[Added 12-11-2020 by L.L.
No. 7-2020; amended 3-8-2022 by L.L. No. 1-2022]
This Article X shall be titled "Prohibition on Short-Term Rentals of Residential Dwellings."
It is the purpose of this legislation to advance the public
health, safety, and welfare of the Town of Clarkstown, its residents,
and visitors. The purpose of this article is to prevent unregulated
tourist or transient-oriented uses within all permitted and preexisting
nonconforming single-family, two-family, and multifamily dwellings
and in residential districts and traditional residential neighborhoods
to protect and ensure the safety of the Town's current and future
residents and visitors to the Town as well as protect and preserve
the Town's appropriately balanced commercial and residential nature
and unique, tranquil neighborhood character as enacted by the Town's
zoning, subdivision, property maintenance and related local laws.
As used in this article, the following terms shall have the
meanings indicated:
That part of a multiple dwelling consisting of one or more
rooms containing at least one bathroom and arranged to be occupied
by the members of a family, which room or rooms are separated and
set apart from all other rooms within a multiple dwelling.
Any parent, grandparent, child, grandchild, sibling, spouse,
domestic, and any other immediate relative by blood, marriage, or
adoption (i.e., cousin, niece, nephew, aunt, uncle, in-law, and stepchild).
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.
Cash, check, money order, credit card, bitcoin, barter, or
other valuable consideration.
A dwelling which is either rented, leased, let or hired out,
to be occupied or is occupied as the permanent residence or home of
three or more families living independently of each other and is occupied
for permanent residence purposes. "Multiple dwelling" shall include
"apartment" dwellings.
A person, other than the premises owner of record filed in
the Rockland County Clerk's office or an immediate family member of
the premises owner, occupying living accommodations with the premises
owner's express or implied consent.
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 or similar use of any living accommodations,
or to knowingly allow, commission, authorize, or permit such communication
or advertisement.
Any individual, partnership, corporation, joint limited liability
company, limited liability company, trust or other entity, stock association,
and includes any trustee, receiver, assignee, or personal representative
thereof, including but not limited to any booking or reservation service,
lawful lessees, and premises owners.
Immovable property owned or leased by the premises owner
or lawful lessee, as applicable.
A person having lawful ownership title or interest to the
premises or an immediate family member of said person.
A dwelling unit 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, written or oral, granting use or possession
of a residence, in whole or in 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.
A rental period of 29 nights or less.
A.
It shall be unlawful for any person in any residentially zoned district
within the Town to rent or license, or offer to rent or license, any
living accommodations or swimming pools for monetary compensation
or other valuable consideration for a period of less than 29 consecutive
nights if the living accommodations are not lawfully licensed or permitted
for such use under the Town Zoning Code.
B.
No occupant, visitor, or other person may use, reside, dwell, or
otherwise remain in any living accommodations or swimming pool for
a period of less than 29 consecutive nights in exchange for monetary
compensation or other valuable consideration.
C.
Any provision of a lease or rental agreement purporting to waive
any provision of this section is unlawful.
D.
Nothing in this section shall be construed as invalidating or impairing
the operation of, or the right of a landlord to restrict occupancy
in order to comply with federal, state or local laws, regulations,
ordinances, or codes.
E.
A person or entity (including a principal of any entity) who rents
property from a premises owner or lawful lessee who is in violation
of this section shall be deemed to be an accessory to the offense
provided herein.
F.
Any person who shall violate any provision of this section may first receive a warning of said violation from the Building Inspector, unless the living accommodation or swimming pool is or has been occupied illegally at the time the Building Inspector is made aware thereof, at the discretion of the Building Inspector. Each violation issued thereafter shall be subject to the penalties set forth in § 157-76, titled "Penalties for offenses."
G.
In addition to the criminal penalties contained herein, it shall
be the right of the Town to seek injunctive relief in any civil court
having jurisdiction over this matter to prevent any violation or violations
of this section.
Occupancy pursuant to a post-closing possession agreement by
the seller of any living accommodations or swimming pools shall not
be a violation of short-term rentals provided that title has passed
to the purchaser and the deed for the living accommodations or swimming
pool has been filed in the Rockland County Clerk's Office on the same
day or within five days of closing.
A.
The prohibition on short-term rentals shall apply to all single-family,
two-family, and multiple-family residential dwellings within the Town,
as well as swimming pools.
B.
The prohibition on short-term rentals shall not apply to a commercial
hotel/motel business or bed-and-breakfast establishment operating
exclusively as such and which is lawfully licensed or permitted for
such use pursuant to the Town Zoning Code and regulated by applicable
state, county and local law or ordinance.
C.
The prohibition on short-term rentals shall not preclude the creation
of a mortgage, lien, easement or other similar interest that encumbers
a residential property as a whole to secure a loan or for any other
legitimate purpose.
A.
Any person or entity that shall violate any of the provisions of
this article or who fails to comply with any of the requirements thereof
shall be guilty of a violation, punishable by:
(1)
A fine of not less than $3,500 and not exceeding $5,000 upon conviction
of a first offense.
(2)
A fine of not less than $7,000 nor more than $10,000 for a conviction
of the second of two offenses, both of which were committed within
a period of five years.
(3)
A fine of not less than $10,000 nor more than $15,000 for a conviction
of the third of three offenses, all of which were committed within
a period of five years.
B.
Each week a violation continues shall be deemed a separate offense
subjecting the offender to additional fines in the amount equaling
the original fine.
C.
Civil remedies. In the event an owner fails or refuses to correct
a violation under this article, the Town may commence a civil action,
request injunctive relief against the violation, and seek money damages
to compensate the Town for the costs it has and will incur because
of the violation, including reasonable attorney's fees expended by
the Town.
D.
Other remedies. The remedies provided for in this section are in
addition to, and not in lieu of, all other legal remedies, criminal
or civil, which may be pursued by the Town to address any violation
of the Town Code or other public nuisance.
A.
The Building Inspector and/or Code Enforcement Officer and/or Fire
Inspector and/or his or her assistants shall be responsible for investigating
and documenting violations of any case of this article within the
Town of Clarkstown.
B.
Prosecutions for violations of this article may be instituted in
the Town Justice Court of the Town of Clarkstown or any other court
of competent jurisdiction.
Any valid short-term rental permit issued pursuant to the earlier short-term rentals local law by the Building Inspector or his designee shall be valid for a period of two years from the date of issuance of said permit. Thereafter, this permit shall not be renewed and it shall be a violation for the owner or lawful lease holder to rent the living accommodations or swimming pool on a short-term rental basis as described in § 157-73.
If any section, paragraph, clause, provision or portion of this
article shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the balance of this article as a
whole or any part or provision other than the part held to be invalid
or unenforceable.
This article is adopted pursuant to the New York State Constitution
and Section 10 of the Municipal Home Rule Law.
