[HISTORY: Adopted by the City Council of the City of Saratoga Springs 12-17-2024 by L.L. No. 5-2024. Amendments noted where applicable.]
A. 
The purpose of this chapter is to establish appropriate regulations for short-term rental uses in the City of Saratoga Springs ("City"). While the City recognizes that some property owners wish to rent to others on a short-term basis all or part of dwelling units they own, the City has a duty to encourage stable residential neighborhoods for the health and well-being of all City residents, businesses, and guests. The City intends to license short-term rentals under conditions that foster neighborhood cohesion and that attempt to keep property values affordable for owner-occupancy and residents of the City.
B. 
By enacting this chapter, the City intends to:
(1) 
Protect the health, safety and welfare of the community and of persons occupying short-term rentals;
(2) 
Prevent to the greatest extent practicable public safety risks and other impacts, including, but not limited to, increased noise, trash, traffic, and parking impacts associated with short-term rental uses;
(3) 
Maintain a safe environment for community members per city and state code;
(4) 
Protect neighborhood character and minimize the impact of short-term rental uses on neighbors and residential properties;
(5) 
Protect property values of the community;
(6) 
Protect housing affordability within the community for long-term residents, whether owners or tenants;
(7) 
Assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership;
(8) 
Enable property owners to provide lodging for visitors to the City during periods of peak visitor and tourist demand, such as university and college graduation weekends and holiday weekends; and
(9) 
Promote the efficient use of housing stock.
[Amended 1-21-2025 by L.L. No. 2-2025]
A. 
All provisions shall apply to all short-term rentals, unless specified otherwise. For the purposes of this chapter, the following terms shall have the following meanings:
BOOKING SERVICE
Means a person or entity who, directly or indirectly:
(1) 
Provides one or more online, computer or application-based platforms that individually or collectively can be used to:
(a) 
List or advertise offers for short-term rentals; and
(b) 
Either accept such offers, or reserve or pay for such rentals; and
(c) 
Charges, collects or receives a fee for the use of such a platform or for provision of any service in connection with a short-term rental. A booking service shall not be construed to include a platform that solely lists or advertises offers for short-term rentals.
CITY CLERK/ASSISTANT CITY CLERK
Means those City officials in the Department of Accounts authorized to issue and revoke licenses under this chapter.
CODE ENFORCEMENT OFFICER
Means any duly appointed official of the City of Saratoga Springs whose authority is defined in § 118-3 of the Code of the City of Saratoga Springs. Code Enforcement Officers are authorized to ensure that each short-term rental licensed under this chapter is in compliance with all applicable laws, rules, ordinances and regulations, and to pursue enforcement proceedings for violations of this chapter, including but not limited to the issuance of appearance tickets under Article 150 of the Criminal Procedure Law.
GUEST or INVITEE
Means any person who occupies or uses the whole or part of any short-term rental with the consent of the owner or tenant thereof, but without any lease or right of possession.
NON-PRIMARY RESIDENCE
Means any property that is occupied by an individual who does not occupy the property on a full-time permanent basis.
OWNER
Means any individual or individuals, partnership or corporation or other organization in possession of and having a fee interest in the real property. The term "Owner" shall include a corporation, limited-liability company, partnership, association, trustee, or other business entity or nonbusiness forms of ownership.
PRIMARY RESIDENCE
Means any property that is occupied by an individual who occupies the property on a full-time permanent basis.
PROPERTY CONTACT
Means any person or legal entity who is authorized to act on the owner's behalf and is available to promptly remedy any violation of this chapter. The property contact may be the owner, a property management company hired by the owner, or an agent designated in writing by the owner. The property contact must be physically present at a location not more than 50 miles from the short-term rental premises and must be available 24 hours per day, seven days a week for the entire duration of the rental.
SHORT-TERM RENTAL
Means an entire dwelling unit, or a room, group of rooms, other living or sleeping spaces, or any other space within a residential dwelling, made available for rent to one or more tenants for less than 30 consecutive days, and is offered for tourist or transient use, including any residential building or apartment, single-family dwelling, two-family dwelling, condominium, townhouse, guest house, cottage, cabin, accessory dwelling unit or accessory dwelling. The term shall not include house sitting arrangements where a house sitter occupies a principal residence while the owner is away, the house sitter provides security, maintenance and/or child or pet care, and the house sitter pays no money or other financial consideration to the owner in exchange for the occupancy.
