Bushkill, Pennsylvania Short-Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short-Term Rental Business in Bushkill

Bushkill, Pennsylvania, located in the picturesque Pocono Mountains, has become a popular destination for short-term rentals. However, navigating the regulations for operating an Airbnb or VRBO in this area can be complex. Here's what you need to know about starting a short-term rental business in Bushkill:

Bushkill is not a municipality itself, but rather a postal designation that covers parts of Lehman Township in Pike County. As such, the regulations that apply to short-term rentals in Bushkill are actually those of Lehman Township.

As of 2024, Lehman Township has implemented strict regulations on short-term rentals. The township has ceased issuing new short-term rental licenses. This presents a significant challenge for those looking to start a new short-term rental business in the area.

However, there is a silver lining for those interested in entering the market. Existing licenses can be transferred with an agreement of sale. This means that if you're looking to start a short-term rental business in Bushkill, your best option may be to purchase a property that already has an existing short-term rental license.

For those who do manage to operate a short-term rental in Bushkill, there are some community rules to be aware of. Many vacation rental communities in the area require signing a rental agreement with the full names of all guests. This is often required to enter the community, and failing to sign the agreement properly can result in issues with your rental.

When setting up your rental, it's important to equip it properly. While these are not specific to Bushkill, many municipalities require short-term rentals to have smoke detectors in each bedroom, outside each bedroom in common hallways, and on each floor. Carbon monoxide detectors are often required if the property has an open flame furnace, gas or wood fireplace, or an attached garage.

It's also crucial to consider the impact on the local community. Some areas have experienced pushback against short-term rentals due to concerns about noise, parking, and the changing character of neighborhoods. Being a responsible host and maintaining good relationships with neighbors can help mitigate these issues.

Lastly, while Bushkill itself may have strict regulations, it's worth exploring nearby areas that might be more accommodating to short-term rentals. For example, some municipalities in the Poconos have a long tradition of supporting visitors and the associated hospitality industry.

Short-Term Rental Licensing Requirement in Bushkill

Bushkill, being part of Lehman Township in Pike County, follows the township's regulations for short-term rentals. As of 2024, Lehman Township has implemented strict rules for short-term rental operations. Here's a comprehensive list of the licensing requirements:

• Township Short-Term Rental Permit: This is mandatory for all short-term rental properties in Lehman Township.
• Application Process: The property owner must submit an application to the Code Official of Lehman Township.
• Application Fee: A fee, established by resolution of the Board, must accompany the application.
• Property Inspection: An inspection of the property is required to ensure compliance with safety standards and occupancy limits.
• Proof of Insurance: Owners must provide evidence of property and liability insurance specifically covering short-term rental use.
• Local Contact Person: A designated local contact person who can respond to issues within 2 hours must be identified.
• Occupancy Limits: The maximum occupancy is typically set at 2 persons per bedroom plus 2 additional persons.
• Parking Requirements: Adequate off-street parking must be provided based on the number of bedrooms.
• Safety Equipment: Functioning smoke detectors, carbon monoxide detectors, and fire extinguishers are required.
• Township and State Taxes: Owners must comply with all applicable tax requirements, including hotel occupancy taxes.

Where to Submit: Applications and supporting documents should be submitted to the Lehman Township Code Official's office.

Fees: The exact fee structure is not specified in the available search results, but it's established by the township board and may vary.

Processing Time: While the specific processing time is not mentioned, it's advisable to allow several weeks for the application to be reviewed and approved.

Fines and Penalties: Operating a short-term rental without a valid township permit is subject to a fine of $500.00 per occurrence. Additionally, the township has the authority to revoke licenses for repeated violations.

It's crucial to note that as of 2024, Lehman Township has ceased issuing new short-term rental licenses. However, existing licenses can be transferred with an agreement of sale. This means that if you're looking to start a short-term rental business in Bushkill, your best option will be to purchase a property that already has an existing short-term rental license.

