Legislation on the Table (not the kitchen table) for Airbnb Short-Term Rental Limits

Pictured here is the City Attorney Nicholas Ward-Willis (at right), the Mayor Randy Casale (at center) and the City Administrator Anthony Ruggiero (at left).
Photo Credit: Screenshot of the Workshop meeting. Video produced by Peter Skorewicz

Beacon has stepped up to the plate once again to consider creating legislation for short-term rentals in people's homes, also known as "home sharing," or "Airbnb-ing". Mayor Randy Casale has cited emails he has received from citizens who are opposed to short-term rentals in different capacities. Beacon considered legislating this in 2014 and created draft legislation in 2015, but never finalized it. Click here for a background of this Airbnb issue and why it is being discussed now.

In January and February of 2018, Beacon discussed short-term rentals at a City Council meeting, and held a Workshop discussion on the subject in February. In April, members of the public were invited to voice their opinion at a Public Hearing, at which over 20 people spoke favorably about their experience with short-term rental via Airbnb. They also expressed their reactions to the proposed restrictions in the proposed new law put together in 2018.

A handful of people showed up to speak out against short-term rentals, and voiced their desire for rules to be enforced - even though no local law exists yet in Beacon to be enforced. The law on the table right now is new. There are zoning laws at the New York state level, which include fire safety requirements such as installing sprinkler systems or breakaway windows. Those requirements can be a financial burden to homeowners, who also rent out their homes to earn extra income to keep up with their mortgage or rent payments.

Those in opposition of no regulation at all included a citizen, Elaine Ciaccio, who submitted a petition she started which had 70 signatures on it asking to "1. Ban non-owner occupied whole home short-term rentals and 2. Require registration and establish regulations that maintain the zoned character of our residential neighborhoods." Airbnb has submitted their written response to Beacon's legislation, which was to argue against many of the proposed restrictions. Neither the petition or Airbnb's testimony were read aloud at the Public Hearing, but around 30 people voiced their opinions, a majority of whom were homeowner/landlords of short-term rentals who were in favor of short-term rentals, and in favor of the least amount of regulation - if at all.

Legislation on the Table Now

LEGAL NOTE: Please know: this summation does not constitute as the draft legal document. You can find that legal document right here at this link. The information has been summarized so that you can see the points quickly. You should read the draft legislation yourself if this area of legislation concerns you. The people of a municipality do not have a lawyer representing them, as a city hires an attorney to represent itself. Council members may not necessarily be lawyers or specialized in a type of law being legislated. As a citizen, homework is involved.

Here is a summary of the law that the City Attorney has drafted as of April 4, 2018. Please see the actual draft of the law at the City of Beacon's website in their PDF here at this link. This draft is an edited version that the attorney made prior to the Public Hearing on April 2, 2018, and includes "track changes," which means that you can see what was originally proposed or how something was worded, and then was revised based on feedback.

Men's Rights

Before we begin, it is noted that women were not always included in the legislation wording. Women and men have since been written into the draft with both pronouns, "his or her." In prior draft laws, the male pronoun has been used, such as "his property." Being that married women used to not be able to own property at all in the United States prior to the 1830s, with different states coming on board with allowing women to own property through the 1840s '50s, and so on until the late 1800s (see Wikipedia for all the details).

In this latest April 4th draft, one possible loophole remains for women in this line item: "A short-term rental permit has been issued and the owner fails to continue to occupy the premises on a continuous basis as his primary residence; or..."

Additionally, the proposed legislation assumes that the Building Inspector, who is currently a man, will always be a man. The legislative wording reads as this: "The applicant shall be given an opportunity to present evidence why such denial of application, or such suspension or revocation of the license, shall be modified or withdrawn. The Building Inspector or his designated agent may also present evidence."

Who is an Owner?

According to the draft legislation, an owner would be defined as: "An individual or group of individuals who are in possession of and have a fee interest in real property. The term 'owner' shall not include entity corporation, limited-liability company, partnership, association, a trustee, receiver or guardian of an estate, or mortgagee, lien holder, or other business entity."

Owner Occupied would be defined as: "A one-family or two-family house or multiple dwelling building used by the owner as his or her or their domicile or principal residence."

The short-term rental space would be defined as: "An entire dwelling unit, or a room or group of rooms or other living or sleeping space, made available to rent, lease or otherwise assigned for a tenancy of less than 30 consecutive days. The term “short-term rental” does not include dormitories, hotel or motel rooms, bed and breakfast inns or lodging houses, as permitted and regulated by the City of Beacon Zoning Ordinance."

Permit would be required, would last for 2 years, and would be able to be renewed.

The application of the permit would be submitted to the Building Department. Several pieces of information would be required, including a notarized certificate from all property owners.

A broad requirement of the City requiring anything: The proposed law also has a line that broadly gives the City the ability to require information not defined in the legislation, with this wording: “Such other information as the City may require.” When two parties are negotiating a contract, statements like this are inserted by a party who wants to cover a large ground of protection. It can be argued that it is up to the other party to accept that or negotiate that statement out of the document.

Permits may be revoked if specified conditions occur, such as an owner not occupying the premises as the owner’s primary residence, or if the property “creates a hazard or public nuisance or other condition which negatively impacts the use and/or enjoyment of surrounding properties, or threatens the peace and good order, or quality of life in the surrounding community.”

