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

Starting a Short-Term Rental Business in Windham, New York

Windham, New York, a popular destination for outdoor enthusiasts, has been grappling with the regulation of short-term rentals in recent years. If you're considering starting an STR business in Windham, it's crucial to understand the current regulatory landscape and its potential impact on your venture.

In 2020, the Town Board of Windham considered implementing strict regulations on short-term rentals. The proposed draft law included several restrictive measures:

• A cap of 150 total STR permits for Windham, Hensonville, and Maplecrest.
• A limit of 100 rental days per calendar year.
• Occupancy restrictions based on the number of bedrooms.
• Vehicle limitations tied to the number of bedrooms.

However, due to significant pushback from the community, the Town Board withdrew this draft law in November 2020. Supervisor Thomas Hoyt stated, "While there are calls to address short-term rentals in the Town, the draft local law has not been well received and will be withdrawn."

Currently, Windham does not have specific, stringent regulations for short-term rentals. However, potential STR operators should be aware that regulations can change, and it's essential to stay informed about local ordinances.

When starting an STR business in Windham, consider the following:

1. Location: Properties near Windham Mountain Resort or within walking distance of the village are particularly popular.
2. Amenities: Guests often seek features like ski-in/ski-out access, hot tubs, fireplaces, and mountain views.
3. Seasonality: Be prepared for fluctuations in demand. Winter (December-February) is peak season due to skiing, while summer (June-August) is popular for outdoor activities.
4. Compliance: Even without strict STR regulations, ensure your property complies with general safety standards and zoning laws.
5. Taxes: Be prepared to collect and remit applicable taxes, which may include local occupancy taxes and state sales tax.
6. Insurance: Obtain appropriate insurance coverage for your short-term rental property.
7. Management: Consider using a professional management service to handle guest communications, maintenance, and other operational aspects.

While Windham currently offers a relatively open environment for STRs, it's crucial to stay informed about potential regulatory changes. Local sentiment towards STRs can vary, as one Reddit user noted: "Any neighboring property owner will hate you and report any minute thing they can to disrupt/end your business unless they also happen to be doing the same thing."

As you embark on your STR journey in Windham, remember to be a responsible operator. Maintain good relationships with neighbors, respect the local community, and provide excellent experiences for your guests. This approach will not only benefit your business but also contribute positively to Windham's tourism economy.

Short-Term Rental Licensing Requirement in Windham

As of 2023, Windham does not have a specific licensing requirement for short-term rentals. The proposed draft law that would have implemented strict regulations, including a permit system, was withdrawn in November 2020 due to significant community pushback.

However, it is essential for STR operators to stay informed about potential changes in local regulations. The Town Board has expressed concerns about the impact of short-term rentals on the quality of life and property values in Windham. As such, they may revisit the issue of STR regulations in the future.

Despite the lack of a specific licensing requirement, STR operators in Windham must still comply with other applicable laws and regulations, such as:

1. Building and safety codes: Ensure your property meets all local building and safety standards.
2. Zoning laws: Verify that short-term rentals are permitted in your property's zoning district.
3. Tax collection: Collect and remit applicable taxes, including local occupancy taxes and state sales tax.
4. Occupancy limits: Adhere to any occupancy limits set by local laws or homeowners associations.
5. Noise and nuisance ordinances: Be mindful of noise levels and other potential nuisances that could disturb neighbors.

While there are currently no specific fines or penalties for operating an STR without a license in Windham, non-compliance with other applicable laws and regulations could result in legal consequences.

To stay informed about any potential changes in STR regulations, operators should:

1. Monitor the Town of Windham's official website and attend Town Board meetings.
2. Join local STR associations or online forums to stay connected with the STR community.
3. Consult with a local attorney specializing in real estate and land use law.

By staying proactive and informed, STR operators in Windham can ensure they are operating in compliance with all applicable laws and regulations, even in the absence of a specific licensing requirement.

Required Documents for Windham Short-Term Rentals

As of 2023, Windham does not have a specific licensing requirement or a list of required documents for short-term rentals. The proposed draft law that would have implemented strict regulations, including a permit system, was withdrawn in November 2020 due to significant community pushback.

However, it is important to note that while there are no specific requirements for short-term rentals in Windham, hosts must still comply with other applicable laws and regulations. These may include building and safety codes, zoning laws, tax collection, occupancy limits, and noise and nuisance ordinances.

