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

Starting a Short-Term Rental Business in Valley Stream

The Village of Valley Stream in New York passed a set of rules in 2016 regulating residential rental properties, including short-term rentals through platforms like Airbnb and VRBO. The law requires landlords to obtain permits from the Building Department that are valid for two years and must be renewed.

Key requirements include:

1. Listing the number of tenants that will occupy the rental and for how long
2. Providing floor plans showing the location and size of each bedroom
3. Allowing the Building Department to inspect the property or provide certification from a licensed architect/engineer that it is up to code

Permit fees range from $100-400 depending on the applicant's tax exemption status. Fines for violations can be up to $2000 for a first offense and $3000 plus possible jail time for repeat offenses.

The intent of the law is to prevent problems associated with illegal rentals like safety issues, noise, garbage, and unmaintained properties that can quickly become neighborhood blights. It gives the village more authority to monitor quality-of-life issues and adds accountability for landlords, tenants, and neighbors.

Discussions on real estate investing forums like Bigger Pockets indicate many investors are avoiding short-term rentals in areas of New York state north of NYC due to increasing regulations in certain towns and cities. However, some towns like Newburgh currently have no specific permitting requirements for short-term rentals as of 2023.

Overall, Valley Stream has fairly strict rules around short-term and vacation rentals compared to some other parts of New York. Potential Airbnb hosts should carefully review the local ordinances and permitting process before starting a short-term rental business in Valley Stream. Substantial fines and legal issues could arise from operating an illegal rental.

Short-Term Rental Licensing Requirement in Valley Stream

The Village of Valley Stream requires owners of short-term rental properties to obtain a rental permit from the Building Department. The permit is valid for two years and must be renewed.

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

• Completed rental permit application form
• Name and contact information for a local agent within the Village of Valley Stream who can accept service of legal process
• Property address and Nassau County Tax Map parcel number
• Number of tenants that will occupy the rental and length of occupancy
• Floor plan showing the location and size of each bedroom
• Copy of the certificate of occupancy for the property
• Written certification from a licensed architect or engineer that the property fully complies with Village code OR allow the Building Department to inspect the property

The standard biennial rental permit application fee is $400. However, the fee is reduced to:

1. $200 if the owner has an Enhanced STAR, Veterans, or Senior Citizens property tax exemption at their primary residence in Valley Stream
2. $150 if submitting an architect/engineer certification of code compliance
3. $100 if the owner submits an affidavit that the property will be leased to an active volunteer firefighter or ambulance worker

Permit fees are non-refundable and due upon filing the application. The fee increases to $500 if the owner is found to have violated the rental permit law.

The Building Department Superintendent reviews applications for completeness and accuracy. An on-site inspection is conducted unless the owner provides the certification of code compliance. If all requirements are met and the property does not pose any safety hazards or nuisances, the Superintendent issues the permit.

Failure to obtain a valid rental permit can result in substantial fines - up to $2000 for a first offense and $3000 plus possible jail time for repeat offenses. Each week a violation continues is considered a separate offense.

The intent of Valley Stream's short-term rental permit requirement is to prevent problems like overcrowding, noise, unkempt properties, and safety issues that can arise with illegal rentals and negatively impact neighborhoods. It provides the Village a way to monitor rental properties and hold owners accountable.

Required Documents for Valley Stream Short-Term Rentals

To operate a short-term rental in the Village of Valley Stream, property owners must obtain a rental permit from the Building Department. The permit is valid for two years and must be renewed. The following documents are required when applying for or renewing a short-term rental permit:

1. Rental Permit Application: This form, available from the Village Clerk's office or website, collects key information about the rental property, owner, and any property managers. It must be completed and signed by the owner.
2. Proof of Ownership: Applicants must provide a copy of the last deed of record for the rental property, as recorded with the Nassau County Clerk, confirming their ownership.
3. Owner Identification: Owners must provide proof of their legal residence and date of birth. If the owner is a business entity, the name, legal residence proof, and phone number of each owner, officer, principal shareholder, partner, and/or member must be provided.
4. Property Manager Information: If applicable, the name, address, and telephone number of the property managing agent for the rental property is required on the application.
5. Floor Plans: Applicants must provide detailed floor plans showing the location and size of each bedroom in the rental unit.
6. Signed Affidavit or Certification: Owners must submit either a) a signed and sworn affidavit affirming that to their knowledge, the rental property fully complies with all Village of Valley Stream codes and the NY State Uniform Fire Prevention and Building Code, or b) a written certification from a licensed architect or engineer stating the property is up to code.
7. Permit Fee: A non-refundable biennial rental permit application fee must be paid when submitting the application. The standard fee is $400 but ranges from $100-500 depending on the owner's qualifications for certain property tax exemptions or past violations.

The purpose of these requirements is to maintain a registry of all short-term rentals in Valley Stream, ensure properties meet safety codes, and provide a mechanism for the village to communicate with owners and managers. Failure to obtain or renew a permit can result in significant fines starting at $2,000. Application documents can be submitted by mail or placed in the drop-box outside Village Hall.

Required Documents for Valley Stream Short-Term Rentals

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

1. Completed rental permit application form
2. Name and contact information for a local agent within Valley Stream who can accept service of legal process, or designate the Village Clerk as the agent
3. Property address and Nassau County Tax Map parcel number
4. Number of tenants that will occupy the rental and length of occupancy
5. Floor plan depicting the location and size of each bedroom
6. Copy of the certificate of occupancy for the property
7. Written certification from a licensed architect or engineer that the property fully complies with Village code, or allow the Building Department to inspect the property
8. A copy of the last deed of record for the rental property, as recorded with the Nassau County Clerk, confirming ownership
9. A signed affidavit by the owner affirming the rental property fully complies with the Village of Valley Stream Code and NYS Uniform Fire Prevention and Building Code

The rental permit application and owner affidavit must be signed, sworn to, and notarized. Incomplete applications will cause delays in review and permitting.

The purpose of these documents is to provide the Village with detailed information on the rental property, its ownership, occupancy plans, and code compliance status. This enables the Building Department to maintain a registry of rentals and ensure they meet health and safety standards.

Permit application forms can be obtained from the Village Clerk's Department at Village Hall or downloaded from the Village website. Completed applications and supporting documents can be submitted by mail or placed in the drop-box outside the east entrance of Village Hall.

Failure to obtain a valid rental permit before commencing short-term rentals can result in substantial fines - up to $2000 for a first offense and $3000 plus possible jail time for repeat offenses. So, it's critical for hosts to carefully review the requirements and gather the necessary paperwork before applying.

New York Wide Short-Term Rental Rules

New York state has been grappling with how to regulate the booming short-term rental market. While there is not yet a comprehensive state-wide law, several bills have been proposed in the state legislature to create a registration system for short-term rentals. The proposed legislation would require property owners to register their short-term rentals with the Department of State every two years and allow municipalities to collect sales and occupancy taxes on short-term rentals, similar to hotels.

Currently, short-term rental regulations vary by locality across New York state. Popular tourist destinations like New York City have enacted strict rules. In NYC, hosts must register with the city, are limited to renting their primary residence, cannot rent an entire apartment for less than 30 days, and can host a maximum of two guests at a time. Fines for violations in NYC can range from $1,000 to $7,500.

Other cities and counties have their own ordinances. For example, Saratoga Springs is considering limiting short-term rentals to only owner-occupied properties with a valid permit, inspection, and a two-year license costing $1,000. Ulster County is looking to use revenue from taxing short-term rentals to fund affordable housing initiatives.

While there is a recognized need for short-term housing options in many areas, lawmakers are trying to balance this with concerns that the rapid growth of short-term rentals is exacerbating housing shortages and affordability issues by taking long-term housing off the market. Safety concerns around unregulated properties being used for disruptive parties have also prompted calls for more oversight.

