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

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

Short-term rental regulations in Suffolk County, New York vary by town and village. There is no blanket ban on short-term rentals across the entire county, but some individual municipalities within Suffolk County have enacted restrictions or bans on rentals under 30 days.

Starting a Short-Term Rental Business in Suffolk County

Before starting a short-term rental business in Suffolk County, it's important to check the specific regulations in the town where your property is located. A few examples:

• The Town of Southold passed a law requiring a minimum rental period of either two weeks or one month.
• The Town of Brookhaven is considering a law to ban rentals under 28 days, unless the rental is an owner-occupied room that is not a single-family home.
• The Town of Oyster Bay does not appear to have any current laws banning short-term whole house rentals, based on a review of their town code. However, there was discussion a couple years ago about potentially changing laws to restrict Airbnb rentals after some resident complaints.

Other towns like East Hampton and Southampton also have varying restrictions on short-term rentals under 30 days. It's always best to contact the town directly to understand their latest short-term rental ordinances before listing your property.

Enforcement of these regulations often depends on neighbor complaints rather than proactive monitoring by the towns. As one Redditor noted, "You can go 20 years illegally renting or even running a meth lab and nobody calls the cops. Then the new neighbors move in and call at the first sign of anything."

In summary, while there are some restrictions on short-term rentals in certain villages and towns, there is opportunity to legally operate short-term rentals in Suffolk County if you carefully review and comply with the regulations in your specific municipality. Consulting with a local lawyer and your town's building department is recommended before starting a short-term rental business.

Short-Term Rental Licensing Requirements in Suffolk County

According to the Suffolk County Comptroller's website, short-term rentals are subject to the county's Hotel & Motel Tax. Property owners who rent out their property for periods of less than 30 days must:

1. Register with the Suffolk County Treasurer's Office
2. Obtain a Certificate of Authority
3. Collect a 3% Hotel & Motel Tax from renters
4. File quarterly tax returns and pay the collected taxes to the County

To register, property owners must submit:

1. A completed Application for Certificate of Authority
2. A $100 registration fee payable to the Suffolk County Treasurer

The application can be mailed to:

Suffolk County Treasurer
Hotel & Motel Tax
P.O. Box 6100
Hauppauge, NY 11788-0099

Once registered, the County will mail the Certificate of Authority, which must be prominently displayed at the rental property. The registration process typically takes 2-4 weeks.

Failure to register or collect and pay the Hotel & Motel Tax can result in fines and penalties. The penalty for non-registration is up to $500 for the first violation and up to $1,000 for each subsequent violation.

It's important to note that this Hotel & Motel Tax registration is separate from any permits or licenses that may be required by the town or village where the rental property is located. Short-term rental operators must comply with both county tax laws and local rental regulations.

Required Documents for Suffolk County Short-Term Rentals

To legally operate a short-term rental in Suffolk County, property owners must obtain and submit the following documents:

1. Rental Permit Application: This is the main application form to register a short-term rental with the County. It collects information about the property owner, rental property address, number of rooms for rent, and maximum occupancy. The application must be notarized. Available from the Accessory Apartment & Rental Housing Department.
2. Property Deed: A copy of the current deed to the rental property, proving ownership. Obtained from the Suffolk County Clerk's Office.
3. Floor Plan: A floor plan or sketch of the rental property, labeling each room and showing dimensions and square footage. The plan should clearly indicate the rooms to be rented.
4. Smoke & Carbon Monoxide Detector Affidavit: An affidavit certifying that smoke detectors and carbon monoxide detectors have been installed in accordance with the NYS Uniform Fire Prevention and Building Code. The affidavit is part of the Rental Permit Application.
5. Certification of Occupancy or Letter of Pre-Existing Use: A copy of the Certificate of Occupancy for the rental property, demonstrating the property is in a habitable condition. For older properties without a CO, a Letter of Pre-Existing Use can be submitted instead. Obtained from the local Building Department.
6. Rental Agreement or Lease: A copy of the rental agreement or lease to be used with tenants, including all rules and regulations. The lease term cannot be for more than two years.
7. Hotel & Motel Tax Registration: Short-term rentals must register with the Suffolk County Treasurer's Office to collect and pay the county's 3% Hotel & Motel Tax. Requires submitting an Application for Certificate of Authority and $100 fee.

Submission of these documents is required to obtain a Rental Permit from the Suffolk County Accessory Apartment & Rental Housing Department. The Rental Permit Application and all associated documents should be submitted by mail or in person to the department's office in Hauppauge, NY.

