Warwick revamps short-term rental code

The Town of Warwick approved a new local law amending its short-term rental code at its July 11 meeting. Key changes to the law include requiring all owners, including multiple owners operating as an LLC, to provide identifying information to the town, allowing for suspensions for violations that may not merit registration revocation and for penalties to be set by resolution so they can be more easily changed by the town board.

“The Town Board understands the need for short-term rentals. We certainly want to have them. There aren’t very many hotels in the town of Warwick, and our tourism industry is booming here,” said Warwick Town Supervisor Jesse Dwyer. “We understand the benefit to both homeowners as well as businesses in the community that rely on short-term rentals. We just want to make sure that the laws are being followed.”

During the public hearing for the proposed law, one resident commented on the notification process, claiming that oftentimes the owner(s) on record isn’t available to get the notice. She asked if a copy of the notice could be provided to the rental agent or manager of the property. The town agreed that sending a copy would be acceptable but could not be in place of sending the official notice to the person(s) on record with the town, as rental agents could change.

Another resident who claimed his short-term rental application was rejected on the grounds of him being an absentee landlord, wondered about the definition of the term and what the procedure would be for those who feel they were wrongfully categorized. The attorney for the town of Warwick clarified that even if the owner was located nearby, as the resident claimed he would be when his home was rented out, he is still required to have a registered agent. He noted that the owner can serve as their own registered agent.

The attorney also clarified that there is a distinction between having someone on-site at the property versus someone who lives nearby. Dwyer added that when someone is on the property while it is being rented, it is far more likely that the rules will be followed. He also noted that he spoke with the town attorney about future legislation making the process simpler and cheaper for those who stay on the property during rental periods.

Rule breaking was a concern shared by a resident who claimed to live near a short-term rental that has had numerous issues. He wondered about the possibility of instituting quiet hours and limiting the times when visitors of registered guests could be on the property. He also commented on enforcement and the authority of the town police to respond to code violations. Dwyer clarified that the Warwick Town Police do enforce town code and have the authority to remove people from the property if necessary.

Another resident expressed her concern about the codes’ lack of safety consideration, suggesting that at minimum there should be an ordinance that all guests are subject to background checks. She noted that Airbnb offers these services on the side, but they are limited. She shared that she lives across from a short-term rental where there is a keyless entry, no supervision of who is coming in and out. Out of concern for her own family and others in Warwick, the resident hopes safety measures will be considered in future legislation.

Affordable housing

In other housing news, the town of Warwick has scheduled a public hearing for August 8 for a proposed affordable housing law aimed at giving the Town of Warwick Planning Board more flexibility with siting of affordable housing that could be built as part of subdivision law. “This doesn’t mean we are going to be pumping in affordable housing,” Dwyer noted. “This is to make sure the planning board can do what makes the most sense.”

Park upgrades

During the meeting, the board adopted resolutions to provide the necessary environmental review statements to New York to qualify for state funding for improvements to Airport Park and Mountain Lake Park. The town seeks to replace the existing playground equipment at Airport Park and to expand the existing pool facilities at Mountain Lake Park. The latter includes the addition of a 550-square-foot wading pool as well as associated maintenance improvements.

Infrastructure

In water and sewer news, Dwyer reported that the town is tapping into a new well source for the Pine Island Water District and ensuring that the Wickham Sewer District is meeting all standards in regards to discharging.

The town also passed a resolution creating a part-time water maintenance position and appointed Conor DiGiovanni to that role.