The Board of Trustees of the Village of New Paltz hereby finds
and declares there is a critical and compelling need to regulate short-term
rental use of residential dwellings located in the Village of New
Paltz within residentially zoned districts. This article is enacted
to protect the health and safety of Village residents and visitors
in order to:
A. Prevent unregulated tourist or transient-oriented uses within all
permitted and preexisting nonconforming single-family, two-family
and multifamily dwellings in residential districts and primarily residential
neighborhoods; and
B. Protect housing affordability within the community for long-term
residents, whether owners or renters; and
C. Protect and preserve the Village's balanced commercial and residential
neighborhoods as created through the Village's zoning, subdivision,
property maintenance, and related local laws; and
D. Protect and ensure the safety of current and future residents as
well as those traveling to or visiting in the Village; and
E. Prevent to the greatest extent practicable public safety risks, including,
but not limited to, increased noise, trash, traffic, and parking impacts
associated with the short-term rental of residential dwellings in
residentially zoned districts.
Unless otherwise expressly stated, the following terms shall
have, for the purpose of this article, the following meanings:
APARTMENT
That part of a multiple dwelling consisting of one or more
rooms containing at least one bathroom and arranged to be occupied
by an individual or individuals, which room or rooms are separated
and set apart from all other rooms within a multiple dwelling.
LIVING ACCOMMODATION
A dwelling or premises or portion thereof with a bed or beds
and bathroom facilities for the use of the person or persons occupying
the dwelling, premises, or portions thereof.
MONETARY COMPENSATION
Payment by cash, check, money order, credit card, Bitcoin,
barter, promise to pay at a future date, or other valuable consideration.
MULTIPLE DWELLING
A dwelling which is either rented, leased, let or hired out,
to be occupied or that is occupied as the permanent residence or home.
"Multiple dwelling" shall include apartment dwellings.
OCCUPANT
The premises owner of record filed in the Ulster County Clerk's
office or other permanent resident(s) of the premises occupying living
accommodations.
OFFER TO RENT
To personally or through an agent, referral service, representative
or other entity or person communicate or advertise, verbally, in writing,
or through electronic means or otherwise, including the internet,
the availability for rental, license, or similar use of any living
accommodations, or to knowingly allow, commission, authorize, or permit
such communication or advertisement.
PERMANENT PLACE OF ABODE
A dwelling place of a permanent nature maintained by the
taxpayer, whether or not owned by such taxpayer.
PREMISES
Immovable property owned or leased by the premises owner
or lawful lessee, as applicable.
PREMISES OWNER
A person having lawful ownership title or interest in the
premises.
SHORT-TERM RENTAL
A dwelling unit, including but limited to a house, apartment,
living accommodation, or multiple dwelling, that is rented, in whole
or in part, to any person or entity for a period of less than 29 consecutive
nights. "Rental" means an agreement or license, written or oral, granting
use or possession of a residence, in whole or part, to a person in
exchange for monetary compensation. "Short-term rental" shall also
mean the selling of shares, time-share ownership or the establishing
of other ownership, tenancy or use arrangement in which a person obtains
a right of occupancy in all or any portion of a residential dwelling
unit.
The provisions of this article are declared severable, and if
any section or subsection of this article is held to be invalid, such
invalidity shall not affect the other provisions of this article that
can be given effect without the invalidated provision.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.