The Town Board of the Town of Warwick does hereby establish
regulations for the enactment, enforcement and administration of a
rental permit requirement for all short-term rental units within the
corporate boundaries of the Town of Warwick and for the periodic registration
of all landlords and short-term rental property owners for the purpose
of regulating short-term rental property conditions and for maintaining
an inventory of available short-term rental housing.
As used in this article, the following terms shall have the
meanings indicated:
ABSENTEE LANDLORD
Any natural person owning real property in fee simple 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.
BUILDING INSPECTOR
The Building Inspector of the Town of Warwick or such person as appointed by the Town Board to enforce of Chapter
67, Unsafe Buildings, and this article.
HOUSING OR DWELLING UNIT
Any single residential living space which is capable of housing
one separate household, whether a detached single-family structure
or building or part of a multihousehold structure or building.
IMMEDIATE FAMILY
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
LANDLORD
Any natural person owning real property in fee simple or
resident agent 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.
RESIDENT AGENT
A natural person designated by a landlord or absentee landlord
who resides within the designated boundaries of Orange County as defined
at the time of periodic property registration. All resident agents
must be natural persons and not corporations, limited liability companies
or other similar entities. A resident agent must be able to respond
to the short-term rental within one hour of notification by the Town.
SHORT-TERM RENTAL PERMIT
A permit issued by the Town of Warwick stating that the referenced structure or unit conforms to the standards of Chapter
82, Fire Prevention and Building Code Administration, and that occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that permit.
SHORT-TERM RENTAL PROPERTY
Any housing or dwelling unit(s) which are occupied by persons
other than the owner or his immediate family for which a fee or compensation,
monetary or otherwise, is received by the owner or landlord in exchange
for such occupancy for a period of less than 30 days, which shall
include but not be limited to rentals provided by such companies as
Airbnb and VBRO. Month-to-month tenancies are not considered short-term
rental properties.
SUBSTANDARD
Any deficiency in a structure or housing unit that does not meet the standards of Chapter
82, Fire Prevention and Building Code Administration, as amended.
The Building Inspector may deny an application for a short-term
rental permit or renewal permit based upon, among others, any of the
following grounds:
A. The application does not fully comply with the provisions of this
article.
B. The applicant has falsified or failed to provide information in the
application for a permit, registration of property, or registration
of landlord or absentee landlord.
C. The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of landlord or absentee landlord, upon which such
short-term rental permit had been issued.
D. The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E. The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of application
or during the calendar year in which the application was made.
F. The property for which a short-term rental permit is sought was used
or occupied in violation of this article during the calendar year
immediately preceding the date of application or during the calendar
year in which the application was made.
G. The property for which a short-term rental permit is sought is not
equipped with a single-station smoke-detecting alarm device and carbon
monoxide detector device, or devices, in accordance with New York
State standards.
H. The property for which a short-term rental permit is sought does
not possess adequate exits in accordance with New York State standards.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
article.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.