Town of Geneva, NY Chapter 123 Short-Term Rentals

[HISTORY:[1] Adopted by the Town Board of the Town of Geneva 12-13-2022 by L.L. No. 7-2022. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 123, Site Plan Review, adopted 4-9-1996 by L.L. No. 1-1996 (Ch. 31 of the 1972 Code), as amended, was repealed 5-8-2018 by L.L. No. 4-2018.

§ 123-1 Title.

This chapter shall be known and may be cited as the "Town of Geneva Short-Term Rental Law."

§ 123-2 Purpose.

The purpose of this chapter is to regulate the business involving the short-term rental of residential properties to ensure such rentals do not create public safety hazards nor become disruptive to the quality of life for other residents in the neighborhood where the property is located. It is the policy of the Town of Geneva to encourage stable residential neighborhoods for the health and well-being of all Town residents, businesses and guests. The Town permits short-term rentals under conditions that foster neighborhood cohesion and that attempt to keep property values affordable for owner-occupancy.

§ 123-3 Authority.

This chapter is adopted pursuant to:

A. Section 10 of the New York State Municipal Home Rule Law, which empowers the Town of Geneva Town Board to adopt local laws relating to the government, protection, order, conduct, safety, health and well-being of persons or property within the Town, and outside any village, to include the power to adopt local laws providing for the regulation or licensing of occupations or businesses, which such power includes the power to adopt a local law regulating the use of buildings for short-term rentals; and

B. Section 130 of New York State Town Law and, specifically, the police powers set forth therein in paragraph 3-a (to adopt housing code regulations), paragraph 11 (to adopt regulations preserving the peace, good order and safety), paragraph 15 (to adopt regulations promoting the public health, safety, morals and general welfare, including the protection and preservation of the property of the Town and of its inhabitants) and paragraph 19 (to adopt regulations prohibiting trespass and preserving peace and good order).

§ 123-4 Definitions.

For purposes of this chapter, the following words and phrases shall have the definitions and meanings set forth below:

DWELLING UNIT

A building or portion thereof providing complete kitchen and bathroom facilities for one family.

SHORT-TERM RENTAL

A dwelling unit that is rented, in whole or in part, to any person or entity for a period of 29 consecutive nights or less and meets all of the regulations, requirements and standards contained in this chapter, as amended. "Rental" means an agreement granting use or possession of a residence, in whole or part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration. Use of a short-term rental by a record owner of a property shall not be considered to be a rental under this section.

§ 123-5 Presumption of dwelling unit as short-term rental property.

A. The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:

(1) All or a part of the property is offered for lease on a short-term rental website, including but not limited to Airbnb, HomeAway and VRBO, for a rental period of 29 consecutive nights or less; and/or

(2) All or a part of the property is offered for lease for a period of 29 days or less through any form of advertising.

B. The foregoing presumptions may be rebutted by evidence presented to the Code Enforcement Officer that the premises is not operated as a short-term rental.

§ 123-6 Permit required.

An owner shall obtain a revocable short-term rental permit whenever a dwelling unit is to be used for short-term rental purposes.

A. A short-term rental permit shall be obtained prior to using the dwelling unit as a short-term rental.

B. A short-term rental permit shall be valid for three calendar years, shall expire on December 31 of the third year it is in effect, and must be renewed upon expiration as long as the unit is used as a short-term rental. In addition to payment of the permit fee with the application, the owner or owners of the subject property shall pay to the Town in January of both the second and third year that the short-term rental permit is in effect the annual permit fee required by the Town Board. Failure to pay the annual permit fee by the end of business on January 31 of the second year and third year that the short-term rental permit is in effect shall cause the short-term rental permit to immediately terminate.

C. The short-term rental permit is not transferable when:

(1) The owner(s) of the subject property on which the short-term rental is located change in any way from the owner(s) listed in the short-term rental permit application;

(2) A corporation is an owner of the subject property on which the short-term rental is located and the shareholder(s) of such corporation change in any way from the shareholder(s) of such corporation listed in the short-term rental permit application;

(3) A limited-liability company is an owner of the subject property on which the short-term rental is located and the member(s) of such limited-liability company change in any way from the member(s) of such limited-liability company listed in the short-term rental permit application; or

(4) A partnership is an owner of the subject property on which the short-term rental is located and the partners of such partnership change in any way from the partner(s) of such partnership listed in the short-term rental permit application.

