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Plan On It, September/October 2019 Issue
• Primary Residence – A housing unit in which an owner or lessee resides for a minimum of
9 months of the year. [NOTE: The minimum timeframe can be customized by the
community. Some codes may already define this term. Alternatively, the municipality may
be able to rely on the determination of primary residency as it applies to New York State’s
Basic STAR Exemption/Credit program; if a homeowner has applied for and been granted
the Basic STAR Exemption/Credit, that could be deemed sufficient proof of residency for
the purposes of a local STR ordinance.]
• Hosted Primary Residence STR – A Short-Term Rental unit where the owner or lessee
hosts one or more guests in a bedroom or some portion of the unit and is generally
present for the duration of the rental period, in particular during overnight hours.
• Unhosted Primary Residence STR – A Short-Term Rental unit where the owner or lessee
leaves the unit for a period of time – for example, over a weekend, when traveling for
work, or while on vacation – and rents out all or part of the unit in his or her absence.
• Vacation Rental – An entire residential unit that is not a Primary Residence and is rented
to guests on a short-term basis, typically fewer than 30 nights. [NOTE: Consider defining
this if your community isn’t limiting STRs to a primary residence only.]
Limit STRs to Primary Residences — Many of the concerns raised regarding short-term
rentals are typically associated with those operating as a business investment, rather than by a
permanent resident of the community. Limiting this use to a primary residence ensures that
the STR homeowner benefits are attainable, while the negative effects on neighborhoods and
housing availability are attenuated.
Require an Annual Operating Permit — Requiring short-term rental hosts to obtain an
operating permit, renewable every year or two, gives the municipality an opportunity to ensure
talk openly and honestly about what is best
for your community. Based on this, decide
what your community’s underlying goals and
objectives are related to short-term rentals,
and use those to inform the creation of local
regulations.
Provide Clear Definitions — Carefully
crafted definitions are the cornerstone of a
good zoning code, and clearly defining short
-term rentals is an important component of
a municipality’s approach to regulating
STRs. Be sure to differentiate between the
characteristics of an STR versus other types
of lodging options that may be defined in
your code. And while we encourage
municipalities to consider language carefully
and within their local context, the following
examples of STR terminology, adapted from
the Sustainable Economies Law Center
report entitled Regulating Short-Term
Rentals: A Guidebook for Equitable Policy,
may be helpful:
• Short-Term Rental (STR) – The rental of
a Primary Residence or portion thereof
for a period of fewer than 30 nights, for
which the guest compensates an owner
or lessee of the unit.
Dutchess County Extends
Offer to Local Municipalities
As mentioned earlier, Dutchess County
contracts with Host Compliance for
help in identifying short-term rentals
to aid in the collection of the required
occupancy tax. Host Compliance can
also work directly with local
municipalities to provide a variety of
services related to STR identification,
compliance monitoring, and more.
Beginning in 2020, Dutchess County will
offer to cover the cost of the Address
Identification and Compliance Monitoring
modules for local municipalities who
have adopted short-term rental
regulations and are looking to reduce
some of the burden of enforcement.
The County is reaching out directly to
all mayors and supervisors with more
details on this offer.