Ulster County, NY Short Term Rental Regulation by Town

 

Ulster County, New York has experienced significant growth in the short-term rental market in recent years. As a result, regulatory measures have been put in place to slow supply so as not to distort local property markets. These regulations differ by town, reflecting the diverse needs of communities within the Town.

Some towns, such as Marbletown and Olive, have passed local laws permitting short-term rentals with specific requirements, such as obtaining a permit and paying a fee. Other towns, like Gardiner, are actively working on drafting regulations for this fast-developing industry. Ulster County officials provide recommendations for municipalities when crafting their short-term rental legislation, which allows for a more streamlined approach across the region.

These efforts aim to balance local economic growth, the needs of the local housing market, and residents' concerns. As a result, Ulster County's towns are demonstrating their commitment to providing safe, regulated short-term rental options for tourists and accommodating the community's housing needs.

Short Term Rental Regulations in the Hudson Valley

New York State Short Term Rental Taxes

In New York State, short-term rental operators may be subjected to various taxes, including state and local sales taxes, occupancy taxes, and more. These taxes depend on the specific location within the state and the type of rental unit. It is essential for operators to be aware of their tax obligations to ensure they are compliant with all state and local laws.

Operating a Short Term Rental in Hudson ValleyNY

Operating a short-term rental in Ulster County, NY, can be both rewarding and challenging as regulations within the Hudson Valley area are some of the most complex and constantly changing in the country. These regulations are often promulgated at the town and homeowners association level, creating a regulatory minefield for investors and operators who do not conduct proper due diligence.

Ulster County Towns have devised various criteria for short-term rental regulations, including:

  • Limiting short-term rentals to owner-occupied units

  • capping the number of short-term rentals

  • restricting locations of short term rentals through zoning

  • Require local hosts and professional managers

  • Requiring short-term rental operators to register their units through a municipal process and be subject to inspection

Due Diligence

It is paramount for potential investors and operators to conduct thorough due diligence before venturing into the short-term rental market in Ulster County. One should:

  • Familiarize oneself with the regulations and laws pertaining to short-term rentals in their specific municipality (examples include Gardiner, New Paltz, and Ulster)

  • Contact the municipality's website or office for the most up-to-date information on regulations

  • Consult with legal and tax experts to understand the full scope of tax obligations and applicable laws

  • Maintain ongoing compliance and monitoring to stay informed of any changes within the respective municipality or town

Ulster County

Permits short term rentals but defers to the Towns for regulation. All short term rentals in Ulster County are considered hotels/motels and must register for and remit Ulster County Hotel & Motel Occupancy Tax quarterly. Note: AirBnb collects and remits this tax for hosts in Ulster County, but hosts are still required to file hotel tax returns. Thankfully, this process is actually pretty painless once registered.

Short Term Rental Regulations by Town:

City of Kingston

  • The City's current zoning statute only allows short-term rentals in the C-1, C-2, C-3, O-3, RF-R, and RF-H zoning districts.

  • All hosts must be registered and up to date on payments to the Ulster County’s Hotel & Motel Room Occupancy Tax and must register with the City of Kingston Building Safety Department to obtain an operating license and obtain a special permit from the Planning Board.

  • Resolution 216 of 2021

  • Contact the City’s Building Safety Department or reference this short-term rental fact sheet.

  • Find the short term rental forms here.

Town of Hurley (Hurley, West Hurley, Glenford)

Town of Marbletown (Atwood, High Falls, Lapla, Lomontville, Lyonsville, Pacama, Stone Ridge)

Town of Olive 

Note: permits are currently capped for non-owner occupied short term rentals

(Ashokan, Brodhead, Boiceville, Brown’s Station, Krumville, Olivebridge, Samsonville, Shokan, West Shokan)

Town of Rochester (Accord, Alligerville, Cherrytown, Fantinkill, Granite, Kerhonkson, Liebhart, Kyserike, Mettacahonts, Mill Hook, Minniwaska, Mombaccus, Palentown, Pataukunk, Pine Bush, Potterville, Riggsville, St. Joseph, Tabasco, Whitfield, Yagerville)

  • The use of a property for Short Term Transient Rental shall be strictly considered an accessory use to residential use single family and two-family dwelling units and allowable only upon receipt of a short-term transient rental permit in the AR-3, AB-3, R-1, R-2, R-5, H, and B zoning districts.

  • Town of Rochester Town Board has determined a cap shall be established on the number of NEW short-term transient rental non-owner-occupied permits. There will be no cap on owner occupied units.

  • Local Host is required for non-owner occupied short term rentals

  • Local Law 3 2021

  • The permit application may be downloaded here: Short Term Rental (fillable)

Town of Saugerties (Asbury, Blue Mountain, Canoe Hill, Centerville, Eavesport, Fish Creek, Flatbush, Glasco, Glenerie, High Woods, Katsbaan, Malden-on-Hudson, Manorville, Mount Marion Park, Quarryville, Saxton, Saugerties South, Shultis Corners, Veteran, West Camp, West Saugerties)

Town of Rosendale

No known regulation.

Town of Shandaken

NOT accepting new applications due to a cap on non owner-occupied rentals

(Allaben, Beechford, Big Indian, Bushnellsville, Highmount, Mt. Pleasant, Mt. Tremper, Oliverea, Phoenicia, Pine Hill, Shandaken, Woodland Valley)

Town of Gardiner

Draft Legislation Pending

  • Town Board hereby sets a cap on the number of Short-Term Rental licenses at 100.

  • A license will be issued based upon the following Process:

  • (1) Priority will be given to owners who have previously registered with Ulster County

  • with those registered with the County the longest having preference.

  • (2) Then, applications will be decided on a "first come, first served basis”, based on the

  • date of the completed application.

Town of Hardenburg

no known regulation

Town of Lloyd

  • “The STR use of a property shall only occur as an accessory use to an existing or proposed singlefamily or two-family dwelling in the A, R2, R1, R1/2, R1/4, and CB zoning districts, subject to a Special Use Permit issued by the Planning Board and a STR permit. No STR use may occur on a vacant parcel.”

  • The Town of Lloyd Town Board reserves the right to set a cap for the maximum number of STR permits to be issued.

Town of New Paltz

  • Registration and local manager required for non-owner occupied rentals

Town of Plattekill

Town of Shawangunk

Regulation was recently proposed but failed to pass. The issue has not been taken up again by Town Board.

Town of Ulster

No known regulation.

Town of Wawarsing

no known regulation, but potential regulation upcoming

Town of Woodstock

Cap of 285 permits has been reached. No new applications being accepted.

  • Non-owner occupied short term rentals may only be rented for a maximum of 180 days per year and must have a local host.

  • The Town Board will set caps on the number of short term rentals permitted and the fee schedule on an annual basis.

  • Violations of the law may lead to denial of application or revocation of operating permit.

  • The law includes definitions for terms such as host, short term rental home, short term rental establishment, and short term rental non-owner occupied.

Village of Ellenville

  • Short Term Rentals permitted in Districts R-2 by special permit and R-3, R/O, B-2, B-3 permitted by right

Village of New Paltz

 

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