Tivoli Joins Other Northern Dutchess Communities in Passing Short-Term Rental Law; First-Come, First-Served System to be Used

The Tivoli Board of Trustees unanimously voted in favor of adopting a local law on short-term rentals and accessory dwelling units on Wednesday following two years of discussion and debate and a well-attended public hearing that launched in February.

Discussion during the final day of hearings centered on STR restrictions, stabilizing the rental market, and conserving streams of property-based income for homeowners. Residents debated the planned first-come, first-served permit system, which will lead to the issuance of just 15 permits in the first year of implementation of so-called Local Law A. Permit holders will not be allowed to host short-term renters for more than 60 days each year, nor may they hold more than one permit at a time.

During the hearing this week, Tivoli Mayor Joel Griffith stated his support for the new law, which passed unanimously.

“Something had to happen at this time,” Griffith said. “We could not sit and let the status quo roll along. There’s too much dynamism in the housing market and too much dynamism with online platforms in our sleepy little village.” By Griffith’s estimate, roughly 20 STRs currently exist in Tivoli, consuming about 5 percent of the village’s housing stock, which includes 366 households, according to Point2Homes.com.

Among other provisions, Local Law A will:

• Limit STR hosts in most zoning districts to a total of 60 rented nights per year
• Prevent homeowners from advertising temporary structures (such as tents or treehouses) as STRs
• Require off-street parking for all ADUs
• Allow zoning officers, police, and judges to enforce STR restrictions with tickets, fines, and criminal charges.

Supporters of the new restrictions named the strained housing market, a desire to protect community character, and legislation in neighboring towns as reasons to crack down on vacation homestays, which have never been legal but which have operated in the absence of regulations that formally declared the rules for their operation. 

“As areas like Hudson, Red Hook, and Rhinebeck pass more restrictive laws, it’s going to focus attention on areas that do not have regulations in place,” Broadway renter and Local Law A supporter Hayden Sartoris said. “So any problems that exist now, they will be worse without something to knock this back.” 

Residents opposed to STR regulations focused primarily on the income they will lose and objected to what many called strict permit stipulations. For example, the new STR permits will require the property owner to be on-site during all guest stays. “We have a traditional, single-family house,” resident and AirBnb operator Nicole Griffin said. “So it would literally be: ‘Hi! Welcome to our shared bathroom!’ ”

Griffin and husband Todd own a home without a so-called accessory dwelling unit, so hosted stays would require cohabitating with short-term renters. Homeowners with ADUs will be permitted to rent the primary home and inhabit the additional structure themselves during the length of a guest stay. ADUs will not be eligible for STR permits under Local Law A. 

ADUs, however, may be leased to long-term tenants without a special permit. “It’s actually a lot easier to have long-term tenants than short-term tenants,” said Thrift2Fight owner Masha Zabara, who has managed a multi-unit rental property in Tivoli.

Under the new law, an ADU is defined as a structure of 250 to 800 square feet that complements a primary residence. All ADU plans will be subject to review by the Planning Board to enforce code specifications, including one that states that a given property must have adequate square footage to accommodate a second dwelling without altering the ‘single-family character’ of a neighborhood. Existing ADUs that do not comply with Local Law A must be modified according to the new code or discontinue operation.

While creating new legislation to govern STRs and ADUs, officials amended planning processes to better reflect accessibility requirements outlined in the Americans with Disabilities Act (ADA). All proposed projects will now be evaluated for ADA compliance, and the Planning Board will push for modifications to achieve compliance in existing structures. Griffith expressed that he is “extremely proud” to include this amendment in the town code. 

Changes associated with Local Law A, including the above amendment, will take effect 90 days after the law is filed, which is expected to be next week.

The post Tivoli Joins Other Northern Dutchess Communities in Passing Short-Term Rental Law; First-Come, First-Served System to be Used first appeared on The Daily Catch.