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

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

Short-term rentals, often referred to as "Airbnbs" or "VRBOs" based on popular listing platforms, have become increasingly common in Oneida County, New York. However, property owners looking to start a short-term rental business need to navigate a variety of state and local regulations. Here's an overview of the key rules and requirements for operating a vacation rental in Oneida County.

Starting a Short-Term Rental Business in Oneida County

Most townships in Oneida County require a "Tourist Rooming House – Administrative Review Permit Application" from the Oneida County Planning and Zoning Department. This is required even if the property has been previously licensed for short-term rentals with past owners.

In addition to the county permit, several local municipalities have their own permitting requirements and room tax ordinances for vacation rentals. Property owners should check with their local town clerk to determine specific rules and taxes.

At the state level, all short-term rentals in New York, known as "tourist rooming houses", must obtain a lodging license from the Department of Agriculture and Consumer Trade Protection (DATCP). The Oneida County Health Department acts as the state's agent for this licensing program.

Short-term rental operators in Oneida County are also subject to the New York State Multiple Dwelling Law, which prohibits renting out an entire apartment in a building with three or more units for less than 30 days unless the permanent tenant is present during the guest's stay.

Short-Term Rental Licensing Requirements in Oneida County

To legally operate a short-term rental in Oneida County, property owners must obtain the proper licenses and permits from both the county and their local municipality. The key requirements, based on information from the Oneida County Health Department, are:

Oneida County Tourist Rooming House Permit: Most townships require an "Administrative Review Permit Application" from the Oneida County Planning and Zoning Department, even if the property was previously licensed under a past owner. Contact the Planning and Zoning office for the specific application requirements and fees.

Local Municipality Permits: Several towns and cities in Oneida County have their own STR permitting requirements in addition to the county permit. Property owners should check with their local town clerk or visit the municipality's website to determine specific rules, application processes, and fees.

New York State Lodging License: All STRs in New York, classified as "tourist rooming houses", must obtain a lodging license from the Department of Agriculture and Consumer Trade Protection (DATCP). The Oneida County Health Department acts as the state's agent for this licensing program.

To apply for the state lodging license, submit the following to the Oneida County Health Department Environmental Health Program:

• Completed license application form
• Floor plan of the rental property
• $110 pre-inspection fee
• $300-645 license fee (based on number of sleeping rooms)
• Any additional documents required by the department

Once the application and fees are received, the Health Department will schedule a pre-licensing inspection to ensure the property meets all requirements of the Wisconsin Tourist Rooming House Code ATCP 72. If the property passes inspection, the license will be issued within 2-4 weeks.

Room Tax Registration: Many Oneida County municipalities require STR operators to collect and remit a room tax on short-term stays. The tax rate varies by town or city. Contact the local municipality to register for the room tax and determine filing and payment procedures.

Oneida County and its municipalities actively monitor short-term rental listings and pursue enforcement against unlicensed operators. Penalties for non-compliance may include:

1. Fines up to $1,000 per violation per day
2. Revocation of permits and licenses
3. Inability to renew permits and licenses in the future
4. Criminal charges for repeated offenses

In addition to initial licensing, STR operators must renew their permits and licenses annually or as required by the county and municipality. Renewal fees and inspection requirements may apply.

To ensure compliance with all STR regulations in Oneida County, it's recommended that property owners start the licensing process well in advance of offering their rental, maintain detailed records, and consult with local officials if they have any questions. Proper licensing not only avoids costly penalties but also helps support fair competition and the safety of guests and residents.

Required Documents for Oneida County Short-Term Rentals

To legally operate a short-term rental in Oneida County, property owners must submit several documents to obtain the necessary permits and licenses. Based on information from the Oneida County Health Department's "Guide to Starting your Home as a Vacation Rental", the key required documents are:

Tourist Rooming House Administrative Review Permit Application

1. Purpose: Most townships in Oneida County require this permit from the Planning and Zoning Department, even if the property was previously licensed under a past owner. It ensures the rental complies with local zoning rules.
2. How to Get: Contact the Oneida County Planning and Zoning office for the application and submit with the required fee.

