[HISTORY: Adopted by the Town Board of the Town of Warwick 9-10-2018 by L.L. No. 5-2018; amended in its entirety 4-27-2023 by L.L. No. 2-2023. Subsequent amendments
noted where applicable.]
The Town Board of the Town of Warwick does hereby establish
regulations for the enactment, enforcement and administration of a
rental permit requirement for all short-term rental units within the
corporate boundaries of the Town of Warwick and for the periodic registration
of all landlords and short-term rental property owners for the purpose
of regulating short-term rental property conditions and for maintaining
an inventory of available short-term rental housing.
As used in this article, the following terms shall have the
meanings indicated:
Any natural person owning real property in fee simple who
does not reside on the rental property and/or who resides outside
the designated boundaries of Orange County as those boundaries may
be defined at the time of regular, periodic property registration.
All absentee landlords must be natural persons and not corporations,
limited liability companies or other similar entities.
The Building Inspector of the Town of Warwick or such person as appointed by the Town Board to enforce of Chapter 67, Unsafe Buildings, and this article.
Any single residential living space which is capable of housing
one separate household, whether a detached single-family structure
or building or part of a multihousehold structure or building.
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any natural person owning real property in fee simple or
resident agent who offers a housing unit for occupancy to persons
other than members of his immediate family in exchange for a fee or
compensation, whether monetary or otherwise. All landlords must be
natural persons and not corporations, limited liability companies
or other similar entities.
A natural person designated by a landlord or absentee landlord
who resides within the designated boundaries of Orange County as defined
at the time of periodic property registration. All resident agents
must be natural persons and not corporations, limited liability companies
or other similar entities. A resident agent must be able to respond
to the short-term rental within one hour of notification by the Town.
A permit issued by the Town of Warwick stating that the referenced structure or unit conforms to the standards of Chapter 82, Fire Prevention and Building Code Administration, and that occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that permit.
Any housing or dwelling unit(s) which are occupied by persons
other than the owner or his immediate family for which a fee or compensation,
monetary or otherwise, is received by the owner or landlord in exchange
for such occupancy for a period of less than 30 days, which shall
include but not be limited to rentals provided by such companies as
Airbnb and VBRO. Month-to-month tenancies are not considered short-term
rental properties.
Any deficiency in a structure or housing unit that does not meet the standards of Chapter 82, Fire Prevention and Building Code Administration, as amended.
A.
All landlords and resident agents must register and obtain a short-term
rental permit from the Town of Warwick within 30 days of the effective
date of this article and/or before any housing or dwelling unit is
utilized as a short-term rental property. Initial registration will
begin within 30 days after this article becomes effective. It is the
responsibility of the landlord or resident agent to register any short-term
rental property as required in this article, and failure to do so
shall constitute a violation of these regulations and is subject to
the penalties set forth herein. All absentee landlords must have a
resident agent for all short-term rental properties. Any substandard
condition identified during an annual inspection must be corrected
by the landlord before a short-term rental permit shall be issued.
B.
Presumption of a dwelling unit as a short-term rental.
(1)
The presence of the following shall create a presumption that all
or part of the property is being used as a short-term rental:
(a)
All or part of the property is offered for lease on a short-term
rental website, including but not limited to Airbnb, Home Away and
VRBO, for a period of less than 31 days; and/or
(b)
All or part of the property is offered for lease for a period
of 31 days or less through any form of advertising.
(2)
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.
C.
The registration for a short-term rental permit shall be on a form
approved by the Building Inspector in accordance with the provisions
of this section, and contain a minimum the following information:
(1)
Address of the rental unit;
(2)
The number of rental units in each building;
(3)
The number of conventional bedrooms in the dwelling;
(4)
The applicable overnight and daytime occupancy limit of the unit;
(5)
The types and placement of any fire protection systems located in
each building;
(6)
The number and location of all exits;
(7)
An accurate suitable floor plan for each level of the dwelling unit
that can be occupied measuring 8.5 inches by 11 inches, drawn to scale
and certified by the applicant. The floor plan does not have to be
prepared by a professional but must include the following:
(a)
The location of building.
(b)
The location of required parking.
(c)
Basement. Location of house utilities and all rooms including
bedrooms, bathrooms, windows, exits and heating/cooling units.
(d)
First floor. All rooms including bedrooms, bathrooms, windows,
exits and heating/cooling units.
(e)
Second floor. All rooms including bedrooms, bathrooms, windows,
exits and heating/cooling units.
(f)
Attic (if any). All rooms including bedrooms, bathroom, windows,
exits and heating/cooling units.