Required Documents for Bushkill Short-Term Rentals

To operate a short-term rental in Bushkill (which falls under Lehman Township regulations), property owners must obtain and maintain several important documents. Here's a comprehensive list of the required paperwork:

1. Lehman Township Short-Term Rental Permit
   - Purpose: This is the primary authorization to operate a short-term rental in the township.
   - Where to get it: Apply through the Lehman Township Code Official's office.
2. Property Inspection Report
   - Purpose: Ensures the property meets safety standards and occupancy limits.
   - Where to get it: Schedule an inspection with the Lehman Township Code Official.
3. Proof of Insurance
   - Purpose: Demonstrates adequate property and liability coverage for short-term rental use.
   - Where to get it: Obtain from your insurance provider, ensuring it specifically covers short-term rentals.
4. Local Contact Person Information
   - Purpose: Provides a responsive point of contact for addressing issues within 2 hours.
   - Where to get it: Designate a reliable local contact and provide their details to the township.
5. Occupancy Calculation
   - Purpose: Determines the maximum number of guests allowed (typically 2 per bedroom plus 2).
   - Where to get it: This is usually calculated during the property inspection.
6. Parking Plan
   - Purpose: Shows adequate off-street parking based on the number of bedrooms.
   - Where to get it: Create a diagram or description of available parking spaces on your property.
7. Safety Equipment Certification
   - Purpose: Confirms the presence of required safety devices like smoke detectors and fire extinguishers.
   - Where to get it: This is typically verified during the property inspection.
8. Tax Compliance Documents
   - Purpose: Proves registration for applicable hotel occupancy taxes.
   - Where to get it: Register with the Pennsylvania Department of Revenue and Lehman Township.
9. The Glen POA Registration (if applicable)
   - Purpose: Required for properties within The Glen community.
   - Where to get it: Register with The Glen Property Owners Association office, paying a $500 deposit.
10. Crime Free/Drug Free Lease Addendum
    - Purpose: Ensures tenants agree to maintain a safe, drug-free environment.
    - Where to get it: This form is typically provided by the township or property owners' association.

Bushkill Short-Term Rental Taxes

Short-term rental operators in Bushkill, Pennsylvania must navigate a complex tax landscape. Here's a breakdown of the various taxes that apply to short-term rentals in the area:

1. State Hotel Occupancy Tax: Pennsylvania imposes a 6% hotel occupancy tax on all short-term rentals. This tax applies to the total listing price, including cleaning fees and other additional charges.
2. Local Hotel Occupancy Tax: In addition to the state tax, Bushkill (as part of Pike County) may impose its own local hotel occupancy tax. While the exact rate for Bushkill isn't specified in the search results, many Pennsylvania counties charge an additional 1-3% local hotel tax.
3. Sales Tax: The standard 6% Pennsylvania sales tax also applies to short-term rentals.
4. Local Income Tax: Any earnings from short-term rentals may be subject to local income tax. The rate can vary, but it's typically around 1-2% of your rental income.
5. State Income Tax: Rental income is subject to Pennsylvania state income tax. The current flat rate for personal income tax in Pennsylvania is 3.07%.

It's important to note that while some platforms like Airbnb may collect and remit certain taxes on behalf of hosts, it's ultimately the host's responsibility to ensure all required taxes are paid.

Possible Write-Offs and Deductions

Short-term rental hosts in Bushkill can potentially reduce their tax burden through various deductions:

1. Mortgage Interest: If you have a mortgage on your rental property, the interest paid may be deductible.
2. Property Taxes: The property taxes you pay on your rental can often be deducted.
3. Cleaning and Maintenance: Costs associated with keeping your rental clean and well-maintained are typically deductible.
4. Utilities: A portion of utility costs directly related to the rental use of the property can be deducted.
5. Furnishings and Supplies: Expenses for furniture, linens, and guest supplies can be deducted.
6. Insurance: Premiums paid for rental property insurance are generally deductible.
7. Depreciation: You may be able to deduct the cost of the property and improvements over time through depreciation.
8. Professional Fees: Costs for property management, legal services, or accounting related to your rental business are usually deductible.

Remember, if you use the property for personal use as well as short-term rentals, you'll need to carefully track and allocate expenses between personal and business use. Additionally, if you rent the property for 14 days or less in a year, you may qualify for the "14-day rule," which allows you to exclude the rental income from your taxes entirely, but you also can't claim any rental expense deductions.

It's always advisable to consult with a tax professional familiar with short-term rental regulations in Pennsylvania to ensure you're maximizing your deductions while remaining compliant with all tax laws.