Violation fines could be up to $500 per offense. “Any owner who fails to obtain the permit required herein, or otherwise violates any provision of this section, shall be guilty of an offense which shall be punishable by a fine of not more than $500 per offense.”

Attics and cellars would not be allowed to be rented “unless it meets the requirements of the International Fire, Residential and Building Codes or successor law.”

Short-term rentals could be in any zone of the city, and would not be dependent upon the zoning type your house or apartment was in.

Advertised locations: The owner would have to show where they are advertising the listing.

Proof of rental bookings required. The number of days rented would have to be printed out from home-sharing listing websites and shown to the Building Inspector when the property owner(s) want to renew the permit.

Inspection by the Building Department would be required at the time of initial application, and any permit renewal.

Primary residences only are eligible. Owners of short-term rental properties would only be able to rent out that property that they call their primary residence. If it is not their primary residence, they cannot rent out. If they have a second home or house or apartment in Beacon, an owner could not rent it out as a short-term rental.

Campers, sheds, vehicles parked on property, tents, recreation rooms, garages, temporary structures, or other things could not be rented out from the homeowner's property.

Wedding, concerts or other commercial situations would not be able to be rented.

100-day rental limitation has been scratched out. In last month’s draft, there was a proposed limit of 100 days rented per calendar year. Comments from the public indicated this would impact their income, and in some cases, prevent them from making their own mortgage or property tax payments. In the proposed law, there is a strikethrough line through the verbiage, indicating that it is off the table as a restriction.

Timing to get permits: If approved, “This local law shall take effect immediately upon filing with the Office of the Secretary of State. Any short-term rental in existence prior to adoption of this local law shall have 45 days to file an application to obtain a short-term rental permit and 90 days to receive such short-term rental permit before any violations are issued, unless a delay is caused by Building Department in not issuing said permit.”

General Tone of the Legislation is Assumptive of Rowdiness - But Airbnb-ers Have Attracted Quiet Renters

In this proposed law language, the City's position takes an approach that defends the citizens, and one that assumes that renters are likely to be disruptive. Setting the stage for the legislation, the following is written into the introduction of the proposed law: "There is a greater tendency for Short-Term renters to fail to conduct themselves during their occupancy in a manner that respects neighbors and the community as would persons with longer standing relationships to their neighbors. In addition, studies have shown that short-term rentals are linked to increases in rent and housing costs because rental units are taken off the market and used as short-term rentals."

Studies, or supporting documentation, mentioned in this statement have not yet been provided or presented to the public for the creation of this law.

During the Public Hearing, all of the people in favor of short-term rentals credited Airbnb itself with creating a good-neighbor environment thanks to Airbnb's background checking and self-governing rules that publicly grade short-term rentals, as well as factor in private feedback. Said a citizen and homeowner landlord, Dennis Mendo, "From renting out an Airbnb for the last 3 years, I have not had one complaint. Not one thing broken. And I live in a cul-de-sac."

During the Public Hearing, it was revealed that people who are renters through Airbhb have to:

1. Pass background checks from Airbnb.
2. Can be denied a booking by homeowner short-term rental landlords.

Jessica, a woman who spoke at the public hearing and has a legal long-term rental on the property, also rents a part of the home as a short-term rental. She commented about the neighbor safety in place created by Airbnb's rental marketplace, stating: "I know more about my Airbnb guests than I do about my own tenant."

She went on to explain: "Guests have to go through a three-step verification process that the hosts sets the limits for, that ensures that [the guests] are who they say they are… If anything isn’t fit or isn’t how it was described or is unsafe in any way, shape, or form, they let other potential guests know by giving a lower number of stars and/or giving public feedback or private feedback."

Another attendee of the Public Hearing, Eva, rents her family's home on a short-term basis, and had this to say about her selection process about who books: "We do not accept every booking. We only accept [guests] who are willing to follow our rules. And this is why we only have 10 guests so far since 2017."

The next discussion of short-term rentals is on Monday, April 9, 2018. This will be a Workshop, where the City Council discusses the points it is considering. The workshop is open to the public to watch, but not to participate in. The next opportunity for the public to comment would be during the Miscellaneous Comment period of City Council meetings in general, which usually happen the following Monday.

For those who like auto-updates via RSS, A Little Beacon Blog has been re-publishing Agendas and Videos in our "Easy Access" City Government section of this website. There, you can easily find videos posted with each meeting, and links to the accompanying Agenda items, which can include useful information like drafts of laws, letters of testimony, maps, and more.

Please see the actual proposed draft legislation for this law on the city's website. You can find it here at this link. It is called "LL Short Term Rental with changes."

RELATED ARTICLES

Beacon Considers Airbnb Short-Term Rental Legislation - Here Are (Some Of The) Issues Being Considered

Pictured here is Beacon's Building Inspector, Timothy Dexter, speaking to the City Council during a Workshop meeting of proposed legislation for short-term rentals, often listed on websites like Airbnb.
Photo Credit: Screenshot of the Workshop meeting. Video produced by Peter Skorewicz.

UPDATE: The Public Hearing took place. Here is a summation of the resulting draft of legislation, which the City Council will discuss at the next Workshop on Monday, April 9, 2018.

