The Brookhaven Town Board has decided to adopt a measure that permits Brookhaven Town to assess fines of up to $6,000, including a term of incarceration of up to six months, for those who rent their homes for fewer than 4 weeks at a time. This recently adopted measure also makes it illegal to rent out swimming pools separately from a house. Some Fire Island communities are exempt from this new measure because of the prevalence of rental housing. This new legislation continues a steady trend on Long Island of imposing more restrictions on short-term house rentals. Short term rental companies and landlords face numerous challenges on Long Island. On the North fork, for example, towns and villages are stepping up enforcement against owners who allow guests to stay fewer than 14 days. Some officials are employing the use of artificial intelligence to police online listings or collect rental taxes. It is meant to crack down on the growing trend of people who rent out their homes through services such as Airbnb, which has sometimes resulted in disruptive or destructive behavior by renters.
What Are Short-Term House Rentals?
Short-term house rentals are typically defined as rentals of any residential home, unit or accessory building for a short period of time, generally less than 30 days. Such rentals are also referred to as transient rentals, short term vacation rentals, and resort dwelling units. A rental property can be considered a short-term rental if the owner spends most of the time at the property but rents out the whole home for a few days or weeks. Accessory dwelling may also be considered a short-term rental if an owner rents out a portion of the property they live in, such as a guest house or garage apartment for short period of time. Further, a short-term rental can occur if an owner rents out one or more rooms in their primary residence for short stays. These short-term rentals are booked through sites like Airbnb and are a more convenient and cost-effective alternative to lodging options, such as hotels or motels.
What Does This New Law Do?
The new measure passed by the Brookhaven Town Board institutes fines and potential jail sentences for people who rent out their properties for less than 28 days, as well as those who separately rent out their swimming pools. The Code changes allow the Town of Brookhaven to fine first-time offenders between $500 to $4,000 or incarcerate owners or landlords for up to 15 days in jail. A second or subsequent offense can cause an owner or landlord to incur fines between $1,000 and $6,000, with a term of incarceration for up to six months. The change in the Brookhaven Town Code also holds Real Estate Brokers liable.
Why Was This Law Passed?
Brookhaven Town advanced this measure after numerous complaints by residents due to short term rentals being utilized to throw raucous parties and to prevent landlords from allowing strangers or transient renters to occupy property. The Town of Brookhaven believes short-term rentals pose a threat to the safety and property values of its’ residents. The growth of online short-term rental booking services like Airbnb has created the perception that these types of rentals are a widespread problem. The law seeks to address this issue by penalizing those who rent out their homes through these services, hopefully cutting down on their prevalence.
Similar Laws Have Been Found Unconstitutional
The New York State Supreme Court ruled in October 2019 that a similar law, proposed by the Village of Bellport, to be “arbitrary, capricious, and unconstitutional”. Rendering the law null and void. Further stating that “A village’s local law affecting real property is unreasonable, under police power and due process, if it encroaches on the exercise of private property rights without substantial relation to a legitimate governmental purpose”.
What Should You Do if You Are Penalized By This Law?
If you have found yourself targeted by this or any other similar law, you may have legal options available to you. That is why you should speak with Christopher McGuire, partner at McGuire, Peláez & Bennett, has experience handling code and housing violations as a judge, prosecutor, and defense attorney, and thus is well-qualified to handle your code or housing violation issues.
If you or someone you know is dealing with any real estate issue, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York real estate attorney who is experienced in handling traffic cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are in need of legal assistance, contact the Suffolk County real estate lawyers at McGuire, Peláez and Bennett at (631) 348-1702.
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