Woodstock Short-Term Rental Regulation: A Guide For Airbnb Hosts

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

Short-term rentals have become a contentious issue in the town of Woodstock, New York, with local authorities implementing regulations to balance the needs of residents and the tourism industry. This article will provide an overview of the short-term rental regulations in Woodstock, with specific examples and anecdotes from various sources.

Starting a Short-Term Rental Business in Woodstock

Hosts must comply with national and local regulations to launch and operate a short-term rental in Woodstock. At the national level, hosts must:

• Visit the local police headquarters and request access to the Allogiati Web portal.
• Prepare a written contract for guests to sign at check-in.
• Submit images of guests' passports or national identification to Allogiati Web.

Additionally, short-term rental contracts for less than 30 days do not need to be registered with the revenue agency. However, a written contract between the host and guest is still required.

At the local level, Woodstock has implemented specific regulations to address the impact of short-term rentals on the community. According to the town's zoning law, hosts must:

1. Obtain an annual operating permit from the Building Department, including any related permitting/inspection fees.
2. Provide a safety/egress plan to be posted in the rental unit.
3. Ensure adequate parking spaces per bedroom.
4. Limit the number of guests to two per bedroom, with children under four years old not counted.
5. Register with Ulster County and provide a copy of the registration with the permit application.
6. Pass an annual fire/safety inspection and comply with the New York State Building Code.

Furthermore, non-owner-occupied short-term rentals can only be rented out for a maximum of 180 days per calendar year, with no more than 26 weekends or parts of weekends included in that total.

It's crucial for hosts to familiarize themselves with these local regulations and work closely with the Woodstock Building Department to ensure compliance. Hosts can successfully operate short-term rentals in this popular tourist destination by adhering to national and local requirements while contributing to the local economy and preserving the community's character.

Short-Term Rental Licensing Requirement in Woodstock

To operate a short-term rental in Woodstock, hosts must obtain an annual operating permit from the Building Department. This permit serves as a license and is mandatory for renting out properties for short-term stays.

The process of acquiring this operating permit involves several steps:

1. Submit an application to the Building Department, along with any related permitting and inspection fees.
2. Provide a safety/egress plan, which must be posted in a visible location inside the rental unit and on the back of each bedroom door.
3. Demonstrate compliance with parking requirements, typically one parking space per bedroom.
4. Register with Ulster County and provide a copy of the registration with the permit application.
5. Pass an annual fire and safety inspection to ensure the New York State Building Code compliance.

For non-owner-occupied short-term rentals, provide the name and contact information of a designated local host who will be responsible for addressing renter issues and ensuring compliance with the requirements within 24 hours.

Once the application is approved and all requirements are met, the Building Department will issue the annual operating permit, which must be renewed each year.

It's important to note that Woodstock has implemented a cap on the total number of short-term rental permits issued. As of 2024, the cap is set at 285 permits. If the cap is reached, new applicants will be placed on a waiting list until existing permits lapse or become available.

Failure to obtain the required operating permit or operating without a valid permit can result in significant penalties, including fines and potential revocation of the permit.

Hosts in Woodstock must strictly adhere to these licensing requirements to avoid legal issues and ensure that their short-term rental operations comply with local regulations and safety standards.

Required Documents for Woodstock Short-Term Rentals

When renting out a property for short-term stays in Woodstock, New York, hosts must ensure they have the necessary documents in order to comply with local regulations. The following documents are typically required:

1. Annual Operating Permit Application: Hosts must submit a completed annual permit application to the Woodstock Building Department, along with any related permitting and inspection fees.
2. Safety/Egress Plan: A detailed safety and egress plan must be provided, which will be posted in a visible location inside the rental unit and on the back of each bedroom door. This plan should outline emergency procedures and evacuation routes.
3. Parking Layout Plan: Hosts must provide a parking layout plan that identifies the designated parking areas for the short-term rental property, ensuring compliance with the town's parking requirements of one space per bedroom.
4. Garbage Removal Plan: A plan outlining the garbage removal process for the rental property must be submitted, with a commitment to ensuring that garbage receptacles will not be left out for more than 24 hours.
5. Host Contact Information: For non-owner-occupied short-term rentals, the name and contact information of the designated local host or co-host must be provided to the Building Department. This host will be responsible for addressing any renter issues or compliance matters within 24 hours.
6. Ulster County Registration: Hosts must register their short-term rental property with Ulster County and provide a copy of the registration along with their permit application to the Town of Woodstock.
7. Fire/Safety Inspection Report: An annual fire and safety inspection report must be submitted with the permit renewal application, demonstrating compliance with the New York State Building Code and fire safety standards.
8. Written Rental Contract (recommended): While not a legal requirement, it is advisable for hosts to prepare a written short-term rental contract for guests to sign upon arrival, outlining the terms and conditions of their stay.

