[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 5-24-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
The Town Board of the Town of Poughkeepsie has determined it is in the best interest of the Town and its residents to regulate short-term rentals. The Town Board recognizes the benefits of short- term rentals to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the Town. However, to protect the health, safety and welfare of the Town and its residents, it is necessary to restrict the rental of dwelling units for terms shorter than 30 consecutive days because such use has the potential to negatively impact residential neighborhoods by allowing what are effectively transient lodging uses in buildings and areas where commercial uses may not be permitted. In addition, the presence of short-term rentals also can lead to a reduction in the affordable housing supply by removing dwelling units from the market and driving up demand for the limited remaining housing supply. This can result in fewer available units and increased prices or rents for those unite. The Town Board believes that the restrictions and requirements imposed herein further the Town's goals and objectives and promote the protection of the health, safety and welfare of the Town and its residents. This chapter describes procedures and requirements for obtaining a permit for a short-term rental and is intended to operate in conjunction with the regulations of the Town of Poughkeepsie Code Chapter 210 entitled "Zoning."
As used in this chapter, the following words shall have the
meanings indicated:
Any person, partnership, corporation, limited-liability company,
trust, governmental entity or other legal entity having a fee interest
in the real property to be used as a short-term rental.
A natural person; a living human being.
The domicile and principal dwelling that a primary resident
inhabits and resides in for the majority of a year.
A person who has a fee ownership in, and inhabits and resides
in, a primary residence; however, if title to the property is not
held in the name of a person, then the following shall apply: if the
property is held in the name of a trust, the person that inhabits
the residence must be a grantor or a beneficiary of the trust; if
the property is held by an entity other than a trust (corporation,
limited-liability company, partnership, etc.), the person that inhabits
the residence must be a majority owner of, or have a majority interest
in, the entity. Such persons shall be deemed primary residents.
A single-family dwelling or portion thereof made available
for rent or lease, or otherwise assigned, for an occupancy of fewer
than 30 consecutive days. The term "short-term rental" does not include
dormitories, hotel or motel rooms, bed-and-breakfast establishments,
inns, or boardinghouses as regulated by the Town of Poughkeepsie Zoning
Law, and does not include the use of any accessory structure(s) for
dwelling purposes. The following are types of short- term rentals:
Hosted short-term rental. A short-term rental where a primary
resident is present in the dwelling overnight with their guest(s).
Unhosted short-term rental. A short-term rental where no primary
resident is present in the dwelling overnight with their guest(s).
There are two types of unhosted short-term rentals:
A.
Permit required. It shall be unlawful to use, establish, maintain, operate, rent or lease, or advertise for rent or lease, any property as a short-term rental within the Town of Poughkeepsie without first having obtained a short-term rental permit for such purpose in accordance with provisions of this chapter, and without having obtained any planning or zoning approvals required by Chapter 210, Zoning. Any required planning and zoning approvals must be obtained prior to the issuance of a short-term rental permit. The failure or refusal to obtain a short-term rental permit prior to the commencement of a short-term rental use shall be deemed a violation of this chapter.
B.
Zoning use authorized. Subject to the conditions set forth in this chapter, a property owner may obtain a short-term rental permit only where such use is permitted by Chapter 210 in the zoning district in which the property is located.
C.
Advertisement. If the rental is advertised, the short-term rental
permit number must be included in the listing.
D.
Presumptive evidence. The existence of any of the following shall
create a rebuttable presumption that a property is being utilized
as a short-term rental:
A short-term rental permit shall be issued annually and shall
expire on the last day of December next succeeding the date of issuance,
unless sooner terminated or revoked. A property owner may apply for
renewal for the following calendar year up to 90 days' prior
to the expiration of the permit, but no later than 30 days' prior
to such expiration. Failure to timely apply for renewal will result
in the application being treated as an application for a new permit.
A.
Application. An application for a short-term rental permit shall
be made to the Zoning Administrator on forms provided by the Town
and signed by all owners of the property. The form and content of
the permit application shall be as determined from time to time by
the Town and shall request such information and materials as the Town
deems necessary. Such application shall contain, at a minimum, the
information required by this chapter and the following:
(1)
The name, address, email address, and telephone number of the property
owner, and of at least one primary resident, if applicable.
