The rise of Airbnb, Vrbo, and similar rental apps has transformed how people travel and find accommodations. While the services provide vacationers with unique and affordable options, they have also created problems in some residential communities that view them as commercial operations.
"What they're doing is turning homes into commercial establishments," said Supervisor Edward Romaine in an interview with the South Shore Press. "If you bought a home in a residential neighborhood, you don't want to see the house next door becoming a hotel or a motel where people come for the weekend and leave, and every weekend there's someone else, and it's a party city."
The town is tackling the issue by tightening its codes and clarifying how residential properties can be used. According to the supervisor, Brookhaven has never allowed short-term rentals. Under the existing town code, property owners can rent their homes for 28 days or longer but are required to obtain a rental permit. An approval system is also in place for bed and breakfasts.
Permitted establishments have to comply with the code, the supervisor stressed and must be deemed safe with functioning smoke and carbon dioxide detectors. "We don't want a tragedy like what happened in the Hamptons, where people died in a rental that was found not to have working detectors," he said. The proposed changes to the code will also apply to renting pools, tennis courts, and backyards.
"We've heard mostly from the Airbnb people," Romaine noted, "but l guarantee you once the word gets out, we'll have the hundreds of people who have complained of loud parties, streets blocked with cars, noise all night where we have to send inspectors out at great expense to the town. You can't turn a residential neighborhood into a commercial neighborhood."
In an opening presentation at a public hearing last week, Deputy Town Attorney Beth Reilly pointed out that the town already "investigates and prosecutes" prohibited transient rentals. According to Town Attorney Annette Eaderesto, the state Supreme Court has sided with Brookhaven in issuing restraining orders on homes cited for town code violations.
The proposed amendments have been met with mixed reactions. Some homeowners using their properties as short-term rentals expressed concern at the hearing about the impact on their income. In contrast, others argued that the ban would affect their liberty as property owners. In contrast, other residents supported the changes as a way to maintain a community's character, maintain safety and protect residential property values, encourage proper maintenance and enhance the quality of life for residents.
The proposed update will establish consequences for those who violate the code. A person found to be in violation for the first time may face a fine of $500 to $4,000, up to 15 days in jail, or both, town officials explained. If the same person violates the rules again, the penalty may be a fine of $1,000 to $6,000, a maximum jail time of six months, or both. A second offense could be prosecuted as an unclassified misdemeanor.
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"The town does not enact codes to reap money into the coffers but to protect the community and citizens whom we represent," said Councilman Daniel Panico.
The town board closed the hearing and put off a decision "out of respect for the public," Romaine said, and will keep the matter on the decision calendar. The next Town Board meeting is Wednesday, May 25th, at 2 pm. For more information, visit the town website at https://www.brookhavenny.gov/.