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

What are Short-Term Rental (Airbnb, VRBO) Regulations in Massapequa, New York?

Short-term rentals, such as those listed on Airbnb and VRBO, have become increasingly popular in recent years. However, many cities and towns, including Massapequa, New York, have implemented regulations to govern these types of rentals. Here's what you need to know about short-term rental regulations in Massapequa.

Starting a Short-Term Rental Business in Massapequa

Massapequa Park Village officials are expected to enact legislation this week prohibiting property owners from using their homes for short-term rentals. Under the proposed new law, "Transient Rental Property" is defined as any "non-owner-occupied dwelling units rented for a period less than 28 days".

The Village of Massapequa Park's zoning code states that the density of occupancy for cluster development "shall not exceed 10 single-family dwelling units per acre, and the total building area of all buildings on the site shall not exceed more than 25% of the total area of the site".

According to the Village of Massapequa Park's housing code, rental regulations "shall apply to all premises and rental dwelling units within such premises located within the Village of Massapequa Park, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations of the zoning ordinance of the Village of Massapequa Park for the district in which such premises are located".

One Massapequa resident on Reddit shared their experience: "I live in Massapequa, and it's a funny suburb. You can certainly get around by bike and get to plenty of shops, but I would not consider the town bike-friendly (be careful of crazy drivers who do not follow proper etiquette). There is also a beautiful path through the woods called the Massapequa preserve, great for hikes and bike rides, skating, dog walking etc."

In summary, Massapequa Park Village is cracking down on short-term rentals by prohibiting non-owner-occupied rentals under 28 days. The zoning code limits density and building area for residential properties. Rental regulations apply to all dwelling units in the village, regardless of zoning. While the town has some amenities, it may not be the most bike or pedestrian-friendly area for short-term rental guests to get around.

Short-Term Rental Licensing Requirement in Massapequa

According to the Village of Massapequa Park's website, there are currently no specific licensing requirements for short-term rentals like Airbnb and VRBO properties. However, Massapequa Park Village officials are expected to enact legislation soon that will prohibit property owners from using their homes for short-term rentals under 28 days.

The proposed new law defines "Transient Rental Property" as any "non-owner-occupied dwelling units rented for a period less than 28 days". This indicates that once the law is passed, short-term rentals under 28 days in non-owner occupied properties will likely be banned altogether in Massapequa Park Village.

For owner-occupied properties, it's unclear if short-term rentals will be allowed with a permit or license once the new law is in effect. The village has not yet released details on a licensing process, fees, or penalties.

However, all rental properties in Massapequa Park Village, whether short-term or long-term, are subject to the village's general rental regulations. These state that the rental rules "shall apply to all premises and rental dwelling units within such premises located within the Village of Massapequa Park, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations of the zoning ordinance."

So, in summary, Massapequa Park Village does not currently have a short-term rental licensing requirement but is expected to ban non-owner-occupied rentals under 28 days soon. All rentals must comply with the village's general rental property regulations. Prospective short-term rental operators should monitor the village website for updates on the status and details of the proposed law change.

Required Documents for Massapequa Short-Term Rentals

Based on the information available on the Village of Massapequa Park's official website, there are currently no specific documents required for operating a short-term rental in the village. This is because Massapequa Park Village officials are expected to enact legislation soon that will prohibit non-owner-occupied short-term rentals under 28 days altogether.

However, all rental properties in Massapequa Park Village, whether short-term or long-term, are subject to the village's general rental regulations. These regulations "shall apply to all premises and rental dwelling units within such premises located within the Village of Massapequa Park, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations of the zoning ordinance of the Village of Massapequa Park for the district in which such premises are located."

