[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 1-6-2025 by L.L. No. 1-2025. Amendments noted where applicable.]
A. 
Short-term rentals of residential property are a potential source of income to property owners and can provide additional housing for visitors to the area, thereby promoting tourism and strengthening the local economy. However, if unregulated, short-term rentals may have detrimental impacts on nearby properties and the neighborhoods in which they are situated as a result of increased traffic, noise, trash, and similar impacts. Moreover, it is in the overall public interest to require that properties offered for public rental are safely maintained and adequately insured. Therefore, the Village Board of the Village of Warwick hereby establishes the registration and licensing requirements and regulations set forth in this chapter for the purpose of regulating short-term rentals of residential property to ensure safe, responsible and harmonious operation of such uses.
B. 
In enacting regulations for short-term rentals, the Town finds that it is appropriate to exempt properties located in the Central Business Zone from the requirement of being owner-occupied. The purpose of the owner-occupancy requirement is to provide additional assurance that short-term rental properties will be well maintained in order to avoid adverse impacts on near-by residential properties and the neighborhood in which they are located. The Central Business Zone is primarily commercial, and residential properties located therein are regularly exposed to the impacts of neighboring commercial uses. Under these circumstances, the additional assurance provided by the owner-occupancy requirement is not necessary, for which reason properties located in the Central Business Zone are exempt from it.
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
Any person who has written authority from the owner of short-term rental property to enter, care for, and control a building in regard to short-term rentals and act on behalf of the owner in regard to short-term rentals of the building.
BEDROOM
A one-person bedroom shall have a minimum of 70 square feet. A two-person bedroom shall have minimum of 100 square feet. A three-person bedroom shall have a minimum of 150 square feet. For bedrooms accommodating more than three-persons, there shall be an additional 50 square feet of space provided for each additional occupant. Bedrooms shall be not less than seven feet in any plan dimension, and shall have a compliant exterior window as a second means of egress. All bedrooms shall have access to sanitary facilities providing a sink, toilet, potable running water and a shower/tub. All bedrooms and living space shall adhere to the provisions of the Property Maintenance Code of New York State and the Village Code of the Village of Warwick then in effect.
BUILDING INSPECTOR
The Building Inspector of the Village of Warwick or such person as appointed by the Village Board to enforce Village Code Chapter 53 Unsafe Buildings, and this chapter.
DAYTIME
Between the hours of 6:00 a.m. and 12:00 a.m. (i.e., "midnight").
HOUSING or DWELLING UNIT
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 multi-household structure or building but not including a hotel, motel or bed and breakfast establishment.
IMMEDIATE FAMILY
The immediate family of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren.
OVERNIGHT
Between the hours of 12:00 a.m. (i.e., "midnight") and 6:00 a.m.
OWNER
Any owner of a residence who offers housing in the residence to persons, other than immediate family, in exchange for a fee or compensation, whether monetary or otherwise.
OWNER OR REGISTERED AGENT OCCUPIED
As used in this chapter the term "owner-occupied" shall mean a residence in which the record owner or the owner's registered agent resides for not less than a total of six months in the calendar year. Neither owners nor the owner's registered agent needs to be present on the property during short-term rentals.
REGISTERED AGENT
An agent of the property owner who is able to respond and attend at the short-term rental property within at least 30 minutes of being notified of the need to do so and is identified as the owner's registered agent in the short-term rental permit application.
RESIDENCE
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 multi-household structure or building.
SHORT-TERM RENTAL PERMIT
A permit issued by the Village of Warwick stating that the referenced structure or unit conforms to the standards of § 49-11, Fire safety and property maintenance inspections, and other applicable sections of Village Code 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 the permit.
SHORT-TERM RENTAL PROPERTY
Any residence in which overnight accommodations are offered in exchange for a fee or compensation, whether monetary or otherwise, for a period of less than 30 days, including, but not limited to, rentals provided by such companies as Air B&B and VBRO. Month to month tenancies are not considered short-term rental properties.
SUBSTANDARD
Any deficiency in a residence that does not meet the standards of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code and applicable sections of Village Code. Substandard conditions shall also include failure to maintain a single-station smoke-detecting alarm device and carbon-monoxide-detector device, or devices, in accordance with New York State standards.