D. A short-term rental permit shall automatically terminate when:

(1) The owner(s) of the subject property on which the short-term rental is located change in any way from the owner(s) listed in the short-term rental permit application;

(2) A corporation is an owner of the subject property on which the short-term rental is located and the shareholder(s) of such corporation change in any way from the shareholder(s) of such corporation listed in the short-term rental permit application;

(3) A limited-liability company is an owner of the subject property on which the short-term rental is located and the member(s) of such limited-liability company change in any way from the member(s) of such limited-liability company listed in the short-term rental permit application; or

(4) A partnership is an owner of the subject property on which the short-term rental is located and the partners of such partnership change in any way from the partner(s) of such partnership listed in the short-term rental permit application.

E. If a short-term rental permit automatically terminates as a result of Subsection D of this section, the owners or the new owners of the subject property on which the short-term rental is located, shall apply for a short-term rental permit, submitting everything required pursuant to § 123-6 of this chapter, including a new permit fee for the current calendar year, even if a permit fee had already been paid for the current calendar year, and have such short-term rental permit issued to them prior to allowing any occupancy of a short-term rental.

F. If the terms of the short-term rental permit are not kept or these regulations not followed, the short-term rental permit may be revoked and the owner(s) subject to the penalties of Chapter 1, § 1-16, of the Code of the Town of Geneva, and the penalties set forth below.

§ 123-7 Short-term rental permit application requirements.

An application for (or renewal of) a short-term rental permit shall:

A. Be submitted to the Town Code Enforcement Officer;

B. Be signed by all persons and entities that have an ownership interest in the subject property on which the short-term rental is located;

C. Be accompanied by payment of a permit fee, to be determined by resolution of the Town Board;

D. Be accompanied by a copy of the current vesting deed showing how title to the subject property is then held and, if applicable, a copy of the current deed, easement or other document that has been recorded in the Ontario County Clerk's Office relative to a second parcel that has conferred permanent rights to the same owners as the subject parcel to use such second parcel to meet the parking requirements for the subject parcel to be used as a short-term rental pursuant to this chapter.

[Amended 8-8-2023 by L.L. No. 2-2023]

E. State if there are any owners of the subject property on which the short-term rental is located that are an entity, including, but not limited to, a corporation, limited-liability company, partnership, trust or estate, accompanied by copies of the documents:

(1) Creating such entity;

(2) Identifying the owners and/or principals of such entity; and

(3) Identifying and empowering the officers, member(s), manager(s), partners, trustee(s), executor(s) or administrator(s) thereof, as the case may be.

F. Be completed on the form provided by the Town, and shall provide the following information:

(1) A list of all of the property owners of the short-term rental, including names, addresses, telephone numbers and e-mail addresses.

(2) If any property owner of the short-term rental is a corporation, limited liability company, partnership or any other business entity, a list of all the shareholders, members, partners or other owners, as the case may be, of such corporation, limited liability company, partnership or other business entity, including names, addresses, telephone numbers and e-mail addresses.

(3) If any property owner of the short-term rental is other than a human person, including, but not limited to, a corporation, limited liability company, partnership, trust or estate, a list of all the directors, officers, managers, trustees, executors, administrators or other persons responsible for the management and control of such corporation, limited liability company, partnership, trust or estate, as the case may be, including names, addresses, telephone numbers and e-mail addresses.

(4) Application certifications:

(a) Completion of a signed statement by the property owners stating the following:

[1] The short-term rental is in compliance with the following standards:

[a] There shall be one functioning smoke detector in and outside each sleeping room and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and at each exit, and at least one carbon monoxide detector per floor level.

[b] Exterior doors shall be operational, and all passageways to exterior doors shall be clear and unobstructed.

[c] Electrical systems shall be serviceable with no visual defects or unsafe conditions.

[d] All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed.

[e] Each sleeping room shall have an exterior exit that opens directly to the outside, or an emergency escape or rescue window.

[2] The number of sleeping rooms within the short-term rental, as defined in this chapter.

[3] The number and location of parking spaces that meet the standards set forth in this chapter.

[Amended 8-8-2023 by L.L. No. 2-2023]

(b) Application certifications shall be valid during the term of the short-term rental permit, or until modifications requiring a building permit are made, or until the Town Code Enforcement Officer has reason to believe a new inspection is warranted, at which point, the Code Enforcement Officer shall conduct an inspection to determine whether the requirements of this chapter and Chapter 175, Zoning of the Town of Geneva are being complied with. If relevant circumstances on the property change or for any reason the application or the certification that is a part of the application is or becomes inaccurate, a new certification shall be submitted.