SHORT-TERM RENTAL HOST
Means a person or entity in valid legal possession of a short-term rental unit who rents such unit to one or more tenants.
SHORT-TERM RENTAL PORTAL
Means the City website that accepts license applications pursuant to this chapter. The website can be found at: https://strportal.saratoga-springs.org/.
TENANT
Means any person holding a written lease to occupy, use and possess the whole or part of any short-term rental, either alone or with others.
A. 
Maximum periods in which a licensed entity or individual may rent their property(ies) is as follows:
(1) 
A primary residence may be leased a total of 150 days within a calendar year. These days do not have to be consecutive.
(2) 
A non-primary residence may be leased for a total of 150 days within a calendar year. These days do not have to be consecutive.
A. 
No person, individual, partnership, corporation, limited-liability company, association, trustee, or other organization or legal entity, business entity or nonbusiness form of ownership shall rent or lease, or offer to rent or lease, through a booking service or otherwise, any short-term rental in the City of Saratoga Springs unless a license therefor has first been obtained pursuant to this chapter.
B. 
An owner who is renting or leasing a short-term rental as herein defined as of the effective date of this chapter shall not be deemed to be in violation thereof if said owner has obtained a license as provided herein by June 1, 2025.
C. 
The City may elect to establish limitations on the total number of licenses and/or the number of licenses for primary residences and non-primary residences.
D. 
A license issued under this chapter is not transferable. Should the short-term rental property be sold, gifted, acquired, or bequeathed to a different owner, such new owner must obtain a new license pursuant to this Code.
A. 
An application for a short-term rental license shall be made either in writing or electronically through the City website on forms provided by the Commissioner of Accounts. All of the following must be completed and provided along with the application:
(1) 
Owner list:
(a) 
A list of all the names of short-term rental owners including addresses, telephone numbers and email addresses.
(2) 
Proof of ownership:
(a) 
An applicant must provide proof that they own the short-term rental property via copy of the property deed, copy of a tax bill, or copy of a note and mortgage document.
(b) 
The proof of ownership must contain the address for the short-term rental and the name(s) of the owner(s).
(c) 
A tenant, or other person that does not own a unit that is used as a short-term rental unit but is in lawful possession of a short-term residential unit, shall not qualify for a license if they are not the permanent occupant of the dwelling unit and have not been granted permission in writing by the owner for its short-term rental. Proof of written consent by the owner shall be provided to and verified by the City.
(3) 
Affidavit certification:
(a) 
A completed, signed, and notarized affidavit ("affidavit certification") by the property owner(s) certifying the compliance with the following standards:
[1] 
The correct number of carbon monoxide and smoke detectors are installed in compliance with the NYS adopted Uniform Fire Prevention and Building Code in effect at the time of the issuance of the property's most recent certificate of occupancy and the current adopted Saratoga Springs City Code.
[2] 
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
[3] 
There is a conspicuously posted evacuation diagram identifying all means of egress from the unit and the building in which it is located.
[4] 
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
[5] 
All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented and properly installed, and flues cleaned within 12 months of application for license and annually thereafter.
[6] 
The entirety of the property, including each bedroom shall comply with the NYS adopted Uniform Fire Prevention and Building Code in effect at the time of issuance of the property's most recent certificate of occupancy and the current adopted Saratoga Springs City Code.
[7] 
The maximum occupancy of the short-term rental unit shall be limited by the number of occupants allowed for the size of the septic tank and leach or absorption area.
[8] 
There is a conspicuously posted notice of number of parking spaces, and notification of no parking in location of septic tank and leach or absorption area.
[9] 
There is emergency information conspicuously posted which includes the 911 address and any necessary information that may include each unit, suite, and/or apartment number, if applicable.
[10] 
There is a fire and poison control hotline number conspicuously posted, along with any other emergency phone numbers.
[11] 
The City's noise ordinance is conspicuously posted to prevent unreasonable noise.
[12] 
There is a working fire extinguisher on the premises with a UL rating of 2A:10B:C.
