Airbnb, home pool rentals could get owners up to $6G in fines, jail time under Brookhaven proposal

With Memorial Day weekend only weeks away, landlords who rent their houses and swimming pools to vacationers plan to raise objections Thursday as Brookhaven officials consider toughening the town's short-term rental law. 

Proposed changes to the town zoning code would prohibit rentals for less than four weeks through online sites such as Airbnb. The revised law also would bar renting out swimming pools for private parties, a growing trend that has prompted numerous complaints from residents, town officials said.

The changes also would, for the first time, impose penalties for illegal "transient residential occupancies." Fines would range from $500 to $4,000 and up to 15 days in jail for a first offense and from $1,000 to $6,000 in fines and up to six months in jail for a second offense. 

The law now allows rentals for 28 days or more but officials said it should be updated to remove vague and outdated language. Suspected violations are typically enforced by Brookhaven code enforcement officers.

The town board has scheduled a 5:30 p.m. public hearing on Thursday to discuss the proposed changes and hear residents' views. It was unclear when the board would vote on the measure. 

A group calling itself Brookhaven Alliance of Homeowners' Rights says the existing law and the proposed changes are unconstitutional, noting they exempt summer vacation homes on the Brookhaven sections of Fire Island and houses that are rented for four weeks or more.

The group said in a news release Tuesday that the current and proposed rental restrictions make it difficult for landlords to make a living.

“We have people who aren’t renting their houses to John Belushi and the 'Animal House' crowd,” said Commack lawyer Irwin Izen, who represents the group. “We screen our guests."

He said the alliance includes 63 members. He declined to identify any members or make them available for interviews.

Brookhaven officials said the current law predated online rentals. 

“This isn't a new law as it relates to transient rentals," Councilman Dan Panico said. "This is simply a clarification."

Exemptions for Fire Island dwellings are necessary to preserve a vital part of the local economy and have withstood court challenges, Panico said.

Councilman Neil Foley said he wanted to add restrictions on pool party rentals following "multiple complaints" from residents of his district, which includes Patchogue, Holtsville, Medford and Blue Point.

“You have 20 people attending a pool party and the next group coming in and the next group coming in," Foley said. "It was affecting everybody’s quality of life.” 

In an email, Airbnb said rentals are "a valuable way for homeowners to make ends meet," adding Brookhaven should "develop fair and effective regulations that balance the needs of homeowners with the concerns of the community.”

Short-term rental laws vary widely on Long Island.

Islip Town bars rentals of less than 14 days.

The Village of Bellport in 2018 enacted a law limiting homeowners to five rentals between Memorial Day and Labor Day.

By Carl MacGowan

carl.macgowan@newsday.comCarlMacGowan

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.