(5) A site plan, drawn to scale, showing the location of buildings, required parking and, if not served by a public sewer, the location of the septic system and leach field. An accurate, suitable plan need not be prepared by a professional.

(6) If the property is served by a private septic system, a septic inspection report issued pursuant to Chapter 159 of the Code of the Town of Geneva, dated within 90 days of the date of the application, stating the size of the tank(s) and leach or absorption field or area, and the location and condition of all septic system components. The report must state the septic system was adequately functioning at the time of inspection. The septic system must be in compliance with Chapter 159, and the maximum occupancy of the short-term rental unit shall be limited by the number of bedrooms allowed for the size of the septic tank and leach or absorption area, as set forth in the regulations of the New York State Department of Health (referred to in Chapter 159), Appendix 75-A of Part 75 of Title 10 of the New York Codes, Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems. A system failure will require a new passing inspection report.

(7) The name, address, telephone number and email address of a contact person, who shall be responsible, and authorized, to act on the owner's behalf to promptly remedy any violation of these standards or the permit. The contact person may be the owner or an agent designated by the owner to serve as a contact person.

(8) A statement that the applicant has met and will continue to comply with the standards of these regulations and the permit.

(9) Written consent for the Town Code Enforcement Officer to enter the subject property and the short-term rental for purposes of conducting all inspections called for in this section as part of the review of a short-term rental application, as part of ensuring compliance with the regulations, requirements and standards of this section and as part of the investigation of a complaint alleging a violation of this section or of a permit issued pursuant to this section.

§ 123-8 Short-term rental standards.

All short-term rentals shall meet the following standards:

A. The maximum occupancy for each short-term rental unit shall be the smaller of:

(1) The maximum number of people allowed based on the septic inspection report, if applicable; or

(2) The number of people calculated on the basis of two persons per sleeping room (unless the room size is below 100 square feet). For this purpose, a sleeping room is defined as fully enclosed habitable space of at least 70 square feet for one person and 100 square feet for two persons, with an emergency escape or rescue opening.

B. There must be sufficient off-street parking spaces, in compliance with the requirements of Article VI Off-Street Parking and Loading of Chapter 165, Zoning, to accommodate the maximum occupancy of the dwelling unit as a short-term rental.

[Amended 8-8-2023 by L.L. No. 2-2023]

C. Tenants and guests shall park in the off-street parking spaces required by Article VI, Off-Street Parking and Loading, of Chapter 165, Zoning, of the Code of the Town of Geneva and shall not park on any part of the lawn of the property nor on the street.

D. A house number visible from the street or road shall be maintained.

E. Provisions shall be made for weekly garbage removal during rental periods. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the street or road except around pickup time.

F. Advertisements for the short-term rental must conform to what is allowed under these regulations and the short-term rental permit.

G. The short-term rental shall be owner-occupied or owner-supervised. For purposes of this requirement.

(1) "Owner-occupied" shall mean that at least one owner in title to the lot or parcel that the short-term rental is a part of either:

(a) Occupies for at least seven months of each calendar year as his or her residence all or part of the dwelling unit that contains the short-term rental; or

(b) Occupies for at least seven months of each calendar year as his or her residence a dwelling unit on the lot or parcel that the short-term rental is a part of, other than the short-term rental; and

(2) "Owner-supervised" shall mean that at least one owner in title to the lot or parcel that the short-term rental is a part of occupies for at least seven months of each calendar year as his or her residence a dwelling unit on a lot or parcel that is contiguous to or immediately across the street from the parcel containing the short-term rental. This standard requiring the short-term rental be owner-occupied or owner-supervised shall not apply to any short-term rental permit, or renewal thereof, in existence on the date the local law enacting this standard takes effect and shall only apply to short-term rental permits issued after such effective date.

§ 123-9 Procedure upon filing application.