This Monday, April 2, 2018, the City of Beacon's City Council will hear from the public about new legislation for Airbnb hosts, which are technically called "short-term rentals." The Airbnb market in Beacon is booming, bringing people from all over the country - and probably the world - into Beacon. A search for "Beacon" on Airbnb brings up over 300 results of places you can rent, from luxury lofts to secluded houses in the woods to charming cottages just steps from Main Street. It's a real estate dabbler's dream.

Personally, I don't Airbnb, but do like to have the option if I needed or wanted it. I do rent space in my business office, so I'm familiar with the work involved in managing a short-term rental on a daytime level. The idea has occurred to me to invest in a second home in Beacon, as a way to supplement my parents having a home here when they visit us as they get older. But Airbnbing can have some hiccups. I had some folks from California searching for a key in the mailbox on my front porch because they had the wrong house. No biggie, they were plenty friendly. I have also received a pizza delivery for what is probably that same Airbnb, who gave the wrong street type - is it Street or Lane?

According to Beacon Mayor Randy Casale at a 1/29/2018 City Council meeting, "There are no rules and regulations [for Airbnb], and by rights, they are really illegal." Yet if you talk to the Building Inspector, Timothy Dexter, at a 2/13/2018 Workshop meeting: "They’re not necessarily illegal by zoning. … They are probably all in violation of a zoning ordinance if they start to rent out a room or two." The building inspector encourages a "path to compliance," so that rentals who do violate code could make changes to be within code and become legal. But those requirements are often expensive, involving installation of sprinkler systems, particular windows, and other fire safety investments. From councilperson George Mansfield, who tries to find a guiding line through the thick nuances of the booming short-term rental market, where the landscape is a little bit undefined, unregulated Wild West, "We have to make them align with New York State Code."

If you moved to Beacon looking to own a home and not be beholden to a homeowners association like you might in an apartment building or condo complex, here's the memo you missed: Your homeowners association is actually several people on three boards (City Council, Zoning Board and the Planning Board), members of the public who attend the City Council meeting to voice their opinions, and New York state law. All of the people on these boards make up the rules of what you can and cannot do. Surprise!

Why Now?

This is not the first time the city has considered legislation around residences. Mayor Casale mentioned during the 1/29/2018 meeting that he has been discussing it since 2014, and a law was drafted in 2015, but was abandoned when consensus could not be reached. People from the community forced this issue back onto the table after the new owner of the house at 51 Orchard Place cut down over a dozen trees without a permit. That incident alone sparked a revisiting of legislation and fines that a property owner could be faced with.

The property owner, David Allis, is a resident of Beacon and purchased 51 Orchard Place as an investment property, not a primary residence. When he let the property's neighbors know of his intentions to list it on Airbnb, those neighbors came before the City Council to voice their opposition, stating that they wanted a family living there, not many people who come and go. David's property had been listed on Airbnb in 2018, but at this publishing date, the listing had been removed.

According to the Mayor's comments during a 2/13/2018 Workshop meeting on Airbnbs, he has received an uptick of emails asking him to enforce any law about short-term rentals. “I feel helpless," said Mayor Casale. "People call me and complain every day: ‘All these Airbnbs in Beacon are illegal - what are you doing about it? Honestly, we’re not doing anything about it because I’m being told it can’t be enforced unless you can prove that somebody stayed there. You just can’t go on advertisement. So I tried to get a law so we could say, 'If you’re advertising, we know you’re doing it.’ I don’t care if they are legal or illegal. As I sit here as the mayor, if they are illegal, and people are calling me asking why aren’t you enforcing it, I need to have a mechanism where I can enforce it."

What's The Big Deal With Short-Term Rentals?

The business model of a short-term rental is very enticing. You open your home to a renter for a night or several, you collect rent money, they experience a nice new place, and you're all happy. The regulation of such a business transaction happening in a residential neighborhood, however, is gridlocked with nuances and variables. 

Some of those nuances have been discussed by Beacon's City Council. Here's a simple summation of some of the issues.

• Owner Occupied: Should these short-term rentals need to be owned as a primary residence by the homeowner? And not as an investment property, being used solely for short-term rental and not the regular long-term (over 30 days) rental? Meaning, you need to live in the house that you are renting on a short-term basis, and not other houses that you own. From the draft of the proposed legislation: "Owner-occupancy. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as a short-term rental if the property is not owner-occupied. The property used as a short-term rental shall be the principal residence of the owner at all times during the term of the permit."
• Fire Safety + New York State Law: State law requires places who rent as "transient" rentals to comply with fire codes. According to the Building Inspector, these are typically defined as boarding houses, hotels and motels. But the designation for people's personal homes has not been defined.
• Inspections: Should these homes and apartments be inspected? Mayor Casale suggests "at least once per year like any other public place" as a possibility.
• Neighborly Conduct: Will transient guests take care of a home and neighborhood? Or trash the place? Will owners of investment properties who live out of state - or out of Beacon at all - be less invested in the community?
• Home Price Increases with Investment Properties: As homes are taken off the market in order to be short-term rental units, Beacon's City Planner suggests that this impacts the price of homes in general, making it harder for families to purchase in neighborhoods.
• Neighborhoods - the Definition of a Neighborhood: If investment properties for short-term rentals increase, what does that do to a neighborhood? Who would kids play with if most of the houses around them are Airbnbs, if investors are buying them and not occupying them as a family who rents out from time to time? Airbnb is hoping that investment properties do increase and has introduced out new services for hosts to be Manager Hosts, who manage people's listings. Running a short-term rental isn't always easy in practice. Accidents happen, oil leaks on driveways, fences break, paint chips, windows crack, homes need to be cleaned, beds stripped, nice soaps put out, etc.
• Insurance: How would that work? Antalek & Moore explained some of it here, and Airbnb does offer coverage for listings through them, but nothing is black and white.
• Permit: Should these homes and apartments be registered and permitted?
• Violations of Permit: Violate too many times, you get your permit pulled.
• Enforcement of Regulations: How can a city enforce the rules they set up?

