Navigating Short-Term Rental Regulations: A Guide for Owners
State Law: NY is a Home Rule State leaving regulation to towns & cities
In the Hudson Valley, short-term rental regulations can vary significantly due to New York's "Home Rule" policy. This policy grants towns and cities the authority to create and enforce their own regulations regarding rentals, including Airbnb and other short-term rental platforms. As a result, property owners must familiarize themselves with local housing laws and regulations that may affect their rental operations.
Short-term rentals (STRs) are typically classified as dwelling units or portions thereof rented for less than 30 days, primarily to transient guests like tourists. However, the specific definitions and requirements can differ among towns and cities in the Hudson Valley.
Registration and Permits
Many towns and cities require short-term rental operators to register their properties and obtain permits. For example, the town of Red Hook has proposed a law requiring all STRs to register for a permit and limit rentals to primary residences. Permit fees may also apply.
Occupancy Taxes
Owners must also be aware of occupancy tax requirements. In Ulster County, short-term rental owners are responsible for collecting and remitting occupancy tax to the county STR Haus. This tax is typically a percentage of the rental rate charged to guests. The city of Hudson imposed a 4% lodging tax following a moratorium on short-term rentals.
Town Regulation of Short-Term Rentals
Local governments in the Hudson Valley have been taking a closer look at short-term rental regulations to balance the industry's growth and its effects on local communities. Each town has different rules to address these concerns, making it essential for property owners in the Hudson Valley to understand and comply with the regulations specific to their area.
A common regulation implemented by towns is the requirement for operators to obtain a zoning permit before offering short-term rentals. This zoning permit typically includes limitations related to rental frequency, owner-occupancy, maximum number of guests, and addressing nuisances to neighbors.
In order to remain compliant with town regulations, owners should take the following steps:
Research the specific regulations for short-term rentals in their town.
Obtain the necessary permits and licenses required by local ordinances.
Ensure their property complies with safety and occupancy guidelines.
Regularly update their knowledge of local regulations, as they may change over time.
Property owners can find information on short-term rental regulations by consulting their town's official website or contacting the local zoning department. Most towns are helpful and can provide guidance on how to navigate these regulations.
Here are some key elements to consider when reviewing local zoning codes for short-term rentals:
Zoning Districts: Determine the classification of your property's location (e.g., residential, commercial, or mixed-use) to better understand the applicable regulations and permitted uses.
Permitted Uses: Carefully review the list of allowed activities in your property's zoning district to verify that short-term rentals are permitted.
Parking Requirements: Comply with any regulations regarding the number of parking spaces and their dimensions as required for short-term rentals.
Occupancy Limits: Adhere to specific occupancy restrictions, such as the maximum number of guests allowed per rental unit.
Contact Haus Property Management
Navigating short-term rental regulations in the Hudson Valley can be complex due to the Home Rule policy in New York. Property owners must familiarize themselves with the specific regulations in their town or city to remain compliant with local laws. It is crucial to research the specific regulations for short-term rentals in your town, obtain necessary permits and licenses required by local ordinances, ensure your property complies with safety and occupancy guidelines, and regularly update your knowledge of local regulations. If you are a property owner in the Hudson Valley and have questions regarding short-term rental regulations, consider reaching out to Haus Property Management for guidance and assistance.