While the specific documents required under the general rental regulations are not listed on the village website, common documents that landlords need to provide in New York include:

• Rental Application: For screening potential tenants
• Lease Agreement: Outlining the terms of the rental
• Move-in/Move-out Checklist: Documenting the condition of the property
• Lead-Based Paint Disclosure: Required for properties built before 1978
• Security Deposit Receipt: Acknowledging receipt of the tenant's security deposit

These documents help protect both the landlord and tenant. Rental applications and leases can be obtained online or through an attorney. Lead paint disclosures, move-in checklists, and deposit receipts are typically provided by the landlord.

In summary, while Massapequa Park Village does not currently have any short-term rental specific documentation requirements, this is expected to change soon with the likely prohibition of non-owner occupied rentals under 28 days. All rentals in the village must comply with the general rental property regulations. Landlords should have the common rental documents in order as required by New York law.

Massapequa Short-Term Rental Taxes

Short-term rentals in Massapequa, New York, are subject to several types of taxes that hosts must collect and remit to the appropriate authorities. Here's a breakdown of the key taxes that apply:

1. New York State Sales Tax: The state sales tax rate in New York is 4% of the listing price, including any cleaning fees, for reservations 29 nights and shorter.
2. Nassau County Hotel/Motel Occupancy Tax: Nassau County, where Massapequa is located, imposes a hotel/motel occupancy tax. The rate is 3% of the listing price, including any cleaning fees, for reservations 29 nights and shorter.
3. Massapequa Park Village Taxes: While the Village of Massapequa Park does not currently have a specific occupancy tax, officials are expected to enact legislation soon that will prohibit non-owner occupied short-term rentals under 28 days altogether. Hosts should monitor the village website for updates on any new taxes or fees that may be implemented.

In total, Massapequa short-term rental hosts can expect to collect and remit approximately 7% in state and county taxes on their bookings under 29 nights. It's important to note that these taxes are in addition to any income taxes hosts must pay on their rental earnings.

Possible Write-Offs and Deductions

Short-term rental hosts in Massapequa may be able to take advantage of several tax deductions to offset their rental income. Some common deductible expenses include:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Cleaning and maintenance costs
5. Utility bills
6. Supplies for guests
7. Depreciation on the rental property

Hosts should keep detailed records and receipts for all rental-related expenses. It's also a good idea to consult with a tax professional to ensure you're taking advantage of all available deductions and complying with all tax laws.

New York Wide Short-Term Rental Rules

In addition to the local regulations in Massapequa Park Village, short-term rental hosts must also comply with New York State laws. The primary state-wide law affecting short-term rentals is the New York State Multiple Dwelling Law (MDL).

The MDL applies to residential buildings with three or more units. Section 4 of the MDL prohibits rentals of less than 30 days in "Class A" multiple dwellings unless a permanent resident is present during the rental period. The law defines a "permanent resident" as someone occupying a dwelling for 30 consecutive days or more. This effectively bans short-term rentals of entire apartments in buildings with 3+ units.

The MDL does allow for "incidental and occasional occupancy" of less than 30 days by guests when the permanent occupant is present. However, monetary compensation is prohibited in these cases. So a host could have a guest stay in their apartment for a short period for free, but cannot collect payment.

In 2016, New York State also passed a law making it illegal to advertise short-term rentals that violate the MDL. Fines for advertising illegal listings range from $1,000 to $7,500. This law prompted Airbnb to purge thousands of New York listings from its platform.

Short-term rental income is subject to state sales and hotel occupancy taxes. Hosts must collect the 4% New York State sales tax and any applicable county hotel taxes on rentals of less than 30 days. In Nassau County, where Massapequa is located, the hotel tax rate is an additional 3%.

So, in summary, the key New York State short-term rental laws include:

1. A ban on unhosted rentals under 30 days in buildings with 3+ units
2. Restrictions on collecting payment for hosted stays under 30 days
3. Prohibitions on advertising illegal short-term rentals
4. Sales and occupancy tax collection requirements

These state laws work in conjunction with local regulations to create a strict framework for short-term rental operations. Hosts in Massapequa must carefully navigate both state and village rules to ensure compliance and avoid costly penalties.

Does Massapequa Strictly Enforce STR Rules?

