Before making a real estate decision, read these five articles written by Andrew Lieb, Esq.
Tuesday, July 12, 2016
Thursday, July 07, 2016
In September 2015, Southold passed a law, Southold Town Zoning Code §280-4, prohibiting all transient rental properties, also known as short-term rentals. Thereafter, local folklore emerged about grandfathering a house around the law. Don’t believe the folklore.
As a matter of background, prior to the transient rental law, Southold homeowners were generally able to rent their homes with no minimum durational restrictions. Now, all dwellings located in Southold, except for those on Fisher’s Island, are prohibited from leasing their homes for a period of less than 14 nights. Moreover, when a property is listed on a short-term rental website, the law presumes the dwelling is being used as a transient rental property. This law does not affect the hospitality industry as applied to licensed bed and breakfasts, hotels, and motels. Therefore, if you wish to stay in Southold for a duration of less than 14 nights, you must stay at a motel, hotel, or bed and breakfast.
As to grandfathering a house around the law, for a non-conforming use to legally continue it must:
As a matter of background, prior to the transient rental law, Southold homeowners were generally able to rent their homes with no minimum durational restrictions. Now, all dwellings located in Southold, except for those on Fisher’s Island, are prohibited from leasing their homes for a period of less than 14 nights. Moreover, when a property is listed on a short-term rental website, the law presumes the dwelling is being used as a transient rental property. This law does not affect the hospitality industry as applied to licensed bed and breakfasts, hotels, and motels. Therefore, if you wish to stay in Southold for a duration of less than 14 nights, you must stay at a motel, hotel, or bed and breakfast.
As to grandfathering a house around the law, for a non-conforming use to legally continue it must:
- Have been in existence on the effective date of the Southold’s Zoning chapter, April, 9, 1957;
- Not been enlarged, altered, extended, reconstructed or restored; and
- Never be changed to a conforming use.
Tuesday, July 05, 2016
Andrew Lieb discusses suffolk county lease requirements in his latest article Hamptons Real Estate Law: Never Overlook the Lease, featured in Dan's Papers.