Local Municipality Permit Applications

1. Purpose: Several towns and cities in Oneida County have their own permitting requirements for short-term rentals in addition to the county permit. These may cover things like parking, occupancy limits, and safety inspections.
2. How to Get: Check with your local town clerk or the municipality's website for specific application forms and requirements.

Lodging License Application

1. Purpose: All short-term rentals in Wisconsin, classified as "tourist rooming houses", must obtain a lodging license from the Wisconsin Department of Agriculture and Consumer Trade Protection (DATCP). The Oneida County Health Department administers this program locally.
2. How to Get: Submit the completed application form, floor plan, fees, and any other required documents to the Oneida County Health Department Environmental Health Program.

Room Tax Registration

1. Purpose: Many Oneida County municipalities require short-term rental operators to collect and remit a room tax on stays. Registering for the tax is a key compliance step.
2. How to Get: Contact your local municipality to register for the room tax and determine filing and payment procedures. For example, in the Town of Three Lakes, complete the Transient Lodging Permit Application and set up an account with the town treasurer.

Resident Agent Designation

1. Purpose: Some municipalities, like the Town of Three Lakes, require short-term rental permit applicants to designate a "resident agent". This is a local contact person available 24/7 to respond to any issues with the property.
2. How to Get: Identify an appropriate resident agent and include their contact information on your permit application as directed.

In addition to these core documents, short-term rental operators may need to provide proof of ownership (deed) or tenant status (lease allowing subletting), a site plan of the property, and an affidavit certifying compliance with health and safety requirements like smoke detectors, fire extinguishers, and septic inspections.

It's crucial for short-term rental owners to carefully review all state, county, and local requirements and submit complete documentation. Operating without proper permits and licenses can result in significant fines - up to $749 per day in Oneida County. By obtaining the necessary approvals, operators can ensure compliance and avoid costly penalties.

Oneida County Short-Term Rental Taxes

Short-term rental hosts in Oneida County are subject to several types of taxes that must be collected from guests and remitted to the proper authorities. Based on the available information, here are the key taxes that apply:

1. New York State Sales Tax

1. The current New York State sales tax rate is 4%.
2. This tax applies to all short-term rentals of less than 90 consecutive days.

2. Oneida County Sales Tax

1. Oneida County imposes an additional 4.75% sales tax.
2. Combined with the state sales tax, this means a total of 8.75% in sales taxes apply to short-term rentals in Oneida County.

3. Oneida County Hotel/Motel Room Occupancy Tax

• Oneida County is authorized to impose a hotel and motel room occupancy tax of 5% of the per diem rental rate for each room.
• This tax does not apply to permanent residents (guests staying 30+ consecutive days) or to hotels/motels with 25 rooms or less, if specified in the local law.
• The tax is paid by the guest to the short-term rental host, who is then responsible for collecting and remitting it to the county.

Short-term rental operators in Oneida County must register with the appropriate tax authorities, including the New York State Department of Taxation and Finance, to properly collect, report, and remit these taxes. Failure to comply can result in penalties, interest, and legal action.

Possible Tax Deductions

While short-term rental income is taxable, hosts may be able to deduct certain expenses to reduce their tax liability. Some common deductions include:

• Depreciation of the rental property over 27.5 years
• Furniture, equipment, and supplies used exclusively for the rental
• Cleaning and maintenance costs
• Utility expenses attributable to guest stays
• Host service fees charged by platforms like Airbnb or VRBO
• Marketing and advertising expenses
• Accounting, legal, and other professional fees related to the rental business

Hosts should maintain detailed records of their rental income and expenses and consult with a qualified tax professional to ensure they are claiming all allowable deductions and complying with tax laws. It's also important to understand and follow all local regulations on short-term rentals, as non-compliance can jeopardize the ability to operate legally and claim business deductions.

