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Short Stay Mayhem?
Airbnb Issues to the Fore In Town Of Rochester

ACCORD – A public hearing on local laws regarding Airbnb offerings in the Town of Rochester drew a large crowd, and considerable discussion, last Thursday, August 3.

Carl Chipman started things off noting how he'd counted 287 Airbnb short term rentals in Rochester, and between 600 and 700 in Ulster County. The town's code enforcement officer, Gerry Davis, then spoke in dire terms, without addressing the Airbnb company's organization. "Official B & Bs pay taxes," he noted. "Airbnbs do not."

Davis went on to suggest that while official bed and breakfasts are owner-occupied, Airbnbs could be just about anything. He then listed some horror stories about "high school kids from New Jersey who were busted up in Woodstock... They had 52 bottles and four kegs and they were all under age." He listed concerns about fire safety, adherence to building codes and property maintenance. Fear of outsider landlords buying properties and letting them deteriorate while they are turned into dangerous "party houses" was palpable as Davis suggested that "the proper way is to register every short term rental like this and issue permits." One requirement would be a local contact or manager living within 30 to 60 minutes of the property in question. It was noted that property maintenance should be up to New York State codes.

A number of people then spoke, adding nuance and some light to the heat.

Rachel Countryman said there must be a distinction made between "transients" and "guests," classified by zoning area. She added that a "tenancy at will" for up to 30 days was an allowable option and reiterated the distinction between regulations concerning transients and real property law. Planning board chairman Mike Baden, currently running as the Democratic candidate for town board, suggested a zoning review committee to propose any new laws, and focused on issues involving the numbers of bedrooms serviced by an entrance, as well as the size of septic systems.

Chris O'Donnell said he thought that the concerns brought up were covered by existing laws and made the point that the town needed to carefully parse out the real issues involving short term rentals from scare stories. "Why add regulations when they already exist?" he wondered.

A number of local residents then clarified how Airbnb actually works, through their own experiences as hosts and visitors. The company has a strict ratings system, meaning any and all poorly maintained properties will be quickly delisted, and misbehaving guests will not be able to rent.

One woman spoke of having both long-term and short-term rentals and never having a problem, pointing out the care she takes choosing tenants of any sort. Another pointed out how their visitors made sure to go out to local restaurants, visit the local attractions, and spend in the area. "This is actually a plus to the community," said another woman, while other hosts pointed out how they worked to show off Rochester and the Rondout Valley.

Chipman added that the town board was trying to make any changes as "unobtrusive as possible" as more speakers pressed the better points of Airbnb, pointing out how Davis had received only three complaints out of nearly 300 listings. One man spoke about how he kept his yard in better shape as an Airbnb landlord; he compared what he was doing to finer hotels. Someone else noted how they are competing for customers, so even having towels that match and fresh soaps was important. Other speakers spoke of buying and refurbishing derelict properties in the town to rent as Airbnbs.

Steve Fornal made the point that under zoning law, "if it's not listed as allowed it's not allowed," adding that the town was trying to set up something that would not require police action. "This code is not adversarial; please read it again. We're trying to allow it!"

Bill Philliber said that the fire safety laws don't just apply to Airbnbs. "Why shouldn't every house in the town be inspected?"

A local real estate broker said that of a thousand or more rentals he'd arranged, there had been very little in the way of trouble — just a few occasions where too much alcohol had been involved. Someone else noted a proposed requirement that a sign be posted on the side of a house where Airbnb is listed, visible from the road.

Chris Hewitt, running for town board, spoke against any new town regulations since the county is actively trying to address the same issues. He felt that annual inspection was overreaching and noted how one of the regulations would ban tent rentals, but not "pop ups." Tourism is here, said Hewitt, and we have to be ready for it.

The issue of tents got another workup from Michael D'Agostino, CEO of Tentrr — which bills itself as "the new Airbnb of camping" and places tents on platforms with much acreage around each. Others spoke of home exchanges that bring people from foreign lands to the area, and allow Rochester residents to spend time elsewhere.

"This is a process. We're certainly listening to your concerns," Chipman said at meeting's end. "However, remember that we've never done anything that made everybody happy... I see that this is a viable way for some people to hold onto their homes."

In other business. the board voted to appoint Rebecca Collins from the ZBA to the vacancy on the planning board caused by John Dawson's resignation after making unbecoming social media comments.



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