A. 
Only single-family dwellings, duplexes, and mixed-uses with no more than two dwelling units may be used for short-term rentals. Units in a multiple dwelling may not be used for short-term rentals.
B. 
Short-term rentals are allowed in all zones in the Village except in Continuing Care Retirement Community (CCRC) and Multiple Residence-Senior Citizen (MR-SC).
C. 
Only owner-occupied properties may be used for short-term rentals. Owners need not be present on the property during short-term rentals, provided that they are able to respond and attend the short-term rental property within at least 30 minutes of being notified of the need to do so. Properties located in the Central Business Zone used for short-term rentals need not be owner-occupied if the registered agent is able to respond and attend at the short-term rental property within at least 30 minutes of being notified of the need to do so.
D. 
For property used for short-term rentals, off-street parking requirements shall be the same as the requirements for the use in which the short-term rental is offered as provided in the Schedule of Uses and Parking Space Requirements in Village Code § 145-70 "Off-Street Parking and Loading Requirements."
E. 
Commencing 90 days after the effective date of this chapter, any person offering short-term rentals within the Village of Warwick shall be required to first register and obtain a permit for short-term rental of the residence under this chapter.
F. 
Homeowner association policies in developments within the Village shall supersede short-term rental provisions herein, provided that the homeowner association policies are more restrictive than the terms hereof.
A short-term rental registration application, as established by the Building Inspector, shall be submitted to the Village Building Department by the owner of proposed short-term rental property stating that the owner is seeking a short-term rental permit and providing, at a minimum, the following information:
A. 
Name, mailing address, telephone number, and e-mail address, of the owner and of the registered agent;
B. 
In the event that the owner is a corporate entity, such as a corporation, an LLC, a partnership or a DBA, provide the names mailing addresses, telephone numbers, and e-mail addresses of all owners, stock holders, members, or partners with an ownership interest in such corporate entity;
C. 
In the event that the registered agent is a corporate entity, such as a corporation, an LLC, a partnership or a DBA, provide the names mailing addresses, telephone numbers, and e-mail addresses of all owners, stock holders, members or partners with an ownership interest in such corporate entity;
D. 
The street address of the short-term rental property as well as the tax map section, block and lot;
E. 
The number of rental units in each building on the property;
F. 
The number of conventional bedrooms in each building on the property;
G. 
The proposed maximum overnight and daytime occupancy limits of each building on the property;
H. 
The types and placement of any fire-protection systems located each building;
I. 
The number and location of all exits;
J. 
A floor plan indicating the placement and size of each bedroom, exit and fire-protection system;
K. 
A statement of the number of off-street parking spaces provided for the property and a parking plan showing the location of the parking spaces;
L. 
A certificate of liability insurance for the property with policy limits in an amount of no less than $1,000,000 with rental endorsement on policy;
M. 
Copy of a certificate of occupancy for each building proposed to be used for short-term rental or a letter stating such dwelling was built prior to 1973;
N. 
Acknowledgment of review of and responsibility for compliance with the Code of the Village of Warwick;
O. 
A statement that the owner will include the municipal permit number assigned by the Village in all listings for short-term rental of the property;
P. 
If the property is subject to homeowners association by-laws, a notarized statement from the homeowners association that short-term rentals of properties are not prohibited under the by-laws; and
Q. 
The completed rental registration application must be notarized.
A. 
Upon submittal of complete application for short-term rentals, the owner or registered agent shall contact the Building Inspector to schedule an inspection of the short-term rental property for the purpose of issuance of a short-term rental permit.
B. 
Upon payment of such inspection and permit fees as the Village Board shall prescribe in the Village's schedule of fee, the Building Inspector shall conduct an inspection of the short-term rental property to determine whether it is substandard and to verify that the residence and the maximum overnight and daytime occupancy limits proposed by the owner are acceptable under the New York State Uniform Fire Prevention and Building Code.
C. 
Upon completion of an inspection of the short-term rental property and ascertaining that the residence is not substandard, the Building Inspector shall issue a short-term rental permit.
D. 