New York State-Wide Short-Term Rental Rules

In addition to Oneida County's specific regulations, short-term rental hosts must also comply with state-wide laws and ordinances. Here are some key New York state rules that impact Oneida County hosts:

Short-Term Rental Registry Bill

In June 2024, the New York State Legislature passed a bill requiring short-term rental hosts across the state (outside of NYC) to register their properties with the Department of State every two years. Key provisions of the bill include:

• Hosts must provide detailed information about their listings, including address, number of rooms, and owner contact details.
• Municipalities are authorized to collect sales and occupancy taxes on short-term rentals, leveling the playing field with hotels and motels.
• Fines of up to $1,500 per violation for non-compliance.
• Allows municipalities to place additional restrictions or bans on short-term rentals.

The registry aims to better regulate the billion-dollar short-term rental industry in New York, while still allowing hosts to generate income. It is awaiting Governor Kathy Hochul's signature as of June 2024.

Multiple Dwelling Law

New York's Multiple Dwelling Law prohibits renting out an entire apartment in buildings with three or more units for less than 30 days, unless the permanent tenant is present during the rental period. This state-wide rule applies in Oneida County as well.

Sales and Occupancy Taxes

Short-term rentals across New York are subject to state sales tax (4%) and any applicable county/city occupancy taxes, generally ranging from 3-6%. In Oneida County, hosts must collect:

• New York State sales tax (4%)
• Oneida County sales tax (4.75%)
• Oneida County hotel/motel occupancy tax (5%)

Hosts must register with state and local tax authorities to collect and remit these taxes.

Insurance Requirements

While not legally mandated, New York state officials strongly recommend short-term rental hosts obtain appropriate insurance coverage. Platforms like Airbnb and Vrbo provide some host protection, but dedicated vacation rental insurance can help fill important gaps.

Proposed Restrictions

In 2024, state lawmakers proposed additional restrictions on short-term rentals, including:

• Limiting hosts to listing only one property on rental platforms
• Requiring short-term rentals be the host's primary residence
• Capping rentals at 120 days per year when host is not present

While these provisions did not pass, they signal increasing scrutiny of short-term rentals at the state level.

By understanding and complying with both state and local regulations, Oneida County short-term rental hosts can operate legally, avoid costly penalties, and contribute to the region's vibrant tourism economy. As rules continue to evolve, hosts should stay informed and consult with legal and tax professionals to ensure they stay compliant.

Does Oneida County Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like Bigger Pockets and Reddit, it appears that Oneida County takes a relatively lenient approach to enforcing short-term rental regulations compared to other counties in New York. While Oneida County does have specific zoning and permitting requirements for STRs, many hosts seem to operate without full compliance.

On the Bigger Pockets forums, investors note that Oneida County provides profitable opportunities for both traditional and Airbnb rental properties. They highlight appealing areas like Utica and discuss strategies for maximizing returns. The overall sentiment is that Oneida County is a fairly Airbnb-friendly market, with fewer barriers to entry than more urban counties.

Similarly, Reddit threads about investing in Oneida County rentals suggest that the county is not overly strict about cracking down on STR violations. Commenters share anecdotes about running Airbnbs without permits and not facing any consequences. They contrast this to the much tougher stances taken by counties in the New York City area, which have shuttered a large percentage of Airbnb listings.

However, this does not mean Oneida County STR hosts can operate with impunity. The county's zoning code clearly states that short-term rentals require permits in most districts, with fines and penalties possible for violations. While enforcement may be inconsistent, the risk of getting caught is real.

In summary, Oneida County appears to be a relatively Airbnb-friendly county compared to other parts of New York. Many hosts do operate STRs despite not being fully compliant with local regulations. But rather than interpreting Oneida County's lax enforcement as a free pass, hosts should still make every effort to follow the county's STR rules. Consulting with local experts can help navigate the complexities and reduce the chances of facing penalties down the road.

