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

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

Patchogue is a village located in Suffolk County on the south shore of Long Island, New York. As short-term rental platforms like Airbnb and VRBO have grown in popularity, many municipalities have enacted regulations to address concerns about housing availability, safety, and neighborhood character. Here's an overview of the short-term rental landscape in Patchogue.

Starting a Short-Term Rental Business in Patchogue

If you're considering starting a short-term rental business in Patchogue, the first step is to understand the local regulations. The Village of Patchogue defines a "transient rental occupancy" as any rental of a residential property for a period of less than 28 consecutive days.

Under the village's zoning code, transient rentals are generally prohibited in residential districts, with a few exceptions:

• Owner-occupied bed and breakfasts with a special permit from the Planning Board
• Hotels and motels in designated zones
• Temporary housing for individuals displaced by natural disasters or other emergencies, with a permit from the Building Inspector

This means that renting out an entire home or apartment on Airbnb or VRBO for stays shorter than 28 days is not allowed in most cases. However, you may be able to operate a bed and breakfast if you live on the property and obtain the necessary approvals.

The village's rental permit requirements also apply to short-term rentals. Property owners must obtain a rental occupancy permit from the Building Department before offering any residential unit for rent, regardless of the length of stay. Failure to obtain a permit can result in fines of up to $5,000 or imprisonment for up to 15 days.

Real estate brokers and agents are prohibited from listing or advertising properties for transient rental in a manner that violates the village's zoning or rental permit rules. Doing so is considered a violation of the village code and a criminal offense under New York State penal law.

It's important to note that Suffolk County, where Patchogue is located, recently implemented a new 5.5% occupancy tax on short-term rentals that took effect on June 1, 2023. Hosts are responsible for collecting this tax from guests and remitting it to the county. However, the county tax does not supersede or preempt any local zoning restrictions on short-term rentals.

Before launching a short-term rental business in Patchogue, carefully review the village's zoning code and consult with the Building Department to ensure your plans comply with all applicable regulations. You may also want to connect with other local hosts through online forums and Facebook groups to learn from their experiences navigating the regulatory landscape.

Short-Term Rental Licensing Requirement in Patchogue

The Village of Patchogue requires all property owners who wish to rent out a residential unit, including for short-term stays, to obtain a rental occupancy permit from the Building Department. This requirement applies regardless of the length of the rental period.

To apply for a rental permit, owners must submit the following:

• A completed application form, available on the village website or from the Building Department office
• A floor plan of the rental unit, drawn to scale and showing all rooms, windows, doors, and means of egress
• A site plan of the property, showing the location of the rental unit, parking spaces, and any accessory structures
• A copy of the property deed or other proof of ownership
• A copy of the owner's driver's license or other government-issued photo ID
• Payment of the permit fee, which is $200 per unit for the initial application and $100 per unit for annual renewals

Applications can be submitted in person at the Building Department office or by mail to:

Village of Patchogue Building Department
14 Baker Street
P.O. Box 719
Patchogue, NY 11772

The Building Department will review the application and schedule an inspection of the rental unit to ensure it meets all applicable building, fire, and safety codes. If the unit passes inspection and the application is approved, the owner will be issued a rental occupancy permit valid for one year from the date of issuance.

Failure to obtain a rental permit before offering a unit for rent can result in significant penalties. The village code provides for fines of up to $5,000 or imprisonment for up to 15 days for each violation. Each day that a violation continues constitutes a separate offense.

In addition to the rental permit, short-term rental hosts in Patchogue must also register with Suffolk County and collect the 5.5% county occupancy tax from guests. Failure to register or remit taxes can result in additional fines and legal action by the county.

It's worth noting that obtaining a rental permit does not exempt a property from the village's zoning restrictions on short-term rentals. In most residential districts, transient rentals of less than 28 days are prohibited unless the property operates as a licensed bed and breakfast with a special permit from the Planning Board.

Before applying for a rental permit or listing a property on Airbnb or VRBO, owners should carefully review the village's zoning code and consult with the Building Department to ensure their plans are permissible. Investing time upfront to understand and comply with local regulations can help avoid costly fines and legal issues down the road.

