The purpose of this chapter is to regulate short-term rentals (STRs) within the Town of Red Hook in a manner that protects the public health, safety, and welfare. This chapter describes procedures for obtaining a permit for STRs and is intended to operate in conjunction with the regulations of Town of Red Hook Code Chapter 143, "Zoning."
Terms used in this section shall have the meanings given in Chapter 143 of the Code.
It shall be unlawful for any person to operate an STR, including any hosted STR, un-hosted STR or farm stay STR, within the Town of Red Hook without having obtained an annual operating permit for such purpose in accordance with the provisions of this chapter, and without having obtained requisite planning and zoning approvals under Chapter 143, Zoning, if any. A once-per year exception is provided in § 112-4. Any applicable planning and zoning approvals must be granted prior to the issuance of an annual operating permit.
Subject to the conditions set forth in this chapter, a property owner may obtain an annual operating permit where such use is permitted in the Zoning District by Chapter 143 subject to the conditions of Chapter 143.
All annual operating permits shall expire on December 31 of the year
in which they are issued, except that annual operating permits approved
in 2022 shall expire December 31, 2023. A property owner may apply
for renewal for the following calendar year within three months prior
to the expiration date.
Any person desiring to operate an STR shall make a written application
for an annual operating permit to the Zoning Enforcement Officer.
The application for an annual operating permit shall be made on forms
provided by the Town of Red Hook and shall include the information
required by this chapter and at least the following:
The application shall state whether there are any home occupations
(and whether Class 1 or Class 2) or accessory dwelling units located
on the property.
Floor plan showing all bedrooms in the dwelling and identifying those
to be used as an STR, indicating the square footage and ceiling height
of bedroom(s) to be used as an STR and indicating location of two
means of egress from each bedroom.
Sketch map sufficient to show the location of all available off-street
parking on the lot. (A single-family dwelling requires two off-street
parking spaces; each rented room of an STR requires an additional
space.)
Certification that the STR contains a functioning smoke detector
and two safe means of ingress/egress for each rented bedroom as well
as a functioning CO detector and functioning fire extinguisher on
each floor.
For any STR other than a hosted STR, a designated local contact if
the property owner is not staying within 15 air miles of the Town
of Red Hook at the time the property is rented or the name, address
and telephone of the property owner's temporary lodging within
15 air miles. The local contact shall be a person 18 years of age
or older and shall be able to respond to an emergency or complaint
at the property in a timely manner, not to exceed one hour.
In addition to the application and information required pursuant to Subsection D above, an applicant for an annual operating permit shall provide the following documentation along with the application:
Hotel occupancy tax. For any renewal application, evidence of payment
of the hotel occupancy tax required by Dutchess County for the prior
fiscal year shall be submitted.
Confirmation by the assessor which may be based on the then-current
eligibility of the property for the STAR (school tax relief) property
tax exemption or credit; or
In all zoning districts, as established by the Town of Red Hook Zoning Map in Chapter 143, property owners who have registered with the Town of Red Hook are permitted to rent out their primary residence as a registered STR a maximum of one time per calendar year (for a period of fewer than 30 days) without an annual operating permit. The registered STR must comply with all other provisions of this chapter, including the use regulations listed at § 112-5 and the Zoning Law.
Only one such registration shall be permitted per calendar year per property. Registration is required each year the home is rented. An owner may not hold a registration under § 112-4 and an annual operating permit under § 112-3 at the same time.
The following regulations apply to all STRs including those requiring an annual operating permit under § 112-3 and those requiring registration for the once per year exception under § 112-4.
Except for farm stay STRs, a property owner may only operate an STR
on the parcel where their primary residence is located and may only
operate an STR on one parcel in the Town.
Annual operating permits for an STR and registrations for a registered
STR are specific to the designated owner and property and cannot be
transferred to other owners or properties.
Neither an annual operating permit nor a registration shall be issued
to any owner or for any property with an outstanding notice of violation
under the Town of Red Hook Code, nor to any owner or property with
a permit or registration that was suspended or revoked and remains
uncured, or that was suspended or revoked two or more times during
the two-year period preceding the year applied for.
If the structure to be used as the STR is the subject of a pending
building permit or does not have a current certificate of occupancy,
the building inspector may require an inspection for compliance with
applicable requirements of the NYS Uniform Fire Prevention and Building
Code.