Fire Safety - A Driving Force in the Proposed Law

Homes and apartments that make themselves available as short-term rentals fall into the zone of R1, according to Beacon's Building Inspector. In his letter prepared for tonight's meeting, he explains that a large motivation of the code is written for fire safety. He argues that people who are not familiar with a home vs traditional layout of a commercial building with expected fire exits, kits, sprinklers, etc. are more prone to getting hurt. In his words from his 3/22/2018 memo addressed to the City Council:

"Short-term rentals by their very nature are transient occupancies which in the International Building Code are considered an R1 use group. Typical transient occupancies are boarding houses, hotels, and motels. We have to apply the appropriate regulations for the individual use group which will tell us when and where fire alarm systems, fire sprinkler systems, exit signage, emergency lighting, and other life safety provisions need to be provided.

Authors of the International Building and Fire Code recognize as people are less familiar with their surroundings as transient guests there is a need for a higher level of fire protection."

Background Reading for Airbnb Legislation for Short-Term Rentals

The April 2 City Council Meeting marks the first Public Hearing on the matter, which means that the public is invited and encouraged to come to the City Council meeting to voice their opinions to the council members. The City Council meetings are held at 1 Municipal Plaza, which is the white building on 9D (aka Wolcott Avenue) that also houses the Police Department. The background prep work to read before the meeting to help you follow along better is here: Consideration of a Proposed Local Law to Create Section 223-26.4 in the City Code Concerning Short-Term Rentals. It includes:

• Letter from Beacon's Building Inspector, Timothy Dexter, about Building Code Provisions.
• Definitions of what is currently in building code.
• The latest proposed local law (aka "PPL"). There have been a few of these.

Beacon's City Council has met twice in 2018 about this matter: once as a regular City Council Meeting, and once during a Workshop where they focus on ideas about what to do about this issue. April 2, 2018, marks the first Public Hearing about it, where the public can give their perspectives and opinions.

2/13/2018 Workshop

1/29/2018 Regular City Council Meeting

Highlands Current article by Jeff Simms

RELATED ARTICLES

To B or Not to B: Insurance Implications for Airbnb Short-Term Home Rentals (Sponsored)

People converting their houses and apartments into Airbnb rental units (technically known as “short-term rentals”) has become common all over the world, thanks in part to listing giants and industry disruptors like Airbnb. Just take a look at their website or newsletter subscriptions, and you'll see friendly and enticing homes you could stay in, from Alaska to Zimbabwe and plenty of places in between. 

The legality of renting your house or apartment, however, is a different story, and is currently gridlocked in many cities and towns across the world. Here in Beacon, the City Council has been pondering the issue in recent meetings and workshops. In fact, a public hearing about it is scheduled for Monday, April 2, 2018 so that the council can hear from the public as members consider different levels of legislation.  

While it’s fun to spruce your house up and make money while you’re not there, what are the insurance implications if something happens to people or your property while renters are there? Airbnb does offer what they call Host Protection Insurance, but that doesn’t always save the day. We reached out to our sponsor partners Antalek & Moore Insurance Agency to get some advice.

In this article, Susan Antalek Pagones and Vince Lemma weigh in with their industry insight. Susan, Vince, and the rest of the Antalek & Moore team are insurance agents, which means that they shop around for the best coverage and rates for different types of insurance you need (home, boat, RV, that sort of thing). They also go to bat for you when you need to file a claim.

Susan and Vince will take it from here with their guidance on the short-term rental insurance issue with Airbnb or any listing service:

Short-Term Rental Insurance is Not Black and White

From Susan Antalek Pagones, partner at Antalek & Moore:

This is such a complex issue that is not black or white, so it cannot have one single answer. All situations are different, and all insurance companies have different guidelines on short-term rental insurance.

Beacon typically has the one-room, one- to two-night stay situation. As opposed to a house on the beach, where beach rentals are usually weekly. In our pool of insurance companies we work with and recommend to clients, we have some insurance companies that have not addressed this difference as far as homeowners insurance coverage goes.   

If there is an existing policy in force before the homeowner decided to Airbnb, or list their house or apartment as a short-term rental on any listing site, some insurance companies have not determined if there is or is not homeowners coverage. You would definitely want to call your insurance company to see what is covered. If something happens while you are not home - like if the renter starts a kitchen fire, or if someone visiting the renter slips and falls and tries to place a liability claim, or if a renter’s dog bites someone - you could be faced with a problem.   