A. Upon the filing with the Town Code Enforcement Officer of the permit application, containing the owner's written consent allowing the Town Code Enforcement Officer to enter the short-term rental and the lot or parcel of which the short-term rental is a part for purposes of conducting the inspections called for in this section, permit fee, and all documents and information required by this chapter, the Town Code Enforcement Officer shall:

(1) Conduct an inspection of the short-term rental and the lot or parcel of which the short-term rental is a part, and, if applicable, any other lot used to meet parking requirements as permitted by Article VI, Off-Street Parking and Loading, of Chapter 165, Zoning, to verify compliance with Chapter 165, Zoning, and this chapter, to verify compliance with New York State laws, codes and regulations, to verify the number of sleeping rooms within the short-term rental, as defined in this chapter, to verify the number of parking spaces that meet the standards set forth in this chapter and to verify that the short-term rental complies with the following standards:

[Amended 8-8-2023 by L.L. No. 2-2023]

(a) There shall be one functioning smoke detector in and outside each sleeping room and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and at each exit, and at least one carbon monoxide detector per floor level.

(b) Exterior doors shall be operational, and all passageways to exterior doors shall be clear and unobstructed.

(c) Electrical systems shall be serviceable with no visual defects or unsafe conditions.

(d) All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed.

(e) Each sleeping room shall have an exterior exit that opens directly to the outside, or an emergency escape or rescue window.

(2) Have 30 days to complete the inspection required in Subsection A(1) of this section, to review the application, and then to either issue the permit, with or without conditions, or notify the applicant in writing that the application has been denied, along with the reason or reasons for denial. If a permit is issued, the permit shall bear the signature of the Town Code Enforcement Officer.

B. In reviewing the application, if the Town Code Enforcement Officer has probable cause to believe information contained in the application is inaccurate or incomplete, he or she may request additional information to clarify or verify the situation. A failure to cooperate and provide accurate and complete information is grounds for denial of the permit.

C. In issuing a short-term rental permit, the Town Code Enforcement Officer may impose such reasonable conditions and restrictions as are directly related to and incidental to the use of the property for short-term rentals so long as such conditions and restrictions are consistent with the requirements of Chapter 175, Zoning and Chapter 159, Wastewater Treatment Facilities, Individual and are imposed for the purpose of minimizing any adverse impact the issuance of the short-term rental permit may have on the neighborhood or community.

D. The Town Code Enforcement Officer may decline an application for any of the following reasons:

(1) If the application is incomplete, the documentation required by this chapter was not included with the application or the full permit fee, in payment form acceptable to the Town Clerk, was not included with the application.

(2) If the Town of Geneva issued a short-term rental permit to any of the owners needing to sign the short-term rental permit application and any of such owners had a short-term rental permit revoked within the previous year.

(3) If the affidavit from the owners or, if conducted, an inspection conducted by the Town Code Enforcement Officer as authorized in this section, does not evidence that the subject property is in compliance with this chapter, Chapter 175, Zoning or with Chapter 159, Wastewater Treatment Facilities, Individual.

(4) If the site plan required to be submitted with the application does not comport with the requirements of this chapter.

(5) If a private septic inspection report is required to be submitted with the application and if such report does not comport with the requirements of this chapter or with Chapter 159, Wastewater Treatment Facilities, Individual.

E. Short-term rental permits issued pursuant to this chapter shall state the following:

(1) The names, addresses and phone numbers of every person or entity that has an ownership interest in the short-term rental property and of a primary contact person who shall be available during the entire time the short-term rental property is being rented;

(2) The maximum occupancy and vehicle limits for the short-term rental unit;

(3) Identification of the number of and location of parking spaces available;

(4) A statement that littering is illegal;

(5) A statement that all fires must be attended and in an approved location and containment;

(6) A statement that guests must comply with the Noise Ordinance of the Town of Geneva, as set forth in Chapter 106 of the Town Code, as amended, which sets strict limits on noise levels between 10:00 p.m. and 7:00 a.m., which ordinance will be enforced by the Ontario County Sheriff's Department, the New York State Police, or any law enforcement agency properly exercising jurisdiction over the premises or incident;

(7) A statement that the short-term rental permit may be revoked for violations;

(8) Any conditions imposed by the Town Code Enforcement Officer; and

(9) That the permit shall expire on December 31 of the third year for which it is effective.

§ 123-10 Conformity and display of permit.

A. The issuance of a short-term rental permit is subject to continued compliance with the requirements of these regulations.

B. Prior to any tenants coming onto the short-term rental property:

(1) The current short-term rental permit shall be prominently displayed inside and near the front entrance of the short-term rental; and

(2) A copy of the current short-term rental permit shall be provided to every adjacent property owner and to every property owner within 150 feet of the short-term rental property and, if applicable, of any second parcel to be used to meet the parking requirements of this chapter (whether on the same side of the road, across the street or behind the subject property and, if applicable, the second parcel). A statement of compliance with this provision, stating the owners served, and their addresses, and the method of service (e.g., mail, personal delivery), shall be provided to the Town Code Enforcement Officer.