Pennsylvania Wide Short-Term Rental Rules

Pennsylvania does not have state-wide specific laws governing short-term rentals like Airbnb or VRBO. Instead, the regulation of short-term rentals is primarily left to individual counties and municipalities, resulting in a patchwork of rules that vary across the state. This decentralized approach allows local governments to tailor regulations to their specific needs and concerns.

However, there are some state-wide considerations that affect short-term rental hosts in Bushkill and throughout Pennsylvania:

1. State Hotel Occupancy Tax: Pennsylvania imposes a 6% hotel occupancy tax on all short-term rentals, which applies to the total listing price, including cleaning fees and other additional charges.
2. Sales Tax: The standard 6% Pennsylvania sales tax also applies to short-term rentals throughout the state.
3. State Income Tax: Rental income is subject to Pennsylvania state income tax. The current flat rate for personal income tax in Pennsylvania is 3.07%.
4. Third-Party Booking Agents: The Pennsylvania Department of Revenue has clarified that homeowners who exclusively use third-party booking agents (like Airbnb or VRBO) to rent their properties are not required to obtain a separate Sales, Use, and Hotel Occupancy Tax license. In these cases, the booking agent is responsible for collecting and remitting state and local taxes.
5. Safety Regulations: While specific requirements may vary by municipality, state-wide building and safety codes generally apply. This often includes requirements for smoke detectors, carbon monoxide detectors, and fire extinguishers.
6. Zoning Considerations: While zoning is typically a local matter, state laws provide the framework within which local governments can create zoning ordinances. This can affect where short-term rentals are allowed to operate.
7. Property Rights: Pennsylvania property laws and landlord-tenant regulations may impact how short-term rentals can be operated, especially in cases of long-term tenants subletting properties.

It's important to note that while these state-wide considerations exist, the bulk of short-term rental regulations in Pennsylvania are determined at the local level. Hosts in Bushkill and throughout the state must carefully research and comply with their specific local ordinances, which may include additional licensing requirements, occupancy limits, parking regulations, and other restrictions.

Given the complex and varied nature of short-term rental regulations in Pennsylvania, hosts are strongly advised to consult with local authorities and possibly seek legal counsel to ensure full compliance with all applicable laws and regulations.

Does Bushkill Strictly Enforce STR Rules?

Bushkill, which falls under the jurisdiction of Lehman Township, has implemented strict enforcement of short-term rental (STR) regulations in recent years. The township is not particularly Airbnb-friendly compared to other cities, and hosts face significant challenges in operating STRs legally.

As of January 2025, Lehman Township has ceased issuing new short-term rental licenses. This moratorium on new licenses indicates a strong stance against the proliferation of STRs in the area. The township's approach is decidedly more restrictive than many other popular vacation destinations.

Despite these strict rules, some hosts do attempt to operate STRs in Bushkill without proper licensing. However, this comes with considerable risks. The township has implemented a system of fines and penalties for those caught operating without a license. Hosts found in violation face a fine of $500 per occurrence.

Community members in Bushkill and the surrounding Pocono area have reported instances of neighbors turning in unlicensed STR operators to the authorities. This level of community vigilance, combined with the township's willingness to investigate and penalize violators, creates a challenging environment for those attempting to circumvent the regulations.

The strict enforcement in Bushkill has led many property owners to reconsider their STR strategies. Some have shifted towards longer-term rentals of 30 days or more to comply with regulations while still generating rental income. Others have looked to purchase properties with existing STR licenses, as these can be transferred with the sale of the property.

How to Start a Short-Term Rental Business in Bushkill

Starting a short-term rental business in Bushkill, Pennsylvania, requires careful planning and adherence to local regulations. Here's a comprehensive guide to help you get started:

1. Research the Market and Regulations

Begin by thoroughly researching the Bushkill short-term rental market. Understand the demand, peak seasons, and popular attractions. Most importantly, familiarize yourself with Lehman Township's regulations, as Bushkill falls under its jurisdiction. As of January 2025, Lehman Township has ceased issuing new short-term rental licenses, so your options may be limited to purchasing a property with an existing license.

Tip: Consider joining local real estate investment groups or forums to gain insights from experienced hosts in the area.

2. Develop a Business Plan

Create a comprehensive business plan that outlines your goals, target market, financial projections, and operational strategies. Include details on property acquisition, renovation costs, expected revenue, and marketing plans.

Tip: Use tools like BNBCalc to gather data on important Airbnb metrics for properties in Bushkill to inform your financial projections.