By ensuring they have these required documents in order, short-term rental hosts in Woodstock can operate their businesses in compliance with local regulations and avoid potential fines or legal issues. It is crucial for hosts to stay informed about any changes or updates to these requirements to maintain a successful and legally sound short-term rental operation in this popular tourist destination.

Woodstock Short-Term Rental Taxes

When operating a short-term rental in Woodstock, New York, it's essential to understand the tax obligations that come with this type of business. The New York State and Ulster County tax system has specific provisions for short-term rentals, and compliance is crucial to avoid penalties and legal issues.

One of Woodstock's most significant taxes for short-term rental hosts is the Ulster County Occupancy Tax. As of February 2024, the occupancy tax rate has been increased from 2% to 4%. This tax is levied on all short-term rental accommodations, including hotels, motels, and vacation rentals.

In addition to the county occupancy tax, short-term rental hosts in Woodstock may also be subject to the New York State Sales Tax. The current state sales tax rate is 4%, and it applies to the rental income earned from short-term stays.

It's important to note that short-term rental income is considered taxable income by the Internal Revenue Service (IRS) and must be reported on the host's federal income tax return. Hosts can claim deductions for expenses directly related to their rental property, such as mortgage interest, property taxes, utilities, and maintenance costs.

Furthermore, if the short-term rental activity is considered a business or professional activity, hosts may be required to pay self-employment tax on their rental income. This typically applies if the host provides additional services beyond basic accommodation, such as cleaning, laundry, or meals.

To ensure full compliance with all tax and legal requirements, short-term rental hosts in Woodstock are advised to consult a qualified tax professional or accountant specializing in this area. Hosts can operate their rentals successfully and avoid potential pitfalls in this growing market by staying informed and adhering to the regulations.

It's also worth noting that the Town of Woodstock has recently implemented a significant increase in the annual permit fees for short-term rentals. As of January 2024, the permit and first bedroom fee is $450, with an additional $50 for each additional bedroom. This fee increase has been met with protests from some short-term rental owners, who argue that it places an undue financial burden on their businesses.

New York Wide Short-Term Rental Rules

In addition to the specific regulations implemented by cities and municipalities across New York State, there are several statewide rules and guidelines that apply to short-term rentals. These rules have been introduced to better regulate the growing short-term rental market and ensure compliance with tax obligations and safety standards.

One of the most significant statewide regulations is the requirement for hosts to collect and remit sales tax on short-term rental income. The sales tax rate varies depending on the county and municipality, but generally ranges from 7% to 8.875% across New York State.

Furthermore, hosts are required to collect and remit the New York State Hotel Occupancy Tax, which is currently set at 4%. This tax applies to all short-term rentals of less than 30 consecutive days.

In terms of safety and compliance, New York State has implemented a set of guidelines for short-term rental properties. These guidelines include:

1. Smoke detectors: All short-term rental properties must be equipped with working smoke detectors on each floor and in each sleeping area.
2. Carbon monoxide detectors: Properties with fuel-burning appliances or attached garages must have operational carbon monoxide detectors installed.
3. Fire extinguishers: At least one fire extinguisher must be present and easily accessible in each short-term rental unit.
4. Emergency egress: All sleeping areas must have at least two means of egress, such as doors or windows, to ensure safe evacuation in case of an emergency.
5. Occupancy limits: Short-term rental properties must adhere to occupancy limits based on the unit's size and number of bedrooms.

In addition to these safety requirements, hosts are encouraged to provide guests with emergency contact information, evacuation plans, and information about local laws and regulations.

It's important to note that while these statewide rules provide a baseline for short-term rental operations, individual cities and municipalities may have additional or more stringent regulations in place. Hosts are advised to familiarize themselves with both state and local regulations to ensure full compliance and avoid potential fines or legal issues.

Does Woodstock Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like BiggerPockets and Reddit, it appears that Woodstock is relatively strict in enforcing its short-term rental (STR) rules compared to some other cities in the region. While Airbnb listings are still present, hosts seem to face significant challenges in operating vacation rentals in Woodstock.

In a BiggerPockets forum thread, one user expressed interest in purchasing a property near Woodstock for short-term rental purposes but was met with warnings about the town's restrictive regulations. Other users highlighted the cap on the number of STR permits issued and the lengthy and burdensome application process.

