TOWN OF WARWICK
ADOPTED LOCAL LAW NO. 4 OF 2024
ADOPTED LOCAL LAW NO. 4 OF 2024 AMENDINGSHORT TERM RENTALS IN THE TOWN OF WARWICK. A LOCAL LAW TO AMEND SECTION 129 ENTITLED “SHORT TERM RENTAL PROPERTY AND SUBSECTIONS THEREIN”
Proposed Amendments to Town Code Section 129 Short-Term Rental Property subsections:
§129-2 Definitions
§129-3 Short-term rental property registration and permit requirement
§129-4 Application for renewal of permit.
§129-5 Inspections of short term rental units
§129-7 Grounds for suspension or revocation of permit.
§129-8 Requirements/restrictions on use and occupancy pursuant to short-term rental permits.
§129-12 Appeals
§129-14 Penalties for offenses
§129-2 Definitions
Any natural person, or natural persons owning an interest in a parcel of real property in fee simple, joint tenancy, tenancy in common, tenancy by the entirety, or through an ownership interest in a partnership, limited liability partnership, or corporation, who does not reside on the rental property and/or who resides outside the designated boundaries of Orange County as those boundaries may be defined at the time of regular, periodic property registration. All absentee landlords must be natural persons and not corporations, limited liability companies or other similar entities.
LANDLORD
Any natural person, or persons owning an interest in a parcel of real property in fee simple, joint tenancy, tenancy in common or tenancy by the entirety, or through an ownership interest in a partnership, limited liability partnership, or corporation, or resident agent, who resides on the rental property and/or who resides within the designated boundaries of Orange County as those boundaries may be defined at the time of regular, periodic property registration. who offers a housing unit for occupancy to persons other than members of his immediate family in exchange for a fee or compensation, whether monetary or otherwise. All landlords must be natural persons and not corporations, limited liability companies or other similar entities.
§129-3 Short-term rental property registration and permit requirement.
A) Registration
(1) All landlords and absentee landlords, or their designated resident agents, must register and obtain a short-term rental permit from the Town of Warwick within 30 days of the effective date of this article and/or before any housing or dwelling unit is utilized, or advertised for use, as a short-term rental property. Initial registration will begin within 30 days after this article becomes effective.
(2) It is the responsibility of the landlord, the absentee landlord, and, if applicable, the resident agent to register any short-term rental property as required in this article, and failure to do so shall constitute a violation of these regulations and is subject to the penalties set forth herein.
(3) All absentee landlords must have a resident agent for all short-term rental properties.
(4) Any substandard condition identified during an annual inspection must be corrected by the landlord or absentee landlord before a short-term rental permit shall be issued.
B. The registration for a short-term rental permit shall be on a form approved by the Building Inspector in accordance with the provisions of this section, and contain a minimum the following information:
(12) Name, social security number, telephone number, e-mail address, physical address of the landlord and registered agent and, a post office box is not an acceptable address for a registered agent.
(13) a. If the landlord is one of multiple real persons owning an interest in real property by joint tenancy, tenancy in common or tenancy by the entirety, the name, date of birth, social security number and legal address of each and every co-owner and the nature of their interest shall also be disclosed;
(13) b. If the landlord owns the interest in the parcel of real property by virtue of an ownership interest in a partnership, limited liability partnership, or corporation, the name, date of birth, social security number and legal address of each and every owner, officer, partner or general interest partner in the business entity, and the nature of their interest shall also be disclosed;
(14) If the landlord property by virtue of an ownership interest in a partnership, limited liability partnership, or corporation, the entity’s tax identification number, and the name, telephone number, e-mail address, mailing address and physical address of the owner’s registered agent for service of process;
§129-4 Application for renewal of permit.
A. Application for renewal of the short-term rental permit is due thirty (30) days’ prior to its expiration and requires payment of the renewal fee.
B. The renewal shall only be renewed after reinspection of the subject premises by the Building Inspector pursuant to § 129-5, and any reported violations must be remedied prior to the renewal of a short-term rental permit.
§129-5 Inspections of short term rental units.
A. Inspections of all short-term rental properties shall be conducted on an annual basis to determine compliance with Chapter 67 and Chapter 82.
B. All inspections finding substandard conditions will be subject to the procedures set forth for violation of Chapter 67, Unsafe Buildings, as amended.
C. Inspections shall be conducted and work descriptions shall be compiled and issued by the Building Inspector.
D. The Building Inspector will be responsible for arranging for the inspection of rental units and for initiating any other appropriate action under these regulations. The inspections will be conducted during normal business hours as defined by the town business hours in force at the time.
E. If the short-term rental property fails inspection, there shall be a fee of $25 for each subsequent reinspection.
§129-7 Grounds for suspension or revocation of permit.
A. The Building Inspector may serve a notice of suspension of a short-term rental permit for up to sixty (60) days or a notice of revocation of a short-term rental permit based upon, among others, any of the following grounds:
Subsections (1) through (11) no change other then
(8) Advertising or listing a short-term rental without a valid permit or registration, or without including the permit or registration number on the advertising or listing, or advertising the short-term rental for a greater occupancy than permitted, or use other than permitted.