[Amended 8-8-2023 by L.L. No. 2-2023]

C. The owners must ensure that current and accurate information is provided to the Town Code Enforcement Officer and that they notify the Town Code Enforcement Officer immediately upon any information contained on the permit or in the application changing. If, based on such changes, the Code Enforcement Officers issues an amended or a new short-term rental permit, the owners must immediately replace the permit displayed inside and near the front entrance of the short-term rental with the amended or new permit and must immediately provide a copy of the amended or new permit to every adjacent property owner and to every property owner within 150 feet of the short-term rental property and, if applicable, of any second parcel to be used to meet the parking requirements of this chapter (whether on the same side of the road, across the street or behind the subject property and, if applicable, the second parcel).

[Amended 8-8-2023 by L.L. No. 2-2023]

§ 123-11 Compliance, hearings and penalties.

Owners of short-term rental units shall obey all applicable laws, ordinances and regulations of the Town of Geneva, Ontario County, New York State and the United States of America, and shall be subject to the enforcement and penalty proceedings contained in this chapter and in the Code of the Town of Geneva. The following process shall be followed in the event of a complaint alleging a violation of these regulations or a permit issued under these regulations:

A. The complaining party shall first attempt to contact the contact person designated on the permit, describe the problem and indicate the desired remedy.

B. The contact person shall, within two hours of receiving the complaint, respond to the complaint and remedy as soon as reasonably possible any situation that is out of compliance with these regulations or with the permit for the property.

C. If the response is not satisfactory to the complaining party (including the inability to promptly reach the contact person), the complaining party may file a complaint with the Town Code Enforcement Officer by submitting a written complaint including the date, time and nature of the alleged violation as well as a statement that the complainant either unsuccessfully attempted to contact the contact person or did contact the contact person but the complaint was not adequately resolved. A failure to attempt to contact the contact person will not excuse a violation.

D. If the Town Code Enforcement Officer finds a violation of the permit or of this chapter, the Code Enforcement Officer may do any of the following depending on the circumstances:

(1) Attach reasonable conditions to the existing short-term rental permit;

(2) Suspend the short-term rental permit; and/or

(3) Revoke the short-term rental permit.

E. In addition to any other action this chapter permits the Town Code Enforcement Officer to take upon finding a violation of the permit or of this chapter, if the Town Code Enforcement Officer finds three or more violations of the permit or of this chapter within 30 days of each other, the Code Enforcement Officer shall revoke the short-term rental permit.

F. Should a permit be revoked:

(1) None of the owners of the short-term rental property may obtain any short-term rental permit sooner than one year after the date of revocation; and

(2) If any of the owners of the short-term rental property are a corporation, limited-liability company or partnership, none of the shareholders of such corporation, members of such limited-liability company or partners of such partnership, as the case may be, may obtain any short-term rental permit, either as an owner or as the shareholder, member or partner of an owner that is a corporation, limited-liability company or partnership, as the case may be, sooner than one year after the date of revocation.

(3) Any future application for a short-term rental permit for the same property shall be in compliance with all regulations of this section in effect at the time such application is submitted.

G. The Town may initiate enforcement proceedings under this chapter at any time following receipt of a complaint.

H. Decisions of the Code Enforcement Officer will be provided to the parties and may be appealed, within 30 days of receipt of the decision, by the owner or by the complainant to a tribunal, appointed by the Town Board, consisting of one Town Board member, one Town resident who holds a short-term rental permit, and one Town resident who does not hold a short-term rental permit. The appealing owner or complainant shall make a written request for a hearing to the Town Clerk, and the tribunal shall hear the appeal within 15 days of the request, during which time the decision of the Code Enforcement Officer shall be stayed. At the hearing, the tribunal shall accept evidence offered by the property owner, the complaining party, the Code Enforcement Officer and any other witness with relevant evidence. The tribunal shall make its decision within 10 days of the hearing, and may uphold the Code Enforcement Officer's decision, reject it, or modify it.

I. Any property owner found in willful violation of the provisions of this section shall be required to reimburse the Town for its reasonable costs of enforcement, including reimbursement for staff time and reasonable attorney's fees.