In the Village of Valley Stream on Long Island, a 2016 law established a rental permit system for all residential rental properties, including short-term rentals. Landlords must obtain a permit every two years, pay a fee ranging from $100-500, provide details on the property and number of tenants, and allow inspections to ensure compliance with village codes. Fines for violations start at $2,000 for a first offense and increase to $3,000 and potential jail time for repeat offenses.

So, in summary, while New York does not yet have state-wide short-term rental regulations, many local municipalities like New York City and Valley Stream have enacted their own strict permit and registration requirements. State lawmakers continue to work on legislation to create more consistent oversight. Short-term rental hosts in New York should carefully research the specific rules in their locality to ensure compliance.

Does Valley Stream Strictly Enforce Short-Term Rental Rules?

Based on discussions in online forums like Reddit and BiggerPockets, it appears that Valley Stream and the greater New York City area are not particularly Airbnb-friendly compared to many other cities. New York has some of the strictest short-term rental regulations in the country, and enforcement has ramped up significantly in recent months.

In September 2023, New York City's Local Law 18 went into effect, requiring all short-term rental hosts to register with the city. Only owner-occupied units with the host present can qualify, and occupancy is limited to just two guests. Fines for violations start at $1,000 and can go up to $7,500.

Since the law took effect, thousands of Airbnb listings have been removed. Hosts report getting notices from the city threatening fines if they don't remove unregistered listings. Angry neighbors are quick to report violators. While some hosts still attempt to skirt the rules, most have stopped buying properties solely for Airbnb use in NYC as it's no longer profitable.

Enforcement is particularly strict in NYC compared to other major cities. Paris and London, for example, have restrictions but not an outright ban on unhosted rentals like NYC. Quebec has similar registration requirements, but the process is seen as more reasonable.

So, in summary, the general consensus among hosts is that operating a short-term rental in Valley Stream and the NYC area is extremely risky and difficult in the current regulatory environment. The vast majority of hosts are complying with the strict new rules rather than face huge fines. The city has made it very clear that illegal Airbnbs will not be tolerated. While a few hosts still attempt to operate under the radar, it's becoming increasingly challenging as enforcement ramps up. Valley Stream and NYC are decidedly not Airbnb-friendly markets compared to other major destinations.

How to Start a Short-Term Rental Business in Valley Stream

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

1. Research local regulations: Familiarize yourself with Valley Stream's short-term rental laws. As of 2016, Valley Stream requires all rental properties, including short-term rentals, to obtain a permit from the Building Department every two years. Violating these rules can result in significant fines starting at $2,000.
2. Determine your rental strategy: Decide if you will rent out a portion of your primary residence or a separate investment property. Valley Stream's rules apply to all rental properties. Also, consider how often you plan to rent and your target guest demographic.
3. Register your business: If you form an LLC or other business entity for your rental, you'll need to register with the state and obtain an EIN from the IRS. You'll also need to register to collect state sales tax.
4. Obtain required permits: Apply for a rental permit from the Valley Stream Building Department. You'll need to provide proof of ownership, detailed floor plans, and either an affidavit that the property is up to code or a certification from a licensed architect or engineer. Permit fees range from $100-500.
5. Prepare your property: Ensure your rental is safe, clean, and well-furnished. Consider hiring a professional photographer to take high-quality listing photos. Install any desired amenities like fast WiFi and a digital lock.
6. Create your listing: List your property on popular sites like Airbnb and VRBO. Craft a detailed description, set competitive rates, and specify house rules. Airbnb has specific processes for Valley Stream hosts to register with the city.
7. Automate and optimize: Consider using vacation rental software to automate reservations, guest communication, cleaning, and pricing. Establish a reliable cleaning and maintenance routine to ensure consistently high reviews.

Some key tips for success:

1. Consult with an accountant and attorney to ensure proper business setup and tax compliance.
2. Provide an exceptional guest experience with good communication, smooth check-in, and thoughtful amenities.
3. Use dynamic pricing tools to optimize rates based on demand.
4. Maintain strict house rules around noise, parking, and extra guests to avoid issues with neighbors and the city.
5. Proactively communicate with the city and promptly address any violations or neighbor complaints.

