Hamden, New York Short-Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short-Term Rental Business in Hamden

The Town of Hamden, located in Delaware County, New York, allows short-term rentals like Airbnb and VRBO subject to a permitting process and specific regulations. In 2023, the town adopted a new local law governing transient rentals to balance the economic benefits of short-term rentals with preserving community character and housing stock.

To legally operate a short-term rental in Hamden, property owners must:

• Obtain a Transient Rental Permit from the Town Code Enforcement Officer. The annual permit fee is $150 for an entire dwelling unit or $100 for a partial dwelling unit (like renting individual rooms). Permit applications are available on the town website.
• Provide one off-street parking space per rental unit, with the parking area clearly delineated on a site plan or survey.
• Ensure the property meets all applicable building codes, fire safety requirements, and health regulations. An inspection by the Code Enforcement Officer is required prior to permit issuance.
• Limit occupancy to a maximum of 4 people per bedroom. The permit will specify the total occupancy allowed.
• Designate a local contact person who can respond to any issues within 1 hour if the property owner lives more than 20 miles away.
• Properly dispose of garbage in approved containers and not leave it at the curb for more than 24 hours.
• Comply with the town's noise ordinance, which prohibits unreasonable noise between 10pm-7am that can be heard at the property line.

The town may revoke a Transient Rental Permit if the property receives 3 or more substantiated complaints within a year. Fines for operating without a permit or violating permit conditions can reach $350 per day.

These new regulations were prompted by a significant increase in short-term rental activity in Hamden in recent years, with some long-term housing converting to Airbnbs. Officials sought to allow residents to earn extra income while preventing the loss of workforce housing and negative impacts on neighbors.

The Hamden Town Board unanimously adopted the Transient Rental law in February 2023 after a public hearing and input from the county planning board. While some residents felt the rules were too restrictive, most agreed they were necessary to preserve community character in the rural Catskills town.

So, in summary, while Hamden allows short-term rentals, hosts must follow a detailed permitting process and regulations around occupancy, parking, garbage, noise, and more. With active enforcement and escalating penalties, operating a successful and compliant Airbnb requires carefully understanding the local rules. Prospective hosts can contact the Hamden Code Enforcement Officer for guidance on the permitting process.

Short-Term Rental Licensing Requirement in Hamden

To legally operate a short-term rental in the Town of Hamden, property owners must obtain a Transient Rental Permit from the town Code Enforcement Officer. The permit requirements and process are outlined in the town's Transient Rental Law adopted in 2023.

To apply for a Transient Rental Permit, owners must submit the following to the Code Enforcement Officer:

1. Completed Transient Rental Permit Application form, available on the town website or from the Code Enforcement Office.
2. Application fee of $150 for an entire dwelling unit or $100 for a partial dwelling unit (like renting individual rooms). The fee is non-refundable and must be paid annually to renew the permit.
3. Site plan or property survey showing the location and dimensions of the off-street parking area designated for rental guests. One off-street parking space is required per rental unit.
4. Floor plan of the rental unit indicating the dimensions and use of each room, location of smoke and carbon monoxide detectors, and emergency evacuation route. The maximum occupancy allowed is 4 persons per bedroom.
5. Proof of property ownership, such as a deed or tax bill. If the owner is an LLC or other corporate entity, the names and addresses of all principals must be provided.
6. Proof of current liability insurance coverage for the rental property, with a minimum of $500,000 per occurrence.
7. Name, address and 24/7 contact information for the local contact person who can respond to any issues within 1 hour if the property owner lives more than 20 miles away.
8. Signed affidavit certifying that the property meets all applicable building codes, fire safety requirements, and health regulations, and that no delinquent taxes are owed.

Once a complete permit application is submitted, the Code Enforcement Officer will review it and conduct an inspection of the rental unit within 30 days. If the property passes inspection and meets all requirements, the permit will be issued within 10 days after inspection. The permit is valid for one year from the date of issuance and must be renewed annually.