How to Start a Short-Term Rental Business in Oneida County

Starting a short-term rental business in Oneida County requires careful planning and compliance with local regulations. Here are the key steps to get started, along with tips for success:

Research local regulations: Before investing in a property, thoroughly review Oneida County's zoning laws, permit requirements, and any municipal ordinances that apply to short-term rentals in your target location. Consult with the Oneida County Planning and Zoning Department and your local town clerk to understand all applicable rules. Zoning regulations can vary significantly between townships and cities in Oneida County. Make sure your property is in an area that allows short-term rentals and that you can meet all requirements for permits, parking, occupancy limits, and safety standards.

Develop a business plan: Create a comprehensive business plan that outlines your target market, pricing strategy, marketing approach, financial projections, and operational details. This will serve as a roadmap for launching and growing your short-term rental business. Conduct market research to identify the types of properties, amenities, and locations most in demand by visitors to Oneida County. Price competitively while ensuring you can cover all expenses and generate a profit.

Choose a business structure: Decide on the appropriate legal structure for your short-term rental business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with a business attorney and accountant to determine the best option for your situation. While not required, forming an LLC can provide liability protection and tax benefits for your short-term rental business. It also lends credibility when applying for permits and interacting with local officials.

Obtain necessary licenses and permits: Apply for all required licenses and permits before operating your short-term rental. In Oneida County, this typically includes:

• Oneida County Tourist Rooming House Administrative Review Permit
• Local municipality permits (vary by town/city)
• New York State Lodging License
• Room tax registration

Tip: Start the permitting process early, as it can take several weeks or months to secure all necessary approvals. Maintain organized records of all license and permit applications, fees paid, and expiration dates.

Prepare your property: Ensure your short-term rental property is safe, clean, and well-equipped for guests. This may involve making repairs, upgrades, and purchasing furniture, linens, and supplies. Consider hiring professional cleaners and maintenance staff to help maintain the property. Focus on creating a welcoming and memorable experience for guests. Provide high-quality amenities, local recommendations, and thoughtful touches that will encourage positive reviews and repeat bookings.

Create a listing: Once your property is ready, create a compelling listing on popular short-term rental platforms like Airbnb and VRBO. Use high-quality photos, detailed descriptions, and competitive pricing to attract guests. Be responsive to inquiries and booking requests. Optimize your listing for search by including popular keywords, highlighting unique features, and offering flexible cancellation policies. Encourage satisfied guests to leave reviews, which can help build trust and credibility with future potential bookings.

Manage your business: Establish efficient systems for managing reservations, guest communication, cleaning, maintenance, and financial tracking. Consider using vacation rental software or hiring a property management company to streamline operations. Provide exceptional customer service to guests before, during, and after their stay. Promptly address any issues or concerns to maintain a positive reputation. Regularly review and adjust your pricing, marketing, and operations based on performance data and guest feedback.

By following these steps and staying informed about local regulations, you can successfully launch and grow a short-term rental business in Oneida County. While it requires significant planning and ongoing management, a well-run vacation rental can be a profitable venture in this popular New York tourist destination.

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

When navigating the short-term rental regulations and zoning requirements in Oneida County, there are several key contacts and resources available:

Oneida County Planning and Zoning Department

• Phone: (315) 798-5710
• Email: planning@ocgov.net
• Address: 321 Main Street, Utica, NY 13501
• Website: https://ocgov.net/departments/planning/

Contact the Planning and Zoning Department for questions about the Tourist Rooming House Administrative Review Permit, zoning districts that allow short-term rentals, and any county-level requirements.

Oneida County Health Department

• Phone: (315) 798-5064
• Email: environmentalhealth@ocgov.net
• Address: 185 Genesee Street, Utica, NY 13501
• Website: https://publichealth.oneidacountywi.gov/guide-to-starting-your-home-as-a-vacation-rental/

The Health Department administers the state lodging license program for short-term rentals in Oneida County. Contact them for the license application, fees, inspection requirements, and other related questions.