With diligent planning and a commitment to being a responsible host, it's possible to build a successful short-term rental business in Valley Stream. Just be sure to stay within the city's permit and residency requirements to avoid costly fines and suspensions.

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

For questions about Valley Stream's short-term rental regulations, permits, and zoning, contact:

Village of Valley Stream Building Department
123 S. Central Ave
Valley Stream, NY 11580
Phone: (516) 592-5105
Email: vsclrk2@vsvny.org

The Building Department handles rental permit applications and can provide guidance on the village's rental property requirements. Permit application forms can be downloaded from the village website at https://www.vsvny.org/index.asp?SEC=089F35B5-BF81-41A0-9E52-15CE7D77AEF6.

For general questions, you can also contact the Village Clerk's office at (516) 592-5105 or vsclrk2@vsvny.org. They can direct you to the appropriate department for your specific inquiry.

Valley Stream short-term rental hosts may find it helpful to connect with other local hosts and property managers to share experiences and tips for operating rentals while staying in compliance with village regulations. While there are not currently any Valley Stream specific host groups, the following online communities discuss short-term rentals across Long Island and New York state:

1. Airbnb Hosts Forum - Long Island / Hamptons / North Fork: https://community.withairbnb.com/t5/Long-Island-Hamptons-North-Fork/bd-p/long-island-hamptons-north-fork
2. BiggerPockets Real Estate Investment Forum - Vacation Rentals / Short-Term Rentals: https://www.biggerpockets.com/forums/530-vacation-rentals-short-term-rentals
3. Reddit - /r/AirBnB: https://www.reddit.com/r/AirBnB/

Monitoring these forums can provide insights into how other New York hosts are adapting to evolving local regulations. However, always verify any information with official Village of Valley Stream sources. The Building and Clerk's Departments are the ultimate authorities on Valley Stream's specific short-term rental rules and zoning.

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

Discussions on Reddit and BiggerPockets reveal that many Airbnb hosts in Valley Stream and the greater New York City area are frustrated with the increasingly strict short-term rental regulations. Here are some key takeaways from verified threads and comments:

Reddit - r/airbnb_hosts: In a post titled "NYC Hosts", a host who has operated in NYC for 10 years as a Superhost expressed that their family depended on the Airbnb income to succeed, but now faces a challenging new reality with the registration law. Many commenters suggested pivoting to medium-term rentals, becoming a certified hotel/motel, or using sites like Furnished Finder to host travel nurses. However, most acknowledged that workarounds are limited for many hosts.

Reddit - r/AirBnB: A post titled "NY Local Law 18 (Banning Short term Rentals)" featured an owner of a 3-family home in NY who resides in one unit and managed the other two on Airbnb profitably until the new law requiring registration and limiting to hosted stays only. Commenters debated the law, with some stating it helps the NYC housing crisis, while others argued that the real issue is corporate housing and RE developers, not individual hosts.

Reddit - r/nyc: In the post "Airbnb Hosts and Guests Scramble as New York Begins Crackdown", NYC hosts and residents discussed the September 2023 registration requirement. Many applauded the effort to return units to the housing market and stop "randos" from accessing apartment buildings. However, some hosts felt the laws unfairly restrict their property rights and income.

BiggerPockets Forum: A user started a thread titled "Airbnb on Long Island, NY" to ask about host experiences and whether to choose Airbnb over long-term tenants. Responders advised checking local laws carefully, with some mentioning that areas like the Hamptons have been very restrictive with short-term rentals.

Overall, the sentiment among NY hosts on these forums is one of frustration and resignation. Many feel that the laws are overly strict and harm individual hosts while failing to address larger housing issues. However, most acknowledge that operating legally is becoming increasingly difficult, and are considering alternative rental strategies or selling their properties. The discussions showcase the complex and heated debate around short-term rental regulations in high-cost metro areas like NYC.

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