(8)
A listing of each manner or mechanism through which the rental unit
is and/or will be listed for rental; and
(9)
The fully completed form must be notarized;
(10)
Written proof that any septic system has been maintained and meets the requirements of Town Code § 100-9B; no property equipped with a cesspool may be used for short-term rental;
(11)
Written proof of liability insurance for the property with policy
limits in an amount of no less than $1,000,000;
(12)
Name, social security number, telephone number, e-mail address,
mailing address and physical address of the landlord and registered
agent (a post office box is acceptable);
(13)
If the owner is an association, partnership, limited liability
partnership, corporation, joint tenancy, tenancy in common, tenancy
by the entirety, or other entity, the name of each and every owner,
officer, partner or general interest partner, and the name of their
interest shall also be disclosed;
(14)
If the owner is a business entity, the tax identification number,
and the name, telephone number, e-mail address, mailing address and
physical address of the owner's agent;
(16)
The fully completed form must be notarized.
(17)
Sample rental contract must be provided which includes the following:
(a)
Maximum property occupancy;
(b)
Maximum on-site parking provided; and
(c)
Good Neighbor Statement stating:
(1)
The short-term rental is in a residential area of the Town of
Warwick and renters should be considerate of residents in neighboring
homes.
(2)
Guests must observe quiet hours from 10:00 p.m. to 7:00 a.m.
(3)
All renters will be subject to New York Penal Code section 240.20
or any successor statue regarding disorderly conduct.
(4)
Littering is illegal.
D.
All registered agents shall accept service of process on behalf of
the landlord of all notices given pursuant to this article. If a resident
agent moves from Orange County, the landlord must immediately designate
a new resident agent in writing to the Town for the duration of the
period of any short-term rental permit, and the failure to do so shall
render the permit null and void.
E.
Leaseholders and tenants may not engage in short-term rentals.
F.
All short-term rental permits shall expire one year after the date
of issuance, unless sooner revoked.
G.
No more than two short-term rental permits will be issued to a landlord
or absentee landlord.
H.
Short-term rental permits are subject to continued compliance with
the requirements of these regulations.
(1)
If the Code Enforcement Officer has probable cause to believe that
the homeowner is not in compliance with the provisions of this article,
the Code Enforcement Officer may request permission from an owner
of the short-term rental permit to enter the premises and to conduct
an inspection of the short-term rental property for purposes of ensuring
compliance with this section. If the property owner refuses to permit
the Code Enforcement Officer to inspect the property, the permit will
be revoked. If an inspection authorized herein is conducted, the Code
Enforcement Officer shall use the results of such inspection in determining
whether to revoke the permit.
(2)
The short-term rental permit, maximum occupancy limit, maximum parking,
contact form and standards shall be prominently displayed inside and
near the front entrance of the short-term rental; and
(3)
The short-term rental permit holder shall ensure that current and
accurate information is provided to the Code Enforcement Officer and
that they notify the Code Enforcement Officer immediately of any change
in the information displayed on the permit. If, based on such changes,
the Code Enforcement Officer issues an amended short-term rental permit;
the owners must immediately post the amended permit inside and near
the front entrance of the short-term rental.
(4)
The short-term rental permit holder must conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
B.
All inspections finding substandard conditions will be subject to the procedures set forth for violation of Chapter 67, Unsafe Buildings, as amended.
C.
Inspections shall be conducted and work descriptions shall be compiled
and issued by the Building Inspector.
D.
The Building Inspector will be responsible for arranging for the
inspection of rental units and for initiating any other appropriate
action under these regulations. The Building Inspector will give special
consideration to any request that inspections be conducted during
nonbusiness hours for the convenience of the tenant(s). In the absence
of such a request, the inspections will be conducted during normal
business hours as defined by the town business hours in force at the
time.
E.
The annual inspection fee is $50 for each short-term rental property.
If the short-term rental property fails, there shall be a fee of $25
for each subsequent reinspection.
The Building Inspector may deny an application for a short-term
rental permit or renewal permit based upon, among others, any of the
following grounds:
A.
The application does not fully comply with the provisions of this
article.
B.
The applicant has falsified or failed to provide information in the
application for a permit, registration of property, or registration
of landlord or absentee landlord.
C.
The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of landlord or absentee landlord, upon which such
short-term rental permit had been issued.
D.
The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E.
The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of application
or during the calendar year in which the application was made.
F.
The property for which a short-term rental permit is sought was used
or occupied in violation of this article during the calendar year
immediately preceding the date of application or during the calendar
year in which the application was made.
G.
The property for which a short-term rental permit is sought is not
equipped with a single-station smoke-detecting alarm device and carbon
monoxide detector device, or devices, in accordance with New York
State standards.
H.
The property for which a short-term rental permit is sought does
not possess adequate exits in accordance with New York State standards.
A.
The Building Inspector may serve a notice of revocation of a short-term
rental permit based upon, among others, any of the following grounds:
(1)
The landlord, absentee landlord or resident agent applicant has falsified
or failed to provide information in the application for a permit,
application for renewal of a permit, registration of property, or
registration of landlord or absentee landlord.
(2)
The applicant violated any provision of this article during the term
of the short-term rental permit.
(3)
The applicant or any tenant violated any provision of the Code of
the Town of Warwick.
