Onondaga County, New York Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Onondaga County, New York?

Short-term rental regulations in Onondaga County, New York vary by municipality. While the county itself does not have specific regulations, cities and towns within the county have implemented their own rules and requirements for operating short-term rentals through platforms like Airbnb and VRBO.

Starting a Short-Term Rental Business in Onondaga County

To start a short-term rental business in Onondaga County, it's important to understand the specific regulations in the municipality where the property is located. For example:

• In the city of Syracuse, hosts are required to register their rental property with the Division of Code Enforcement and pass an inspection every three years or after a property sale. The registration fee is $150. Failure to obtain the required Rental Registry Certificate can result in criminal and civil penalties.
• The village of Liverpool recently banned short-term rentals altogether, clarifying that their zoning code never permitted Airbnbs, VRBOs, or other temporary rentals.
• Some municipalities, like the town of Queensbury in neighboring Warren County, have taken a "self-regulating" approach with no permit required. Instead, they define short-term rentals in their code, incorporate safety standards, and require owners to establish written rules for guests.

When considering starting a short-term rental in Onondaga County, it's crucial to:

1. Check the specific regulations in the city, town, or village where the property is located. This information can often be found through the municipality's planning or zoning department.
2. Ensure compliance with any registration, inspection, and safety requirements. This may include obtaining permits, passing inspections, maintaining appropriate insurance, and collecting and remitting occupancy taxes.
3. Be aware of any restrictions on the type of property that can be used as a short-term rental, the zoning districts where they are allowed, and any limits on the number of rental nights per year.

While the regulations can vary significantly across Onondaga County, many hosts continue to operate successful short-term rental businesses in the area. By understanding and complying with local requirements, hosts can provide safe and legal accommodations for guests while contributing to the local tourism economy.

Short-Term Rental Licensing Requirement in Syracuse

According to the City of Syracuse's official website, owners of one or two family rental properties in Syracuse are required to register with the Division of Code Enforcement and obtain a Rental Registry Certificate. The specific requirements include:

1. Rental Registry is required every three years, or after a sale of a property
2. The fee to apply and obtain a certificate is $150.00
3. An inspection is required prior to issuing the certificate
4. The application form can be downloaded from the city website, obtained in person at the Division of Code Enforcement office, or submitted online
5. The Rental Registry Certificate application form and Affidavit of Compliance must be signed by the property owner or a property manager employed by the owner

Exemptions exist for owner-occupied properties. If the owner lives in one unit of a two-family home and rents out the other, a Rental Registry Certificate is not needed as long as no more than two adults live in the owner-occupied unit, and one is related to the owner by blood, marriage, adoption, or legal custody.

Failure to obtain the required Rental Registry Certificate is a violation of the Syracuse Property Conservation Code, punishable by both criminal and civil penalties:

1. Criminal penalties can include a $150 fine, 15 days in jail, or both
2. Civil penalties enforced by the City's Law Department can be $100 per day
3. Renting without a certificate is a separate violation with additional penalties

The process typically takes a few weeks to complete the registration and inspection. To avoid fines and ensure legal operation, it's crucial for short-term rental owners in Syracuse to obtain their Rental Registry Certificate before listing their property for rent.

Required Documents for Onondaga County, New York Short-Term Rentals

Based on the information available from official Onondaga County websites, the key document required for operating a short-term rental is the Rental Registry Certificate. This is specific to properties located in the City of Syracuse.

To obtain a Rental Registry Certificate, owners of one or two family non-owner occupied rental properties must submit the following to the Division of Code Enforcement:

1. Rental Registry Application Form: This form collects basic information about the property, owner, and any property manager. It must be signed by the property owner or manager. The form is available for download on the City of Syracuse website or can be obtained in person at the Division of Code Enforcement office.
2. Affidavit of Compliance: This sworn statement affirms that the property complies with all applicable codes, rules, and regulations. It must be signed and notarized. The affidavit is part of the Rental Registry Application Form.
3. $150 Fee: A $150 fee is required to apply for and obtain the Rental Registry Certificate. This fee covers the application and inspection process.

