Short Term Rental Update

— UPDATE —

Dear Residents,

At the February 8th public hearing for Short-Term Rentals, it was decided by the Board of Trustees to NOT vote on the code that was proposed in order to incorporate additional feedback from residents who attended the public hearing.

The most important thing is for the community to get this right, so we will go back to edit the code to ensure it meets the needs of our village and gains the broad support of our residents.

More to following on upcoming public hearings and additional workshop meetings to discuss the proposed code.

If you have any questions, please reach out to the village, any Trustee, or to me directly at mayor@villageofkinderhook.org.

Thank you!

Mike

 

— Original post from February 1, 2023 —

Dear Residents,

On Wednesday, February 8, the Board of Trustees will hold a public hearing to consider passing two new village laws on Short-Term Rentals and Tenancy Registration. Both laws are attached here for you to review:

Short-Term Rentals

Tenancy Registration

Short-Term Rentals

The proposed law on Short-Term Rentals (STRs) has been discussed publicly on five occasions in which members of the community were encouraged to provide their input and perspectives. It was discussed at the Village Board meeting on May 11, 2022, and at four Planning Board meetings on July 7, 2022; August 4, 2022; September 1, 2022; and October 6, 2022. It was then sent to the County Planning Board for review. It will be discussed again on February 8, 2023, at the Village Board meeting before the board decides whether to adopt it into law.

STRs bring new visitors to our village and more customers to our businesses, which is great. This needs to be balanced with ensuring that these commercial endeavors are not negatively impacting the quality of life for neighbors in residential districts. This law will outline the process by which we will oversee STRs as a community.

At the core of the issue with STRs is the change of use of a residential property into a commercial endeavor. People purchased homes in our residential neighborhoods because they are consistently safe and quiet. Renting out residential properties to different visitors on a regular basis for commercial purposes has the potential to disrupt that.

We already have established mechanisms to ensure our community is not disrupted by commercial ventures. For instance, we have zoning laws that ensures a business cannot open in a residential district without village and community approval. We have a Planning Board that oversees all new businesses to ensure their operations does not negatively impact our village. The Planning Board reviews things like hours of operation, parking, garbage pick-up, noise, etc. We also have a Code Enforcement Officer (CEO) who works with residents and businesses to ensure adherence to our local laws.

This new law requires STR owners to register with the village every two years. The registration will require a safety inspection by the Code Enforcement Officer to ensure there are appropriate egress routes out of the home, smoke alarms, fire extinguishers, and other basic safety measures in place. If you live in an old or historic home, you will NOT be required to upgrade various aspects of your home to meet today’s building code. Our goal is to make sure that basic safety requirements are met so that visitors are safe.

The owners of STRs (if they do not live full-time at the home) will also need to identify a property manager who is able to respond to disturbances within an hour. The contact information for this property manager will be shared with adjacent neighbors and the village. The CEO will also review any additional lighting, outdoor activities, and parking, which may impact the neighborhood.

STR owners are not allowed to put up any signage advertising the STR and/or vacancy.

STR certificates of registration may be issued directly by the CEO without the owner having to go in front of the Planning Board. Ideally, a STR rental owner can submit a registration, schedule an inspection, and have their approval within a few days.

I believe this law is not overly restrictive or burdensome on STR owners and provides the needed protections for neighbors to ensure we preserve the safety, character, and privacy of our community.

Tenancy Registration

New York State requires local municipalities to inspect all apartment buildings and multi-family homes every two years. These include apartment buildings with two or more units and duplexes.

This law simply requires those uses to register with the village so that we can accurately track and inspect them in accordance with NYS law.

People who own single family homes and rent long-term (over 30 days) to tenants do NOT need to register with the village.

Please let me know if you have any questions. All are welcome to attend the board meeting on February 8th to provide your perspective.

Thank you!

Mike

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