Permits shall be on a form approved by the Building Inspector and shall, at a minimum:
(1) 
State the address, section, block and lot of the short-term rental property;
(2) 
List the name of the owner and the registered agent;
(3) 
State the number of bedrooms in the residence;
(4) 
List the maximum permitted overnight and daytime occupancy limits;
(5) 
State the date of issuance and the date of expiration; and
(6) 
Assign a rental registration permit number to the short-term rental property.
A. 
All short-term rental permits shall expire two years after the date of issuance, unless sooner revoked.
B. 
The following shall be mandatory terms of every short-term rental permit:
(1) 
No illegal conduct shall be carried on the short-term rental property by the landlord, registered agent, or short-term rental tenants, their guests or invitees;
(2) 
The short-term rental tenants and their guests or invitees shall not block or otherwise impede ingress or egress over the street on which the short-term rental property is located and/or to or from any driveways of other property on the said street;
(3) 
Trash, refuse and recycling, and the bins or containers therefore, shall not be left stored within the public view, except that covered bins or containers may be left curb side for the purpose of scheduled collection in compliance with Village Code § 75-1;
(4) 
No exterior lighting of the residence shall be permitted from midnight to six o'clock a.m., except for such lighting of driveways or walkways as may be necessary for safe ingress and egress of persons entering or exiting the short-term rental property;
(5) 
The short-term rental tenants and their guests or invitees shall not engage in any conduct which violates the Village's noise ordinance or which would otherwise constitute disorderly conduct or creation of a public nuisance;
(6) 
In the event that short-term rental tenants plan on using the residence as the site of a party or event involving more than 10 guests or invitees, the owner shall require that the tenants disclose such intent as a condition of the rental and shall require the tenants to undertake measures and limitations to prevent unreasonable disturbance of neighboring property owners, such as limiting the hours of outdoor music and assuring adequate parking for guests and any catering or delivery vehicles; and
(7) 
The owner shall prominently display at the short-term rental property the contact names and phone numbers for the registered agent if there is one, and if there is no registered agent then for the owner, along with a list of emergency services, information relating to garbage, recycling, available parking, winter parking, and noise limitations.
C. 
In the event that there is any change in the information provided by the owner or registered agent in the registration application, the owner shall advise the Village Building Department in writing of such change no later than five business days after such occurrence. Failure to timely advise the Village Building Department of a change in the information provided by the owner in the registration application constitutes a violation of this chapter and is grounds for suspension or revocation of the short-term rental permit as provided herein.
D. 
A short-term rental permit may not be transferred or assigned to any person or used by any other person other than the owner to whom it was issued.
A. 
In the event that the Building Inspector determines that a residence is substandard, he shall issue a written denial of the short-term rental permit to the owner or registered agent listing all of the substandard conditions identified in the inspection.
B. 
If an application for a short-term rental permit is denied, an owner may re-apply for the permit after correcting such substandard conditions as have been found. Upon such reapplication, the owner or registered agent must arrange for an additional inspection by the Building Inspector. The owner must pay an additional inspection fee, as specified in the Village's Schedule of Fees, for each inspection.
A. 
Applications to renew existing short-term rental permits shall be submitted on forms approved by the Village Building Department at least 90 days but not more than 120 days prior to the expiration date of the existing license and must be accompanied by the renewal fee set by the Village Board in the Village's Schedule of Fees.
B. 
Upon receipt of an application for renewal and the prescribed fee, the Building Inspector shall schedule and conduct an inspection of the short-term rental property using the same criteria as upon an inspection for grant of a permit. In the alternative, upon submission of an application for renewal an owner may privately have a certified home inspector, engineer, or architect conduct the inspection and provide a written report on its compliance with the criteria for grant of a permit. Renewal shall be granted if the short-term rental property is not substandard.
C. 
Upon grant of renewal, the Building Inspector shall issue a new short-term rental permit which shall expire two years after the date of issuance unless revoked earlier.
A. 
If it is determined by the Building Inspector that the owner or registered agent has falsified or otherwise failed to provide accurate information on the registration application for short-term rental property, the owner shall be referred to the Village Board for suspension or revocation proceedings under this section.
B. 
