West Hampton Dunes, N.Y., Code of Ordinances ch. 440 (eCode360 ed. 2026) § 440-23
Penalties for offenses
Operative Text
A. A first violation of this article by any individual or entity shall be punishable by a fine not to exceed $2,500. B. A second violation of this article by any individual or entity shall be punishable by a fine not to exceed $3,500. C. A third violation of this article by any individual or entity and every violation thereafter shall be punishable by a fine not to exceed $5,000. D. Each and every day that a violation of this article by any individual or entity exists shall constitute a separate and new violation of this article. E. The owner, the tenant, and the illegal sublessee or assignee, or other user or occupant of the premises under a transaction that is prohibited by this article or in the case of a violation of this article shall each and all be in violation of this article and subject individually to the fines and penalties hereunder. F. The election by the Village of West Hampton Dunes to issue a violation or to prosecute a violation of this article in the West Hampton Dunes Village Court shall not be exclusive and shall not preclude the Village of West Hampton Dunes from pursuing a civil remedy in a particular case. G. The Village of West Hampton Dunes may, at the election of the Board of Trustees, commence a civil proceeding, including but not limited to an application for injunctive or other relief to enjoin, stop or prevent a violation of this article. In the event that the Village of West Hampton Dunes should elect or should be required to commence a civil proceeding against an owner, tenant, sublessor, sublessee, assignor, assignee, or occupant or user of a premises, or a premises under this article, such election shall not be an exclusive remedy, and the Village of West Hampton Dunes may continue to pursue other enforcement actions and remedies, and the owner and tenant as defendants or other defendants shall be liable to the Village of West Hampton Dunes for all legal and other costs incurred, which shall be recoverable by the Village of West Hampton Dunes as a money judgment in that proceeding or in another proceeding commenced by the Village of West Hampton Dunes for that purpose.
West Hampton Dunes Code of Ordinances ch. 440 § 440-23 establishes an escalating fine structure for violations of the article governing subletting and assignment: up to $2,500 for a first offense, up to $3,500 for a second, and up to $5,000 for a third or any subsequent offense. Critically, each day a violation continues counts as a separate, new violation, meaning fines can accumulate rapidly. The provision also makes every party involved — owner, tenant, illegal sublessee, or other unauthorized occupant — individually liable, and it preserves the Village's right to pursue both criminal prosecution and civil remedies, including injunctions, simultaneously.
Plain English — not legal advice.
Under § 440-23, property owners in West Hampton Dunes are among the parties who can be held individually liable for violations of the subletting and assignment article, even when the prohibited activity is initiated by a tenant or subtenant. Compliant operators generally maintain clear lease terms that prohibit unauthorized subletting, monitor occupancy, and act promptly to cure any violations — since each day of non-compliance can be treated as a fresh, separately fineable offense. Owners should also be aware that the Village may pursue both court fines and civil injunctive relief concurrently, and that legal costs incurred by the Village in a civil proceeding may be recoverable against the owner as a money judgment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 440-23 makes clear that tenants, not just landlords or sublessees, can be held individually liable for violations of West Hampton Dunes' subletting and assignment rules, with fines escalating from $2,500 for a first violation up to $5,000 for a third or later violation — each day the violation persists potentially constituting a new offense. Tenants who believe they have been wrongly cited, or who want to understand whether a particular arrangement is permissible under the article, may wish to review the full text of ch. 440 and consult a tenant-rights organization or housing attorney familiar with New York Village law. Because the Village retains the right to pursue both criminal and civil remedies simultaneously under this provision, understanding the full scope of potential exposure is an important first step.
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.
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