(2)
Property information, including:
(a)
The property address and Tax Parcel ID number;
(b)
The total number of bedrooms and bathrooms in the dwelling;
(c)
For a hosted short-term rental, the number of bedrooms occupied
by the residents of the dwelling;
(d)
The total number of bedrooms proposed for short-term rental
use;
(e)
A sketch indicating the location of each bedroom in the dwelling
to be rented, and two means of egress from each such bedroom; and
(f)
The number of persons to be accommodated in each short-term
rental bedroom.
(3)
For hosted short-term rentals and unhosted short-term rentals accessory
to a residential use, certification that the property is a primary
residence. Primary residency shall be verified by one of the following:
(a)
Proof of receipt of New York State STAR credit or STAR property
tax exemption for the short-term rental property; or
(b)
A copy of a filed federal or state tax return showing the primary
resident being domiciled at the property address; or
(c)
Other evidence satisfactory to the Town that the property meets
the primary residence criteria.
(d)
The Town shall have the final authority to determine whether
a property is a primary residence.
(4)
Proof of insurance coverage for the short-term rental use.
(5)
A sketch map or photos of the site sufficient to show the location
of the driveway, the number and location of existing on-site parking
spaces, and, if hosted, the number of on- site parking spaces available
for the short-term rental. It is not necessary for the sketch map
to be prepared by a licensed professional surveyor or engineer.
(6)
A certification in a form acceptable to the Town Attorney signed
and notarized by the property owner attesting to the fact that:
(a)
For a hosted short-term rental, the property is a primary residence
and the primary resident will reside in the dwelling during the rental;
(b)
For an unhosted short-term rental accessory to residential use,
the property is a primary residence; and
(c)
For all short-term rentals:
[1]
That the property is fit for human habitation and is safe;
[2]
That the owner, and primary resident when applicable, will comply
with all of the conditions and restrictions of the permit;
[3]
That no portion of the area to be used for the short-term rental
will utilize a cellar or attic, or any portion thereof, as habitable
space unless it meets the requirements of the New York State Uniform
Fire Prevention and Building Code; and
[4]
That the property is in compliance with all of the provisions
of this chapter, the applicable provisions of the Town Code, and the
New York State Uniform Fire Prevention and Building Code.
(7)
For any unhosted short-term rental, a designated local contact if
the property owner is not staying within 20 air miles of the property
at the time the property is rented. 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.
(8)
A nonrefundable application fee, in accordance with the fee schedule
established by the Town Board, payable upon application. In no instance
shall the filing of an application or the payment of an application
fee be construed as permission to operate a short-term rental, or
to exonerate the property owner from responsibility for compliance
with the building, housing, fire and maintenance requirements of any
local, county, state or federal agency having jurisdiction.
(9)
If a hosted short-term rental will serve food that is freshly prepared
on site, a food service permit from the Dutchess County Department
of Behavioral and Community Health may be required.
(10)
Such other information and/or documentation deemed necessary
by the Zoning Administrator.
B.
Inspection. In submitting the application for the issuance of a short-term
rental permit or any renewal, the owner and primary resident consent
to a fire and safety inspection of the property by the Town Building
Inspector, or a NYS licensed engineer or architect, prior to the issuance
of the initial permit and prior to the issuance of any permit renewal
confirming that the property is in compliance with this chapter and
all other applicable provisions of the Town Code and the New York
State Uniform Fire Prevention and Building Code. The inspection will
confirm that the short-term rental contains functioning smoke and
carbon monoxide detectors in appropriate locations as required by
the New York State Uniform Fire Prevention and Building Code, as well
as a functioning fire extinguisher, and two safe means of ingress/egress
for each rented bedroom. The inspection report shall indicate the
number of bedrooms in the dwelling permitted by the certificate of
occupancy and/or as permitted by the size of the sanitary sewage disposal
system approved for the dwelling by the Dutchess County Department
of Behavioral and Community Health. For an inspection by the Town
Building Inspector, a nonrefundable inspection fee shall be payable
upon application in accordance with the fee schedule established by
the Town Board. If the Building Inspector or NYS licensed engineer
or architect determines that the short-term rental space is not in
compliance, any existing permit shall be revoked, and the owner shall
cease use of the dwelling unit as a short-term rental until all noncomplying
elements have been corrected, as confirmed by reinspection by a NYS
licensed engineer or architect or by the Building Department, which
shall be subject to an additional fee as set forth in the fee schedule.