3. Secure Financing

If you need financing, explore options such as conventional mortgages, home equity loans, or investment property loans. Be prepared to show your business plan and financial projections to potential lenders.

Tip: Consider partnering with other investors to pool resources and share risks.

4. Acquire a Property with an Existing License

Since Lehman Township is not issuing new licenses, focus on properties that already have a short-term rental license. Work with a local real estate agent who specializes in vacation rentals to find suitable properties.

Tip: Look for properties that offer unique amenities or are located near popular attractions to stand out in the market.

5. Form a Legal Entity

Consider forming a Limited Liability Company (LLC) to protect your personal assets and potentially benefit from tax advantages. Consult with a local attorney or use online legal services to set up your LLC.

Tip: Choose a business name that's memorable and reflects the character of your rental property.

6. Obtain Necessary Licenses and Permits

Ensure that all required licenses and permits are transferred to you with the property purchase. This may include a Pennsylvania Sales and Use Tax license and a Monroe County Hotel Excise Tax certificate.

Tip: Double-check with Lehman Township officials to ensure all paperwork is in order and up to date.

7. Set Up Proper Insurance

Obtain comprehensive short-term rental insurance that covers property damage, liability, and loss of income. Standard homeowners insurance often doesn't cover short-term rental activities.

Tip: Consider additional coverage for high-value amenities or extreme weather events common in the Poconos.

8. Prepare Your Property

Renovate and furnish your property to appeal to your target market. Focus on creating a comfortable, clean, and well-equipped space that stands out from the competition.

Tip: Consider hiring a professional interior designer to create an Instagram-worthy space that will attract more bookings.

9. Implement a Management System

Set up a system for managing bookings, guest communications, cleaning, and maintenance. Consider using property management software or hiring a local property manager to handle day-to-day operations.

Tip: Establish relationships with reliable local service providers for cleaning, maintenance, and guest support.

10. Market Your Property

Create compelling listings on popular platforms like Airbnb and VRBO. Use high-quality photos, detailed descriptions, and competitive pricing to attract guests. Consider creating a dedicated website for your property.

Tip: Leverage social media and local tourism partnerships to increase visibility and attract more bookings.

11. Comply with Tax Obligations

Ensure you're collecting and remitting all required taxes, including the 6% Pennsylvania hotel occupancy tax and any local taxes. Set up a system to track your income and expenses for tax reporting purposes.

Tip: Consider working with a tax professional who specializes in short-term rental businesses to maximize deductions and ensure compliance.

By following these steps and staying informed about local regulations, you can establish a successful short-term rental business in Bushkill. Remember that the key to long-term success lies in providing exceptional guest experiences and adapting to market changes.

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

For inquiries about short-term rental regulations and zoning in Bushkill, you'll need to contact the Lehman Township officials, as Bushkill falls under their jurisdiction. Here's who to reach out to:

Lehman Township Municipal Office

1. Address: 193 Municipal Drive, Bushkill, Pennsylvania 18324
2. Phone: (570) 674-7788
3. Fax: (570) 674-3541
4. Email: secretary@lehmantwp.com

Zoning Office

1. Phone: (570) 675-8224
2. Fax: (570) 674-3541
3. Email: zoning@lehmantwp.com

Zoning Officer
Stan Whittaker

Township Solicitor
Donald Karpowich

For the most up-to-date and accurate information regarding short-term rental regulations, it's advisable to speak directly with these officials.

Useful Communities and Resources for Hosts:

BiggerPockets Forums: The Short Term Rental & Airbnb Investing Forum on BiggerPockets is an active community where hosts discuss various aspects of short-term rentals, including regulations and best practices.

Reddit r/Poconos: This subreddit often features discussions about short-term rentals in the Pocono area, including Bushkill. It can be a good source of local insights and experiences.

Saw Creek Estates Property Owners Association: If your property is within Saw Creek Estates, you'll need to be aware of their specific rental policies. Contact their office for more information.

Pennsylvania Short Term Rental Association (PASTRA): While not specific to Bushkill, this association advocates for short-term rental owners across Pennsylvania and can be a valuable resource for understanding state-wide regulations and trends.

Remember that short-term rental regulations can change, and it's crucial to stay informed about the latest rules and requirements in Lehman Township. Always verify information with official sources to ensure compliance with current regulations.