(4)
The applicant or any tenant violated any provision of the Penal Code
of the State of New York, which violation occurred on, or pursuant
to the occupancy of, the short-term rental unit.
(5)
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety and welfare of the neighborhood
or which otherwise creates a public nuisance.
(6)
The property for which renewal of a short-term rental permit is sought
is not equipped with a single-station smoke-detecting alarm device
and carbon monoxide detector device, or devices, in accordance with
New York State standards.
(7)
The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
(8)
Advertising or listing a short-term rental without a valid permit
or registration, or without including the permit or registration number
on the advertising or listing, or advertising the short-term rental
for a greater occupancy than permitted.
(9)
Operation of a short-term rental without a valid permit or for a
greater occupancy than permitted.
B.
Revocation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be extended in the discretion of the enforcement officer issuing such revocation notice or unless a shorter period of time has been prescribed for in this chapter. Revocation notices shall be served by hand delivery at the property or by posting on the front door of the residence if no one is available for delivery. The landlord and resident agent may file a written notice of appeal by hand delivery of mail received by the Town Clerk's office prior to the expiration of the said ten-day period. If such notice is duly filed, the revocation of the short-term rental permit shall be stayed pending a decision on the appeal by the Town Board pursuant to § 129-12 herein.
A.
It is the responsibility of the landlord or absentee landlord to
ensure proper and legal occupation of the premises and compliance
with this article.
B.
The premises for which a short-term rental permit has been granted
can only be used for residential purposes.
C.
Occupancy of a short-term rental is limited to the maximum people
permitted as per the approved septic design for the number of bedrooms
in the Town Building Department records. A typical septic system,
that meets NYS Department of Health Design Standards, permits a maximum
occupancy of two persons in the short-term rental per recorded bedroom
count in the Building Department records.
D.
A tenant in possession pursuant to short-term rental is prohibited
from subleasing or otherwise licensing the use or occupancy of any
portion thereof.
E.
Advertising for the subleasing of, or selling or assigning of shares
to, the premises by a tenant, or occupant, for the use or occupancy
of all or a portion of the premises is prohibited.
F.
All tenants shall ensure that at no time shall ingress or egress
from any driveway be impeded.
G.
The tenants of short-term rental premises and their guests shall
not park any motor vehicle in a manner so as to block or prevent access
to driveways or easements or rights-of-way.
H.
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance is prohibited.
I.
Trash, refuse and recycling shall not be left stored within the public
view, except in proper containers for the purpose of collection by
the collectors, set out no earlier than 5:00 p.m. on the evening prior
to scheduled trash and recycling collection days, and shall otherwise
comply with § 63-3E of the Code. Trash and recycling schedules
must be posted by the landowner in the short-term rental.
J.
No guests other than those contracting for and residing in the short-term
rental property are permitted on the premises overnight.
K.
No events, such as but not limited to weddings, parties or concerts,
are permitted in a short-term rental property.
L.
Short-term rental owners shall post a copy of the following in an
open and conspicuous place in the rental unit that shall be visible
to all guests:
(1)
Short-term rental permit number.
(3)
A safety/egress plan shall be posted in a visible location inside
the short-term rental and on the back of each bedroom door offered
for rent.
(4)
A property map (either a survey map or a tax map printed from Orangecountygov.com/real
property) depicting the boundaries and notice to guests not to trespass
on neighbors' property.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
article.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.
A.
If the Building Inspector denies an application for short-term rental,
denies an application for renewal of a permit for short-term rental,
or revokes a permit for short-term rental, it shall be done in writing,
reciting the grounds for denial or revocation.
B.
An applicant or permittee, as applicable, may appeal from such denial
or revocation by filing a written request for a hearing before the
Town Board. Such request shall be filed with the Town Clerk.
C.
Upon receipt of such request, the Town Clerk shall schedule same
for the next regularly scheduled Town Board meeting, affording the
appellant at least five days' written notice of the place, date
and time of the hearing, and publish notice of same.
D.
At the hearing, the appellant shall be afforded reasonable opportunity
to be heard. The public shall be afforded reasonable opportunity to
be heard. The appellant shall bear the burden of proof by a preponderance
of the credible evidence to show that the determination of the Building
Inspector was arbitrary or capricious or in excess of his authority.
The decision of the Town Board of Trustees shall be final and conclusive.
A.
An application fee for a short-term rental permit, in an amount established
by resolution of the Town Board, listed in the Schedule of Fees, shall
be paid by the property owner at the time of application.
B.
A renewal fee for the renewal of a short-term rental permit, in an
amount established by resolution of the Town Board, shall be paid
by the landlord or absentee landlord at the time of application for
renewal.
A.
Violations of this article will constitute a municipal violation and will be subject to applicable penalties under this article in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter 82, Fire Prevention and Building Code Administration, or Chapter 67, Unsafe Buildings.
B.
Penalties for violations of these regulations will be imposed as
follows:
