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

Starting a Short-Term Rental Business in York County, Pennsylvania

If you are thinking about renting out your house, an accessory structure, or one or more rooms in your house on a short-term basis in York County, Pennsylvania, there are some important regulations you need to be aware of.

In York County, short-term rentals are categorized as either tourist homes or bed and breakfast inns (B&Bs). The key difference is that B&Bs provide breakfast in addition to overnight accommodations, and the property owner must live on the premises or in an adjacent property.

Tourist homes and B&Bs are allowed by right in the Limited Business (LB) and General Business (GB) zoning districts in York County. However, in residential zoning districts (RC, RR, R33, R20, R13, and RMF), a Special Use Permit from the Board of Supervisors is required. Special Use Permits are granted on a case-by-case basis and the process typically takes 2-3 months. It requires two public hearings and a non-refundable $560 application fee in most cases.

STRs in residential districts must maintain the appearance of a single-family detached home. All parking must be accommodated on the property, with no on-street parking allowed. One small non-illuminated sign up to 4 square feet may be permitted to identify the STR.

The maximum number of guests allowed will be determined by the Board of Supervisors based on factors like the density and character of the area and the size of the property. STRs are subject to the 6% Pennsylvania Hotel Occupancy Tax, the 5% York County transient occupancy tax, and a $2 per night room tax. STR operators must obtain a York County business license, set up a transient occupancy tax account with the county, and register for a Pennsylvania sales tax account.

The York County Board of Supervisors adopted a Short Term Rental Homes policy in June 2024 with guidelines they may consider when evaluating STR requests. As of February 2023, there were over 300 active STR listings in the York area on Airbnb. However, the city of York is considering limiting the total number of licensed STRs to 100, so it's unclear how they would handle reducing the current number of STRs down to that cap.

It's important to note that in addition to county regulations, STR operators must also comply with any relevant HOA rules, lease agreements, or local municipal ordinances that may further restrict short-term rentals. Failure to obtain proper permits and licenses can result in fines or your STR business being shut down.

If you are interested in applying for a Special Use Permit to operate a short-term rental in York County, contact the York County Planning Division at (757) 890-3404, email them at planning@yorkcounty.gov, or visit their office at 100 County Drive in Yorktown for more information.

Short-Term Rental Licensing Requirement in York County

To legally operate a short-term rental in York County, Pennsylvania, you must obtain a license from the county. Here are the detailed requirements based on the official York County website:

Determine if your property is zoned for STRs. Tourist homes and B&Bs are allowed by right in the Limited Business (LB) and General Business (GB) districts. In residential districts (RC, RR, R33, R20, R13, and RMF), a Special Use Permit from the Board of Supervisors is required.

If your property is in a residential district, apply for a Special Use Permit. The process typically takes 2-3 months, requires two public hearings, and has a non-refundable $560 application fee in most cases. Contact the York County Planning Division at (757) 890-3404, planning@yorkcounty.gov, or visit their office at 100 County Drive in Yorktown for details.

Ensure your STR maintains the appearance of a single-family detached home and that all parking is accommodated on the property with no on-street parking. You may have one small non-illuminated sign up to 4 square feet identifying the STR.

The maximum number of guests allowed will be determined by the Board of Supervisors based on factors like area density, property size, and site characteristics.

Obtain a York County business license, set up a county transient occupancy tax account, and register for a Virginia State Sales Tax account with the Commissioner of the Revenue.

Collect and remit the 6% Pennsylvania Hotel Occupancy Tax, 5% York County transient occupancy tax, and $2 per night room tax as required.

Failure to obtain the proper permits and licenses for your STR can result in fines, penalties, and your rental being shut down by the county. It's important to go through the proper channels and secure a Special Use Permit if needed before beginning to operate a short-term rental business.

The York County Board of Supervisors adopted updated guidelines in June 2024 that they may consider when evaluating STR requests and applications. As the popularity of Airbnb and other STR platforms has grown in recent years, the county is working to find a balance between allowing these rentals while still preserving the residential character of neighborhoods. Following the official licensing process is an important step for STR operators to stay in compliance with evolving local regulations.

Required Documents for York County Short-Term Rentals

To legally operate a short-term rental in York County, Pennsylvania, you must obtain a Special Use Permit and submit several required documents. Here is a list of the key documents needed, their purpose, and where to obtain them:

• Special Use Permit Application: This is the main application form to request permission to operate an STR in a residential zoning district in York County. It requires details about the property, the proposed STR use, parking accommodations, and the applicant. The non-refundable application fee is typically $560. Obtain the application from the York County Planning Division office at 100 County Drive in Yorktown or online at yorkcounty.gov.
• Proof of Ownership: You must provide a copy of the current deed showing you are the property owner in order to apply for an STR Special Use Permit. Contact the York County Recorder of Deeds office to obtain a copy of your deed.
• Property Survey or Site Plan: A property survey or site plan is required to show the location of the STR unit, parking areas, and any proposed signs on the property. It confirms the STR will maintain the appearance of a single-family home and that parking will be accommodated on-site.
• Floor Plan: A floor plan of the STR unit is needed to determine the maximum occupancy the Board of Supervisors will allow, based on the number and size of bedrooms. The floor plan also helps verify compliance with building safety requirements.
• Proof of Insurance: You must submit proof of liability insurance coverage for the STR property, with a minimum of $1 million in coverage recommended. This protects you and your guests.
• County Business License: Every STR operator is required to obtain a York County business license through the Commissioner of the Revenue office. You will need this license before your STR can begin operating.
• Transient Occupancy Tax Forms: STR operators must establish a County transient occupancy tax account and file monthly tax returns. Obtain the required forms from the Commissioner of the Revenue office.
• Pennsylvania Sales Tax License: You must register your STR with the Pennsylvania Department of Revenue and obtain a state sales tax license since STRs are subject to the state sales tax. Apply through the PA Department of Revenue website.

Submitting all of these required documents helps ensure your STR complies with York County's regulations aimed at protecting neighborhoods and guests. The York County Planning Division is available to answer questions and guide you through the Special Use Permit application process.

York County Short-Term Rental Taxes

Short-term rentals in York County, Pennsylvania are subject to several taxes at the state and local levels. It's important for STR operators to understand and comply with these tax obligations. Here is a breakdown of the key taxes that apply:

1. Pennsylvania Hotel Occupancy Tax: The state of Pennsylvania charges a 6% Hotel Occupancy Tax on the rental fee for any room or space offered for less than 30 consecutive days. This tax is collected by the STR operator from the guest and remitted to the Pennsylvania Department of Revenue.
2. York County Transient Occupancy Tax: York County levies a 5% transient occupancy tax on the rental of any room or space offered to the public for 30 days or less. This tax is in addition to the state Hotel Occupancy Tax and is also collected by the STR operator from the guest. The tax is remitted to the York County Commissioner of the Revenue on a quarterly basis using the Short Term Rental Tax form.
3. York County Room Tax: York County also charges a flat $2.00 per night room tax on all short-term rentals, regardless of the rental price. This tax is collected along with the 5% transient occupancy tax and remitted quarterly to the Commissioner of the Revenue.
4. Pennsylvania Sales Tax: STRs in Pennsylvania are considered taxable under the state sales tax. A 6% sales tax applies to the total rental fee, including any cleaning fees charged. STR operators must register for a sales tax license with the Pennsylvania Department of Revenue and file periodic sales tax returns.

In total, short-term rentals in York County are subject to a 6% state Hotel Occupancy Tax, 5% York County transient occupancy tax, $2 per night room tax, and 6% state sales tax. This amounts to a combined tax rate of 17% plus the $2 nightly room tax that must be collected from guests.

STR operators are responsible for collecting these taxes from guests and filing the appropriate returns and payments with the Pennsylvania Department of Revenue and York County Commissioner of the Revenue. Failure to comply can result in penalties, interest, and potentially legal action.

Possible Deductions and Write-Offs

STR operators may be able to deduct certain expenses related to their rental business on their income taxes. Some common deductible expenses include:

1. Mortgage interest and property taxes (if you itemize deductions)
2. Cleaning, maintenance, and repair costs
3. Utilities paid by the host
4. Supplies and amenities provided to guests
5. Insurance premiums
6. Advertising and platform fees (like Airbnb's service fee)
7. Depreciation of furniture and equipment used in the rental

It's best to consult with a qualified tax professional to determine which deductions you may be eligible for based on your specific circumstances. Keeping detailed records and receipts of all rental-related expenses is crucial for claiming any deductions.

