
Episode #60
Residents Assess Philipstown Airbnb Law
Public hearing extended to next month Nathaniel Salerno and his husband have used income from two short-term rentals at their Philipstown home to pay for paving and other maintenance costs on the private road they share with three other property owners. Christina O'Neill said she lives next to an STR that has "disrupted my life for a couple of years." Once, the occupants had a fire going in the backyard when the weather turned windy, raising the risk of a wildfire that could have spread to her property. O'Neill said she spent nearly an hour trying to reach the property's owners, who couldn't get to Philipstown but tried to reach the tenant. "They couldn't reach them as well," she said. "It was pretty scary." The property's owner or a representative would have to be able to respond within 20 minutes under proposed regulations Philipstown's Town Board is crafting for short-term rentals. O'Neill and Salerno were two of the five residents who commented Thursday (Oct. 1) during a public hearing, which will continue at the board's next monthly meeting on Nov. 5. Those comments illustrated the balancing act Philipstown is seeking: ensuring STR owners provide safe units for renters who respect neighbors while preserving their ability to generate income. Thursday's hearing drew both praise and criticism of the draft regulations. "We want to be really good community stewards, and we welcome these safety standards," said Tyler Isaacson, who operates an STR. "We deserve that as residents β as people operating a short-term rental β and the visitors that are coming to our community deserve that as well." Under the proposed rules, STRs would be limited to zones where single-family homes are permitted, and solely in single- and two-family dwellings or accessory apartments with a certificate of occupancy. Operators would need a permit, renewable every two years. The draft law sets the initial fees at $90 for the application and $100 for an inspection by the town's Building Department. Philipstown would allow owners permits for up to three properties if one is used as a primary residence for at least 260 days a year. Properties owned by corporations, limited liability companies, trusts or other entities would count as owner-occupied if one of the owners or a tenant is a primary resident. Property owners living outside Philipstown would be limited to two permits. Among the criteria for a permit would be bedrooms, or "sleeping" rooms such as a living room with a futon or sofa bed, that are at least 70 square feet and have access to a bathroom and no less than two exits, one of which must be a door or window that can be exited safely. Ceilings must be at least 7 feet high and walls at least 7 feet wide. Philipstown would ban renting more than one unit per property at a time and limit guests to two per room, except when the additional person is a child age 5 or younger. Hosts offering books to more than four people would need Planning Board approval for a minor site plan, and all hosts have to purchase at least $500,000 in liability insurance. Owners could only book one party at a time, preventing STRs from operating like inns or hotels, and must provide off-street parking at their property or another location. They or a designated agent must also be available to respond within 20 minutes to problems with "the condition, operation or conduct of guests." According to the proposal, STR hosts "shall use best efforts" to ensure that their guests "do not create unreasonable noise or disturbance, engage in disorderly conduct, violate any provisions of the Philipstown code or violate any law pertaining to disorderly conduct, the consumption of alcohol or the use of illegal drugs." Violating the regulations would carry a fine of $1,000 for the first offense, $2,000 and a ban on renting for the rest of the year for the second offense and $5,000 and a four-year ban for a third offense. Ilka Marquardt said she believes the regulations would place an "unnec...