It is the responsibility of the owner or registered agent to comply with all terms and provisions of this chapter and to ensure that the short-term rental tenants, their guests and invitees to comply with this chapter and the terms and conditions of the short-term rental permit. Any failure of short-term rental tenants, their guests and invitees to comply with this chapter and the terms and conditions of a short-term rental permit shall be attributed to the failure of the owner and the owner's registered agent to discharge the responsibility to ensure such compliance.
C. 
Upon receipt of a complaint or upon his or her own initiative, the Building Inspector may investigate any property for failure to comply with the terms of this chapter.
D. 
If, upon investigation, the Building Inspector determines that a violation of this chapter and/or the terms and conditions of the short-term rental permit has occurred on property for which a short-term rental permit has been issued, he shall issue a written notice of the violation to the owner and registered agent via certified mail return receipt requested to the mailing address(es) listed on the registration application and shall provide a copy of the same along with a report regarding his or her factual findings on the violation to the Village Board.
E. 
Upon receipt of such notice and report, the Village Board shall set a date at which the owner shall be heard in regard to the Building Inspector's findings of a violation. Notice of such hearing date shall be mailed to the owner, by certified mail return receipt requested at the address provided in the registration for the short-term rental property no less than 10 days prior to the hearing date.
F. 
At the hearing, the Village Board shall consider the report of the Building Inspector and such further information or proof as the Building Inspector may submit. The property owner shall be heard and given the opportunity to contest the alleged violation of this chapter. Each day that a violation occurs shall constitute a separate violation.
G. 
If, after affording such an opportunity to be heard, the Village Board confirms the existence of the violation of this chapter, the Village Board shall suspend or revoke the short-term rental permit. For one or two violations within a period of six months, the permit may be suspended for a period of up to six months from the date of the suspension. For more than two violations within a one-year period, the short-term rental permit may be suspended or revoked and, if revoked, no short-term rental permit will be available for the short-term rental property for a period of up to one year from the date of revocation.
A. 
If the Building Inspector denies an application for a short-term rental permit or for renewal of a short-term rental permit, it shall be done in writing, reciting the grounds for the denial.
B. 
An applicant may appeal from such denial by filing a written request for a hearing before the Village Board of Trustees. Such request shall be filed with the Village Clerk within 30 days after issuance of the denial.
C. 
Upon receipt of such request, the Village Board shall schedule the appeal to be heard at a Village Board meeting to be held within the next 30 days of receipt of the appeal, affording the owner at least 10 days' written notice of the place, date and time of the hearing by certified mail return receipt requested at the address provided in the registration application for the short-term rental property.
D. 
At the hearing, the applicant shall be afforded reasonable opportunity to be heard. The applicant shall bear the burden of proof by preponderance of credible evidence to show that the determination of the Building Inspector was arbitrary or capricious or in excess of his or her authority.
E. 
Determinations made by the Village Board on an appeal from denial of a short-term rental permit, denial of renewal, or from suspension or revocation of a short-term rental permit, are subject to review in New York State Supreme Court pursuant to CPLR Article 78.
The Village Board shall set such application, review, inspection and renewal fees as it may find appropriate for short-term rental permits by resolution and such fees shall be listed in the Village's Schedule of Fees.
A. 
Any person who violates any provision of this chapter, whether the owner or tenant, shall be guilty of an offense. Each day that the violation continues shall be deemed a separate violation.
B. 
Conviction of violation of the provisions of this chapter shall be punished by a fine of $500 for each violation (i.e., $500 per day). The Village Board may subsequently change the amount of the fine imposed under this chapter by resolution.
C. 
The penalties for violation of this chapter listed in this section shall be in addition to any suspension or revocation of a short-term rental permit imposed under this chapter.
D. 
The penalties for violation of this chapter shall be in addition to any penalties imposed for violation of other provisions of the Village Code and the New York State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code.
E. 
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate civil action or proceeding to prevent unlawful occupancy of property in violation of this chapter.
A civil action or proceeding may be instituted by the Village in a court of competent jurisdiction to abate any violation of this chapter by means of injunctive relief and for collection of civil penalties in the amount of $500 per day for each violation or such other amount of penalty as the Village Board may subsequently establish by resolution. In the event that the Village successfully commences a civil action for violation of this chapter, the party found liable for such violation shall also be liable the reasonable attorneys' fees incurred by the Village in prosecuting the action.