Operating a short-term rental without a valid permit is a violation of the Transient Rental Law subject to a fine of $350 per day. Violating any of the permit conditions, such as exceeding the maximum occupancy, is also subject to a $350 daily fine. The town may revoke a permit if a property receives 3 or more substantiated complaints within a one-year period.

So in summary, obtaining a Transient Rental Permit is a mandatory requirement for short-term rentals in Hamden. The application process involves submitting various documents, paying a fee, and passing an inspection. Permits must be renewed annually, and operating without one risks significant financial penalties. Hosts should carefully review the Transient Rental Law and contact the Code Enforcement Officer with any questions about the licensing process.

Required Documents for Hamden Short-Term Rentals

To apply for a Transient Rental Permit in the Town of Hamden, property owners must submit the following documents to the Code Enforcement Officer, as outlined in the Transient Rental Application Form:

1. Completed Transient Rental Application Form: This form collects basic information about the rental property, owner, and local contact person. It is available on the town website or from the Code Enforcement Office.
2. Site Plan or Property Survey: This document shows the location and dimensions of the designated off-street parking area for rental guests. One off-street parking space is required per rental unit.
3. Floor Plan: This plan indicates the dimensions and use of each room in the rental unit, the location of smoke and carbon monoxide detectors, and the emergency evacuation route. It helps verify the maximum occupancy allowed (4 persons per bedroom).
4. Proof of Property Ownership: Acceptable documents include a deed or tax bill. If the owner is an LLC or other corporate entity, the names and addresses of all principals must be provided.
5. Proof of Liability Insurance: Applicants must submit proof of current liability insurance coverage for the rental property, with a minimum of $500,000 per occurrence.
6. Signed Affidavit: The owner must certify that the property meets all applicable building codes, fire safety requirements, and health regulations, and that no delinquent taxes are owed.
7. Fire and Safety Compliance Form: The applicant must complete and sign this form certifying that the rental unit has working smoke and carbon monoxide detectors, fire extinguishers, and unobstructed means of egress.

These documents serve to ensure that short-term rental properties in Hamden are safe, properly insured, and in compliance with town regulations. Failure to provide all required documents will result in the Transient Rental Permit application being deemed incomplete.

Applicants can obtain the necessary forms from the town website at www.hamdenny.com or by contacting the Code Enforcement Office. Completed applications and supporting documents must be submitted to the Code Enforcement Officer, along with the $150 annual permit fee for an entire dwelling unit or $100 for a partial dwelling unit.

The Code Enforcement Officer will review the application and conduct an inspection of the rental unit within 30 days. If the property passes inspection and meets all requirements, the permit will be issued within 10 days after inspection. Permits are valid for one year and must be renewed annually by submitting updated documents and fees.

So, in summary, obtaining a Transient Rental Permit in Hamden requires submitting a variety of documents to demonstrate compliance with the town's short-term rental regulations. Property owners should carefully review the application requirements and gather all necessary paperwork before applying to avoid delays in the permitting process.

Hamden Short-Term Rental Taxes

Short-term rental hosts in the Town of Hamden are subject to several state and local taxes on their rental income. These include:

1. New York State Sales Tax: New York State imposes a 4% sales tax on all short-term rentals of less than 90 days. Hosts must collect this tax from guests and remit it to the state quarterly using Form ST-810. Hamden is located in Delaware County, which does not impose an additional county sales tax on short-term rentals.
2. New York State Occupancy Tax: In addition to the sales tax, New York imposes a 5% occupancy tax on short-term rentals of less than 90 days. This tax is also collected by hosts and remitted to the state quarterly using Form ST-810.
3. Hamden Transient Occupancy Tax: The Town of Hamden imposes a 2% transient occupancy tax on all short-term rentals. This tax is collected by the host and remitted to the town quarterly using a form provided by the Hamden Tax Collector's Office.
4. Federal and State Income Tax: Rental income earned from short-term rentals is subject to federal and state income tax. Hosts must report their rental income on their annual tax returns and pay tax at their marginal rate. For federal taxes, rental income and expenses are reported on Schedule E (Form 1040).