A Reddit discussion on the r/AirBnB subreddit revealed that Woodstock has implemented strict rules, such as limiting non-owner-occupied STRs to a maximum of 180 days per year and no more than 26 weekends. These limitations have drawn criticism from some hosts who find them overly restrictive and detrimental to their businesses.

Furthermore, reports from local news sources indicate that Woodstock is actively enforcing its STR regulations. The town has temporarily suspended the issuance of new permits to review compliance and enforcement issues, suggesting a commitment to upholding the existing rules.

Overall, based on the available information from real estate forums and local news sources, Woodstock appears to be relatively Airbnb-unfriendly compared to other cities in the region. The town has implemented strict regulations on short-term rentals and seems to be actively enforcing these rules, making it challenging for hosts to operate vacation rentals in the area without facing potential fines or legal issues.

How to Start a Short-Term Rental Business in Woodstock

Starting a short-term rental business in Woodstock, New York, requires careful planning and adherence to local regulations. Here's a step-by-step guide to help you get started:

1. Research local regulations: Familiarize yourself with Woodstock's short-term rental regulations, including the requirement to obtain an annual operating permit, comply with occupancy limits, provide safety/egress plans, and adhere to the 180-day rental cap for non-owner-occupied properties.
2. Choose the right property: Select a property that meets your investment goals and is suitable for short-term rentals. Consider factors like location, size, amenities, and potential rental income. Ensure that the property meets the town's zoning and building code requirements.
3. Apply for an annual operating permit: Submit an application to the Woodstock Building Department, along with any required permitting and inspection fees. Provide a safety/egress plan, parking layout plan, and garbage removal plan as part of the application process.
4. Register with Ulster County: Register your short-term rental property with Ulster County and provide a copy of the registration with your permit application to the Town of Woodstock.
5. Pass inspections: Ensure that your property passes the required annual fire and safety inspections, demonstrating compliance with the New York State Building Code and fire safety standards.
6. Designate a local host (if applicable): For non-owner-occupied short-term rentals, provide the name and contact information of a designated local host who will be responsible for addressing renter issues and ensuring compliance within 24 hours.
7. Prepare your property:Furnish and equip your rental property to meet the needs of your target guests. Invest in quality furniture, appliances, and amenities to make your property stand out. Ensure that the property is well-maintained and adheres to the town's occupancy limits.
8. Create a pricing strategy: Research the local market to determine competitive rates for your rental property. Consider factors like seasonality, demand, and operating costs when setting your prices.
9. List your property:Create listings for your rental property on popular short-term rental platforms like Airbnb, VRBO, and Booking.com. Be sure to include high-quality photos, detailed descriptions, and accurate information about your property and its amenities. Display your Woodstock registration number on all listings.
10. Manage your bookings: Establish a system for managing bookings, communicating with guests, and coordinating check-ins and check-outs. Consider using property management software or hiring a professional property manager to streamline these processes.
11. Comply with tax obligations: Understand your tax obligations as a short-term rental operator in Woodstock. This may include collecting and remitting occupancy taxes, reporting your rental income, and paying the appropriate taxes.

By following these steps and staying informed about local regulations and best practices, you can successfully launch and operate a short-term rental business in Woodstock, while contributing to the local tourism industry and preserving the community's character.

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

If you have questions or need assistance regarding short-term rental regulations and zoning in Woodstock, there are several resources available to help you:

1. Woodstock Building Department

Address: 45 Comeau Drive, Woodstock, NY 12498
Phone: (845) 679-2113 ext. 13
Email: building@woodstockny.org

2. Woodstock Planning Board

Address: 45 Comeau Drive, Woodstock, NY 12498
Phone: (845) 679-2113 ext. 14
Email: planning@woodstockny.org

3. Woodstock Town Supervisor's Office

Address: 45 Comeau Drive, Woodstock, NY 12498
Phone: (845) 679-2113 ext. 11
Email: supervisor@woodstockny.org

4. Woodstock Code Enforcement Officer

Phone: (845) 679-2113 ext. 13
Email: codeenforcement@woodstockny.org

5. Ulster County Department of Tourism

Phone: (845) 340-3566
Email: tourism@co.ulster.ny.us

These offices and departments can provide you with the most up-to-date information on short-term rental regulations, zoning laws, and any required permits or licenses. They can also assist you with the process of registering your property, obtaining an annual operating permit, and ensuring compliance with safety inspections and occupancy limits.

It is essential to work closely with local authorities and experienced professionals to ensure that your short-term rental business operates smoothly and legally in the town of Woodstock. By staying informed and adhering to the regulations, you can contribute to the local tourism industry while maintaining a positive relationship with the community.

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.