[13] 
Should there be pool(s) or deck(s), they are to be compliant with the current NYS adopted Uniform Fire Prevention and Building Code and the current adopted City Code.
(b) 
The affidavit certification shall also contain:
[1] 
A statement that the number of occupants within the short-term rental property meets the standards set forth herein.
[2] 
A statement that the number of parking spaces on the property meets the standards set forth herein.
[3] 
A statement that the applicant, to the best of the applicant's knowledge, has met and will continue to comply with all applicable laws, ordinances, rules and regulations of the City of Saratoga Springs, the State of New York, and the United States, including but not limited to those laws, rules, ordinances and regulations specifically referenced in this chapter.
[4] 
A statement that everything required within this chapter is completed.
(c) 
Affidavit certifications shall be valid during the term of the short-term rental license. If relevant circumstances on the property change or for any reason the affidavit certification is or becomes inaccurate, it shall be the responsibility of the licensee to promptly submit a revised affidavit certification.
(d) 
The form of the affidavit certification shall be established by the Accounts Department.
(4) 
Proof of insurance:
(a) 
The short-term rental must show property and premises liability insurance that allows for and acknowledges its use of the premises as a rental. Any short-term rental must be insured by an insurer licensed to write insurance in the State of New York or procured by a duly licensed excess line broker, pursuant to New York Insurance Law § 2118, for at least the value of the dwelling, plus a minimum of $300,000 for third party claims of property damage or bodily injury that arise out of the operation of a short-term rental.
[1] 
Notwithstanding any other provision of law, no insurer shall be required to provide such coverage.
(5) 
Fire inspection report:
(a) 
Proof that a Fire Inspection was conducted by the Saratoga Springs Fire Department and passed within 12 months of filing the application.
[1] 
If the property has not been a short-term rental prior to its application, the Fire Inspection conducted by the Saratoga Springs Fire Department must have been completed and passed within 60 days of filing the application.
(b) 
A fire inspection report is required annually. If re-applying for a license, an applicant will need to submit proof that a fire inspection was conducted within every year of their initial application.
(6) 
Property contact:
(a) 
The name, address, telephone number and email address of the property contact, as defined above.
(7) 
Application fee:
(a) 
The fee to apply for a license shall be established from time to time by resolution of the City Council.
(b) 
Costs for fire inspections shall be established from time to time by resolution of the City Council.
(8) 
Acknowledgments:
(a) 
Acknowledgment that the owner and property contact have read all regulations pertaining to the operation of the short-term rental.
(b) 
Acknowledgment that the owner and property contact will post and maintain the short-term rental with the notice required herein.
(c) 
Acknowledgment that the owner designates the property contact as an agent for service of all notices and other legal process described in this chapter.
(d) 
Acknowledgment that the owner consents to make available to the Code Enforcement Officers all records showing the listing history, through a booking service or otherwise, by which the short-term rental premises has been offered for rent or lease.
B. 
Filing an application:
(1) 
The application shall be submitted to the Accounts Department, Assistant City Clerk via the short-term rental portal or submitted in person to the following address:
(a) 
Accounts Department, 474 Broadway, Suite 14, Saratoga Springs, NY 12866
C. 
Procedure upon filing application:
(1) 
Once the application is successfully submitted, the Accounts Department shall review the application and either issue the license, with or without conditions, or notify the applicant in writing that the application has been denied along with the reasons for denial.
(2) 
In reviewing the application, the City shall have the right to do a Fire and Code inspection, or deploy a Code Enforcement Officer to inspect the short-term rental property for purposes of ensuring compliance with this chapter after obtaining express consent of the owner or the property contact designated by the owner, for such limited inspection purposes.
D. 
Denial of an application:
(1) 
The Accounts Department may deny an application for any of the following reasons:
(a) 
If the application is incomplete, meaning all information required by this chapter was not included with the application or the full license fee, in acceptable form of payment, was not included with the application.
(b) 
If the Accounts Department previously issued a short-term rental license to any of the owners of the property and any of such owners had such license revoked within the previous year.
(c) 
If the affidavit from the owners or if an inspection conducted by a Code Enforcement Officer as authorized in this chapter finds that the subject property is not in compliance with this section or the current NYS adopted Uniform Fire Prevention and Building Code and the current adopted City of Saratoga Springs Unified Development Ordinance.