Pennsylvania Wide Short-Term Rental Rules

While most short-term rental regulations in Pennsylvania are determined at the local level by counties and municipalities, there are a few key statewide rules that affect York County hosts:

1. Pennsylvania Hotel Occupancy Tax: The state of Pennsylvania charges a 6% Hotel Occupancy Tax on the rental fee for any room or space offered for less than 30 consecutive days. STR operators in York County must collect this tax from guests and remit it to the Pennsylvania Department of Revenue.
2. Pennsylvania Sales Tax: STRs in Pennsylvania are subject to the state sales tax. A 6% sales tax applies to the total rental fee, including any cleaning fees charged. York County hosts must register for a sales tax license with the Pennsylvania Department of Revenue and file periodic sales tax returns.
3. Voluntary Compliance Agreementwith Airbnb: In July 2016, Airbnb and the Commonwealth of Pennsylvania announced a voluntary compliance agreement (VCA) by which Airbnb would collect and remit the 6% Pennsylvania Hotel Occupancy Tax on behalf of its hosts. However, York County hosts listing on other platforms like VRBO are still responsible for collecting and remitting this tax themselves.
4. Liability Insurance Requirements: While not a statewide law, many municipalities in Pennsylvania, including some in York County, require STR operators to maintain a minimum level of liability insurance, often around $500,000 in coverage. It's important for York County hosts to check their local ordinances for any insurance mandates.

Beyond these statewide tax and insurance considerations, the majority of short-term rental rules in Pennsylvania are established by county and municipal governments. York County, for example, requires STR operators in residential zones to obtain a Special Use Permit from the Board of Supervisors. The county also levies a 5% transient occupancy tax and $2 per night room tax on STRs in addition to the statewide taxes.

As a York County host, it's critical to research and comply with all state and local regulations that apply to your STR property. Failure to obtain required permits and licenses, pay applicable taxes, or meet insurance and safety standards can result in significant fines and penalties. By understanding and following the rules, you can operate your rental legally and successfully.

Does York County Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on Reddit and BiggerPockets forums, York County appears to be relatively friendly towards short-term rentals compared to some other cities and counties. However, the county does require STR operators to follow a set of rules and regulations.

York County requires short-term rental operators in residential zoning districts to obtain a Special Use Permit from the Board of Supervisors. The process involves a non-refundable $560 application fee and typically takes 2-3 months, requiring two public hearings. STRs must also maintain the appearance of a single-family home, with all parking accommodated on the property and no on-street parking allowed.

While these regulations add some hurdles for STR operators, many hosts on Reddit and BiggerPockets report successfully navigating the process and legally operating their short-term rentals in York County. The general consensus is that as long as you follow the county's guidelines, obtain the necessary permits and licenses, and pay the required taxes, you can operate an STR without much pushback from the local government.

That said, some hosts have mentioned that York County does enforce its STR rules, and operating without the proper permits can lead to fines and penalties. In a Reddit thread discussing Airbnb regulations, one host shared that their neighbor in York County was fined for operating an unlicensed STR and had to go through the Special Use Permit process to continue hosting.

On BiggerPockets, an investor asked about purchasing a property in York County specifically for short-term rentals. Responses confirmed that while it's possible, the investor would need to ensure the property is zoned appropriately and go through the required steps to obtain a Special Use Permit and business license.

Overall, while York County has regulations in place for short-term rentals, it seems to be more Airbnb-friendly than some other markets with much stricter rules or outright bans. Hosts who follow the county's guidelines and obtain the necessary permits generally report being able to operate their STRs successfully. However, the county does enforce its rules, so it's crucial for hosts to comply with all requirements to avoid potential fines or legal issues.

How to Start a Short-Term Rental Business in York County

Starting a short-term rental business in York County, Pennsylvania can be a rewarding venture. Follow these steps to successfully launch your STR:

Research zoning requirements and obtain necessary permits:

1. Determine if your property is zoned for STRs. Tourist homes and B&Bs are allowed by right in the LB and GB districts, but require a Special Use Permit in residential districts (RC, RR, R33, R20, R13, and RMF).
2. Apply for a Special Use Permit if needed. The process typically takes 2-3 months, requires two public hearings, and has a $560 application fee in most cases.
3. Ensure your STR maintains the appearance of a single-family home, has on-site parking, and limits signage to one small 4 sq ft sign.

Prepare your rental space:

1. Make your rental safe, clean, and well-maintained. Install smoke detectors, carbon monoxide detectors, and fire extinguishers as required by law.
2. Provide essential amenities and thoughtful touches to create a comfortable and memorable guest experience. High-quality linens, a well-equipped kitchen, and local guidebooks are appreciated.
3. Take professional photos of your space to showcase its best features in your online listing.

Obtain necessary licenses and insurance:

1. Apply for a York County business license through the Commissioner of the Revenue office.
2. Set up a county transient occupancy tax account and obtain required tax forms.
3. Register with the Pennsylvania Department of Revenue for a state sales tax license.
4. Secure proper insurance coverage, such as a landlord or homeowner's policy with short-term rental endorsements. Minimum liability coverage of $500,000 to $1 million is recommended.