C.
Permit fee. A nonrefundable permit fee shall be payable upon issuance
of the permit in accordance with the fee schedule established by the
Town Board.
D.
Duty to amend. If the information submitted as part of the permit
application changes at any time after submittal, it is the responsibility
of the owner to submit such changes to the Zoning Administrator, in
writing, within 30 days of the occurrence of such change. Failure
to do so shall be deemed a violation of this chapter.
A short-term rental permit may be renewed by application to the Zoning Administrator as in the case of an original permit application as outlined in § 168A-5 above. All applications for a renewal of a permit shall be filed within the time frame outlined in § 168A-4 above. A permit may only be renewed by the same owner for the same property upon the payment of the requisite fees.
A.
Transferability. Only the owner of the property containing a proposed
short-term rental may apply for and operate a short-term rental. Short-term
rental permits are specific to the designated owner and property and
cannot be transferred to other owners or properties. Any owner who
purports to transfer a permit, or who uses a permit that has been
transferred, shall be in violation of this chapter.
B.
Unhosted short-term rental as principal commercial use. The Town
Board shall establish by resolution the number of permits that may
be issued in any year for unhosted short-term rentals as a principal
commercial use. The initial number of such permits shall be 30. The
Town Board shall have the discretion to limit the number of permits
that may be issued in any zoning district, or in any specific area
of the Town, as they deem appropriate to protect the health, safety,
and welfare of the residents of the Town and the public.
C.
Primary residence. With the exception of the foregoing Subsection B, it shall be unlawful for an owner to use, establish, maintain, operate, rent or lease any property as a short-term rental if the property is not a primary residence. The property used as a short-term rental shall be a primary residence at all times during the term of the permit.
D.
Violations. No short-term rental permit shall be issued to any owner
or for any property with an outstanding notice of violation under
the Town of Poughkeepsie Code, nor to any owner or property with a
permit that was revoked and remains uncured, or that was revoked two
or more times during the two-year period preceding the year applied
for.
E.
Authority of Zoning Administrator. The Zoning Administrator may issue
a permit upon such restrictions and conditions as he/she deems reasonable
and necessary under the circumstances.
F.
Conditions and restrictions of permit. All permits issued pursuant
to this chapter shall be subject to the following conditions and restrictions,
whether or not they are itemized on the permit:
(1)
Signage. There shall be no signage on the property advertising or
identifying any portion of the property as a short-term rental.
(2)
Residential appearance and character. All outward appearances of
the property in which the short-term rental will be located must remain
residential in character. A short-term rental shall be conducted in
a manner which does not give the outward appearance of a business,
does not have commercial-type outdoor lighting, does not infringe
on the right of neighboring residents to enjoy the peaceful occupancy
of their residential premises, and does not alter the residential
character of the property or the neighborhood.
(3)
Parking. Off-street parking shall be located on the parcel on which the short-term rental is located, and shall be comply with § 210-92 of the Town Code to the satisfaction of the Zoning Administrator.
(4)
Bedrooms. A hosted short-term rental shall be permitted to rent a maximum of two bedrooms. No unhosted STR shall offer for sleeping any space other than a bedroom. The foregoing notwithstanding, the use of any single-family dwelling for a short-term rental, whether hosted or unhosted, shall not result in an increase in the total number of permitted bedrooms indicated in the inspection report pursuant to § 168A-5B herein.
(5)
Number of guests. No more than two guests per bedroom may be accommodated
on any occasion. Children under five years of age shall not count
towards this maximum.
(6)
Traffic. Traffic attributed to the short-term rental must not result
in significant adverse impacts to existing traffic patterns nor create
a hazard to pedestrians in the neighborhood.
(8)
Solid waste. Facilities to handle solid waste, including recycling, shall be made available to short-term rental guests and shall be easily accessible, secure and screened from adjacent properties. Instructions shall comply with Subsection F(14) below.
(9)
Assembly. It shall be unlawful for a short-term rental property to
be utilized for any type of assembly. As used in this chapter, "assembly"
shall include, but not be limited to, a wedding; bachelor or bachelorette
party; or any similar party, activity or gathering; or a luncheon,
banquet, or meeting; or similar activities.
