Did You Know: The Town Board of the Town of Brookhaven, in Suffolk County, New York is proposing to amend Zoning Code to prevent homeowners from generating additional income through short term vacation rentals.  (Follow this link to 11 page proposal)

The proposed “Law Number 6” will amend Town Codes to prevent “Transient Residential Occupancy” defined as any rental for less than 28 days.

The Town Board further proposes severe fines and penalties for homeowners that engage in short term rentals.  Punishment includes being charged with a misdemeanor and:

• First Offense:         Fines from $500 to $4,000 and up to 15 days imprisonment
• Second Offense:   Fines from $1,000 to $6,000 and up to 6 months imprisonment
• Further, Real Estate agents risk violation referrals to the Division of Licensing Services of the Department of State.

The proposal includes all property located in the Town of Brookhaven, except for properties on Fire Island.  Rentals of over 28 days will be required to comply with expensive home inspections, rental licenses, and extensive registration procedures.

The Town Board intends to supersede Town Law 268 to allow an increase to the maximum penalties and plans to adopt this law immediately.

Similar Laws have been found unconstitutional:  The NY State Supreme Court ruled in October 2019 that a similar law, proposed by the Village of Bellport, to be “arbitrary, capricious and unconstitutional”,  rendering the law null and void.  Further stating, “A village's local law affecting real property is unreasonable, under police power and due process analysis, if it encroaches on the exercise of private property rights without substantial relation to a legitimate governmental purpose”.

The proposed law will be immediately contested in courts, causing Brookhaven to spend tax money defending an unnecessary law.

What You Can Do:

• Sign this petition, share reasons you are in favor of or dependent on short term rentals
• Share this information, most residents are unaware of this initiative
• Call or write your Town Council Representative
• Attend the Public Hearing on May 4, 2023 at 5:30 PM there will be a public hearing at Town Auditorium at One Independence Hill, Second Floor, Farmingville, NY 11738. 
• Join the Facebook group "Brookhaven Alliance for Homeowners Rights"
• Send an email VIA Airbnb to your town council rep

This Petition:

We, the undersigned, express strong opposition to the proposed "transient residential occupancy" law. While we value the tranquility, safety, and well-being of our community and neighbors, the proposed law encroaches on private property rights, threatens homeowners, fails to address specific issues, and will negatively impact our community.

We believe that short-term rentals should be inspected, registered, and taxed – not outlawed.  We oppose allocating tax dollars for enforcing this law and defending inevitable lawsuits.

Short-term rentals bring many benefits to individual homeowners and the community including additional tourists revenue to local businesses and occupancy tax revenue.  There are very few complaints about renters, and most renters quietly enjoy stays in Brookhaven to visit family, work, or enjoy the natural beauty of the area.

The Ask:

• Please sign your name and share this petition broadly within our community. Your support is vital for making our collective voice heard.  
• In the comments, please share your positive experiences with Short Term Vacation Rentals. 
• We are NOT seeking donations.