If a homeowner is searching for a brand new insurance policy, and if that homeowner offers a short-term room rental, we have insurance companies that will not entertain that risk. If the insurance companies do allow for it, they may have limitations on the amount of time the homeowner can rent annually.

Other factors come into play regarding insurance. Is there a pool or pond on premises? Will food be served? These sorts of questions will be asked by insurance companies considering taking on the additional risk of short-term rentals.

Homeowners Insurance Really is for Natural Disaster Coverage, Not Short-Term Rentals

Vince Lemma, partner at Antalek & Moore, weighs in regarding coverage beyond what is typically covered in a homeowners insurance policy. Here is what Vince says:

Homeowners insurance was originally designed to protect your home against natural disasters, like a fire. Homeowners can get additional liability protection insurance if someone is injured on your property. While Airbnb does offer its own insurance, we have had a client who was still sued by a renter and their homeowners insurance paid, not Airbnb’s.

If an insurance company will entertain the idea of a homeowner renting their home on a short-term basis, then they may require notification before the renter comes in if it is not a regular occurrence. The insurance company may require you to purchase a special policy, in the form of an Endorsement to cover the rental time, which could be added onto your baseline homeowners insurance policy for that one-time event.

There is case law that gives the insurance company the opportunity to deny the claim if the policy is written as a Homeowners Policy with no Endorsements to reflect the change in exposure. For instance, in the case of the kitchen fire above, if a renter is cooking and a fire happens on the stove, the insurance company might not accept that claim.

Do Your Research

Talk to your insurance company about whether short-term renting is included in your coverage. If it is not, and if the company finds out that you have been regularly renting out the house, the status could jeopardize any claims you need to make should an accident happen while renters are in your home.

Antalek & Moore can help you in this research, by finding out what policies would work for your situation to help guide you in future decisions. Call them at (845) 831-4300 with any questions. Visit their office on Main Street, at 340 Main St., just steps away from Beacon Natural Market and across the street from the Post Office.

---

Antalek & Moore is a sponsor of A Little Beacon Blog, and this article was created with them as part of our Sponsor Spotlight article program. It is with the support of businesses like theirs that A Little Beacon Blog can bring you coverage of news, local happenings and events. Thank you for supporting businesses who support us! If you would like to become a Sponsor or Community Partner, please click here for more information.

Antalek & Moore Announces New Partnership with Vincent A. Lemma, as Longtime Beacon Advocate Pat Moore Retires (Sponsored)

Antalek & Moore's Upcoming Ribbon Cutting Ceremony

When: Thursday, January 18, 2018
Time: 4 to 5 pm
Where: Their offices at 340 Main Street, Beacon, NY
Stop By! Or RSVP: 845-245-6292

Late in December of 2017, a hand-signed letter arrived in the mail from Pat Moore, partner at Antalek & Moore Insurance Agency. The letter announced his retirement from the independently owned firm Antalek & Moore in order to pursue personal interests, which included traveling with his expanding grand-family. Maintaining independence in the insurance world has been deeply important to Pat, as he reiterated in his retirement letter: “We live in a time of high-level merger and acquisition activities of firms like ours. Maintaining our longstanding independence is proving to be the exception in today’s business environment.”
 
Of the utmost importance to Pat was hand-picking his successor, Vincent A. Lemma, to join his business partner, Susan Antalek-Pagones, in carrying the business forward into its next generation. Antalek & Moore originated in Beacon in 1853 and continues here today with the new leadership and partnership of Susan and Vincent at the helm. They are hosting a ribbon cutting to celebrate the transition on Thursday, January 18, at 4 pm. And you’re invited!

About Vincent A. Lemma, Antalek & Moore's New Partner

Vincent (please, call him Vince, he insists) started working with Pat eight years ago during a time when Vince was employed by an insurance agency owned by a bank. “Crazy things were happening with the banks,” says Vince, “and things were happening that didn’t jive with me for our customers.” He reached out to Pat to begin working in the independent world, and their business relationship blossomed.
 
As a new leader of the firm, Vince is pulling from his experience as an assistant lacrosse coach at several different colleges. As an assistant coach at Randolph Macon College, his team knocked nationally ranked Washington and Lee out of the playoffs in 1997, fueling his competitive drive to work with a team of young people balancing sports, school and teamwork. Coaching also allowed him to leave his home state of New York to experience different parts of the country, and return later to settle down into the insurance profession.
 
“As an athlete, you need to overcome hurdles to win. In this industry, we face those hurdles on a daily basis. As a coach, you need to understand how to help your employees overcome those hurdles.”
 
Vince believes that 90 percent of problems in the insurance world are caused by simple misunderstandings, and he aims to educate current and future customers of Antalek & Moore to help them know their coverage. He believes that working with an independent agent gives customers an advantage. “When you’re not working with your agent and your broker, things get difficult, and you think the insurance companies are out to get you. We fight for the insurance company to cover everything they agreed to cover in the agreement with the customer.”
 
You can meet Vince any time by scheduling an appointment with him, but the most fun way will be to attend their upcoming ribbon cutting, right on Main Street, conveniently located in the middle of town, near Rite Aid. In fact, park in the free parking lot behind Rite Aid and BAJA, and you're on Antalek & Moore's back doorstep! Stop in, welcome Vince to the position, and look for more from this new development at Antalek & Moore.