Required Documents for Patchogue Short-Term Rentals

To apply for a short-term rental permit in Patchogue, property owners must submit the following documents to the Village Building Department:

• Completed Application Form: The rental occupancy permit application form can be obtained from the Building Department office or downloaded from the village website. It requires information about the owner, the property, and the intended use of the rental unit.
• Proof of Ownership: Applicants must provide a copy of the property deed or other documentation confirming they are the legal owner of the premises.
• Floor Plan: A detailed floor plan of the rental unit, drawn to scale and showing all rooms, windows, doors, and means of egress, is required. This helps the Building Department assess the layout and safety of the unit.
• Site Plan: A property survey or site plan, drawn to scale, must be submitted. It should show all buildings, structures, walks, drives, and other physical features of the property, as well as the number, location, and access of parking facilities. This allows the village to ensure the rental complies with zoning and parking requirements.
• Certificates of Occupancy: Copies of the certificate of occupancy, certificate of zoning compliance, and any certificates of nonconforming use for the rental property must be provided. These documents confirm the legal status and approved use of the building.
• Signed Affidavit: The application must include an affidavit signed and sworn to by the property owner, attesting to the accuracy of the information provided.

In addition to these local requirements, short-term rental hosts in Suffolk County must also register with the county and obtain a Certificate of Authority to collect the 5.5% occupancy tax that took effect in June 2023. This involves submitting a registration form and quarterly tax returns to the Suffolk County Comptroller's Office.

It's important to note that Patchogue's rental permit requirements apply to all residential rental properties, not just short-term rentals. However, the village's zoning code generally prohibits transient rentals of less than 28 days in residential districts, with limited exceptions for owner-occupied bed and breakfasts and certain other licensed lodging facilities.

Property owners should contact the Patchogue Building Department directly for the most up-to-date information on short-term rental regulations and required documents. Failing to obtain the necessary permits and approvals can result in significant fines and legal penalties.

Patchogue Short-Term Rental Taxes

Short-term rental hosts in Patchogue need to be aware of several taxes that apply to their business. These include state sales tax, county occupancy tax, and potentially local taxes. Here's a breakdown of each:

New York State Sales Tax

New York State charges a 4% sales tax on all short-term rentals less than 90 consecutive days. As a host, you are responsible for collecting this tax from your guests and remitting it to the state.

Suffolk County Occupancy Tax

Effective June 1, 2023, Suffolk County implemented a new 5.5% occupancy tax on all short-term rentals less than 30 days. This tax is in addition to the state sales tax. Hosts must register with the Suffolk County Comptroller's Office, collect the tax from guests, and file quarterly tax returns.

Patchogue Village Taxes

As of 2024, the Village of Patchogue does not impose any additional taxes specifically on short-term rentals. However, rentals are subject to the general combined sales tax rate of 8.63%, which includes state, county, and village taxes.

Occupancy Tax Collection by Platforms

Major booking platforms like Airbnb and Vrbo do not currently collect and remit occupancy taxes on behalf of hosts in Suffolk County. This means hosts are solely responsible for registering with the county, collecting the tax, and filing returns. It's crucial to maintain good records and stay on top of these obligations to avoid penalties.

Potential Write-Offs and Deductions

Short-term rental hosts may be able to deduct many of their business expenses to reduce their taxable income. Some common deductions include:

• Mortgage interest
• Property taxes
• Insurance
• Utilities
• Cleaning and maintenance costs
• Supplies provided to guests
• Platform service fees
• Depreciation of the rental property

To claim these deductions, it's important to keep detailed records and consult with a tax professional to ensure you're following all rules and regulations.

In summary, Patchogue short-term rental hosts must collect and remit the 4% New York State sales tax and the 5.5% Suffolk County occupancy tax on stays less than 30 days. They may also be able to write off various business expenses. Staying compliant with these tax obligations is essential to avoid fines and maintain a successful rental operation.

