Village of Cornwall-On-Hudson, NY Chapter 131 Short-Term Rentals

[[1]HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 10-18-2021 by L.L. No. 5-2021. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 131, Snow and Ice Removal, adopted 3-22-1967 as Ch. 52 of the 1967 Code, was repealed 3-26-1984 by Section 1 of L.L. No. 2-1984. For current provisions, see Ch. 135, Streets and Sidewalks.

§ 131-1 Purpose.

This chapter restricts the use of short-term rentals of residential dwellings and requires the registration and licensing of short-term rentals as necessary to protect public health, preserve the character of residential neighborhoods, ensure that the value of housing is tied to its use for residential purposes while helping to maintain the affordability of both home ownership and rental units, and to regulate and minimize the impacts of the increased traffic, noise, trash, and similar land use impacts which are sometimes associated with short-term rentals of residential dwellings.

§ 131-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT

For purposes of calculating occupancy limits, shall mean any person aged 18 or older.

NUISANCE

Any actions taken on, within or adjacent to a short-term rental property, including the creation of unreasonable noise, which acts cause public annoyance or injury, or that endanger the comfort, repose, health, peace or safety of the public.

OWNER-OCCUPIED PROPERTY

Property which the record owner maintains as his or her domicile.

SHORT-TERM RENTAL

Offering any residential dwelling, or space therein, to persons in exchange for a fee or compensation, whether monetary or otherwise, for a period of less than 30 days, including, but not limited to, rentals provided by such companies as Airbnb and Vrbo. Month-to-month tenancies are not considered short-term rental properties.

SHORT-TERM RENTAL PERMIT

A permit granted by the Village Building Department for use of property for short-term rentals.

SHORT-TERM RENTAL PROPERTY

Any real property which is offered and/or rented for short-term rental.

§ 131-3 Regulation of short-term rental property.

A. Only legal single-family and legal two-family dwellings may be used as short-term rental property. Short-term rental of three-family dwellings or multiple dwellings is not permitted.

B. Only owner-occupied property, and non-owner-occupied property that has a management company or responsible persons, who are available for emergency purposes and who can respond to the premises within 30 minutes, may be used for short-term rentals.

C. All short-term rental property must be registered with the Village's Building Department, and obtain a permit from the Village Building Department. The entire dwelling utilized for a short-term rental is subject to annual inspections and fees.

D. A short-term rental property shall not be utilized to host weddings or other similar celebrations or events, unless such events are permitted under the Zoning Code[1] and all the necessary approvals for such events are separately obtained. Occupancy for such events shall not exceed the number of persons permitted by the property's rental occupancy allowance and an equal number of nonovernight guests.

[1] Editor's Note: See Ch. 172, Zoning.

E. A short-term rental permit shall be required for short-term rental of more than one bedroom or of an entire dwelling for more than seven days per calendar year. A short-term rental permit shall not be required for short-term rental of more than one bedroom or of an entire dwelling for seven days or less per calendar year.

F. A short-term rental permit is not required for short-term rental of only one bedroom in an owner-occupied dwelling, regardless of the number of days the room is rented.

G. The following terms and conditions shall apply to all short-term rentals:

(1) Advertised and actual occupancy limit for rental guests will be no more than 2.5 adults multiplied by the number of bedrooms within the rentable space in the property (rounding down to the nearest adult), including a legally permitted and approved finished basement, if there be one, so as to be suitable for normal daily habitation and includes proper ingress and egress. Any other nonbedroom that may be furnished with a convertible bed (such as a foldout couch) may contain only one such convertible bed but will not be added to the occupancy calculation; nor will inflatable or bunk beds. In no case may the maximum occupancy under the State Building and Fire Safety Code be exceeded. Any space dedicated to the short-term rental should be permitted and approved habitable space compliant with all applicable codes and regulations.

(2) No illegal conduct shall be carried on at the short-term rental property by the property owner, any short-term rental tenants, guests or invitees. The property owner must keep a list of the names and addresses for all guests staying at any one time.

(3) The short-term rental tenants and their guests or invitees shall not block or otherwise impede ingress or egress over the street on which the short-term rental property is located and/or to or from any driveways of other property on the said street.

(4) Trash, refuse and recycling, and the bins or containers therefor, shall not be left stored within the public view, except that covered bins or containers may be left curbside for the purpose of scheduled collection. No container shall be left on or near the curb or the edge of the street for collection for more than 24 hours.

(5) Any exterior lighting of the property must be in accordance with Chapter 172 of the Village Code.

(6) The short-term rental tenants and their guests or invitees shall not engage in any conduct which violates the Village noise regulations[2] or which would otherwise constitute disorderly conduct or creation of a public nuisance.

[2] Editor's Note: See Ch. 107, Noise.

