Host in west New York

[Fernanda1206]

Hi I am interested in Hosting in west New York - can someone please inform me if this is legal and what are the regulations

[Mark_Lori0]

Currently, there are no formal regulations.  However, the Mayor and Commissioners have proposed a new ordinance that will be voted on Sept. 20. It introduces an approval process and an annual fee.  Full details are on the town website, www.westnewyorknj.org, in the Ordinances section.  The meeting where it will be voted on is via zoom.  Details are also on the town website in the Calendar section.  During the meeting, the public will be given a chance to comment.

[Keisha80]

Hi Mark, so what you are saying is that they can vote on the current law in place, and that we might have a chance to host just have to pay a annual fee. Can u please keep me posted. 

[Nur785]

@Keisha80 

I think @Mark_Lori0  is talking about the vote on the Boarding House ordinance that is being proposed and they will vote on the 20th. There is no change in the STR ordinance I'm afraid. I've also been following this because I am looking at properties in West New York, but I doubt the STR ordinance will change soon. 

https://www.westnewyorknj.org/_Content/pdf/ordinances/Ord1223-Establish-Licensing-Requirements-for-B...

[Mark_Lori0]

@Keisha80 , I'd urge you to attend the meeting and ask some questions, as I'm not sure I'll be able to attend, even though its only zoom.

Besides an annual fee, there is mention of each application requiring a public hearing (and there's no info on what the criteria for approval/rejecting will be at that hearing). There is also mention that the town can revoke the licence for any number of reasons including not letting representatives of the town into the residence whenever they want, even if they arrive at the property unannounced.

[Nur785]

@Fernanda1206 

Hosting for less than 30days in West New York is banned. Here is the city ordinance 

https://www.westnewyorknj.org/_Content/pdf/ordinances/Ord318.pdf

@Mark_Lori0 I'm not sure your information is correct. There are formal regulations which is that you cannot do it for less than 30 days. There is a city ordinance on it.

Also, the meeting on the 20th appears to be a regularly scheduled town meeting. How do you know this is what they will vote on?

n.  

[Mark_Lori0]

@Nur785 The ordinance that you referenced never passed.  Currently airbnbs are unregulated in this town. You can confirm this by going to www.westnewyork.org/ordinances.

Then click on 2018 and look in the Withdrawn ordinances section and you'll find Ordinance #3/18 listed there (the town website also shows it in the adopted section, but thats incorrect).  I went to every town hall meeting when they were considering this, and spoke extensively with the Mayor and Commissioners over the course of a few weeks, so I can confirm for a fact it was never adopted.  However, you can also call the town clerk and ask for them to confirm that it was never adopted, 201-861-2576

Also, if you go onto the calendar www.westnewyork.org/calendar and click on the meeting from Aug. 30 and then click on the Agenda, you'll see that they introduced the new ordinance there.  Further if you go back to the ordinances section and locate the new ordinance, #12/23, it includes the date it was introduced and the date it will be voted on.  

[Nur785]

@Mark_Lori0 

Thank you for the detailed information. I will call the town clerk to confirm, because my RE lawyer seems to think it was adopted. 

Also, I DID find ordinance #12/23 and I do see it was introduced on 08/30 and will be voted on the 20th, but the ordinance relate to boarding houses, not to STRs. 

https://www.westnewyorknj.org/_Content/pdf/ordinances/Ord1223-Establish-Licensing-Requirements-for-B...

[Mark_Lori0]

I spoke with the town clerk earlier today and she confirmed the new ordinance that is being voted on next week is for Boarding Houses, not STRs.  And STRs are not legal in this town, despite my previous comments.  Sorry for any confusion caused by those early comments...here's some further background...

Note though, that in 2018, when the Town was considering introducing an ordinance to govern STRs that one of the town commissioners stated that renting individual bedrooms in apartments is considered a Boarding house: "Comm. Cirillo stated that he
wished to make it clear that if you are renting an individual room which is part of
your apartment, it is considered a boarding house under State Code and is not
permissible".  This quote was taken from the meeting minutes at  https://www.westnewyorknj.org/_Content/pdf/minutes/2018-08-22-Commissioners-Minutes.pdf. 

So, technically the new ordinance being voted on next week could apply to a small percentage of airbnb hosts.

Further, earlier in 2018, when the town did pass an ordinance making STRs illegal, the Mayor stated that there would be a grace period given, and throughout the next 8 months or so while the town tried to put together an ordinance to allow some form of regulated STRs, it was clear that the town had no appetite for enforcing the ban, even on an ongoing basis, except in extreme cases. See https://www.westnewyorknj.org/_Content/pdf/minutes/2018-01-18-Commissioners-Minutes.pdf

At the end of the day though, that Mayor is no longer in office, and the STR ban went on the books in early Jan. of 2018.  How it is being enforced is altogether another question.

[Allan500]

This is a great question. I'm looking into this as well. Is it decided that WNY does not allow any airbnbs?

[Helen3]

Have a look on your local government website for guidance on local STR regulations @Mark_Lori0