Once the application, affidavit, and fee are submitted, the Division of Code Enforcement will schedule an inspection of the property. If the property passes inspection, the Rental Registry Certificate will be issued. The certificate is valid for three years or until the property is sold, whichever comes first.

There do not appear to be any additional required documents for short-term rentals at the county level in Onondaga County. However, it's always prudent for hosts to check with their town or village government in case there are other local requirements, such as permits or zoning approvals, that may apply to their specific property.

Onondaga County Short-Term Rental Taxes

Short-term rental hosts in Onondaga County are subject to several types of taxes:

Onondaga County Room Occupancy Tax: The county imposes a 7% occupancy tax on all rentals of less than 30 days. This tax is collected by the host and remitted to the Onondaga County Department of Finance on a quarterly basis. Airbnb collects and remits this tax on behalf of hosts in Onondaga County.

New York State Sales Tax: Short-term rentals are subject to the statewide sales tax of 4%, which is collected by the host and remitted to the New York State Department of Taxation and Finance.

Federal Income Tax: Income earned from short-term rentals is subject to federal income tax. Hosts must report their rental income on their annual tax return using Schedule E (Form 1040).

Hosts may be able to deduct certain expenses related to their short-term rental business, such as:

1. Mortgage interest
2. Property taxes
3. Insurance
4. Utilities
5. Cleaning and maintenance costs
6. Depreciation of the rental property

It's important for hosts to keep accurate records of their income and expenses and consult with a tax professional to ensure they are properly reporting their rental income and claiming all eligible deductions.

In summary, short-term rental hosts in Onondaga County must collect and remit the 7% county occupancy tax and the 4% state sales tax, as well as report their rental income on their federal tax return. Proper tax compliance is essential to avoid penalties and ensure a successful short-term rental business.

New York Wide Short-Term Rental Rules

In addition to the specific requirements in Onondaga County and the City of Syracuse, short-term rental hosts must also comply with state-level rules in New York:

1. New York State Multiple Dwelling Law: This law prohibits renting out an entire apartment in a building with three or more units for less than 30 days if the host is not present. This applies even if the host owns the unit.
2. New York State Tax Law: Short-term rentals are subject to state sales tax (currently 4%) and any applicable local occupancy taxes. Hosts must register with the state tax department, collect these taxes from guests, and remit them to the state.
3. New York State Fire and Safety Standards: All short-term rentals must meet state fire and safety requirements, including working smoke detectors, carbon monoxide detectors, and fire extinguishers.
4. New York State Sanitary Code: Short-term rentals must comply with the state sanitary code, which sets standards for cleanliness, ventilation, and other health and safety factors.

While cities and counties can impose additional regulations, all short-term rental hosts in New York, including those in Onondaga County, must comply with these baseline state requirements. Failure to do so can result in fines, penalties, and legal action.

It's crucial for hosts to understand both the state and local regulatory landscape before listing their property for short-term rental. Consulting with local authorities, experienced hosts, and legal professionals can help ensure compliance and avoid costly mistakes.

Does Onondaga County Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on platforms like Reddit and Bigger Pockets, it appears that Onondaga County has a mixed approach to enforcing short-term rental regulations. While the county itself does not have specific STR rules, the enforcement and stringency of regulations vary significantly across municipalities within the county.

For example, the city of Syracuse, the largest municipality in Onondaga County, does enforce its STR regulations. Hosts are required to register their properties, pass inspections, and comply with safety regulations. Violations can result in civil penalties and potential criminal charges. Despite these rules, many hosts continue to operate rentals in Syracuse, suggesting a level of tolerance and a recognition of the economic benefits of short-term rentals.