Suffolk County Short-Term Rental Taxes

Short-term rental operators in Suffolk County are subject to several taxes, the main one being the Hotel & Motel Tax. Here is a breakdown of the applicable taxes:

1. Suffolk County Hotel & Motel Tax: Effective June 1, 2023, short-term rentals under 30 days are subject to a 5.5% occupancy tax on the per-diem rental rate charged for each room. This tax must be collected from renters and remitted to the Suffolk County Treasurer's Office on a quarterly basis.
2. New York State Sales Tax: In addition to the county occupancy tax, short-term rentals are also subject to the 8.625% New York State sales tax on room fees and any other taxable goods or services provided to guests. This includes things like cleaning fees, pet fees, and charges for additional amenities.
3. Income Tax: Income earned from short-term rentals is generally subject to federal and state income taxes. Rental income should be reported on your annual income tax return. The exact forms to use depend on whether you're operating the rental as an individual or business entity.

While these taxes can add up, there are some deductions and write-offs available to short-term rental operators that can help offset the tax liability:

1. Rental Expenses: Many common expenses involved in running a short-term rental are tax-deductible. This includes things like mortgage interest, property taxes, insurance, utilities, cleaning and maintenance costs, and supplies purchased for guests.
2. Depreciation: If you own the rental property, you may be able to deduct depreciation on the portion of the property used for rental purposes. This allows you to deduct the cost of buying and improving the rental over several years.
3. Home Office Deduction: If you use a dedicated portion of your home exclusively for managing your short-term rental business, you may be able to claim the home office deduction. This can help you write off a portion of your home expenses.

It's important to keep detailed records of all your rental income and expenses to make the most of these tax deductions. Consulting with a tax professional is recommended to ensure you're in full compliance with all Suffolk County, New York State, and federal tax requirements for short-term rentals.

New York State Short-Term Rental Rules Affecting Suffolk County Hosts

In addition to Suffolk County's local regulations, short-term rental hosts must also comply with state-wide rules set by New York State. These state laws add another layer of requirements for Suffolk County hosts to navigate.

New York State Multiple Dwelling Law

The New York State Multiple Dwelling Law (MDL) is a key piece of legislation impacting short-term rentals across the state, including in Suffolk County. Under the MDL, it is illegal to rent out an entire apartment in a "Class A" multiple dwelling (a building with three or more permanent residential units) for periods of fewer than 30 consecutive days, unless a permanent resident is present during the rental period.

This means Suffolk County hosts in buildings with three or more units cannot list their entire apartment on Airbnb or other platforms for short stays. They can, however, rent out individual rooms within their unit if they continue to reside there throughout the guest's stay.

New York State Tax Law

Short-term rental hosts in New York, including Suffolk County, must collect and remit state and local sales taxes on their bookings. As of June 1, 2019, New York State requires online home-sharing platforms to collect and remit sales taxes on behalf of hosts. However, hosts are still responsible for registering with the state and filing periodic sales tax returns.

The current New York State sales tax rate on short-term rentals is 4%. In Suffolk County, the total sales tax rate is 8.625%, which includes the state tax and a 4.625% county tax. Suffolk County also imposes an additional 5.5% occupancy tax on all short-term rentals under 30 days.

Safety Requirements

New York State has several safety requirements that apply to all short-term rentals, including those in Suffolk County:

1. Working smoke detectors in each sleeping room, outside each separate sleeping area, and on every level of the dwelling.
2. A working carbon monoxide detector on every level of the dwelling.
3. A fire extinguisher in the kitchen and on each floor.
4. Adequate means of egress from each sleeping room and the dwelling unit.
5. Posting of emergency contact information and evacuation procedures in a conspicuous location.

Failure to meet these safety standards can result in fines and penalties from state and local authorities.

Insurance Considerations

New York State law does not require short-term rental hosts to carry specific insurance. However, most municipalities in Suffolk County require proof of liability insurance as part of the rental permit application process.

Additionally, many hosting platforms, like Airbnb, offer some level of host protection insurance. However, this coverage is often limited and may not fully protect hosts from liability. It's recommended that Suffolk County hosts speak with an insurance professional about obtaining appropriate short-term rental insurance to mitigate their risk.

By understanding and complying with these state-wide short-term rental rules, in addition to Suffolk County's local regulations, hosts can operate legally and avoid potential fines or legal issues. As always, it's important to stay up-to-date on any changes to state or local laws that may impact short-term rentals in Suffolk County.

Does Suffolk County Strictly Enforce Short-Term Rental Rules?

Based on discussions in online forums like Bigger Pockets and Reddit, it appears that Suffolk County does actively enforce its short-term rental regulations, especially compared to some other areas. Many hosts report that the county is fairly strict about requiring permits and conducting inspections.