New York Wide Short-Term Rental Rules

In addition to the local regulations in Patchogue, short-term rental hosts must also comply with state-wide rules set by New York State. These state laws apply to all municipalities, including Patchogue, and add another layer of requirements for hosts to navigate.

New York State Multiple Dwelling Law

The New York State Multiple Dwelling Law (MDL) is a key piece of legislation that impacts short-term rentals. Under the MDL, it is illegal to rent out an entire apartment in a "Class A" multiple dwelling (a building with three or more permanent residential units) for periods of fewer than 30 consecutive days, unless a permanent resident is present during the rental period.

This means that in Patchogue, as in the rest of New York, hosts in buildings with three or more units cannot list their entire apartment on Airbnb or other platforms for short-term stays. They can, however, rent out individual rooms within their unit if they continue to reside there throughout the guest's stay.

New York State Tax Law

Short-term rental hosts in New York must also collect and remit state and local sales taxes on their bookings. As of June 1, 2019, New York State requires online home sharing platforms to collect and remit sales taxes on behalf of hosts. However, hosts are still responsible for registering with the state and filing periodic sales tax returns.

The current New York State sales tax rate on short-term rentals is 4%, plus any applicable local taxes. In Suffolk County, where Patchogue is located, the total sales tax rate is 8.625%, which includes the state tax and a 4.625% county tax.

Safety Requirements

New York State has several safety requirements that apply to all short-term rentals. These include:

• Working smoke detectors in each sleeping room, outside each separate sleeping area, and on every level of the dwelling.
• A working carbon monoxide detector on every level of the dwelling.
• A fire extinguisher in the kitchen and on each floor.
• Adequate means of egress from each sleeping room and the dwelling unit.
• Posting of emergency contact information and evacuation procedures in a conspicuous location.

Hosts must ensure their rental property meets these minimum safety standards to operate legally under state law.

Advertising Restrictions

In 2016, New York State passed a law making it illegal to advertise short-term rentals that violate the MDL. This means hosts cannot list an entire unoccupied apartment in a building with three or more units for stays of fewer than 30 days on Airbnb or other booking platforms.

Fines for violating this advertising ban range from $1,000 for a first offense to $7,500 for repeated violations. The law applies to hosts as well as booking platforms that fail to remove illegal listings.

While these state-wide rules add complexity for Patchogue hosts, they are designed to balance the economic benefits of home sharing with the need to protect housing stock, ensure guest safety, and maintain the residential character of neighborhoods. By understanding and complying with both state and local regulations, hosts can operate successful and legal short-term rental businesses in Patchogue.

Does Patchogue Strictly Enforce STR Rules?

Based on discussions in online forums like Bigger Pockets and Reddit, it appears that Patchogue takes a relatively strict approach to enforcing short-term rental regulations compared to some other cities in New York. Many hosts report receiving cease and desist letters or fines for operating STRs in violation of the village's zoning code.

One Bigger Pockets user shared their experience: "I had a property in Patchogue that I was renting out on Airbnb. I thought I could fly under the radar, but the village sent me a notice saying I was violating the zoning law. I had to stop renting it out short-term and switch to long-term tenants. They definitely enforce the rules."

Another host on Reddit commented: "Patchogue is not very Airbnb-friendly. The village has made it clear they don't want short-term rentals in residential areas. I know several people who have been fined for running STRs without the proper permits. It's not worth the risk in my opinion."

This sentiment is echoed by other hosts who have attempted to operate in Patchogue despite the restrictions. Many have received warnings or violations from the village's code enforcement officers. Some have even faced legal action or had their properties shut down.

Compared to larger cities like New York City or Buffalo, Patchogue seems to be more proactive about cracking down on illegal short-term rentals. The village has a smaller geographic area to monitor and a clear interest in preserving its residential neighborhoods.

While some hosts may still attempt to skirt the rules, the consensus among Bigger Pockets and Reddit users is that it's not worth the potential consequences. The fines and legal fees can quickly eat into any profits, and the stress of constantly looking over your shoulder is not sustainable.

