UPPER DELAWARE VALLEY — Knowing how to live in a house safely might seem like a no-brainer. But consider the case of the Kerhonkson, NY, bungalow that burned to the ground last October after a short-term renter used gasoline to start a fire in the woodstove.

As it turns out, it helps to know how to operate a house. Providing short-term renters with that information is just one of the many requirements that some towns in the area, like Forestburgh, are adopting to protect the health and safety of guests. This need was highlighted by the drowning deaths of three family members in White Lake  in Sullivan County, NY, while vacationing at a short-term rental in 2021, and which recently resulted in a lawsuit against the rental property's owners.

Protecting longtime residents and the special character of our rural towns are another goal as towns find their way amid the proliferation of short-term rentals and the special problems and opportunities they pose. New York state is looking for solutions too: A bill that would allow towns to collect tax on short-term rentals passed both chambers of the legislature but is being opposed by property owners.

Not every town has adopted regulations. The Town of Tusten, NY, is reluctant to impose regulations on a business that helps other businesses prosper by bringing in visitors.

But other towns, like Lackawaxen Township, PA, the Town of Forestburgh, NY, and the Town of Highland, NY, have detailed regulations that cover everything from annual inspections to off-street parking and trash disposal. They require a wealth of contact information and immediate responses from owners or managers if any problems crop up at the short-term rentals they operate in their towns.

Town of Forestburgh, NY

Back in the spring, the Town of Forestburgh started a permitting process so that it could monitor short-term rentals, which it found necessary to “provide for and protect the general health, safety and welfare of the residents,” according to its website.

Short-term rentals in Forestburgh must now comply with a number of regulations. The owner is required to pay $500 for an annual inspection. If the residence passes, the code enforcement officer will issue a permit, which costs $25. A fire inspection is required as well. Sullivan County also imposes a 5 percent hotel tax on short-term rental stays.

Owners must guarantee enough on-site parking for all their guests, since street parking for short-term rentals is a no-go. Properties must display a 911 address sign at the entrance of each driveway. Advertising signs are prohibited.

Property owners must keep records of all their rental dates and guests’ names, and be prepared to provide this information to the town’s code enforcement officer upon request.

Guests must not disrupt the neighborhood’s residential character with excessive noise, odors, garbage, or other disturbances. Owners must inform their guests about the property’s boundaries and warn them against trespassing. They must post key information for their guests in a visible spot, including their contact information, the property’s address, the location of the fire safety equipment, and trash disposal instructions.

And neighbors within 250 feet of each property line must be provided with a 24-hour contact number that can be called to address any problems or complaints promptly.

Owners must be ready to provide a contract with a waste management company for regular trash pickup and ensure that trash is stored in animal-proof containers at all times.

Lackawaxen Township, PA

Lackawaxen Township adopted its short-term rental ordinance back in April 2021, ahead of many other towns. Denise Steuhl, the township’s office manager and secretary, said the motivation behind the ordinance, which also covers the unincorporated communities of Greeley and Bohemia, may have been COVID-driven.

The ordinance’s goal is to maintain the rural and recreational character of Lackawaxen that attracts residents, homeowners, and visitors alike. Short-term rentals are permitted throughout the township as long as owners adhere to the detailed regulations outlined in the ordinance.

To operate a short-term rental in Lackawaxen, owners must obtain a license valid for one year, which requires an initial fee of $300 and a $50 annual application fee thereafter. In addition, Pennsylvania imposes a 6 percent tax on short-term rental stays.

Lackawaxen’s ordinance sets out specific standards, including requirements for bedroom size, occupancy limits, safety features, noise regulations, and parking restrictions. It also mandates that rentals comply with the approved number of bedrooms on the property’s sewage permit, and that any property with more than five bedrooms demonstrate its septic system can handle the load.

Property owners or managers are responsible for ensuring that their guests adhere to the regulations and do not create excessive noise, disrupt the neighborhood, or violate local ordinances or laws. Moreover, overnight stays in recreational vehicles, campers, trailers, or tents on the rental property are not permitted.

Owners or managers must also provide the contact information for a  resident living within 30 miles who has access to the property and the authority to manage it and correct any ordinance violations. This contact person must respond to the township enforcement officer within one hour of being notified of a violation, regardless of the time of day.

Town of Tusten, NY

For many towns, a wait-and-see attitude is more often than not the modus operandi, including in the Town of Tusten and its hamlets of Narrowsburg, Lava and Beaverbrook.

According to the town supervisor, Ben Johnson, Tusten currently has no regulations for short-term rentals. The five-member town board plus the supervisor typically pass resolutions for local laws. 

Commercial sewer and water rates in Narrowsburg affect all users, including short-term rentals. The sewer and water clerk does the research to find short-term rentals within the district.

Johnson said some people rent out their homes so that they can afford to meet their property expenses. Local business people want the increase in visitors generated by these types of rentals and believe regulations would hurt their businesses.

From the town’s perspective, Johnson said, the labor necessary to ensure people comply with any short-term rental law, through inspections, follow-up, and other actions, would require the town to have another layer of government. He also wondered whether the town might be liable for a lawsuit, whether brought by owners or renters.

It’s been just about two years since Tusten has updated its zoning laws, which Johnson said was a long process. But, he said, “things are subject to change every day.” For one thing, there are currently “more complaints about parking.”

Town of Highland, NY

The Town of Highland passed its short-term rental ordinance in 2021 to promote tourism while ensuring the safety and privacy of both renters and nearby residents. These regulations apply to all zoning districts where single-family dwellings are allowed and cover both owner-occupied and non-owner-occupied rentals.

To operate a short-term rental in Highland, you need an annual operating permit from the building department and site plan approval for non-owner-occupied rentals.

The application process involves providing documentation, safety plans, parking layouts, and garbage removal plans. The property owner and the host are both responsible for addressing renters’ problems and complying with the regulations.

If there’s a change of ownership, a new operating permit application must be submitted within 30 days. Safety inspections and annual recertification are also required for all registered short-term rentals to ensure compliance with occupancy restrictions and other regulations.

The building department must be notified within seven days after the host’s contact information changes.

Other towns

• Town of Cochecton, NY — Cochecton is considering regulations for short-term rentals to address their growing popularity while also minimizing their negative impact on neighboring homeowners. Consultant Tom Shepstone has prepared a set of regulations for the town’s consideration, including the requirement that every short-term rental owner designate a local contact person to quickly address problems, along with occupancy limits and safety feature requirements. However, the town supervisor, Gary Maas, has said these regulations will require careful consideration due to the town’s existing code enforcement capacity.
• Town of Lumberland, NY — Lumberland, which includes the hamlets of Glen Spey and Pond Eddy, is gathering information about short-term rentals but has not passed any regulations.

Related stories

See these related stories at riverreporter.com:

“Short-term rentals: right for Bethel?”

"Highland debates short-term rentals for long-term plans"

"Short-term rentals balloon in Highland"

"Short-term rental roundup"