(10)
Meals. No restaurant may be operated, and no meals may be prepared
or served to guests other than the rental occupants of the short-term
rental. Meals served to permitted occupants of the short-term as in
a typical bed-and-breakfast are permitted.
(11)
Nonhabitable structures. No owner shall offer or use any part
of the property not approved for residential use as a short-term rental,
including but not limited to a recreational or other vehicle parked
on the property, a storage shed, recreation room, trailer, garage,
or any temporary structure such as a tent or treehouse.
(12)
Transient recreational use not part of short-term rental use.
It shall be unlawful for a property owner to offer for use, rent or
lease, or advertise for use, rent or lease, any portion of the residential
property, such as pool or hot tub rentals, party or yard rentals,
or sport court rentals, to any third party for transient recreational
use separate from a permitted short-term rental use.
(13)
Postings. The property owner shall post a copy of the following
in an open and conspicuous place in the rental unit, readily visible
to all guests:
(a)
Short-term rental permit number.
(b)
For unhosted short-term rentals, name and contact information
of the property owner and designated local contact, where required.
(d)
A safety/egress plan, which also shall be posted on the back
of the door of each rented bedroom.
(e)
A property map (either a survey of the property or a tax map
printed from Dutchess County Parcel Access) depicting property boundaries,
and a notice to guests not to trespass on neighbors' property.
(f)
Information identifying the location of easily accessible solid
waste and recycling facilities, days and times when garbage is picked
up, and any recycling requirements (commingled, single stream, required
receptacle, etc.).
(14)
Registry of guests. The owner of the short-term rental shall
maintain a true and accurate registry of the short-term rental use,
including the dates and total number of days rented, number of bedrooms
rented, and number of short-term rental occupants. Such registry shall
be retained for at least three years and shall be available for inspection
by the Zoning Administrator upon request.
(15)
Hotel occupancy tax. The property owner shall be responsible
for payment of the hotel occupancy tax to Dutchess County either directly
or through Airbnb or other similar websites if applicable, and for
collecting and remitting all applicable occupancy and sales taxes
required by state and/or county law. The Town may transmit permit
and registration information to Dutchess County for enforcement purposes.
(16)
Compliance with applicable laws. The property owner shall comply
with all applicable state, federal, and local laws.
(17)
Conditions and restrictions. It shall be unlawful for a property
owner to violate, fail, neglect or refuse to fully comply with any
condition, restriction or requirement of the short-term rental permit.
G.
Notification requirements. The Zoning Administrator shall provide
a packet of information with each permit summarizing the restrictions,
guidelines, and requirements applicable to the short-term rental use.
The property owner shall provide a copy of the information packet
to the occupant(s) of the short-term rental.
A.
Basis for denial. Any application for a short-term rental permit, including the renewal of a permit, may be denied for the reasons set forth in § 168A-10.
B.
Basis for revocation. Any permit for a short-term rental may be revoked for the reasons set forth in § 168A-11.
C.
Form of denial or revocation. In the event an application is denied
or revoked, notice of the denial or revocation shall be given, in
writing, by first-class mail to the owner at the address shown on
the application. If the notice is returned by the post office as undeliverable
for any reason, as long as it was properly addressed and sufficient
postage affixed, service of the notice shall be presumed valid. The
failure of an owner to provide a current address to the Town shall
not be a basis to claim service of the notice was not proper.
D.
Notice of denial or revocation; contents. The notice of denial or revocation shall set forth the grounds therefor and contain a statement that the owner may appeal such denial or revocation pursuant to § 168A-12 herein. The notice shall also contain a statement that the owner may submit written objections to the denial or revocation, and any other information deemed advisable or necessary.
Once an application has been denied, no reapplication for a
permit or a renewal of the permit shall be accepted for filing until
the owner has remedied the condition(s) that formed the basis for
denial to the satisfaction of the Zoning Administrator.
An application for the issuance of a short-term rental permit,
or renewal thereof, may be denied under the following circumstances:
A.
Failure of the owner to file a full, true and complete application;
B.
Failure of the owner to meet any of the requirements for obtaining
a short-term rental permit;
C.
