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Brookhaven, NY Rental Property Rules: Rental Registration (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Section
Brookhaven Code § 82-10
Registration validity
15 months from issuance
Temporary registration
90 days, pending inspection
Excluded
Immediate family; stays under 28 nights
Vehicle cap
1 car per bedroom plus 1 extra
Revocation
After 14 business days' uncured violation notice

Summary

No one may rent out a Brookhaven dwelling without first obtaining a rental registration from the Chief Building Inspector, valid for 15 months, under § 82-10 of the Neighborhood Preservation code. Immediate-family occupancy is an affirmative defense, and stays under 28 nights cannot be issued an ordinary rental registration at all.

A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental registration from the Chief Building Inspector. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. (2) A rental registration shall not be issued to a transient residential occupancy.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

' It is an affirmative defense that the occupants are immediate family of the owner, defined in § 82-2 to include spouse, children, parents, grandparents, siblings, aunts, uncles, nieces, nephews, cousins and in-laws, but a registration cannot be issued for a 'transient residential occupancy,' the Town's term for a non-owner-occupied stay of under 28 nights. Registration runs through a two-step process: after a complete application is filed with the Building Division, § 82-10C(2) issues a temporary registration valid 90 days, and within that window the owner must either arrange a Town inspection or submit a report from a state-licensed engineer, architect or certified home inspector confirming the unit meets housing, sanitary, building, electrical and fire codes; only then does the Chief Building Inspector issue the full registration, valid 15 months per the RENTAL REGISTRATION definition in § 82-2.

Section 82-5 requires a nonrefundable application fee set by Town Board resolution, waived for qualifying nonprofit senior or special-needs housing, plus a biennial per-unit fee for multi-unit operators. Section 82-10G caps registered vehicles at one per legally designated bedroom plus one extra, absent a Board of Zoning Appeals variance. A broker or agent who lists a unit without confirming a valid registration violates § 82-12.

Violations & Fines

Renting without a valid registration, or a broker listing a unit without one, is a Chapter 82 violation under § 82-14: $2,500 to $6,000 for a first offense, $5,000 to $10,000 for a second within five years, each week a separate offense. Section 82-11 also lets the Chief Building Inspector revoke a registration after 14 business days' uncured notice of a code violation, appealable to the Zoning Board of Appeals within 30 days.

Frequently Asked Questions

Do I need a Brookhaven rental registration to rent to my adult child?
You still must comply with Chapter 82, but § 82-10A(1) makes it an affirmative defense to a registration charge if the occupant is an immediate family member as defined in § 82-2, spouse, child, parent, grandparent, sibling or similar relative.
How long does a Brookhaven rental registration last?
A temporary registration issued after a complete application lasts 90 days. Once the required inspection or licensed inspection report is submitted within that window, the Chief Building Inspector issues a full registration valid for 15 months under § 82-10C(3) and the § 82-2 definition.
Can I rent my Brookhaven house out for a weekend?
Not as a registered rental. Section 82-10A(2) bars issuing a rental registration to a 'transient residential occupancy,' defined in § 82-2 as a non-owner-occupied stay of less than 28 nights, unless the property is a licensed hotel, motel or bed-and-breakfast.

Sources & Official References

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