the hours of 6:00 a.m. until 1:00 a.m., or a number of motor vehicles which exceeds the total of one motor vehicle per conventional bedroom plus one motor vehicle for the house during the hours of 1:00 a.m. until 6:00 a.m., shall be deemed to constitute conduct which is unreasonable under the circumstances, where the circumstances conflict with a stable, uncongested single-family environment. The frequent parking of a large number of motor vehicles on the premises may also be deemed to constitute conduct which is unreasonable under the circumstances.
West Hampton Dunes Code ch. 440 § 440-17 establishes that one-family dwellings used as seasonal rentals cannot be rented, subleased, or occupied on a transient basis, meaning short-term or rotating occupancy arrangements are not permitted. The entire dwelling must be used as a single rental unit, and the parcel may only be used for residential purposes by persons named in the lease. The provision also sets specific limits on overnight vehicle parking, caps gatherings at 50 persons before a public-nuisance presumption may apply, and prohibits any conduct that unreasonably disturbs the health, safety, peace, or comfort of the surrounding neighborhood.
Plain English — not legal advice.
Under West Hampton Dunes Code ch. 440 § 440-17, compliant operators of seasonal rental properties ensure that leases cover the whole dwelling rather than portions of it, and that only named tenants are granted rights to use the property or parcel. Landlords generally avoid granting subletting rights, selling shares, or permitting any arrangement that allows transient or rotating occupancy. Operators also take care that lease terms and property management practices keep overnight vehicle counts within the bedroom-based formula and discourage gatherings or parking patterns that could be characterized as a public nuisance under the ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 440-17 of the West Hampton Dunes Code means that as a seasonal tenant, your right to occupy the dwelling is personal and non-transferable — you generally cannot sublet, assign, or share access to the property with persons not named in your lease. The provision also means you are responsible for ensuring that activity on the premises, including the number of overnight vehicles and the size of gatherings, stays within the limits the ordinance sets. Tenants who believe a landlord has improperly structured a rental arrangement in violation of § 440-17 may wish to consult a tenant-rights organization or review the ordinance directly 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.