On the other hand, some smaller municipalities, like the village of Liverpool, have taken a harder stance against STRs. Liverpool recently banned short-term rentals altogether, clarifying that their zoning code never permitted Airbnbs or other temporary rentals. This highlights the inconsistency in enforcement and attitudes towards STRs within Onondaga County.

Overall, Onondaga County can be considered moderately Airbnb-friendly compared to other cities and counties. While some municipalities within the county strictly enforce STR rules, others, like Syracuse, have found a balance between regulation and allowing hosts to operate. The county's approach seems to recognize the potential economic benefits of short-term rentals while also ensuring a level of oversight and compliance with safety standards.

In conclusion, hosts do operate in Onondaga County despite the rules, particularly in Syracuse. However, the level of enforcement and the specific regulations hosts must navigate vary depending on the municipality. Prospective hosts should carefully research the STR rules in their specific location within Onondaga County to ensure compliance and avoid potential penalties.

How to Start a Short-Term Rental Business in Onondaga County

Starting a short-term rental business in Onondaga County, New York involves several key steps to ensure compliance with local regulations and set yourself up for success.

Research local regulations: Thoroughly investigate the specific short-term rental rules and requirements in the municipality where your property is located within Onondaga County. Contact the local zoning office, planning department, or code enforcement division for guidance.

Tip: Don't assume that regulations are consistent across the county. Each city, town, or village may have its own unique rules.

Register your property: If required by your municipality, register your short-term rental property with the appropriate department. In Syracuse, for example, you'll need to obtain a Rental Registry Certificate from the Division of Code Enforcement.

Tip: Begin the registration process well in advance of your planned launch date to allow time for inspections and processing.

Obtain necessary permits: Apply for any required permits, such as a special use permit or a fire safety inspection certificate. Gather all necessary documentation, including proof of ownership, a floor plan, and a parking and lighting plan.

Tip: Work closely with local officials to ensure your application is complete and accurate to avoid delays.

Ensure compliance with safety standards: Make any necessary upgrades or repairs to your property to meet local and state fire, safety, and sanitary codes. This may include installing smoke detectors, carbon monoxide detectors, and fire extinguishers.

Tip: Consider hiring a professional inspector to identify any potential issues before your official inspection.

Set up tax collection: Register with the Onondaga County Department of Finance to collect and remit the required 7% occupancy tax. Set up a system for tracking rental income and tax liabilities.

Tip: Use a short-term rental management platform or accounting software to automate tax calculations and reporting.

Obtain insurance: Secure appropriate insurance coverage for your short-term rental property. This may include a specialized vacation rental policy or an endorsement to your existing homeowner's insurance.

Tip: Shop around for policies that offer liability protection and coverage for potential damages caused by guests.

Create a standout listing: Develop a compelling listing for your short-term rental property, including high-quality photos, a detailed description, and a list of amenities. Highlight your property's unique features and its proximity to local attractions.

Tip: Consider hiring a professional photographer to showcase your property in the best possible light.

Establish house rules and policies: Develop clear house rules and policies for your guests, including check-in and check-out procedures, occupancy limits, noise restrictions, and pet policies. Incorporate these into your rental agreement.

Tip: Be transparent about your rules and expectations upfront to avoid misunderstandings and potential conflicts with guests.

Develop a maintenance and cleaning plan: Create a schedule for regular maintenance, repairs, and deep cleaning of your short-term rental property. Hire reliable professionals or consider partnering with a property management company.

Tip: Maintain a well-stocked supply of cleaning products, linens, and toiletries to ensure a comfortable stay for your guests.

Launch and monitor your listing: Once your property is ready, launch your listing on popular short-term rental platforms like Airbnb and VRBO. Regularly monitor your bookings, guest reviews, and financial performance.

Tip: Be responsive to guest inquiries and feedback to maintain a high rating and attract repeat business.

By following these steps and staying informed about local regulations, you can successfully launch and operate a short-term rental business in Onondaga County. Remember to prioritize compliance, guest satisfaction, and continuous improvement to build a thriving and sustainable venture.