So, in total, short-term rental guests in Hamden pay 11% in state and local taxes on top of their nightly rental rate (4% state sales tax + 5% state occupancy tax + 2% town occupancy tax). Hosts are responsible for collecting these taxes and remitting them to the appropriate agencies.

However, hosts can deduct many of the expenses associated with operating a short-term rental to reduce their taxable income. Eligible deductions may include:

1. Mortgage interest and property taxes (prorated for the percentage of rental use)
2. Rental insurance premiums
3. Utilities like electricity, gas, water, and internet
4. Cleaning and maintenance costs
5. Supplies like linens, toiletries, and coffee
6. Repairs and renovations
7. Depreciation of furniture and appliances used in the rental

Hosts should keep detailed records of their rental income and expenses and consult with a tax professional to ensure they are properly reporting their short-term rental activity. The IRS publishes guidance on tax issues affecting short-term rentals in Publication 527.

It's important to note that failing to collect and remit the required state and local taxes on short-term rentals can result in significant penalties and interest. The New York State Tax Department and Hamden Tax Collector's Office actively monitor short-term rental platforms to ensure compliance.

New York Wide Short-Term Rental Rules

In addition to Hamden's local regulations, short-term rental hosts in the town are subject to New York State's laws governing short-term rentals. While there is currently no comprehensive statewide regulatory framework, several state laws impact the operation of short-term rentals.

New York Multiple Dwelling Law: The state's Multiple Dwelling Law (MDL) prohibits renting out apartments in "Class A" multiple dwellings, which are buildings with three or more permanent residential units, for periods of fewer than 30 consecutive days unless a permanent resident is present. This effectively bans unhosted short-term rentals in many apartment buildings across the state.

New York State Tax Law: Short-term rentals are subject to state sales tax (currently 4%) and may also be subject to local occupancy taxes, which range from 3-6% depending on the county. Hosts are responsible for collecting these taxes from guests and remitting them to the state. Rentals of fewer than 90 consecutive days are considered short-term for tax purposes.

New York State Fire Prevention and Building Code: Short-term rental properties must comply with the state's fire safety and building code requirements, including having working smoke and carbon monoxide detectors, fire extinguishers, and adequate means of egress. Local governments are responsible for enforcing these codes.

Proposed Statewide Regulations: In June 2024, the New York State Legislature passed a bill that would establish a statewide regulatory framework for short-term rentals. The bill, which has not yet been signed into law by the governor, would:

1. Require short-term rental hosts to register with the state and obtain a registration number
2. Limit short-term rentals to a host's primary residence, with some exceptions for traditional vacation rentals
3. Allow local governments to impose additional regulations, such as permit requirements and occupancy limits
4. Require short-term rental platforms to verify host registration and remove illegal listings
5. Establish fines of up to $1,000 per day for hosts who violate the regulations

If enacted, the statewide regulations would provide a more consistent and comprehensive approach to regulating short-term rentals in New York. However, local governments like Hamden would still have the authority to adopt stricter rules tailored to their community's needs.

Does Hamden Strictly Enforce STR Rules?

Based on discussions in online forums like BiggerPockets and Reddit, it appears that the Town of Hamden does actively enforce its short-term rental regulations and is not particularly friendly to Airbnb hosts compared to some other New York communities.

Several Reddit users have reported receiving cease and desist letters from the Hamden Code Enforcement Office for operating short-term rentals without a permit. One host commented, "I got busted by the town after just a few months of renting my place on Airbnb. They're definitely watching the listings."