---

Antalek & Moore is a sponsor of A Little Beacon Blog, and this article was created with them as part of our Sponsor Spotlight program. It is with the support of businesses like theirs that A Little Beacon Blog can bring you coverage of news, local happenings and events. Thank you for supporting businesses who support us! If you would like to become a Sponsor or Community Partner, please click here for more information.

Planning Board Chairman Jay Sheers Resigns After 22 Years of Service and Thanks Fellow Volunteers

Photo Credit: Screenshot from Planning Board Video recorded by Peter Skorewicz.

After 22 years of public service to Beacon, NY, the chairman of the Planning Board, Jay Sheers, has resigned his position. He previously served on the Zoning Board, and his time on the Planning Board has coincided with some of the biggest growth in Beacon's history.

He told the public of his decision during the December 12, 2017, Planning Board meeting, before the start of the meeting. The meeting was expected to be heavily attended, as development projects were on the agenda. Specifically, the meeting centered on a vote about a planned large apartment complex known as 22 Edgewater Place (see details about this in A Little Beacon Blog's Building and Development Guide), which is proposing 307 apartments in seven buildings, to be built in the woods above the train tracks near Pete and Toshi Seeger Riverfront Park. The Planning Board voted to allow the project to proceed to the next step in its development cycle.

Here is Jay's resignation message, thanking city workers and fellow volunteers. He shared this before larger proceedings of the meeting began:

“I’m debating a personal note, so I’ll do that now, because it may appear that I’m leaving the Board because of this [refers to the audience], but it’s not true. I’ve been thinking about leaving the Board for a long time. So and tonight is my last Planning Board Meeting. I’ve been on this Board since 1995 and I’ve been the Chair for 10 years. Before that I served on the Zoning Board of Appeals.

"It has been extremely gratifying to have worked with the many people who have given so much time and effort to bring about the large number of positive changes that have taken place in this fascinating and wonderful City over this period of time.

"Recently, demands on my time from my job and my growing extended family make it harder and harder to fully prepare for and attend meetings. I know that the City is in the middle of a lot of important work, but that’s pretty much always the case. Waiting for a good time to step out would mean that it would never happen.

"One of the most rewarding aspects of my time working on the Board has been with my fellow volunteer Board members both past and present, and I’d also like to thank Mayors Gould, Gold, and Casale for their support over the years, as well as Board consultants and attorneys, and a special thanks goes out to Ann Thomas, Etha Grogan, and Tim Dexter. Beacon would not be what it is today without their hard work and dedication. Thank you.”

You can watch the full video here, and see what was on the agenda.

The Lofts at Beacon Falls - Gorgeous Apartments in the Heart of Beacon in a Historic District (Sponsored)

The very first pioneers to The Lofts at Beacon Falls, the new apartment complex located in Beacon's Historic District at 50, 52, and 54 Leonard Street (between Grove and Amity), were true out-of-towners: Many of them were parents, grandparents, aunts and uncles, of couples who had moved to Beacon with their young families to start their new lives as Beaconites. The Lofts at Beacon Falls are located on the mountain side of Fishkill Creek, just up the road from Dogwood and The Roundhouse. If you sit on the benches across from Wickham Solid Wood Studio and what used to be The Hop, you are looking right at them, though they are hidden behind trees (see the picture below). Current residents moved from Florida, Michigan, North Carolina and other far-off states to settle in here and live within walking distance of Beacon's businesses. Small city living has a strong appeal, and The Lofts at Beacon Falls are delivering on that.

The Historic District

Because the Lofts at Beacon Falls are nestled into Beacon's Historic District, the newly designed buildings needed to conform to certain standards to keep with a historic look. You'll notice similarities between The Roundhouse complex and The Lofts at Beacon Falls on Leonard Street, with the gray-brown coloring, brick and black trim on the exterior. According to Bob Murphy of the Beacon Historical Society, the property was part of the Matteawan Manufacturing Company; by the mid-1930s, it was the Braendly Dye Works.

View fullsize

View fullsize

Insider Tip: If you sit on the benches across from Wickham Studio or the former Hop to reflect on things on the Fishkill Creek, you can see parts of The Lofts at Beacon Falls through the trees.

Another Insider Tip: Leonard Street is one-way if you are driving towards the Lofts at Beacon Falls, so you'll need to take a right on Amity to drive around the block to come into the entrance down Grove Street, which turns into Leonard Street.

Modern Apartment Life in Beacon's Historic District

Inside, you'll find modern design and amenities of apartment living. Designer kitchens and open floor plans make for a spacious feel in the one- and two-bedroom apartments, trimmed with granite counters, laminate wood floors, and Edison-style lighting. A washer and dryer come with each unit, making it super convenient to plan a cozy day of laundry, tucked inside an apartment surrounded by the wooded landscape of the Fishkill Creek.

Walk outside of the apartment complex and follow East Main down to Main Street at Beacon's famed Dummy Light, and you're just about at Beacon's East End, an area dominated by more former factory buildings with renovations under way, making room for more art galleries, boutiques and eateries to frequent. Numerous boutiques, including Style Storehouse, Kaight, King + Curated, Lambs Hill Boutique, and more, cater to a variety of personal styles. Need something as specific as a brow wax? Find it at The Blushery, at the T where Main Street meets the end of East Main - just one of the niche storefronts available to Beaconites.