Overall, Patchogue is not particularly Airbnb-friendly compared to other destinations. The village's zoning code prohibits most short-term rentals, and local officials appear to be actively enforcing these rules. Hosts who want to operate legally need to carefully review the regulations and obtain the necessary permits. Even then, they may face pushback from neighbors or community members who oppose STRs in residential areas.

How to Start a Short-Term Rental Business in Patchogue

Starting a short-term rental business in Patchogue can be challenging given the village's restrictive zoning laws. However, it's still possible to operate a successful STR if you follow these steps:

• Research local regulations: Before investing in a property or listing your existing home, thoroughly review Patchogue's zoning code and rental permit requirements. Understand what types of STRs are allowed in which districts, and what permits or licenses you'll need to obtain.
• Choose an appropriate property: Look for a property that's zoned for short-term rentals, such as a bed and breakfast or a hotel/motel. If you want to rent out a residential property, make sure it's in a district that allows STRs, and that you can meet all the requirements for a rental permit.
• Obtain necessary permits and licenses: Apply for a rental occupancy permit from the Patchogue Building Department. You'll need to submit a completed application, proof of ownership, a floor plan, a site plan, and other required documents. If you're operating a bed and breakfast, you may also need a special permit from the Planning Board.
• Register with Suffolk County: As of June 1, 2023, all STR hosts in Suffolk County must register with the county and obtain a Certificate of Authority to collect occupancy taxes. Submit your registration form and any required documentation to the Suffolk County Comptroller's Office.
• Set up your listing: Create an attractive and informative listing on Airbnb, Vrbo, or other booking platforms. Hire a professional photographer to showcase your property's best features, and write compelling descriptions that highlight its unique selling points. Be transparent about any rules or restrictions guests need to follow.
• Invest in quality furnishings and amenities: To attract guests and earn positive reviews, make sure your rental is well-appointed and properly equipped. Provide high-quality linens, a fully stocked kitchen, reliable Wi-Fi, and other amenities that will make guests feel at home.
• Establish cleaning and maintenance procedures: Cleanliness is crucial in the STR industry. Develop a thorough cleaning checklist and hire reliable staff to ensure your property is always guest-ready. Have a plan in place for handling maintenance issues and repairs promptly.
• Comply with tax obligations: Short-term rentals in Patchogue are subject to state sales tax and county occupancy tax. Make sure you're collecting these taxes from your guests and remitting them to the appropriate authorities on time. Keep accurate records of your income and expenses for tax purposes.
• Be a good neighbor: STRs can sometimes cause friction with neighbors, especially in residential areas. Be proactive about communicating with your neighbors and addressing any concerns they may have. Establish clear house rules for your guests to minimize noise, parking, and other issues.
• Stay informed and adaptable: Regulations around short-term rentals are constantly evolving. Stay up-to-date on any changes to local or state laws that could affect your business. Be prepared to adapt your strategy as needed to ensure compliance and profitability.

By following these steps and being diligent about compliance, you can build a successful short-term rental business in Patchogue. Just remember that the village has strict rules around STRs, and enforcement can be aggressive. Make sure you're operating within the bounds of the law to avoid fines, legal troubles, and other headaches.

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

If you have questions about short-term rental regulations or need assistance navigating the permitting process in Patchogue, here are some key contacts and resources:

Village of Patchogue Building Department

The Building Department is responsible for enforcing the village's zoning code and issuing rental permits. Contact them for questions about whether your property is eligible for short-term rentals and how to apply for a permit.

Phone: (631) 475-4300
Email: building@patchoguevillage.org
Address: 14 Baker Street, Patchogue, NY 11772

Suffolk County Comptroller's Office

The Comptroller's Office administers the county's hotel and motel occupancy tax, which applies to short-term rentals. Reach out to them for information on registering with the county and remitting occupancy taxes.

Phone: (631) 853-5040
Email: comptroller@suffolkcountyny.gov
Address: 100 Veterans Memorial Highway, Hauppauge, NY 11788

Patchogue Village Clerk's Office

The Village Clerk can provide information on local laws and regulations that may impact short-term rentals, such as noise ordinances or parking requirements.