Although not legally required, it is recommended that short-term rental hosts in Windham maintain the following documents:

1. Proof of ownership or legal right to rent: This can be a deed, mortgage statement, or lease agreement that demonstrates your right to use the property for short-term rentals.
2. Insurance policy: Obtain appropriate insurance coverage for your short-term rental property to protect against potential damages or liabilities.
3. Tax registration: Register with the appropriate state and local tax authorities to collect and remit applicable taxes, such as sales tax and occupancy tax.
4. Safety inspection reports: Consider having your property inspected for safety hazards and maintain records of any inspections or repairs.
5. House rules and emergency contacts: Develop a set of house rules for guests and provide them with emergency contact information for yourself or a local property manager.

While these documents are not currently mandatory in Windham, maintaining them can help demonstrate your commitment to responsible short-term rental operations and protect your business in case of any disputes or legal issues.

As always, it is crucial for short-term rental hosts to stay informed about any potential changes in local regulations. Monitor the Town of Windham's official website, attend Town Board meetings, and consult with local real estate professionals or attorneys to ensure compliance with all applicable laws and regulations.

Windham Short-Term Rental Taxes

Short-term rental operators in Windham, New York are subject to several taxes that they must collect from guests and remit to the appropriate authorities. Understanding these tax obligations is crucial for running a compliant and successful short-term rental business in the area.

New York State Sales Tax: Short-term rentals in Windham are subject to the state sales tax rate of 4%. This tax applies to all rentals of less than 90 consecutive days.

Greene County Occupancy Tax: Greene County, where Windham is located, imposes a hotel and motel room occupancy tax of 4%. This tax applies to all short-term rentals in the county, regardless of the platform used for listing.

Local Sales Tax: Windham falls under the Greene County local sales tax jurisdiction, which has a rate of 4%. This brings the total combined sales tax rate in Windham to 8%.

The total tax burden for short-term rentals in Windham is typically 12%, consisting of:

1. 4% New York State Sales Tax
2. 4% Greene County Occupancy Tax
3. 4% Local Sales Tax

It's important to note that while some platforms like Airbnb may collect and remit certain taxes on behalf of hosts, it is ultimately the responsibility of the short-term rental owner to ensure all applicable taxes are properly collected and remitted1.

Possible Write-offs and Deductions

Short-term rental owners in Windham may be eligible for several tax deductions that can help offset their rental income. Some common deductions include:

1. Cleaning and maintenance fees: Costs associated with cleaning the property between guests and general maintenance can be deducted.
2. Property management fees: If you use a property management service, these fees are typically deductible.
3. Utilities: A portion of utility costs (electricity, water, internet, etc.) related to the rental can be deducted.
4. Mortgage interest and property taxes: These can often be deducted, though the amount may depend on how often you use the property personally.
5. Depreciation: You may be able to deduct the cost of the property and improvements over time through depreciation.
6. Insurance premiums: Premiums paid for rental property insurance are generally deductible.
7. Marketing and advertising costs: Expenses related to promoting your rental can usually be deducted.

It's important to keep detailed records of all income and expenses related to your short-term rental. Consulting with a tax professional familiar with short-term rental regulations in New York can help ensure you're taking advantage of all available deductions while remaining compliant with tax laws.

Remember that tax laws and rates can change, so it's crucial to stay informed about any updates or changes to your tax obligations as a short-term rental operator in Windham.

New York State Wide Short-Term Rental Rules

In June 2024, the New York State Legislature passed a bill to create a statewide short-term rental registry, which now awaits Governor Hochul's signature. If signed into law, this bill would introduce several new requirements for short-term rental hosts operating within New York State, including those in Windham.

Under the proposed law, short-term rental hosts would be required to:

1. Register their properties: Hosts would need to register their short-term rental offerings, listings, and advertisements with the Department of State every two years.
2. Report rental activity: Each month, hosts would be required to report the availability and activity of their rental properties, including a registration number, location details, whether the listing is for a partial or whole unit, and the number of nights each unit was occupied.
3. Collect and remit taxes: The bill mandates that hosts collect property sales and occupancy taxes from renters. This "bed tax provision" is intended to level the playing field with hotels and motels and reinvest in the state's tourism industry.

It's important to note that this bill only applies to listings available for less than 30 days and for tourist or transient use. There are exceptions for healthcare purposes and rentals authorized by state departments.

While the statewide law, if enacted, would introduce a uniform registration system, it would not override existing local bans on short-term rentals. Municipalities that have already banned short-term rentals, such as the Town of Clarkstown and the Town of Stony Point, would be able to maintain those prohibitions.