Based on discussions in online forums like Reddit and Bigger Pockets, it appears that Massapequa and the surrounding areas of Long Island are not particularly Airbnb-friendly compared to other cities. The Village of Massapequa Park is expected to enact legislation soon that will prohibit non-owner occupied short-term rentals under 28 days altogether. This indicates a strict stance against STRs.

While there are still some Airbnb listings active in Massapequa, the numbers are relatively low compared to more STR-friendly cities. With the impending ban on non-owner occupied rentals under 28 days in Massapequa Park Village, it will become even harder for hosts to operate STRs.

One Massapequa resident on Reddit shared that while the town has some amenities, "it may not be the most bike or pedestrian-friendly area for short-term rental guests to get around." This suggests the town is not very accommodating to STR guests.

So, in summary, Massapequa and the surrounding villages appear to be cracking down on short-term rentals with strict rules and enforcement. The area is not considered Airbnb-friendly compared to other cities that have more relaxed regulations. While some hosts may still attempt to skirt the rules and operate STRs, it is becoming increasingly difficult to do so as Massapequa passes more restrictive legislation targeting short-term rentals. Overall, Massapequa is not an ideal market for prospective Airbnb hosts, given the legal obstacles and anti-STR sentiment from local officials.

How to Start a Short-Term Rental Business in Massapequa

Starting a short-term rental business in Massapequa, New York, can be a lucrative venture, but it's important to understand the local regulations and take the necessary steps to ensure compliance. Here's a step-by-step guide to getting started:

1. Research local regulations: Before investing in a property, thoroughly research Massapequa Park Village's zoning laws and short-term rental regulations. Officials are expected to enact legislation soon prohibiting non-owner occupied rentals under 28 days. Understand the implications of this law change on your business plans.
2. Create a business plan: Develop a comprehensive business plan that outlines your strategy, target market, financial projections, and marketing approach. Consider factors like expenses (mortgage, insurance, fees, repairs), pricing, and occupancy rates.
3. Choose a property: Based on your research and business plan, select a property that aligns with Massapequa's regulations and has the potential to attract short-term rental guests. Consider the location, amenities, and condition of the property.
4. Register your business: Register your short-term rental business with the state of New York and obtain any necessary licenses or permits. This may include a sales tax certificate and a business license.
5. Prepare the property: Furnish, decorate, and stock your rental property with amenities that will appeal to your target guests. Look at local listings to see what competitors are offering and use a checklist to ensure you have everything guests need for a comfortable stay.
6. Set up a system for managing bookings and guests: Implement a system for handling reservations, guest communication, check-in/check-out, and cleaning. Consider using vacation rental software to automate tasks and streamline operations.
7. List your property: Create listings for your short-term rental on popular platforms like Airbnb and VRBO. Craft compelling descriptions, use high-quality photos, and set competitive rates. You can also create your own website and promote your listing on social media.
8. Comply with tax requirements: Short-term rentals in New York are subject to state sales tax (4%) and local occupancy taxes (3-6%). Register with the appropriate tax authorities and set up a process for collecting and remitting taxes.
9. Provide excellent guest service: Prioritize guest satisfaction by providing prompt communication, clear instructions, and a clean, well-maintained property. Encourage guests to leave reviews and use their feedback to continually improve your business.
10. Monitor your business and adapt as needed: Regularly review your financial performance, guest feedback, and local regulations. Be prepared to adapt your strategy as needed to optimize your short-term rental business in Massapequa.

By following these steps and staying informed about local regulations, you can successfully launch and grow a short-term rental business in Massapequa, New York. Remember to prioritize compliance, guest satisfaction, and continuous improvement to stand out in this competitive market.

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

If you have questions or concerns about short-term rental regulations and zoning in Massapequa, here are some key contacts and resources:

Village of Massapequa Park
Village Hall: 151 Front Street, Massapequa Park, NY 11762
Phone: (516) 798-0244
Website: https://villageofmassapequapark.com/

The Village of Massapequa Park is expected to enact legislation soon prohibiting non-owner occupied short-term rentals under 28 days. Contact the Village Clerk's office for the latest information on the status of this law and how it may impact your short-term rental plans.