On the Bigger Pockets forums, one host noted that "Suffolk county has no problem with rentals less than 28 days, BUT each township is handling things differently as their constituents are swaying the making of laws." They went on to say that in some towns like Brookhaven, short-term rentals under 28 days are prohibited unless the rental is an owner-occupied room that is not a single-family home.

Similarly, in a Reddit discussion about a new law banning short-term rentals in New York City, a commenter pointed out that the law specifically applies to NYC and that "people upstate can still promote their places on Airbnb." This implies that outside of NYC in places like Suffolk County, short-term rental restrictions are determined more on the local town and village level.

While some hosts admit to operating short-term rentals "under the radar" without permits in Suffolk County, they acknowledge it is very risky given active enforcement by towns like Huntington and the steep fines for violations. One Redditor put it bluntly: "You can go 20 years illegally renting or even running a meth lab and nobody calls the cops. Then the new neighbors move in and call at the first sign of anything."

Overall, the general consensus from hosts on these forums is that Suffolk County is not particularly Airbnb-friendly, especially compared to some other vacation destination areas. The county comptroller has made a concerted effort to collect occupancy taxes from short-term rentals, and many towns have enacted strict permit requirements and limitations.

So while there may be some hosts operating short-term rentals without permits in Suffolk County, it seems to be the exception rather than the norm given the county's active enforcement and the potentially costly consequences of getting caught violating local regulations. Most hosts advise carefully researching and complying with all county, town, and village laws before considering short-term rentals in Suffolk County.

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

Starting a short-term rental business in Suffolk County requires careful planning and compliance with various local regulations. Here are the key steps to get started:

Research local laws and zoning regulations:

1. Thoroughly review the short-term rental laws in your specific town and village within Suffolk County. Regulations vary widely, with some areas prohibiting rentals under 30 days, requiring permits, or limiting the number of rental days per year.
2. Consult your local building department to confirm your property is zoned for short-term rentals and understand any restrictions.
3. Don't rely solely on what other hosts are doing. Regulations are actively enforced in many parts of Suffolk County, so it's crucial to ensure you're operating legally.

Obtain necessary permits and licenses:

1. If your town requires a short-term rental permit, submit an application along with any required fees, documents, and inspections. This may include proof of ownership, floor plans, and agreeing to a safety inspection.
2. Suffolk County also requires short-term rentals to register with the County Treasurer's Office to collect and remit occupancy taxes. Apply for a Certificate of Authority and pay the $100 fee.
3. Start the permit process early, as approvals can take several weeks. Engage with town officials respectfully if you encounter delays or issues.

Prepare your property for guests:

• Ensure your rental is safe, clean, and well-maintained. Make any necessary repairs and upgrades, such as fresh paint and updated furnishings.
• Provide essential amenities like high-quality linens, toiletries, and a well-equipped kitchen. Consider additional perks like beach gear, games, or local treats to delight guests.
• Look at highly-rated Airbnb listings in your area for inspiration on how to style and stock your rental. Small touches can make a big difference.

Create a compelling listing:

• Take high-quality photos that showcase your rental's best features. Consider hiring a professional photographer to ensure your listing stands out.
• Write an accurate, enticing description that covers your rental's location, amenities, and unique selling points. Be upfront about any quirks or limitations.
• Optimize your listing title and description for relevant keywords to improve visibility in search results. Mention proximity to popular attractions and amenities.

Set competitive rates:

• Research the average nightly rates for comparable rentals in your area across multiple booking platforms. Factor in seasonal demand and events.
• Use a dynamic pricing tool like Beyond Pricing or PriceLabs to automatically adjust rates based on market conditions and occupancy trends.
• Consider offering discounts for longer stays or last-minute bookings to keep occupancy high. Don't race to the bottom on price, as you want to attract respectful guests.

Implement a thorough cleaning and maintenance plan:

• Develop a detailed cleaning checklist and set high standards for cleanliness between guests. Hire a reputable cleaning service if you can't consistently clean yourself.
• Schedule regular deep cleans and maintenance checks to keep your property in top condition. Budget for repairs and replacements.
• Use a digital guidebook and automated messages to share key info with guests, like check-in instructions, house rules, and local recommendations.

Comply with tax and insurance requirements:

• Register to collect and remit the required state and county sales taxes and occupancy taxes on your short-term rental income. This includes the 5.5% Suffolk County Hotel & Motel Tax.
• Consult a tax professional to understand your income tax obligations and take advantage of available deductions, like depreciation and rental expenses.
• Secure appropriate insurance coverage for your short-term rental business, either through a specialized policy or as an add-on to your homeowner's insurance.
• Use an automated tax tool like Avalara MyLodgeTax to calculate and file occupancy taxes across multiple platforms to simplify compliance.