(7) There shall be no signage or advertising of the short-term rental on the subject property.

(8) Any on-site mobile homes or RVs cannot be occupied by the renter or guest, nor can the property owner/homeowner, who is allowing their home to be rented on a short-term basis, occupy on-site mobile homes or RVs.

§ 131-4 Registration and permitting of short-term rental property.

A. Registration of short-term rental properties.

(1) It shall be a violation of this chapter to offer or engage in short-term rentals unless the short-term rental property owner has been registered with the Village Building Department as provided in this section within 60 days of the effective date of this chapter.

(2) The registration of short-term rental property shall be accomplished by the property owner submitting for approval a completed registration application on a form promulgated by the Village Building Department in accordance with the provisions of this section. Such form shall contain a minimum of the following information:

(a) The name, address, telephone number and email address of the record owner of the short-term rental property;

(b) The street address and Tax Map number of the short-term rental property;

(c) The number of bedrooms in the short-term rental property, whether the basement is properly finished to accommodate guests and any other proposed temporary sleeping space such as a convertible sofa in a living room;

(d) A notarized statement that the short-term rental property is owner-occupied; or if it is non-owner-occupied, a notarized statement that there is a management company or responsible person who can respond to the subject property as needed in an emergency within 30 minutes and provide that contact name, mobile phone number, physical address and email address.

(3) Registration for short-term rentals shall remain in effect as long as there is no change in the record owner of the short-term rental property. Upon a change in ownership, the new owner(s) of the short-term rental property shall be required to once again register it before offering it for short-term rentals.

B. Issuance of short-term rental permits.

(1) Applications for short-term rental property permits may be made simultaneously with applications to register short-term rental property on a form promulgated by the Village Building Department.

(a) The permit application form shall be sworn and, at a minimum, include:

[1] A statement that the entire dwelling unit (or units in the case of a two-family) is being offered for short-term rentals.

[2] The proposed maximum overnight and daytime occupancy limits for the property.

[3] A floor plan indicating the placement and size of each bedroom (and additional proposed sleeping space if utilized), an exit and fire protection system, including smoke and carbon monoxide detectors and a readily accessible fire extinguisher approved by the Building Inspector, along with a safety egress plan to be posted on the back of each bedroom/basement door.

[4] A statement of the number of designated parking spaces provided on the short-term rental property driveway, whether such driveway is constructed with an impervious surface, semi-permeable surface or dirt surface, normally used for ingress and egress to the premises. Upon inspection of the actual availability of on-site and off-site parking spaces, the Code Enforcement Officer may deny the application, or condition the approval of the application by requiring renters of the premises to park at/on alternate identified on-site or off-site parking spaces or parking areas. Once approved by the Code Enforcement Officer, the property owner shall advise all potential occupants of the location of the designated on-site parking locations and off-site parking locations, and/or availability of other legal parking alternatives.

[5] Proof that there are no open zoning or building code violations on the short-term rental property, such as a report letter from the Village Building Department.

[6] A garbage removal plan that must be provided to each renter.

[7] A copy of the property owner's current homeowner's insurance with an endorsement indicating liability coverage for rental of the premises.

(b) Permits shall be updated annually or when the owner proposes any change to occupancy limits and are subject to inspection and fee.

(2) Upon submission of an application of a short-term rental permit, the property owner shall contact the Building Inspector to schedule an inspection of the short-term rental property.

(3) Upon payment by the property owner of such inspection and permit fees as the Village Board shall prescribe in the Village's Schedule of Fees,[1] the Building Inspector shall conduct an inspection of the short-term rental property to determine whether it complies with the Village Code and all applicable state codes and to verify that the advertised and actual occupancy limits and available off-street parking comply with this chapter. The short-term rental property shall be inspected biennially.

[1] Editor's Note: The current Fee Schedule is on file in the Village offices.

(4) Upon completion of an inspection of the short-term rental property and ascertaining that the property meets the Village Code's requirements, the Building Inspector shall issue a short-term rental permit.

(5) The Building Inspector may deny an application for a short-term rental permit if the application is incomplete or the property otherwise fails to meet the criteria for the granting of a short-term rental permit.

(6) In the event that the Building Inspector determines that the short-term rental permit application should be denied, he or she shall inform the property owner of the reasons for the denial and shall provide the property owner with 30 days, which time period may be extended from time to time at the discretion of the Building Inspector, within which to come into compliance with the regulations of this chapter and to seek a reinspection for the purpose of obtaining approval of their short-term rental permit. If the owner does not or cannot comply with the Building Inspector's directions for coming into compliance such that the permit must be denied, or if the owner believes that they are otherwise entitled to the issuance of the permit, the property owner may appeal the denial to the Village Board of Trustees within 60 days of issuance of notice of the denial to the property owner.