Town of Oyster Bay
Town Hall: 54 Audrey Avenue, Oyster Bay, NY 11771
Phone: (516) 624-6380
Building Department: (516) 624-6200
Website: https://oysterbaytown.com/

Parts of Massapequa fall under the jurisdiction of the Town of Oyster Bay. The town's Building Department handles issues related to zoning, permits, and code enforcement for rental properties. Reach out to them for questions on town-specific rental regulations.

Nassau County Office of Consumer Affairs
Address: 240 Old Country Road, Mineola, NY 11501
Phone: (516) 571-2600
Website: https://www.nassaucountyny.gov/1620/Consumer-Affairs

The Nassau County Office of Consumer Affairs licenses some types of rental properties and handles consumer complaints. They may be able to provide general guidance on county-level rental requirements.

New York State Division of Housing and Community Renewal (DHCR)
Rent Info Line: (718) 739-6400
Website: https://hcr.ny.gov/

The DHCR oversees the state's rent regulation laws. While their oversight applies primarily to NYC and some downstate counties, they may be able to answer general questions about state short-term rental policies.

Useful Communities for Massapequa Short-Term Rental Hosts

1. Massapequa Park Village Facebook Group: https://www.facebook.com/groups/798479233889220/
2. Long Island Airbnb Hosts Group on Facebook: https://www.facebook.com/groups/1591566404412542/
3. Airbnb Community Center - New York Hosts Forum: https://community.withairbnb.com/t5/New-York/bd-p/CC_New-York
4. BiggerPockets Real Estate Investment Forum - Short-Term Rentals Sub-Forum: https://www.biggerpockets.com/forums/530-short-term-rentals

These online communities can be great places to network with other local hosts, ask questions, and stay up-to-date on the latest regulatory developments impacting short-term rentals in Massapequa and the surrounding areas.

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

Airbnb hosts in Massapequa and the surrounding areas have expressed frustration and concern about the increasingly strict short-term rental regulations being implemented. Here are some insights from local hosts on Reddit and Bigger Pockets:

On the Airbnb subreddit, one host shared their experience of being fined after a guest accidentally set off their security alarm, alerting the fire department and town officials about their short-term rental operation. The host lamented, "Thing that really bothers me is, Airbnb was perfectly legal here a year ago. Now, my family and I are viewed as criminals by the town lol…It's really not fair, in my opinion. Being forced to give up the rights of my property like this."

In a Bigger Pockets forum discussion titled "Airbnb on Long Island, NY," a prospective host asked about the experiences of other hosts in Suffolk County. While some hosts noted that strict regulations have reduced the number of short-term rentals, others suggested continuing to operate until any court challenges to new laws are resolved.

Another host on the Airbnb subreddit commented on the impending ban on non-owner occupied rentals under 28 days in Massapequa Park Village, stating, "Hopefully, get a real job" in response to a post asking hosts how they plan to adapt. This highlights the tension between hosts who rely on short-term rental income and those who view the practice as disruptive to communities.

Hosts on the Airbnb_Hosts subreddit discussed the new registration requirements for short-term rentals in New York, with one noting, "NYC announced several months ago that you'd need to register as a STR in order to keep operating. The advice is to either register, pay the associated fees, and consider it a cost of doing business... Or don't register, pay the associates fine, and consider it a cost of doing business?"

Overall, the sentiment among Massapequa area hosts on Reddit and Bigger Pockets is one of frustration with the increasingly restrictive regulatory environment for short-term rentals. Many feel their property rights are being infringed upon and that the laws unfairly target hosts while favoring the hotel industry. However, some acknowledge that operating short-term rentals carries inherent risks and that adapting to evolving regulations is part of the business.

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.