Like all communities, the Town of East Fishkill has noticed
an increase in short-term rentals being advertised on websites such
as Airbnb and VRBO. While the Supervisor and Town Board can understand
the draw of short-term rentals in East Fishkill for both vacationers
and owners of rental properties, it is imperative that safeguards
are put in place to ensure that the general welfare of the community
is protected.
The following provisions shall be added to the Town Code related
to short-term rentals:
A. Applicability. These restrictions shall apply to all rentals of dwelling
units for a term of 30 days or less. These rental units shall be referred
to as "short-term rental properties."
B. Restrictions. The following restrictions shall apply to all short-term
rental properties:
(1) The owner of a short-term rental property shall register the property
with the Building Department. The information provided shall include
the name, address, and contact information for the owner, as well
as the name, address, and contact information for the local agent,
if different from the owner. As part of the registration process,
each applicant shall submit proof of compliance with state building
and fire codes from an inspector and shall complete an annual fire
inspection.
(2) Short-term rental properties shall not be located in anything other
than a single-occupancy building.
(3) Short-term rental properties are allowed in all residential districts
except in the R-1/2, the R-1/3, and the R-1/4 Zoning Districts. They
shall also be prohibited on properties with nonconforming lots.
(4) All short-term rental properties must provide proof to the Building
Department that the sanitary sewer or septic system has the capacity
for the number of bedrooms in the structure.
(5) Short-term rental properties are prohibited from sharing a driveway
with another property.
(6) Garbage and other refuse can only be left out for collection the
night before pickup, and all refuse containers shall be removed from
the curb once emptied.
(7) Short-term rentals may not advertise for occupancy greater than two
people per bedroom.
(8) The owner of the property or the owner's agent must respond
and be present at the property upon 60 minutes notice when the property
is rented.
C. Fees. All properties used as a short-term rental shall pay a yearly
fee of $500.
D. Penalties. Any person or other legal entity found to be in violation
of the short-term rental restrictions shall be fined $350 for the
first offense, $700 for the second offense, and $1,000 for all subsequent
offenses. Upon the third offense, the Town of East Fishkill may revoke
the permit for the owner to operate a short-term rental property.
If any clause, sentence, paragraph, subsection, or part of this
chapter or the application thereof to any person, firm or corporation,
or circumstance shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, subsection, or
part of this chapter, or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.