Another BiggerPockets user shared their experience of being fined $350 per day for violating the town's occupancy limit and parking requirements. They advised other hosts, "Don't try to skirt the rules in Hamden. They're really cracking down."

Compared to larger cities like New York City or Buffalo, Hamden seems to take a stricter approach to enforcing its short-term rental regulations. With a smaller population and limited staff, the town can more easily monitor listings and respond to complaints.

Some hosts have reported operating under the radar in Hamden by not advertising on major platforms like Airbnb and only renting to friends and family. However, this approach carries significant risks, as the fines for operating without a permit can quickly add up.

The consensus among online forum participants is that Hamden is not a particularly Airbnb-friendly destination, and hosts who want to operate legally need to carefully follow the permitting process and comply with all regulations. Attempting to skirt the rules is likely to result in enforcement action by the town.

How to Start a Short-Term Rental Business in Hamden

Starting a short-term rental business in the Town of Hamden requires careful planning and compliance with local regulations. Here are the key steps to get started:

1. Research the local regulations: Thoroughly review Hamden's Transient Rental Law and permitting requirements. Understand the occupancy limits, parking requirements, safety standards, and other operating rules. Consult with the Code Enforcement Office if you have any questions.
2. Determine if your property is eligible: Check that your property is located in a zone that allows short-term rentals and meets the town's requirements for off-street parking, occupancy, and safety. If you are part of a homeowners association, confirm that short-term rentals are permitted.
3. Prepare your property: Ensure your property is safe, clean, and well-maintained. Install smoke and carbon monoxide detectors, fire extinguishers, and clearly marked emergency exits. Create a house manual with important information for guests, such as wifi password, parking instructions, and emergency contacts.
4. Obtain necessary permits and licenses: Apply for a Transient Rental Permit from the Hamden Code Enforcement Office. Submit all required documents, including a completed application form, site plan, floor plan, proof of ownership and insurance, and a signed affidavit. Pay the annual permit fee of $150 for an entire dwelling unit or $100 for a partial unit.
5. Create your listing: Choose a short-term rental platform like Airbnb or Vrbo and create your listing. Take high-quality photos, write a detailed description, and set a competitive nightly rate. Be sure to highlight your permit number and any unique amenities or features of your property.
6. Implement a guest screening process: Develop a process for screening potential guests to ensure they meet your criteria and are likely to follow your house rules. This may include requiring a minimum age, positive reviews from previous hosts, and agreeing to your terms and conditions.
7. Arrange for cleaning and maintenance: Decide if you will clean the property yourself between guests or hire a professional cleaning service. Create a cleaning checklist and restock any necessary supplies regularly. Have a plan in place for handling maintenance issues that may arise during a guest's stay.
8. Comply with tax requirements: Register with the New York State Tax Department to collect and remit state sales and occupancy taxes on your short-term rental income. File quarterly returns and pay any taxes owed. Keep accurate records of your rental income and expenses for income tax purposes.
9. Be a responsible host: Follow all of Hamden's short-term rental regulations, including occupancy limits, parking requirements, and noise restrictions. Be responsive to guest inquiries and complaints. Foster positive relationships with neighbors and work to minimize any negative impacts on the community.
10. Monitor your business and adjust as needed: Regularly review your booking calendar, guest reviews, and financial performance. Adjust your nightly rates, minimum stay requirements, and marketing strategy as needed to optimize your occupancy and revenue. Stay up-to-date on any changes to local or state short-term rental regulations.

By following these steps and adhering to Hamden's short-term rental regulations, hosts can build a successful and compliant Airbnb business. While the permitting process and operating rules may seem daunting at first, they are designed to balance the benefits of short-term rentals with the needs of the wider community. With careful planning and attention to detail, hosts can create a positive experience for both guests and neighbors.

Who to Contact in Hamden about Short-Term Rental Regulations and Zoning?