The Perks

A full workout center is located in the heart of the apartment community for anyone who needs easy access to a quickie workout on the machines. Residents may even bring in their personal trainer for a guided workout. Staying fit is certainly do-able from this location, with access to trailheads on Mount Beacon, as well as nearby fitness centers on Main Street like Zoned Fitness (formerly Hudson Valley Fitness), and the Shambhala Wellness Center and Live Your Life Gear.

The planners at The Lofts at Beacon Falls made certain to build pet-friendliness into their offerings, allowing animals as residents for an additional fee. No one's circling the neighborhood looking for parking, because one spot is allotted to each unit, and additional parking spots are available. Security is of top importance, so there is surveillance inside and outside, as well as keyless entry that can even work from a smartphone. The full list of what's included can be found here on their Amenities page.

Pricing for 1- & 2-Bedroom Apartments

There are 78 apartments available at The Lofts at Beacon Falls. The community of already-established residents is waiting to grow. Monthly rental prices range from $1,800 to $2,700, with spaces ranging from 800 to 1,400 square feet. Some apartments boast an office, a feature that has attracted people who work from home as well as commuters who want to set up a workspace in their home.

About the Developer, James M. Bello

James founded James M. Bello and Associates, his family-run business, in 1985. In the decades since, he has employed several hundred subcontractors to design and build homes, renovations, and light commercial projects. A native of Brooklyn, James and his wife have lived in Dutchess County for the last 18 years, and currently reside in Hopewell Junction. Says James: "We noticed a big change in Beacon and we wanted to be part of it. We want to offer value to some of the people who live in Beacon, or are moving here."

Looking to Move? View an Apartment

SCHEDULE AN APPOINTMENT
Dorothy Bizzoco
Call: (845) 765-8044
Email: Dorothy@loftsatbeaconfalls.com

You can view the apartments any time, just contact Dorothy Bizzoco, who would love to show you around. Who knows, maybe you'll be moved in in time for their Christmas Party this December. Bring the eggnog from your kitchen down to the party!

Publisher's Note: This has article has been produced as Branded Content, and was written in partnership as an advertisement for The Lofts At Beacon Falls. It is through sponsorships like this one that A Little Beacon Blog can continue to bring you coverage of Beacon and beyond. Please see our Editorial Policy for more information. Thank you for supporting businesses who support us!

Condo Insurance or Homeowners Insurance? A First Time Homebuyer's Experience

After spending my entire life living in rented apartments, 2017 was the year that I became a homeowner! Back in the spring, I went to an open house for a two-bedroom, two-bathroom condominium that was move-in ready. I made an offer two days later. With all the excitement that surrounds buying a new home, there were some things I overlooked - like insurance. Oh yeah, I need that, don’t I? When you rent an apartment, you could have renters insurance, but it’s not required. I never had renters insurance, but now that I’m buying a home, this is necessary. I've seen so many commercials on TV - with the little green guy, with Flo, and with the guy who played Jay Jonah Jameson in the Spiderman movies - but how do I know which insurance to go with?? Where do I even start?

Wait - Homeowners Insurance for a Condo?

And then I remembered our friends at Antalek & Moore! Through them, I learned that I don’t need homeowners insurance, I need condo insurance - there is a difference. Like homeowners policies, condo policies typically provide structural coverage for a condo’s structure, personal property, and liability. The structural coverage they offer, however, is usually different from that provided by homeowners policies, because condo owners don’t own freestanding houses.

Condo Insurance Varies and is Good for Non-FreeStanding Structures

The protections that condo insurance policies provide for condos’ structures vary. Some policies don’t include much protection for a condo’s structure, while other policies afford a lot of coverage for cabinets, appliances, plumbing, wiring, flooring, and similar items. Whatever isn’t covered by a condo association’s master policy ought to be insured with a condo policy. Thus, a condo owner normally needs to purchase much less coverage if their condo association has an all-in master policy than if the association maintains a bare walls-in master policy.

The Insurance Bundling Effect

I connected with Terry Williams from Antalek & Moore and suggested that I bundle condo insurance with our current auto policy (I was purchasing the condo with my boyfriend). Not only was Terry easily available by phone and email to answer any questions we had, she was involved in the closing process. She was able to negotiate an even better annual rate than what was originally quoted to us. She was even okay with me dropping into their office for a quick “Hello!” just so I could meet the face behind the emails and phone calls. After we closed, she was still involved with making sure we were getting the best coverage possible, while dropping other coverage we were paying for that we didn't need. 

Choosing to go with Antalek & Moore when buying my first home was a great decision and I’m happy to have someone like Terry working with me and looking out for our best interests.

---

Antalek & Moore is a sponsor of A Little Beacon Blog, and this article was created with them as part of our Sponsor Spotlight program. It is with the support of businesses like this, that A Little Beacon Blog can bring you coverage of news, local happenings and events. Thank you for supporting businesses who support us! If you would like to become a Sponsor or Community Partner, please click here for more information.

Tax Assessment Grievance Day Is May 24, 2017 - Bring Your Comps!