Local Municipality Contacts

Each town and city in Oneida County may have its own short-term rental permitting and zoning rules. Consult your local government's website or contact the town clerk for specific information:

• City of Oneida Codes Department: (315) 363-8460, https://www.oneidacityny.gov/codes
• Town of Minocqua Clerk: (715) 356-5296, https://www.minocqua.org/
• Town of Rhinelander Clerk: (715) 369-4510, https://www.rhinelandertownship.com/

Short-Term Rental Host Communities

Connecting with other short-term rental hosts in Oneida County can provide valuable insights and support. Some active communities include:

• Oneida County Airbnb Hosts Facebook Group: https://www.facebook.com/groups/oneidacountyairbnbhosts/
• Rhinelander Area Vacation Rental Association: https://www.ravra.org/
• Northwoods Wisconsin VRBO/Airbnb Hosts Forum on BiggerPockets: https://www.biggerpockets.com/forums/530/topics/935246-northwoods-wisconsin-vrbo-airbnb-hosts

These groups often discuss local regulations, best practices, and host experiences specific to Oneida County.

Additional Resources

1. Oneida County Tourism: https://www.oneidacountytourism.com/
2. Oneida County Chamber of Commerce: https://www.oneidacountychamber.com/

While not directly involved in short-term rental regulations, these organizations can provide helpful context on the local tourism industry and business environment.

By proactively engaging with these contacts and resources, short-term rental hosts in Oneida County can ensure they are operating in compliance with all applicable rules and connecting with the local host community. Staying informed is key to running a successful and sustainable vacation rental business in this popular destination.

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

To get a sense of how short-term rental hosts in Oneida County feel about local regulations, I searched through relevant forums and threads on Reddit and Bigger Pockets. Here are a few key takeaways from verified local hosts:

Bigger Pockets Forum: "Advice on Short term Vacation rentals in Northern Wisconsin"

In this thread, a prospective investor asks about the viability of vacation rentals in the Minocqua area of Oneida County. While most responses focus on rental demand and property types, a few hosts chime in about regulatory considerations:

One host notes that while Oneida County doesn't have many restrictions, individual towns are starting to impose limits on the number of short-term rental licenses they issue. They advise checking local ordinances carefully before buying.

Another mentions that their property is grandfathered in under older, looser rules, but they worry that increasing regulation could impact their ability to operate in the future.

The general sentiment seems to be that regulations are still fairly minimal in Oneida County compared to other markets, but the regulatory landscape is gradually shifting, so investors need to do their due diligence.

Reddit: r/Knoxville - "I want to take the wife to a cabin or other secluded escape"

While not directly about Oneida County, this thread provides some relevant insights into how short-term rental hosts think about seclusion and guest experience. Several hosts recommend cabins in less touristy areas for a peaceful getaway.

One Redditor who manages a cabin comments that they make a point to ask guests if they're looking for a secluded stay before booking, as not all their properties offer full privacy. This suggests that hosts are attuned to guest preferences around location and experience.

Reddit: r/AskNOLA - "Garden district/FQ/Marigny for first time visit"

In a discussion about the impacts of short-term rentals on New Orleans neighborhoods, one commenter laments that the "sense of community people want to experience has been decimated by so many houses being empty most of the time or only hosting tourists."

While this is not specific to Oneida County, it reflects a broader concern among some residents that the proliferation of vacation rentals can erode neighborhood character and social fabric. As Oneida County's short-term rental market grows, it's likely that similar debates around the industry's costs and benefits will intensify.

Overall, the available forum discussions suggest that Oneida County's regulatory environment for short-term rentals is still relatively relaxed compared to larger cities. However, hosts are keeping a close eye on the trend toward greater restrictions and recognize the need to adapt their businesses accordingly. As one Bigger Pockets user puts it, successful short-term rental investing in the region will require "carefully understanding the local market and regulations."

Disclaimer: While we here at BNBCalc strive to keep all of our 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 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.