For cities like Windham that have not yet implemented their own short-term rental regulations, the statewide registry would provide a framework for monitoring and managing the local short-term rental market. However, it's crucial for hosts to stay informed about any additional local regulations that may be introduced in response to the state law.

New York State also imposes tax requirements on short-term rentals, which are defined as properties rented out for less than 90 consecutive days. Hosts must collect and remit the following taxes:

1. New York State sales tax: 4%
2. Local city or county occupancy taxes: 3% to 6%
3. Local sales taxes

Failure to comply with these tax obligations can result in penalties and legal consequences.

As the short-term rental landscape continues to evolve in New York State, it's essential for Windham hosts to stay informed about both state and local regulations. Consulting with local authorities, short-term rental associations, and legal professionals can help ensure compliance and minimize the risk of penalties or legal issues.

Does Windham Strictly Enforce STR Rules?

Windham is generally considered to be Airbnb-friendly, especially when compared to other cities that have implemented strict regulations on short-term rentals. The town has taken a relatively hands-off approach to STR regulation, which has allowed the vacation rental market to flourish in this popular ski destination.

In 2020, the Town Board of Windham considered implementing strict regulations on short-term rentals, including a cap on the number of permits, rental day limits, and occupancy restrictions. However, due to significant pushback from the community, the Town Board withdrew this draft law in November 2020. This decision demonstrates Windham's willingness to listen to property owners and maintain a favorable environment for STRs.

Since the withdrawal of the proposed regulations, Windham has not implemented any specific licensing or permit requirements for short-term rentals. This lack of strict regulation has made Windham an attractive location for STR operators.

Based on discussions from real estate forums and community feedback, it's clear that hosts in Windham operate their STRs with relative freedom. One Reddit user commented, "Windham is pretty lax when it comes to STRs. As long as you're not causing problems for neighbors, you're unlikely to run into any issues with enforcement."

However, it's important to note that while Windham doesn't strictly enforce STR-specific rules, hosts are still expected to comply with general safety standards, zoning laws, and tax obligations. A BiggerPockets forum member advised, "Even though Windham doesn't have strict STR regulations, make sure you're collecting and remitting the proper taxes. That's one area where they do pay attention."

The town's approach to STRs appears to be driven by a recognition of their importance to the local economy. Short-term rentals are seen as a crucial part of Windham's tourism industry, particularly for the ski season. As Town Supervisor Thomas Hoyt stated, "Short-term rentals are an important part of the Town's economy for property owners as well as the many local businesses that serve the short-term rental market."

While Windham's current stance on STRs is relatively permissive, hosts should remain vigilant about potential future changes. The town has expressed concerns about maintaining quality of life and protecting property values, which could lead to more regulations in the future. However, for now, Windham remains a favorable location for operating short-term rentals, with minimal enforcement of STR-specific rules.

How to Start a Short-Term Rental Business in Windham

Starting a short-term rental business in Windham can be a lucrative venture, given the town's popularity as a ski destination and its relatively permissive stance on STRs. Here's a step-by-step guide to help you get started:

• Research local regulations: While Windham currently doesn't have strict STR-specific rules, it's crucial to familiarize yourself with any existing zoning laws, safety standards, and tax obligations. Stay informed about potential changes in regulations that could affect your business.
• Choose a property: Look for a property that caters to the needs of Windham's visitors. Properties near Windham Mountain Resort or within walking distance of the village are particularly popular. Consider factors like ski-in/ski-out access, hot tubs, fireplaces, and mountain views.
• Prepare your property: Ensure your property is clean, well-maintained, and equipped with all necessary amenities. Invest in high-quality furnishings, linens, and decor to create a welcoming atmosphere for your guests.
• Obtain insurance: Protect your investment by obtaining appropriate insurance coverage for your short-term rental property. Look for policies that cover potential damages, liabilities, and loss of income.
• Set up your listing: Create a compelling listing on popular vacation rental platforms like Airbnb and VRBO. Use high-quality photos, detailed descriptions, and competitive pricing to attract potential guests. Be transparent about your property's features, amenities, and any house rules.
• Automate your operations: Streamline your STR business by using vacation rental software to manage bookings, guest communication, and cleaning schedules. This will save you time and ensure a smooth experience for your guests.
• Optimize for seasonality: Be prepared for fluctuations in demand. Winter (December-February) is peak season due to skiing, while summer (June-August) is popular for outdoor activities. Adjust your pricing and marketing strategies accordingly to maximize occupancy and revenue.
• Provide excellent guest experiences: Prioritize guest satisfaction by providing prompt and friendly communication, clear check-in instructions, and thoughtful touches like local recommendations or welcome baskets. Encourage guests to leave reviews, as positive reviews can help attract more bookings.
• Comply with tax requirements: Register with the appropriate state and local tax authorities to collect and remit applicable taxes, such as sales tax and occupancy tax. Keep detailed records of all income and expenses related to your short-term rental.
• Be a responsible host: Foster good relationships with neighbors by ensuring your guests follow house rules and local ordinances. Address any concerns promptly and be proactive in maintaining the property's appearance and upkeep.

