Hempstead Town Proposes Banning Short-Term Rentals

In a move directed against short-stay services like Airbnb, Town of Hempstead Supervisor Anthony Santino is putting forward a law to prohibit short-term residential property rental in the town, as well as establish a rental registry and permit program to ensure rental units are in compliance with fire safety regulations.

Santino said the new rental restrictions and the rental permit and registry requirements have become necessary as a result of the proliferation of short-term residential rentals, which has been evidenced through a sharp increase in transient rental listings in the town on websites such as Airbnb, VRBO and Home Away. Santino, joined with Council members Dorothy Goosby, Anthony D'Esposito and Dennis Dunne, Sr., made the announcement in front of the historic Rock Hall in Lawrence.

"Ensuring the safety of properties in our township and preserving the residential character of our communities and neighborhoods in Hempstead Town are among my top priorities," said Santino. "Prohibiting short-term residential rentals and establishing a rental permit and registry program will help achieve the important goals of keeping residential houses safe and maintain community character."

Under the proposed law, residential property rentals would be restricted to a minimum of 28 days. There would also be accompanying provisions that would establish a residential property rental permit and registry program. The permits provide for property inspections to ensure that rental units are safe and compliant with fire safety, zoning and building codes and regulations. The officials specifically pointed to the need to ensure that carbon monoxide and smoke detectors are operational and that adequate egress exists in residences that are rented within the town.

People who want to rent out homes would have to pay a home-rental registry and permit program fee of $500 for the initial two-year permit and a renewal fee of $450 thereafter. The fees would cover the administrative costs of processing applications and the expenses associated with building department inspections to ensure compliance with building regulations and safety requirements.

The proposed new law would also guard against transient or short-term residential listings by prohibiting certain rental and real estate listings. In specific, listing of properties for short-term rental or listing real estate as accommodating "transient rentals" would not be permitted under the Supervisor’s proposal. Santino indicated that the town’s building department would be monitoring short-term rentals sites and real estate listings to ferret out violations.

A small group of existing rental properties that are subject to other building department regulations would not fall under the new rental-permit program. In particular, mother-daughter and senior-accessory apartments, which are subject to other existing inspections and permitting requirements, would not fall under the proposed rental permit and registry program.

The proposed law will be given a public hearing at the July 11 board meeting.

"Today we are standing in front of one of our town’s oldest and most historic homes, which stands as a emblem of the residential character of our township," Santino said. "This proposal to restrict residential property rentals will preserve the suburban nature of our area and keep people who rent homes safe."

Photo: Town of Hempstead