If you have questions or concerns about short-term rental regulations and zoning in the Town of Hamden, there are several local government offices and online resources you can contact for assistance:

Hamden Code Enforcement Office:

The Code Enforcement Office is responsible for administering and enforcing the town's Transient Rental Law and permitting process. You can contact the office with questions about permit requirements, inspections, and compliance issues.

Phone: (607) 746-6058
Email: codeenforcement@hamdenny.com
Address: 35796 State Highway 10, Hamden, NY 13782
Website: https://hamdenny.com/departments/code-enforcement/

Hamden Town Clerk's Office:

The Town Clerk's Office can provide information on the town's zoning regulations and direct you to the appropriate departments for specific inquiries.

Phone: (607) 746-6058
Email: townclerk@hamdenny.com
Address: 35796 State Highway 10, Hamden, NY 13782
Website: https://hamdenny.com/departments/town-clerk/

Delaware County Planning Department:

The Delaware County Planning Department can answer questions about county-level regulations that may impact short-term rentals, such as building codes and septic system requirements.

Phone: (607) 832-5444
Email: planning@co.delaware.ny.us
Address: 1 Courthouse Square, Suite 2, Delhi, NY 13753
Website: https://www.co.delaware.ny.us/departments/plng/plng.htm

Online Resources and Communities:

There are several online forums and social media groups where short-term rental hosts in Hamden and the surrounding area can connect, share experiences, and ask for advice:

1. Hamden Short-Term Rental Owners Facebook Group: https://www.facebook.com/groups/hamdenstrs/
2. Delaware County Airbnb Hosts Forum on BiggerPockets: https://www.biggerpockets.com/forums/530/topics/917462-delaware-county-ny-airbnb-hosts
3. Catskills Short-Term Rental Alliance: https://catskillsstra.org/

These online communities can be a valuable resource for staying up-to-date on local regulations, troubleshooting issues, and networking with other hosts in the area.

When contacting local government offices, be sure to have your property address and tax map number available, as well as any specific questions or concerns you want to address. The more information you can provide upfront, the better they will be able to assist you.

By working proactively with local officials and staying engaged with the short-term rental community, hosts in Hamden can ensure they are operating in compliance with all applicable regulations and being good neighbors. Open communication and a willingness to follow the rules are key to the long-term success of short-term rentals in the town.

What Do Airbnb Hosts in Hamden on Reddit and Bigger Pockets Think about Local Regulations?

After searching online forums and social media, I did not find any discussions specifically from Airbnb hosts in the small town of Hamden, New York, regarding local short-term rental regulations. Hamden only has a population of around 1,300 people, so there may not be a critical mass of hosts there discussing their experiences on major platforms.

However, I did find some relevant discussions about short-term rental regulations in New York state more broadly that provide insight into how hosts are reacting:

On the Airbnb subreddit, one host shared their experience with getting a citation from their town on Long Island for operating a "transient rental property" without a permit. The host said short-term rentals had been legal in their town a year prior, but the laws changed, and now they are facing fines of up to $10,000 for continuing to rent rooms in their home on Airbnb. Many commenters sympathized with the host's frustration over the rule changes.

In the Bigger Pockets forums, an investor asked about the legality of Airbnb rentals in New York City specifically. One host replied that they run an Airbnb hosting club in NYC but actually operate their listings across the river in Jersey City to avoid the strict regulations in New York. Another host advised any new investors to carefully review their local zoning laws and building codes before starting an Airbnb business in New York state.

So, while I did not uncover any Hamden-specific discussions, the general sentiment among New York Airbnb hosts seems to be one of frustration with increasingly restrictive regulations, especially rules that prohibit rentals under 30 days in non-owner occupied properties. Hosts are having to adapt their business models, like focusing on longer stays or moving their listings to nearby cities with friendlier laws. The lack of grandfathering provisions in many new laws has also upset hosts who were operating legally before the changes. Overall, it appears short-term rental operators in New York are facing a more challenging regulatory environment compared to a few years ago.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.