(7) Short-term rental permits shall be valid for a period of two years. If, during the permit period, the owner makes any modification to the property that has the effect of increasing or decreasing the amount of living space within the premises, the owner shall stop using the premises for short-term rental purposes and must apply for a new short-term rental permit as prescribed by this chapter.

(8) Short-term rental permits may not be transferred or assigned to any person or used by anyone other than the property owner to whom it was issued.

(9) In the event that there is any change in the information provided by a property owner in his or her application for a short-term rental permit, he or she shall advise the Village Building Department, in writing, of such change no later than 48 hours after such occurrence. Failure to timely advise the Village Building Department of a change in the information provided by the property owner in his or her application shall constitute a violation of this chapter.

(10) If the Building Inspector determines that a property owner has falsified or otherwise failed to provide accurate information on his or her registration or permit, he or she shall refer the matter to the Village Board .as a violation of this chapter for further proceedings under this chapter.

§ 131-5 Suspension or revocation of short-term rental rights.

A. It is the responsibility of the property owner to comply with all terms and provisions of this chapter and to ensure that his or her short-term rental tenants, guests and invitees comply with this chapter and the terms and conditions of a short-term rental permit shall be attributed to the failure of the property owner to discharge his or her responsibility to ensure such compliance.

B. Upon receipt of a complaint or upon his own initiative, the Building Inspector may investigate any property for failure to comply with the terms of this chapter.

C. If, upon investigation, the Building Inspector determines that a violation of this chapter and/or of the terms and conditions of a short-term rental permit has occurred on a short-term rental property, he shall issue a written notice of the violation to the property owner and shall provide a copy of the same to the Village Board.

D. Upon receipt of such notice, the Village Board shall either: 1) inform the Building Inspector that the Village Board will not exercise jurisdiction over the matter and that the Building Inspector may proceed to issue a notice of violation, information, summons or such other process as may be permitted under the circumstances, returnable in a court of appropriate jurisdiction, for the prosecution of such violation(s), or 2) set a date at which the property owner shall be heard before the Village Board of Trustees in regard to the Building Inspector's findings of a violation. Notice of such hearing date shall be mailed to the property owner by certified mail, return receipt requested, at the address(es) provided in the application for the short-term rental application.

E. If, after affording such an opportunity to be heard, the Village Board confirms the existence of the violation of this chapter, the Village Board shall act as follows:

(1) For a first violation, the Village Board may, in its discretion, merely issue a warning to the property owner or may immediately suspend the right to conduct short-term rentals at the subject property for a period for up to six months from the date of the Village Board's determination, depending on the circumstances, severity and nature of the violation, taking into consideration whether the violation was committed knowingly or intentionally and/or presented a risk to public safety.

(2) For an additional violation within one year of a prior violation, the Village Board shall suspend the right to conduct short-term rentals on the subject property for a period of 12 months.

(3) For more than two violations within a twenty-four-month period of the first violation, the Village Board shall suspend the right to conduct short-term rentals at the subject property for a period of two years.

(4) Provided, however, that if the Village Board finds that any violation of this chapter also involved violation of any provision of the Penal Code of the State of New York, or resulted in an injury or damage to another property, then the Village Board may, in its discretion, immediately and permanently revoke the right to conduct short-term rentals at the subject property.

§ 131-6 Fees for registration and issuance of permits.

The Village Board shall set such application and permit fees as it may find appropriate for short-term rentals by resolution, and such fees shall be listed in the Village's Schedule of Fees.[1]

[1] Editor's Note: The current Fee Schedule is on file in the Village offices.

§ 131-7 Penalties for offenses.

A. It shall be a violation of this chapter to offer or use property for short-term rental unless it has been registered with the Village Building Department and, where required by this chapter, a short-term rental permit has been obtained from the Village Building Department.

B. Any person, whether property owner, tenant, licensee or other person in possession of the premises, who violates any provision of this chapter shall be guilty of an offense. Each day that the violation continues shall be deemed a separate violation.

C. The penalties for violation of this chapter shall be in addition to any penalties imposed for violation of other provisions of the Village Code, the New York State Uniform Fire Prevention and Building Code, and the State Energy Conservation Construction Code.

D. The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent unlawful short-term rental of property in violation of this chapter, including, without limitation, civil actions for injunctive relief to immediately terminate any existing short-term rental occupancy of buildings, land or premises.

E. Any person who violates any of the terms of this chapter shall be subject to a civil penalty of $250 per day for each day that the violation or violations continue(s). Further, in the event that the Village successfully pursues civil proceedings to abate a violation of this chapter, the person or persons against whom the Village recovers a judgment shall be liable for the reasonable attorney's fees incurred by the Village in the litigation.

F. The Building Inspector and Cornwall-on-Hudson Police Department shall have the power and jurisdiction to enforce this chapter.