Opposing Short-Term Rental Changes
Now that Dunkirk and Mayville are starting discussions on short-term rental regulations in their own communities, it seems the modern question “to rent or not to rent” has taken center stage in Chautauqua County. And while it’s a hot topic, it’s important to remember that people’s lives will be irrevocably changed by decisions made by local boards.
Lakewood leaders, in the process of hammering out a new approach to rentals in the village, say they are still in the decision-making phase, despite rumors that they plan to move forward with a ban on all rentals under 30 days in residential zones.
The speculation has spurred a petition by those who oppose a crackdown in the village with more than 188 signatures gathered as of last Tuesday. The petition, posted at change.org, spells out other alternatives beyond outright rental bans, like strengthening and enforcing existing laws and ordinances to help mitigate complaints.
Most contentious is the implication that village leaders have been swayed by those who are in favor of a ban, mostly neighbors who have lodged complaints about noise and unruly parties in short term rental homes in their neighborhoods. But opponents say strict STR laws promote one owner’s interest over another, acting as an unconstitutional infringement upon one property owner’s rights.
Looking at two different examples of homeowners who rent their homes in Lakewood may help to shine a light on both sides:
Landlord One has owned his home on the water for more than a decade. His taxes run $20,000 a year–an astronomical amount. They are committed and responsible homeowners, are active in the community, maintain their home, and rent their house to other families for 3-5 weeks per year to help offset their tax bill. They follow county rental laws and local ordinances, pay taxes on the rentals, and have yet to have any complaints filed against them. They are model landlords.
They also give access to families who come to the lake for summer vacation–a time honored tradition for hundreds of years.
Landlord Two has bought a house in Lakewood solely to rent it through online rental platforms. Their house sits empty when it is not being rented. No one at the address has a stake in the community. They don’t vote, they don’t volunteer, or attend village meetings. They don’t care if the neighbors are kept up during weekend house parties and all night bonfires. Homeowner Two is a ghost.
Landlord One may be right to surmise that he is being punished for the actions of Landlord Two. And as a property owner, who also contributes to the health of the village, his rights should matter.
Lakewood Mayor Randy Holcomb says making everybody happy is an impossible task, but trustees feel the time has come to address complaints about STRs. Village residents have a right to live peaceably, Trustee Ellen Barnes told me, also adding the board has been criticized for not taking action sooner.
I believe taking a measured approach rather than adopting an over-reaching solution is the best way forward. We have a long history of renting on this lake, and thousands of families for generations have come here to fish and grill hamburgers and swim off the dock at their rental cottages.
Ghost houses are an ongoing problem in many communities. Trustee Barnes pointed to a recent visit to another popular lakeside community where the eerie silence reminded her of how far-reaching the implications are when too many homes fall victim to ghost landlords. But it’s possible to grandfather in those who have been renting successfully for years, or the board could also adopt a percentage rule, which stipulates a homeowner must occupy his house a majority, or a certain percentage, of the year. There are a myriad of ways other communities have dealt with rentals that forgo outright bans.
The time for information gathering is coming to an end. Holcomb says they will hold an open house so residents can ask questions and offer more input, although a date has not yet been set.