Occupancy of the property or the short-term rental area(s) creates
a hazard, public nuisance, or other condition which negatively impacts
the use and/or enjoyment of surrounding properties, or threatens the
peace and good order or quality of life in the surrounding community
as determined by the Zoning Administrator; or
D.
The property owner had a previous short-term rental permit revoked
by the Town.
The grounds upon which a permit can be revoked shall include
but shall not be limited to:
A.
Permanent revocation.
(1)
The permit was issued in whole or in part as a result of a false,
untrue, or misleading statement on the permit application or other
document submitted as part of the application, including but not limited
to the schematic or certification;
(2)
The property owner ceases to be an owner or, in the case where
the short-term rental permit requires a primary resident, the primary
resident fails to continue to reside at the property;
(3)
The Town either has revoked, or is in the process of revoking,
the certificate of occupancy or letter in lieu for the property;
(4)
The use of the property as a short-term rental creates a hazard
or public nuisance, threat to public safety or other condition which
negatively impacts the use and/or enjoyment of surrounding properties,
or threatens the peace and good order or quality of life in the surrounding
community, as determined by the Zoning Administrator;
(5)
The failure of the owner to comply with, or violation of, the
conditions and restrictions of the permit; or
(6)
The failure of the owner to comply with, or violation of, any
federal, state, or local law, regulation or rule.
B.
Temporary revocation.
(1)
The receipt by the Town of three or more credible complaints
about separate events, as determined by the Zoning Administrator,
about the short-term rental use within a thirty-day period shall cause
the permit to be revoked for a period of 30 days.
(2)
The receipt by the Town of four or more credible complaints
about separate events, as determined by the Zoning Administrator,
about the short-term rental use within a forty-five-day period shall
cause the permit to be revoked for a period of time to be determined
by the Zoning Administrator, such time to be determined based upon
the type and nature of the complaint(s).
A.
Upon the denial or revocation of a permit, the owner may, within
20 business days from the date of the written notice, file a request
for a hearing before the Town Board. Such request shall be filed with
the Town Clerk. The Town Clerk shall promptly forward a copy of the
appeal to the Town Attorney and the Zoning Administrator for further
processing. Notice of the date, place and time of the hearing shall
be given, in writing, by mail to the owner at the address shown on
the application. If the notice is returned by the post office as undeliverable
for any reason, as long as it was properly addressed and sufficient
postage was affixed, service of the notice shall be presumed valid.
The hearing shall be scheduled no later than 30 days after the date
on which the request was filed.
B.
In the event that demand for a hearing is not made within the prescribed
time or in the event that the owner does not timely appear for the
hearing, the Zoning Administrator's decision shall become final.
C.
The owner shall be given an opportunity to present evidence why such
denial or revocation of the permit should be modified or withdrawn.
The Zoning Administrator or his or her designated agent may also give
testimony or submit evidence in support of the proposal to deny or
revoke the permit. All hearings shall be recorded and may be adjourned
by the Town Board upon good cause shown. Upon consideration of the
evidence presented, the Town Board shall within 15 days of the close
of the hearing sustain, modify or reverse the decision of the Zoning
Administrator, and the Town Board's decision shall be filed with
the Town Clerk.
A.
If a permit is revoked, the property owner shall not be eligible
to reapply for a permit for a period of one year from the date of
the revocation. Following the one-year period, no application for
a new permit will be accepted for filing until the owner has remedied
the conditions that formed the basis of the revocation to the satisfaction
of the Zoning Administrator, if applicable. A prior revocation may
be a factor in the determination as to whether a new permit will be
issued. Once remedied, the owner will need to apply for a new permit.
B.
Notwithstanding the foregoing subsection and the provisions of § 168A-11B, if a primary resident moves to a new residence in the Town and the owner provides timely notice to the Town of the same, the failure to continue to occupy the original residence shall not subject the owner to the one-year waiting period.
A.
Violations of this chapter may be enforced by the Zoning Administrator,
the Building Inspector, any law enforcement agency that has jurisdiction
in the Town of Poughkeepsie, or their duly authorized representatives.
B.
The individuals identified in Subsection A are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, and to prosecute the violation in court, and are authorized to issue orders to remedy and notices of violation, to enforce the provisions of this chapter.
C.
Each occurrence or incident shall constitute a separate offense.
If a violation continues for more than a twenty-four-hour period,
each day shall constitute a separate offense.