(d) 
If access is not granted to the property for purposes of an inspection.
E. 
Renewal of licenses.
(1) 
Any license granted may be renewed every one year upon application for renewal, pending a new inspection by the Fire Department.
(a) 
A passing inspection will require a written and conspicuous proper emergency egress plan, a local emergency contact, labeled fire exits, functioning carbon monoxide and fire detectors and proof of required insurance.
(b) 
A failed inspection will result in denial of the renewal application, subject to proof of proper resolution within 30 days of the failed inspection.
A. 
Each short-term rental shall have a property contact.
B. 
Each short-term rental must comply with the occupancy limit set forth by the certificate of occupancy and be in compliance with the current NYS adopted Uniform Fire Prevention and Building Code and the current adopted Saratoga Springs City Code.
C. 
All short-term rentals must be licensed with the City of Saratoga Springs in a database established for that purpose.
D. 
All short-term rentals must have a valid inspection and permit record from the City Fire Department and City Accounts Department.
E. 
The following terms and conditions shall apply to all short-term rentals:
(1) 
At no point may any illegal conduct or activity take place at or on the short-term residential rental property by the property owner, any short-term rental tenant, guest or invitee.
(2) 
Tenants and their guests or invitees shall not block or otherwise impede the ingress or egress of any exits of the short-term rental.
(3) 
Tenants and their guests or invitees shall abide by all applicable laws, rules, ordinances and regulations of the City of Saratoga Springs, the State of New York, and the United States.
(4) 
The short-term rental tenants and their guests or invitees shall not engage in any conduct which violates the City's Noise Ordinance, or which would otherwise constitute disorderly conduct or creation of a public nuisance.
(5) 
Short-term rental owners shall be responsible for removing snow and other obstructions from their short-term rental sidewalks and/or driveways, if applicable.
A. 
Applicability:
(1) 
Owners, operators, managers, marketers, and tenants of short-term rental properties shall obey all applicable federal, state, and local laws and regulations, including but not limited to those of the City of Saratoga Springs, and shall be subject to the enforcement and penalty provisions contained in the laws, rules, ordinances and regulations of the City of Saratoga Springs and any other federal, state, or local law.
B. 
A violation (hereinafter "violation") of this chapter is considered a breach of any standards, regulations and/or procedures set forth in this chapter and/or applicable federal, state, or local laws.
C. 
Following a breach of any of the above, the following process shall be followed in the event of a complaint alleging a violation by an owner, tenants, or guests of a short-term rental unit.
(1) 
Verbal complaints made to City officials or Law Enforcement about a short-term rental may be addressed informally, given the nature of the complaint, and may be communicated to the owner in writing or electronically. A record shall be made of all verbal complaints.
(2) 
If the response is not satisfactory to the complaining party, the complaining party may file a written complaint with the Code Enforcement Officer, or through the online short-term rental portal. The form of the complaint shall be established by the Code Enforcement Officer and may be filed in person, by email, mail or online. The complaint shall provide pertinent information including the date, time, and nature of the alleged Violation.
(3) 
If the Code Enforcement Officer, upon investigation, determines that the written complaint has merit, the Accounts Department, or a Code Enforcement Officer at the request of the Accounts Commissioner or other enforcement officer as may be designated by the City for that purpose, may impose any of the following on the short-term rental's owner, property contact, operator, manager, or agent:
(a) 
Reasonable conditions and/or improvements to the existing short-term rental license that must be met or satisfied before continuing operation;
(b) 
A warning or violation;
(c) 
Suspension of the short-term rental license; or
(d) 
Revocation of the short-term rental license.
A. 
Revocation of a short-term rental license:
(1) 
A short-term rental license may be suspended or revoked if the short-term residential rental unit is not in compliance with any applicable federal, state, or local law, ordinance, rule or regulation.
(2) 
In addition to the reasons for suspension and revocation in Subsection A(1) above, a short-term rental license may be suspended or revoked if the short-term rental owner:
(a) 
Fails to apply for a short-term rental license in a timely manner;
(b) 
Fails to obtain a short-term rental license after inspection;
(c) 
Fails to maintain a valid short-term rental license after it is granted throughout the period that such unit is used or offered for a short-term rental use;
(d) 
Has three violations in a two-year period; or
(e) 
Otherwise fails to comply with this chapter.