Create your listing on STR platforms:

1. List your property on popular sites like Airbnb and VRBO. Write an accurate, compelling description and include high-quality photos.
2. Highlight unique selling points, such as proximity to attractions, special amenities, or historic charm.
3. Set competitive nightly rates based on market research, your property's features, and any additional fees (cleaning, extra guests, etc.).

Establish policies and manage bookings:

1. Develop clear house rules and communicate them to guests before and during their stay. Cover parking, occupancy limits, noise restrictions, etc.
2. Use the booking platform's messaging system to promptly respond to inquiries and guest questions before and during their stay.
3. Consider hiring a reputable cleaning service or co-host to assist with turnover between guests if you cannot manage it yourself.

Comply with tax collection and reporting:

• Collect the 6% Pennsylvania Hotel Occupancy Tax and 6% state sales tax from guests.
• Collect the 5% York County transient occupancy tax and $2 per night room tax.
• File tax returns and remit taxes to the proper state and county offices as required (typically monthly or quarterly).
• Maintain organized records of all rental revenue and expenses to properly report your rental income on federal and state tax returns.

By following these steps, conducting thorough research, and providing excellent customer service, you can launch a successful short-term rental business in York County. Continuously monitor your listing's performance, guest reviews, and local regulations to make adjustments and remain compliant over time. With dedication and smart management, your STR can become a profitable venture.

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

If you have questions about short-term rental regulations and zoning in York County, Pennsylvania, the best resource is the York County Planning Division. You can contact them by phone at (757) 890-3404, email them at planning@yorkcounty.gov, or visit their office in person at 100 County Drive in Yorktown.

The Planning Division can provide information on zoning districts where short-term rentals are allowed, the Special Use Permit application process and fees for operating an STR in a residential district, and guidelines on parking, signage, occupancy limits and other requirements.

For questions related specifically to business licenses, the transient occupancy tax, and other tax requirements for short-term rentals, contact the York County Commissioner of the Revenue's office. Their phone number is (757) 890-3383.

Some additional resources that York County short-term rental hosts may find helpful include:

• The York County Commissioner of the Revenue's Short Term Rental Tax page with information on occupancy taxes and business license requirements: https://www.yorkcounty.gov/500/Short-Term-Rental-Tax
• The York County Planning Commission, which reviews Special Use Permit applications before making a recommendation to the Board of Supervisors. Their meeting schedule and contact info can be found here: https://www.yorkcounty.gov/1127/Planning-Commission
• Local host groups and forums like the Williamsburg Area Vacation Rental Owners Facebook group where STR operators can connect, share experiences, and ask for advice: https://www.facebook.com/groups/williamsburgvacationrentals/

By utilizing these official York County government resources and connecting with the local host community, short-term rental operators can ensure they are in compliance with all county regulations. The Planning Division and Commissioner of the Revenue's office are available to provide guidance throughout the STR licensing and tax registration process.

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

Based on discussions among Airbnb hosts on Reddit and BiggerPockets forums, opinions are mixed regarding short-term rental regulations in York County, Pennsylvania. While some hosts have successfully navigated the permitting process, others express frustration with the county's rules and requirements.

In a thread on the Airbnb Hosts subreddit, one York County host shared their experience obtaining a Special Use Permit to operate an STR in a residential zoning district. They described the process as "lengthy and costly" due to the $560 application fee and the requirement for two public hearings. However, they ultimately received approval from the Board of Supervisors and have been operating their rental successfully for over a year.

Another host on the same subreddit thread commented that the permitting process "wasn't too bad" but noted that the county's on-site parking requirement can be challenging for some properties. They advised prospective hosts to carefully review the county's guidelines and ensure their property can comply before applying for a permit.

On the BiggerPockets forums, an investor asked about purchasing a property in York County specifically for use as a short-term rental. Responses were cautionary, with one member stating that while it's possible, investors need to do their due diligence on zoning and be prepared for the time and cost of obtaining a Special Use Permit.

In another BiggerPockets thread discussing investing in York, a member mentioned that the city has seen increased investment and revitalization in its downtown over the past decade. However, they also noted that appreciation has been slow and that the short-term rental market may not be as lucrative as other areas.

Overall, while some York County hosts have had positive experiences with the permitting process, the general consensus is that the county's regulations can be burdensome and may deter some investors. Hosts recommend thoroughly researching the requirements and carefully evaluating a property's suitability before pursuing a short-term rental in York County.

Disclaimer: While we here at BNBCalc strive to keep all of our 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 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.