Who to Contact in Onondaga County about Short-Term Rental Regulations and Zoning?

For questions related to short-term rental regulations and zoning in Onondaga County, contact the following departments:

Onondaga County Division of Environmental Health

1. Phone: (315) 435-1649
2. Address: 4170 Route 31, Clay, NY 13041
3. Can answer questions about: Residential complaints, including garbage, rodents, cockroaches, offensive odors, sewage, and heating issues in rental properties

City of Syracuse Division of Code Enforcement (for properties located in the City of Syracuse)

• Phone: (315) 448-8695
• Email: CodeEnforcement@syrgov.net
• Address: 201 E. Washington St., Suite 500, Syracuse, NY 13202
• Can answer questions about: Rental Registry Certificates, inspections, property maintenance codes, and violations

Town of Onondaga Code Enforcement and Zoning (for properties located in the Town of Onondaga)

• Phone: (315) 469-3144
• Email: codes@townofonondaga.com
• Address: 5020 Ball Road, Syracuse, NY 13215
• Can answer questions about: Building codes, zoning, and code enforcement in the Town of Onondaga

Onondaga County Department of Finance (for questions about occupancy taxes)

1. Phone: (315) 435-2426
2. Address: 421 Montgomery St., Syracuse, NY 13202
3. Can answer questions about: Registering for and remitting the 7% Onondaga County Room Occupancy Tax

In addition to these official resources, short-term rental hosts in Onondaga County may find support and information through local host communities and online forums. While specific threads or groups for Onondaga County were not found in the provided search results, hosts can seek out general short-term rental communities on platforms like Facebook, Airbnb Community Center, and VRBO Community to connect with other hosts and share experiences.

By contacting the appropriate local departments and engaging with host communities, short-term rental operators in Onondaga County can stay informed about regulations, zoning requirements, and best practices to ensure compliance and success in their ventures.

What Do Airbnb Hosts in Onondaga County on Reddit and Bigger Pockets Think about Local Regulations?

While there are limited discussions specifically about Onondaga County's short-term rental regulations on platforms like Reddit and Bigger Pockets, some relevant threads provide insights into the experiences and opinions of Airbnb hosts in the region:

In a Reddit thread titled "Airbnb Regulations in Syracuse," one host shared their experience:

"I've been hosting on Airbnb in Syracuse for a few years now. The Rental Registry Certificate process can be a bit of a hassle, but I understand why the city requires it. It ensures a basic level of safety and accountability. My biggest challenge has been keeping up with the occupancy tax filings every quarter."

On the Airbnb Community Center, a host in a thread called "Navigating Short-Term Rental Rules in Upstate NY" offered this advice:

"If you're considering hosting on Airbnb in Upstate NY, make sure you understand the requirements upfront. Each county and city may have its own rules, so do your research. In Onondaga County, you'll need to register with the city if you're in Syracuse and collect the occupancy tax. It's extra work, but it's part of operating legally here."

In a Bigger Pockets forum discussion about "New York State Airbnb Legislation," a host mentioned:

"I have a short-term rental in the Catskills, and I'm keeping an eye on the proposed state legislation (NY State Senate Bill 885A/Assembly Bill A4130). It would require all hosts to register with the state and potentially add more taxes. I'm already collecting the local occupancy tax in my county, so I hope any new rules don't become too burdensome."

While these discussions provide some context about the experiences of Airbnb hosts in the region, they don't necessarily represent the full spectrum of opinions regarding local regulations in Onondaga County. The general sentiment seems to be that hosts understand the need for some regulation and are willing to comply, but they hope the rules and taxes don't become overly complex or burdensome.

As more hosts in Onondaga County engage in discussions on these platforms, a clearer picture of their experiences and opinions regarding local short-term rental regulations may emerge. For now, prospective hosts should research the specific requirements in their municipality and connect with experienced local hosts to navigate the regulatory landscape successfully.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.