Jail Time For Airbnb, VRBO Hosts? 100s Oppose LI Town's Plan For Transient Rentals

FARMINGVILLE, NY — Over 500 people have signed an online petition on Change.org to voice their opposition to proposed legislation they say would make Airbnb stays and other short-term vacation rentals illegal in the Town of Brookhaven.

But officials from the town, which is growing in popularity with vacationers, say that transient rentals already are illegal and the proposed changes to the code will only add further clarification to make it easier for property owners to understand.

The proposed changes add the specific definition of transient rental occupancy as a rental under 28 days, and lists prohibited use examples such as Airbnbs, Home Away, and Vrbos, as well as other rentals advertised for recreational use.

Under the changes, it would also be illegal to rent out other parts of a residential property, such as a backyard pool or a tennis court, for recreational uses.

The code changes also define punishments for property owners in violation. It would mean a $500 to $4,000 fine or up to 15 days in jail for the first offense. For the second or subsequent offense, it would be a $1,000 to $6,000 fine prosecuted as a misdemeanor, not a violation.

The proposed code changes also would hold real estate brokers liable.

The proposed changes exclude motels and bed and breakfasts already operating, as well as rentals on Fire Island. The current code allows property owners to rent houses but with a rental permit and the premises are subject to inspection. Accessory apartments are also permitted.

Rooming or boarding houses are prohibited under the code.

The petition stems from a grassroots movement that developed within days of the town's announcement.

In the petition, signers say they "value the tranquility, safety, and well-being of our community and neighbors" and "the proposed law encroaches on private property rights, threatens homeowners, fails to address specific issues, and will negatively impact our community."

"We believe that short-term rentals should be inspected, registered, and taxed — not outlawed," the document reads. "We oppose allocating tax dollars for enforcing this law and defending inevitable lawsuits.

"Short-term rentals bring many benefits to individual homeowners and the community including additional tourists revenue to local businesses and occupancy tax revenue," the passage continues. "There are very few complaints about renters, and most renters quietly enjoy stays in Brookhaven to visit family, work, or enjoy the natural beauty of the area."

The group of property owners quickly banded together, forming the Brookhaven Alliance for Property Owners' Rights.

The petition started by the group, which has about 56 members on Facebook, has garnered about 10,000 views, member Adam Banks told Patch Friday afternoon.

"They've determined that rentals over 28 days are okay and under 28 days are not okay," he said. "We need to ask them why 29 days is okay and 27 days is not okay."

Banks wants to know what's the difference between the two and why?

He said most Airbnb owners maintain their homes and depend on the income.

"There's people that have had job changes that are maintaining their house through Airbnb rental now it's it allows people to remain in their homes," he said. "I do take side with that. I think that if people are running a successful little business they should be allowed to do that."

Assistant Town Attorney Beth Reilly said the proposal to add the code amendments was prompted by the inquiries that staffers at Town Hall have received about what is permitted under the town's code. The proposed changes clarifies it, she said.

"We're fixing the code so that it's clear for people because it shouldn't be hard," she said. "For people to read the code, they should be able to look at it and see it and understand. So that's what we're doing. We want to make it clear that if you look at the code, you can see that you cannot have a transient rental occupancy."

The code was written as permissive, not prohibitive, so it was not clear for property owners that they could not rent their homes out as transient rentals, Reilly told Patch.

Current listings with the platform show rentals for Memorial Day weekend ranging from $70 a night in Holbrook to $564 a night on the water in Shirley.

The property owners' alliance has done a study on the estimated income on Airbnb showing that Brookhaven has $22 million of rental revenue, Banks said.

A spokesperson for Airbnb released the following statement on Monday: “We know that hosting on our platform is a valuable way for homeowners to make ends meet. In Brookhaven Town, the vast majority of our hosts share just one entire home listing and we encourage the local officials to work with residents to find a reasonable path that allows responsible hosting to continue."

"We are committed to working with Brookhaven Town to develop fair and effective regulations that balance the needs of homeowners with the concerns of the community," the statement concluded.

Banks said the group will explore any legal remedies they are entitled to.

A similar measure in Bellport Village was ruled "arbitrary and capricious" by a state court in 2019.

A public hearing on the proposed changes will be held on Thursday at Town Hall. It starts at 5:30 p.m.