The Short-Term Rental Debate
The Short-Term Rental Debate
The Board Heard From Individuals For And Against Making Short-Term Rental Changes at This Month’s Town Board Meeting
The Town Board of Ellicottville, NY came together on Wednesday, November 20, 2024 to discuss the hot topic of short-term rentals with a scheduled public hearing.
In attendance, along with the Board of Trustees and Town Supervisor McAndrews, a full room of people gathered to provide their input on the recently drafted laws concerning short-term rentals. The conditions of the evening stated that any interested person could sign up to publicly speak with an expected limit of three minutes. Thirty people had volunteered their time to voice their concerns or support regarding the future of short-term rentals in the Town of Ellicottville.
A majority of those present represented owners, local to the area, that have maintained a high standard of business. Their presence reflected their knowledge of the current changes in regulations and responsibilities as short-term rental providers. It was clear that the owners present have a standard beyond those that are voiced in current complaints and were willing to work with the Town of Ellicottville. With that being said, they believe that changes must be made to reflect more so on the accountability of each owner instead of the broad grouping that’s currently proposed.
The current 12-page short-term rental law consists of major changes to the way operations are managed. Some of the highlights within the draft consist of regulations property owners find impossible to shift to. To summarize what has been written within the draft, each person will be limited to one property to hold as a short-term rental unit. They will adhere to a maximum occupancy of 10 guests regardless of rental property size. There is an increased fee set at $700 for short-term rental licensing with rental licenses being renewed each year. Safety standards, housing and fire codes must be met for each property and inspections will be carried out by the Town to ensure upgrades are made as needed. Property owners are expected to have a response time within an hour to address any concerns that may be made by residents within the area. These regulations were the major talking points of the public hearing and prompted talks between short-term rental owners, residents, and the Town Board.
The disagreements addressed by opposing attendants respectfully stated that these changes cover a far more general sweep than that which reflects each owner. Starting with the proposition for a 10-person occupancy regulation, it was argued that it does not fairly address the size of a property or the bedrooms available to host. If a home offers a safe amount of bedrooms that can cover a 10-person group, then they should have the availability to accommodate larger bookings. A speaker himself spoke on how his family of 8 children and wife would not be allowed the enjoyment of friends and extended family if this were put in place.
Others spoke on how Ellicottville is a place to gather and enjoy milestones and memories together in generational groups of grandparents, children, and grandchildren. If the 10-person maximum succeeded, this would send families looking elsewhere for their travel and tourism needs, seeing that hotel accommodations become financially impossible for larger scaled groups. Another speaker made the point that a 10-person maximum is a regulation of the Department of Housing and Urban Development (HUD), to which Ellicottville is not an Urban area and to consider the rural nature of the area and homes available.
On the other hand, a few concerned residents spoke on the damage and disruption large scaled groups cause to residential areas. The few in agreement with the laws proposed stated that when short-term rentals are used for sizable groups, guests come in for a weekend away and cause an overflow in units, parking in un-permitted areas, and noise disturbances.
Those opposed, reiterated that they as property owners, take it upon themselves to vet and confirm as best they can that the guests arriving are within the terms of their rental regulations. Most of the property owners present stated that they have had little to no issue with their guests, and that the concerns addressed reflect negligent short-term rental owners. Both parties agree that regulations should be in place, but with owners stressing that it should come down to the individual situations at play. If one property is causing concern, they should be held accountable by the Town with action being taken against those at fault.
Continuing on, conversations addressed the drafted law to which only one short-term rental license can be held per person. Those who opposed discussed that this would make their previous investments obsolete. To the owners who have responsibly maintained and run multiple short-term rentals, they stated that this will disrupt their business and livelihood they have worked toward.
The $700 fee proposed was also opposed by some speakers in attendance. While some owners said they could accept this fee, other residents who have seasonal rental properties found this cost to be excessive. The fee was argued to offset any income that could be generated on top of taxes and upkeep for part-time short-term rentals. A seasonal rental usually rents out for three months during the winter, hopeful for heavy snow to fill their weekend spots. They countered by requesting the drafted law to consider a separation between part-time short-term rentals and full-time short-term rentals in terms of what fees are paid.
All parties agreed that safety and fire codes are a reasonable position to stand behind and would make the necessary changes as laws regulated. There was confusion, however, behind some other housing updates proposed by the drafted law. One speaker who voiced his opposition stated how his unit would lose the lofted bedroom which would now be considered a bonus space. This brings the unit down in considered space, but he paid taxes on the unit to reflect a bedroom available. Another speaker asked to have clear documentation and a time frame on when and what would need to be changed to avoid scrambling to meet the required deadlines.
With such major changes in draft form, opposed owners want to understand how they can work together to make fair changes to better benefit the local economy and quality of life within the community. If each owner is being held as a business, then one speaker questioned how a typical business could hold two storefronts whereas in this case they will only be allowed one short-term rental. They expressed their feelings of unfairness to those who have followed their HOAs and set rules only to be punished by the actions of absent owners. Ultimately what opposed parties would like to see is data to support these changes in rentals.
One speaker presented the public call logs of May, June, and July which stated there were only 5 noise complaints made to the police department within the Town of Ellicottville. They want to see code enforcement officers available on the weekend to penalize properties that are not meeting the standards of respectful short-term rentals. A three-strike system was suggested by one speaker who explained how warnings, fines, and ultimately removing the licensing for poorly managed properties could really help with the issues addressed by the community.
There were some other aspects addressed by those who were in favor of the drafted laws. One speaker voiced their concerns about purchasing a home as a local resident when most available options quickly become bought out by investors. Some countered that the housing market is slowly coming down and that the lack of affordable housing was due to the COVID pandemic, however, it does not change for those who have experienced the issue. Others voiced that when you live next to a problematic rental, it truly disrupts your everyday quality of life, and something must change to better suit the needs of the community.
The short-term rental market is a huge point of the Town’s economy, bringing in tourism, jobs, and other opportunities to grow off of. A partnership between short-term rental owners and the Town of Ellicottville has to be met in a way that benefits both parties, while providing a safe and enjoyable experience. The next steps forward in this process will be to review the points made at the public hearing and consider any possible changes that can be made. For those who were not in attendance at the public hearing, the Town has offered written statements to be made to the Town Clerk at evltownclerk@gmail.com. You can find more public information on the Town of Ellicottville on their government website at www.ellicottvillegov.com and to rewatch the live stream of the public meeting, check out the posts on the “I Love Ellicottville, NY” Facebook page.