B. Suspension and Revocation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice, or the permittee may be subject to prosecution for violation of the Town Code, unless said ten (10) day period shall be extended in the discretion of the enforcement officer issuing such suspension or revocation notice, or unless a shorter period of time has been prescribed for in this chapter. Suspension and Revocation notices shall be served by hand delivery at the property or by posting on the front door of the residence if no one is available for delivery. The permittee or registered agent may file a written notice of appeal by hand delivery of mail received by the Town Clerk’s office prior to the expiration of the said ten-day period. If such notice is duly filed, the suspension or revocation of the short-term rental permit shall be stayed pending a decision on the appeal by the Town Board pursuant to §129-12 herein.
C. In the event that a permit for short-term rental permit is suspended or revoked pursuant to §129-7 A, the permittee shall be charged a $500.00 administrative fee, which is non-refundable even if the suspension or revocation is ultimately set aside by decision of the Town Board.
§129-8 Requirements/restrictions on use and occupancy pursuant to short-term rental permits.
A. It is the responsibility of the landlord or absentee landlord to ensure proper and legal occupation of the premises and compliance with this article.
B. The premises for which a short-term rental permit has been granted can only be used for residential purposes.
C. Occupancy of a short-term rental is limited to the maximum people permitted as per the approved septic design for the number of bedrooms in the Town Building Department records. A typical septic system, that meets NYS Department of Health Design Standards, permits a maximum occupancy of two persons in the short-term rental per recorded bedroom count in the Building Department records.
D. A tenant in possession pursuant to short-term rental is prohibited from subleasing or otherwise licensing the use or occupancy of any portion thereof.
E. Advertising for the subleasing of, or selling or assigning of shares to, the premises by a tenant, or occupant, for the use or occupancy of all or a portion of the premises is prohibited.
F. All tenants shall ensure that at no time shall ingress or egress from any driveway be impeded.
G. The tenants of short-term rental premises and their guests shall not park any motor vehicle in a manner so as to block or prevent access to driveways or easements or rights-of-way.
H. Any conduct on the premises which is unreasonable under the circumstances and which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance is prohibited.
I. Trash, refuse and recycling shall not be left stored within the public view, except in proper containers for the purpose of collection by the collectors, set out no earlier than 5:00 p.m. on the evening prior to scheduled trash and recycling collection days, and shall otherwise comply with § 63-3E of the Code. Trash and recycling schedules must be posted by the landowner in the short-term rental.
J. No guests other than those contracting for and residing in the short-term rental property are permitted on the premises overnight.
K. No events, such as, but not limited to, weddings, parties or concerts, are permitted in a short-term rental property.
L. Short-term rental owners shall post a copy of the following in an open and conspicuous place in the rental unit that shall be visible to all guests:
(1) Current, valid, short-term rental permit.
(2) A copy of the Town Noise Ordinance, Chapter 100A.
(3) A safety/egress plan shall be posted in a visible location inside the short-term rental and on the back of each bedroom door offered for rent.
(4) A valid property survey map depicting the boundaries of the relevant parcel of real property, and notice to guests not to trespass on neighbors’ property.
§129-12 Appeals
A. If the Building Inspector denies an application for a permit for short-term rental, denies an application for renewal of a permit for short-term rental, suspends a permit for short-term rental or revokes a permit for short-term rental, it shall be done in writing, reciting the grounds for denial, suspension or revocation.
B. An applicant or permittee, as applicable, may appeal from such denial, suspension or revocation by filing a written request for a hearing before the Town Board. Such request shall be filed with the Town Clerk.
C. If a permittee files a request for appeal of a suspension or revocation of a permit for short-term rental, pursuant to §129-7 B, although the suspension or revocation of the short-term rental permit is stayed pending a decision on the appeal by the Town Board, the permittee may not engage in short term rental during the pendency of the appeal of the suspension or revocation of the permit for short-term rental.
D. Upon receipt of such request, the Town Clerk shall schedule to be heard at either one (1) of the two (2) next regularly scheduled Town Board meetings, affording the appellant at least five days’ written notice of the place, date and time of the hearing, and shall publish notice of same.
E. At the hearing, the appellant shall be afforded reasonable opportunity to be heard. The public shall be afforded reasonable opportunity to be heard. The appellant shall bear the burden of proof, by a preponderance of the credible evidence, to show that the determination of the Building Inspector was arbitrary or capricious or in excess of his authority. The decision of the Town Board shall be final and conclusive.
129-14 Penalties for offenses
A. Violations of this article will constitute a municipal violation and will be subject to applicable penalties under this article in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter 82, Fire Prevention and Building Code Administration, or Chapter 67, Unsafe Buildings.
B. Penalties for violations of these regulations will be imposed as follows:
(1) Engaging in short-term rental, to include allowing occupancy of the relevant real property or advertising for short term rental, without a valid short-term rental permit: a fine in an amount established by resolution of the Town Board:
(2) Allowing occupancy without valid permit: a fine in an amount established by resolution of the Town Board.