Be a responsible host and neighbor:

• Clearly communicate house rules and occupancy limits to guests. Consider using technology like noise monitors to prevent disturbances.
• Be available to promptly address any guest issues or neighbor concerns. Provide a local contact if you are not nearby.
• Join your local community board or chamber of commerce to stay informed about short-term rental issues and be a voice for responsible hosting.

Starting a short-term rental business in Suffolk County requires navigating a complex web of local regulations and being a diligent, professional host. By following these steps and continuously adapting to market conditions and guest expectations, you can build a successful and compliant short-term rental business in this popular Long Island destination.

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

For questions about short-term rental regulations and zoning in Suffolk County, here are some key contacts:

Suffolk County Department of Economic Development and Planning

• Address: H. Lee Dennison Building, 2nd Floor, 100 Veterans Memorial Highway, Hauppauge, NY 11788
• Phone: (631) 853-5191
• Email: planning@suffolkcountyny.gov
• Website: https://www.suffolkcountyny.gov/Departments/Economic-Development-and-Planning

The Department of Economic Development and Planning oversees the Suffolk County Planning Commission, which reviews municipal zoning actions. They can provide guidance on county-level short-term rental policies.

Suffolk County Treasurer's Office

• Address: 330 Center Drive, Riverhead, NY 11901
• Phone: (631) 852-1500
• Website: https://www.suffolkcountyny.gov/Departments/Treasurer

Contact the Treasurer's Office for information on registering and paying the Suffolk County Hotel & Motel Tax for short-term rentals.

Town Building Departments

Since short-term rental permits and zoning are primarily handled at the town level in Suffolk County, it's important to contact your town's building department for specific requirements:

• Babylon Building Department: (631) 957-3133
• Brookhaven Building Department: (631) 451-9696
• East Hampton Building Department: (631) 324-4145
• Huntington Building Department: (631) 351-3167
• Islip Building Department: (631) 224-5466
• Riverhead Building Department: (631) 727-3200 ext. 213
• Shelter Island Building Department: (631) 749-0772
• Smithtown Building Department: (631) 360-7524
• Southampton Building Department: (631) 287-5700
• Southold Building Department: (631) 765-1802

Online Communities for Suffolk County Hosts

There are also some online forums and Facebook groups where Suffolk County hosts share information and support each other:

• Airbnb Community Center - Long Island Clubs: https://community.withairbnb.com/t5/Long-Island/gh-p/en-long-island
• Suffolk County Short-Term Rental Alliance (private Facebook group): https://www.facebook.com/groups/774363833432814/
• Long Island Airbnb Hosts (public Facebook group): https://www.facebook.com/groups/772529846258071/

These communities can be a great resource for asking questions, getting recommendations, and staying up-to-date on local short-term rental news and advocacy efforts. However, always verify any regulatory information with official town and county sources.

By working with these county departments and connecting with other local hosts, you can ensure you're operating your Suffolk County short-term rental in compliance with all applicable regulations and zoning laws.

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

Based on discussions in online forums, Suffolk County hosts have mixed experiences navigating local short-term rental regulations:

On Reddit, one host noted that "Suffolk county has no problem with rentals less than 28 days, BUT each township is handling things differently as their constituents are swaying the making of laws." They explained that in Brookhaven, short-term rentals under 28 days are prohibited unless the rental is an owner-occupied room that is not a single-family home.

In a Bigger Pockets thread about hosting Airbnb in Long Island, a host shared they are considering starting in a property in the Suffolk County town of Islip. Responses highlighted that regulations vary by town, with some like Southold banning rentals under 14 or 30 days. One reply advised, "Depends on the neighbors more than anything. You can go 20 years illegally renting or even running a meth lab and nobody calls the cops. Then the new neighbors move in and call at the first sign of anything."

On the Airbnb Community Center, hosts discussed the impact of Suffolk County's 5.5% occupancy tax on short-term rentals. One host asked for an update on collecting the tax, noting "I logged onto my hosting account and do not see the occupancy tax being collected by Airbnb." This suggests some confusion among hosts about tax collection responsibilities.

Another Airbnb Community Center thread debated New York's anti-home sharing laws. A host pointed out that "Suffolk county and a few other NY counties have imposed a 3% hospitality tax on Airbnb rentals. Local towns can and do harass Airbnb hosts but there is no blanket ban for the whole island."

Overall, Suffolk County hosts seem aware that short-term rental rules are largely determined at the town level. Many express frustration with the patchwork of regulations and having to navigate different requirements in each locality. Hosts also appear concerned about the impact of the county occupancy tax and having to rely on neighbors not reporting them for potential violations. The general sentiment is that Suffolk County is not the most host-friendly environment, but diligent hosts who comply with local laws can still operate 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.