Southampton, NY Short-Term Rentals: Occupancy Limits (2026)

Town Code § 270-9B ties maximum occupancy of a rental dwelling unit to bedroom floor area. Under § 270-9B(1), a bedroom of at least 70 but less than 120 square feet may hold one occupant; a bedroom of at least 120 but less than 250 square feet may hold two occupants; and where more than three people occupy a room used for sleeping, the required floor area increases by 100 square feet for each occupant beyond three, capped at a maximum of five occupants per bedroom regardless of size.

These limits apply on top of the general rule in § 270-9A that a rental property may only be leased to one family as defined in § 270-1, and no more than two bedrooms are permitted in a rental's basement under § 270-9D. The floor plan showing the size and location of every bedroom must be submitted with the rental permit application under § 270-5B(8), and a written certification from a licensed architect, engineer or home inspector (or a Town inspection) confirms bedroom count and square footage before a permit issues under § 270-5B(10).

Converting any room into a bedroom without a building permit and without amending the rental permit's bedroom count is separately made a distinct offense under § 270-9B(4). Because § 270-9B(2) and (3) each make excess occupancy a separate offense per dwelling unit and a separate offense for every continuing day of the overage, a single overcrowded rental can generate multiple violations quickly, and enforcement is carried out by the Public Safety and Emergency Management Administrator's office alongside the Chief Building Inspector.