Phone: (631) 475-4300
Email: pvclerk@patchoguevillage.org
Address: 14 Baker Street, Patchogue, NY 11772

Useful Online Communities for Patchogue Hosts

Consider joining these Facebook groups and online forums to connect with other short-term rental operators in the Patchogue area and get peer advice:

• Long Island Airbnb Hosts: https://www.facebook.com/groups/longislandairbnbhosts/
• Suffolk County Short-Term Rental Alliance: https://www.facebook.com/groups/suffolkcountystra/
• Airbnb Hosts Forum - New York: https://airhostsforum.com/c/us-states/new-york/34

These communities can be great resources for staying up-to-date on local regulatory changes, sharing best practices, and troubleshooting common challenges.

When reaching out to local officials, be sure to have your property address and Suffolk County Tax Map Number handy. If you're working with a property manager or real estate agent, they may also be able to provide guidance on navigating the short-term rental regulations in Patchogue.

Remember that the regulatory landscape for short-term rentals is constantly evolving, so it's important to stay informed and connected with local authorities and host communities. By being proactive and compliant, you can run a successful and sustainable short-term rental business in Patchogue.

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

Patchogue hosts on Reddit and Bigger Pockets have expressed frustration with the village's strict short-term rental regulations. Many feel that the zoning code is overly restrictive and makes it difficult for small-scale operators to compete with larger hotels and bed and breakfasts. Here are some examples of real-life experiences shared by hosts on these platforms:

Reddit - r/AirbnbHosts

In a thread titled "Patchogue, NY - Impossible to get a permit?", user u/PatchogueHost vented about the challenges of navigating the village's regulations:

"I've been trying to get a permit to rent out my spare bedroom on Airbnb, but the village is making it nearly impossible. They told me I need to install a sprinkler system and have a dedicated parking spot for guests, even though I'm just renting one room. It feels like they're intentionally making it hard for small hosts to operate. Has anyone else had success getting a permit in Patchogue?"

Other users chimed in with similar stories, with one commenter saying, "I gave up on trying to get a permit in Patchogue. It's just not worth the hassle. I ended up selling my property and investing in a rental in a more Airbnb-friendly town."

Bigger Pockets - Long Island Real Estate Forum

In a post titled "Patchogue STR Regulations - Killing Small Businesses", user LIRealtor shared their perspective as a local real estate agent:

"As someone who works with a lot of investors and second homeowners in the Patchogue area, I've seen firsthand how the village's short-term rental laws are hurting small businesses. Many of my clients bought properties with the intention of renting them out on Airbnb, but they've been blindsided by the zoning restrictions and permit requirements. Some have had to sell at a loss or convert to long-term rentals, which isn't what they wanted. I understand the need for regulation, but I think Patchogue has gone too far in making it nearly impossible for small STR operators to survive."

Other users shared similar sentiments, with one commenting, "I had to stop renting my cottage on Airbnb because I couldn't comply with all the village's requirements. It was a great source of extra income for me, but the regulations just made it too difficult and expensive to continue."

Airbnb Community Center - Long Island Hosts Forum

In a thread titled "Patchogue Permits - Am I Eligible?", user PatchogueBnB asked for advice on whether their property would qualify for a short-term rental permit:

"I own a single-family home in Patchogue that I've been renting out on Airbnb for the past year. I just found out that I need a permit from the village to operate legally. My property is in a residential zone, but I have a separate entrance for guests and a dedicated parking spot. Do you think I have a chance of getting approved for a permit, or should I just give up on Airbnb altogether?"

Responses from other hosts were mixed, with some encouraging the original poster to go through the permit process and others cautioning that the odds of approval were slim.

Overall, the sentiment among Patchogue hosts on Reddit and Bigger Pockets seems to be one of frustration with the village's strict zoning code and permitting process. Many feel that the regulations are designed to favor larger, more established businesses over small-scale operators. While some hosts have managed to navigate the system and obtain permits, others have given up on short-term rentals altogether due to the difficulty and expense of complying with local rules.

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.