The owner of an STR shall provide the permit or registration number
of the STR, and the name and contact number of the property owner
and (where required) the local contact (i) in any rental confirmation
provided to a prospective occupant; (ii) in a written posting at the
premises; (iii) in any advertising or listing, the permit or registration
number only; and (iv) to any adjacent landowner upon request.
A property map (either a survey of the property or a tax map printed
from Dutchess County Parcel Access) depicting property boundaries
and notice to guests not to trespass on neighbors' property.
Facilities to handle solid waste, including recycling, shall be made
available to STR guests and shall be easily accessible, secure and
screened from adjacent properties. Failure to adequately provide for
and dispose of refuse shall be a violation of this chapter.
Except for farm stay STRs, hosted STRs limited to one bedroom (which
limit must be stated in the application and permit) may be rented
not more than an aggregate of 210 days per year and all other STRs
may be rented not more than an aggregate of 120 days per year. (This
restriction is not applicable to registered STRs which are limited
to a maximum of one time per calendar year for a period of fewer than
30 days).
Each STR owner shall be required to maintain a record of all STR
rentals, which shall be available for inspection by the Zoning Enforcement
Officer upon request. The record shall be a true and accurate record
of the use of the STR and shall include the dates and total number
of days rented, number of bedrooms rented, and number of guests. Each
owner shall retain such records for at least three years.
Occupancy taxes. The property owner shall be responsible for payment
of the hotel occupancy room tax to Dutchess County either directly
or through Airbnb or other platforms if applicable, and for collecting
and remitting all applicable occupancy and sales taxes required by
state law and/or county local law. Failure to pay all required taxes
shall be a violation of this chapter. The Town may transmit permit
and registration information to Dutchess County for enforcement purposes.
Advertising or listing an STR without a valid permit or registration,
or without including the permit or registration number on the advertising
or listing, or advertising or listing an STR for a greater occupancy
than permitted.
Failure to properly display a valid annual operating permit or registration or the required safety/egress plan, waste management plan, copy of Chapter 92 (Noise), and property map when required by Chapter 112.
A notice of violation may be issued by the Zoning Enforcement Officer or Building Inspector for any violation of Chapter 112. The notice of violation shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected.
The notice of violation shall be provided to the permit holder by
personal service, by regular mail to the address submitted with the
permit application, or by posting at the STR.
Failure to correct the violation or cause the violation to be corrected
shall be grounds for immediate suspension or revocation of the permit
or registration.
A permit holder shall be entitled to request a hearing on suspension
or revocation before the Town Supervisor or other hearing officer
designated by the Supervisor, upon application made to the Town Clerk
demonstrating that the permit holder was not in violation of the permit.
Any suspension or revocation remains in effect unless modified by
the hearing officer. The hearing officer shall hold a hearing to determine
whether to reverse the suspension or revocation within 30 days of
written request.
Notwithstanding the above, in the event the enforcement officer determines
that the STR is unsafe and presents and immediate hazard to those
on the premises, they may immediately suspend an annual operating
permit or registration.
The requirements established by this chapter shall be administered
and enforced by any law enforcement agency that has jurisdiction in
the Town of Red Hook ("police officers"), the Town of Red Hook Zoning
Enforcement Officer, Code Enforcement Official/Building Inspector
and Town Attorney or his/her designee and such other employees and/or
officials authorized by the Town Board.
In addition to any administrative remedy, pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Police Officers, the Zoning Enforcement Officer and Code Enforcement Official/Building Inspector of the Town of Red Hook are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Red Hook, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter 112 of the Code of the Town of Red Hook, entitled "Short-Term Rentals," and to prosecute the violation in Town Court.
Violation of any provision or requirement of this chapter or violation
of any statement, application, permit, or registration approved under
the provisions of this chapter shall be considered an offense punishable
by a fine of not more than $350 and/or imprisonment for not more than
six months for a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 and/or imprisonment
for not more than six months; and upon conviction for a third or subsequent
time within a period of five years, punishable by a fine of not less
than $700 nor more than $1,000 and/or imprisonment for a period of
not more than six months.
The owner, agent, or operator of a building, premises or part thereof where such violation has been committed or does exist and any agent, corporation or other person who commits, takes part or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense. Such initial notice and subsequent weekly notice shall be given in accordance with § 112-6B herein.
Conviction of a violation of this chapter shall constitute and effect
an immediate forfeiture of any permit or registration hereunder held
by the person so convicted.
Without limiting any other remedy, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with, or to restrain by injunction
the violation of, this chapter.