On April 15, 2019, the Board of Trustees of the Village of Irvington (“Village”) in Westchester County, New York, adopted Local Law #7 of 2019 (“New Law”) amending the Village Zoning Code (“Code”) to permit short term rentals.
The New Law adds the following definition of “Short-Term Rental” to the Code: a “rental of a whole or partial dwelling unit to visitors for dwelling, sleeping or lodging, for a period of no less than 24 hours or more than 30 consecutive days.” The term “short-term rental” does not include bed and breakfast establishments, as permitted by §224-8.D(7) and §224-36.B.
The intent behind the New Law was to, among other things, legalize and regulate short-term rentals while preserving the residential character of the Village.
Section 224-208 sets forth the following requirements for operating the short-term rental (“STR”):
- The maximum number of days a dwelling or part of dwelling may be rented out as a STR is 180 days per year. For at least 90 of these days, the owner or lessee of the dwelling must be physically in residence at such dwelling during periods in which rooms are rented.
- A STR may not be used to host parties or other gatherings or events at the dwelling.
- A written notice on a form to be provided by the Village, which contains information about relevant Village parking laws, garbage and recycling rules and schedules, and snow removal, and identifies the party(ies) responsible for responding to complaints about the STR, shall be completed and left at a conspicuous location inside the STR unit and maintained at such location by the operator of the STR and displayed at all times.
- While a STR unit is rented, the owner or lessee of the dwelling unit shall be responsible and available during the entire time of rental, for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants and or guests of the STR unit. If the owner or lessee is not available, (s)he must designate a person who will be so responsible. Prior to the beginning of any STR period, the name(s) and telephone number(s) of the responsible party(ies) must be provided on the written notice required by paragraph C above.
- Any person renting out a STR shall use best efforts to insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbance, engage in disorderly conduct, violate any provision of the Irvington Code, or violate any law pertaining to disorderly conduct, the consumption of alcohol, or the use of illegal drugs.
- A person renting out a STR, upon receiving notification that an occupant or tenant of his/her STR unit has created unreasonable noise or disturbance, engaged in disorderly conduct, or committed violations of the Irvington Code or any applicable law, shall respond within 30 minutes of the time the initial call was made, and shall take corrective action to address any violation and use best efforts to prevent the recurrence of such conduct.
- A dwelling with a STR unit is subject to periodic inspections by the Building Department and Fire Inspector to ensure continued compliance with all applicable codes.
- The person renting out the STR shall maintain a record of the number of guests and the beginning and ending dates of each STR. Such record shall be submitted to the Building Department along with the application to renew the STR registration.
The amended law also lays out a registration procedure for operating a STR and certain violations if the procedures are not adhered to.
For more information about the Village of Irvington’s new short-term rental law, click here.
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