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Southampton Village, NY Short-Term Rentals: Night Caps (2026)

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

Key Facts

Governing section
Southampton Village Code § 89-3E
Annual cap
No more than 120 days within any year
Minimum stay
14 consecutive days under § 89-4B
One-week exception
Permitted twice in a calendar year
Penalty by summons
$1,000 minimum, up to $2,500 each day
Amended
8-14-2025 by L.L. No. 7-2025

Summary

In the Village of Southampton, no seasonal use dwelling unit can be rented for more than 120 days within any year, and a unit rented for more than 120 days in a calendar year does not qualify as seasonal. Rentals under 14 consecutive days are barred, except that a one-week seasonal rental is allowed twice in a calendar year.

(4) Any lease shall include: a statement that the tenant(s) has a primary address to return to which address shall be included in the lease; language that the unit is registered as a seasonal use dwelling unit within the Village of Southampton; and that the occupancy of the tenant is only for seasonal use and shall not exceed 120 days or shorter as provided in the lease. ... E. In no event shall any seasonal use dwelling unit be rented for more than 120 days within any year.

Full Breakdown

Section 89-2 defines a seasonal use dwelling unit rental agreement as a written agreement under which a dwelling is leased, used or occupied for 120 days or less in any calendar year, and adds that any dwelling unit rented for more than 120 days in any calendar year does not qualify as a seasonal use dwelling unit. Section 89-3E states the cap flatly: in no event can any seasonal use dwelling unit be rented for more than 120 days within any year.

The cap travels with the paperwork. Under § 89-3C(4) every lease must state that the tenant's occupancy is only for seasonal use and cannot exceed 120 days, or a shorter period if the lease says so, and the landlord files an affidavit confirming that the property has not violated that time frame.

Section 89-4 adds a floor. Except for the one-week exception, a seasonal rental for less than 14 consecutive days is not permitted (§ 89-4B), and a rental of a property for one week is permitted twice in a calendar year despite the fourteen-day minimum (§ 89-4C). The dwelling can be leased only to an individual or a family (§ 89-4A). Selling shares that give tenants use for less than the full term or less than full use of the unit is prohibited (§ 89-4E), rent cannot be shared by more than the permitted number of tenants (§ 89-4F), and leasing less than the entire dwelling is prohibited (§ 89-4G). The chapter counts days of rental, not guest nights.

Violations & Fines

A unit that fails the lease conditions loses its registration under § 89-5. Under § 89-7 the Village Attorney can bring a civil action to enjoin the violation when authorized by Village Board resolution, with a court penalty of up to $2,500 for each day. A summons from a police officer, peace officer, fire marshal, ordinance inspector or building inspector carries a minimum penalty of $1,000 and up to $2,500 each day.

Frequently Asked Questions

How many days can a house be rented as a seasonal rental in the Village of Southampton?
At most 120 days within any year. Section 89-3E says in no event can a seasonal use dwelling unit be rented for more than 120 days within any year, and § 89-2 says a unit rented for more than 120 days in a calendar year does not qualify as a seasonal use dwelling unit.
Is there a minimum stay?
Yes. Section 89-4B prohibits a seasonal rental for a period less than 14 consecutive days, except as § 89-4C allows. Section 89-4C permits a seasonal rental of a property for one week twice in a calendar year, notwithstanding the fourteen-day minimum.
How does the Village check the cap?
Through the lease and the registry. Section 89-3C(4) requires the lease to say occupancy shall not exceed 120 days or shorter as provided in the lease, and the landlord submits an affidavit with the lease confirming the property itself has not violated that time frame. Section 89-3B puts the lease on file with the Village.
Can several people split a rental and share the rent?
Only up to the permitted number of tenants. Section 89-4F says the rent or compensation for a seasonal rental cannot be shared by more than the permitted number of tenants, and § 89-4E prohibits selling shares that give tenants use for less than the full term or less than full use of the unit.
What is the penalty for going over the cap?
Section 89-7D sets a minimum penalty of $1,000 and a maximum of up to $2,500 for each day a violation is conducted, maintained or permitted, on a summons from an authorized officer or inspector. Section 89-7C allows a court penalty of up to $2,500 per day in an injunction action, and § 89-5 revokes the registration.

Sources & Official References

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