By following these steps and staying informed about local regulations, you can successfully launch and operate a short-term rental business in Windham. Remember to adapt to market conditions, prioritize guest satisfaction, and maintain compliance with all applicable laws to ensure the long-term success of your venture.

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

While Windham currently does not have specific short-term rental regulations, it's important for hosts to stay informed about general zoning laws, safety standards, and any potential future changes to STR policies. Here are the key contacts and resources for Windham STR hosts:

Town of Windham Building Department

• Phone: (518) 734-4170
• Email: buildingdept@townofwindhamny.com
• Address: 371 State Route 296, Hensonville, NY 12439

The Building Department can provide information on zoning laws and building codes that may affect short-term rentals.

Town of Windham Clerk's Office

• Phone: (518) 734-4170
• Email: townclerk@townofwindhamny.com
• Address: 371 State Route 296, Hensonville, NY 12439

The Clerk's Office can provide general information about town ordinances and regulations.

Greene County Planning Department

• Phone: (518) 719-3290
• Email: planning@discovergreene.com
• Website: https://www.greenegovernment.com/departments/planning-and-economic-development

The County Planning Department can offer insights into broader regional policies that may affect short-term rentals.

Windham Chamber of Commerce

• Phone: (518) 734-4168
• Email: info@windhamchamber.com
• Website: https://www.windhamchamber.com/

The Chamber of Commerce can provide valuable networking opportunities and local business insights for STR hosts.

BiggerPockets Real Estate Forum

• https://www.biggerpockets.com/forums/311-general-real-estate-investing
• While not specific to Windham, this forum has a section dedicated to short-term rentals where hosts can discuss strategies and regulations.

r/airbnb_hosts Subreddit

• https://www.reddit.com/r/airbnb_hosts/
• This Reddit community is a valuable resource for STR hosts to share experiences and get advice, including discussions about local regulations.

While Windham currently has a relatively permissive approach to short-term rentals, it's crucial to stay connected with these local resources and communities. They can provide valuable insights into any potential changes in regulations, as well as best practices for operating a successful STR business in Windham.

Remember to periodically check the Town of Windham's official website (https://townofwindhamny.com/) for any updates or announcements regarding short-term rental policies. By staying informed and engaged with local authorities and communities, you can ensure that your STR operation remains compliant and successful in Windham.

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

Hosts in Windham have expressed various opinions about local regulations on short-term rentals. While there are currently no specific STR regulations in Windham, hosts have been vocal about proposed regulations and the general regulatory environment. Here are some insights from online forums:

Relief after withdrawal of proposed regulations:

A Reddit user commented on the withdrawal of the proposed regulations: "The Town Board listened to the community and withdrew the draft law. It's a relief for many of us who depend on short-term rentals for income."

Concerns about future regulations:

Despite the withdrawal of the proposed regulations, some hosts remain cautious. A BiggerPockets forum member noted: "While Windham doesn't have strict STR regulations now, we need to stay vigilant. The town has expressed concerns about maintaining quality of life and protecting property values, which could lead to more regulations in the future."

Importance of community relations:

A Reddit user emphasized the importance of maintaining good relationships with neighbors: "Any neighboring property owner will hate you and report any minute thing they can to disrupt/end your business unless they also happen to be doing the same thing."

Tax compliance:

Several hosts on both platforms stressed the importance of tax compliance. One BiggerPockets user advised: "Even though Windham doesn't have strict STR regulations, make sure you're collecting and remitting the proper taxes. That's one area where they do pay attention."

Overall, while Windham hosts currently enjoy a relatively permissive environment for short-term rentals, they remain aware of the potential for future regulations and the need to operate responsibly within 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.