B. 
Procedure.
(1) 
Notice of violation:
(a) 
To initiate the process of suspending or revoking a short-term rental permit, the Code Enforcement Officer shall issue a notice of intent (hereinafter "notice of violation") to suspend or revoke the short-term rental license.
(b) 
The notice of violation to suspend or revoke shall:
[1] 
Describe the violation in as much detail necessary; and
[2] 
State the time period the short-term rental license holder has to correct the violation or cause the violation to be corrected.
(c) 
The notice of violation shall be provided to the short-term rental owner or the property contact, either by personal service, by registered or certified mail to the address submitted with the permit application, or by a posting on the short-term rental premises in a conspicuous location.
(d) 
After the notice of violation has been provided, if the short-term rental owner fails to correct the violation or cause it to be corrected within the period stated in the notice of violation, the Commissioner of Accounts shall have authority to suspend or revoke the short-term rental license issued upon finding any of the following:
[1] 
That the license holder has made a false representation in the application.
[2] 
That the license holder has violated any provision of this chapter or any provision of the New York State adopted Uniform Fire Prevention and Building Code in effect at the time of the issuance of the property's most recent certificate of occupancy.
[3] 
That the license holder has failed to obey a lawful order or directive of the Code Enforcement Officer.
(e) 
No suspension shall be for more than 30 days.
C. 
Violation hearing:
(1) 
A short-term rental license holder shall be entitled to request a hearing on suspension or revocation. The hearing shall be before the Commissioner of Accounts, the City Attorney, and the Code Enforcement Officer or designee, (hereinafter "violation hearing") upon application made to the City Clerk to demonstrate that the short-term rental license holder was not in violation.
(2) 
Such violation hearing shall be requested in writing within 30 days of the violation being received.
(3) 
The request must be addressed to and received by the City Clerk within 30 business days of the license holder's receipt of the notice of intent or of posting, whichever occurs earlier.
(4) 
Any suspension or revocation remains in effect unless modified by the Accounts Department.
(5) 
Within 30 days of the license holder's written request, a violation hearing shall be held to determine whether to reverse, modify or sustain the suspension or revocation. At the hearing both the owner and the City may produce documentation and witnesses, and such witnesses shall be sworn. The owner may be represented by legal counsel. A video record or written minutes of the hearing shall be produced.
(6) 
The hearing officer shall issue a written decision within 15 days after the hearing.
D. 
If a license has been revoked:
(1) 
If a license issued to a short-term rental owner has been revoked for the first time, the owner may not reapply for a new short-term rental license until one year after such revocation.
(2) 
If a license issued to a short-term rental owner has been revoked at least once before, the owner may not reapply for a new short-term rental license until five years after such revocation.
A. 
Any person, association, firm, company, corporation, or entity which violates any provision of this chapter, or assists in the violation of any provision of this chapter, or owns or operates a property at which a violation occurs, shall be subject to the following penalties:
(1) 
By a fine or civil penalty of not more than $2,500 for a first violation.
(2) 
By a fine or civil penalty of not more than $5,000 for a second violation, both of which were committed within a period of five years.
(3) 
By a fine or civil penalty of not more than $7,500 for a third violation, both of which were committed within a period of five years.
(4) 
Each week's continued violation constitutes a separate additional violation.
B. 
The Code Enforcement Officer may bring a civil proceeding in City Court for enforcement of this chapter.
C. 
The City may seek injunctive relief, civil penalties and any other relief available to enforce the provisions of this chapter through commencement of an action in the New York State Supreme Court. Such action must be authorized by a resolution of the City Council. As part of such action, the City may seek and obtain an Order from the Court requiring the defendant to reimburse the City for its legal fees, costs and attorneys' fees related to the action.
D. 
Violations of any provision of this chapter or of the terms of a license issued hereunder may be remedied or enforced pursuant to this code. Enforcement remedies available are not exclusive and may be sought cumulatively.
A. 
If any provision of this chapter, or the application thereof to any person or circumstance, is adjudged invalid by a court of competent jurisdiction, that judgment shall not affect or impair the validity of the other provisions of this chapter or the application thereof to other persons or circumstances.