Your tax assessment letter may have just come in the mail, letting you know how the City of Beacon values your property, and if that value went up or down. Maybe it's higher than Zillow's estimate, maybe it's lower. Whatever it is, if you disagree with it, you can dispute it on Beacon's Tax Assessment Grievance Day on May 24, 2017 at 1 Municipal Plaza (City Hall - Lower Level) at 2 pm (oh joy). The City advises that you bring your "comps" in order to aid in your argument. What are comps, you ask? They're the recent sales prices of homes similar (comparable) to your house in the same area.

This real-life Monopoly card could be a real bummer, or nothing at all. "Be aware that if you put the property on the market via MLS, the tax assessor will value the property at what you value it, namely the sales price that you've put on the property. They actually check MLS!" advises local realtor, Daniel Aubry. "I had that happen to me. I put a highly optimistic price on a house that I owned to test the market. The assessor used that price for the following year's assessment, significantly raising my taxes. I've been stuck with that price ever since!"

Can a high assessment ever be useful? "Any savvy buyer knows that the assessment bears very little relationship with the actual market value. So it can't be counted on for establishing a realistic valuation," says Daniel.

[EDITED 5/21/17] From this writer's limited real estate experience, if the bank appraisal value comes in low when you're ready to sell the home to a buyer who wants to pay more than the appraised price (a different valuation than the City's assessment), the bank will only loan as much as the appraised number, putting the responsibility on your buyer to come up with more cash - or for you to lower the house price.

The Agent Who Brokered In A New Era Onto Main Street's West Side - Daniel Aubry's 20-Parcel Deal (Sponsored)

View fullsize

Daniel Aubry first traveled the world as a professional photographer, visiting over 130 countries on assignment before he chose Beacon, NY, to put roots down in his companion profession as a real estate agent. Quietly located on Beacon's East End of town in an office to the right of the once-derelict Beacon Hotel (which has completed its first major round of renovations), Daniel has recently made a significant impact over on the West End of town, where he closed a deal early in 2017 that transferred 20 units owned by longtime property owners, the Piccone Family, to a new Hudson Valley-based family.

You may remember the Piccones from when they hung the banner above Mr. Bell's salon last year. When we wrote an article congratulating Mr. Bell on 25 years of business success, Lucy Malone told us: “Mr. Bell would come on the first of each month to pay the rent. I always asked him how he was. After we said hi, his answer for all the years I was there was 'Excellent.' That is how we started our conversation each month. It always made me smile. Mr. Bell is always smiling. Mr. Bell was an old Nabisco friend to Mr. [Frank] Piccone (his landlord’s father) and he spoke very highly of the Piccone men: Frank, Ron and Jamie, as he knew them all." 

One Building To 20 Parcels Changing Hands

This real estate deal is a unique one, in that Daniel Aubry represented both the buyer and the seller. Early one evening during an event hosted by Scenic Hudson at Long Dock, Daniel planted the seed of the sale with the buyer, who already owned properties in New York and had recently sold one. Daniel, being highly conscientious of taxes associated with the sale of a property, suggested that this new family consider the Piccones' property - before it was even on the market. The building already had a positive cash flow coming in, otherwise known as a "cap rate," or an existing income-generating property that needed ongoing management. 

The intent originated with the purchase of one building on Main Street, and resulted in 20 parcels being sold to the new owners, who also recently purchased the River Winds Gallery building (not the business, but the building that houses it) in a separate sale. The Daniel Aubry property sale consisted of business storefronts where Mountain Tops and Miss Vickie's Music are located, residential apartments and houses with Section 8 classification, as well as several empty lots. Sixteen of those parcels are on or are adjoining Main Street. Says Daniel: "The deal grew like Topsy. It is possibly one of the largest real estate deals involving simultaneous property ever done in Beacon.”

Dual Representation & A Business Lesson 

This real estate deal is a unique one, in that Daniel Aubry represented both the buyer and the seller. How does one ensure fairness, you ask? "It was a very organic process," recalls Daniel. "Both parties need to feel that you are representing their best interest. For that, you need to be very clear what the needs and the expectations are of each part of the deal. Because the Piccones were a client before, they had some trust already."

Throughout his decades in business, first as a photographer, an industry he left "before it left me" (due to the disruption by the iPhone of the camera market), Daniel has learned to follow his instinct. How did he know that the two parties would work well and maintain trust in this situation? "Chemistry. There are people in life, I have learned, [who] you can’t do business with. Either they think they are too smart, or something else. There may be a chance to make money, but I’m at a stage in my life where my quality of life is more important to me than making money."

What May Be Next For Buildings On The West End Of Main Street

"These properties were purchased at time when Beacon was like Newburgh, down in the dumps - though Newburgh is now rising," explains Daniel. "The landlords did the best with what they had. They maintained from an infrastructure standpoint, but not a cosmetic standpoint." The Piccones had two full-time staff members to maintain the properties. Those two people have been hired by the new owners, who have also retained a property management company that specializes in Section 8 housing.

Some of the properties are close to the train station, and several are single-family homes. Where the most impact may be seen is on several vacant lots, where the new owners may do “in-fill development,” creating additional housing. "The new owners are wonderful people and have the best interest of Beacon at heart. I think it is good for Beacon. They tend to move very thoughtfully," says Daniel.

---

Editorial Note: This has been a sponsored article by Daniel Aubry Realty that A Little Beacon Blog's editorial team approved of to write and research, as part of our Sponsor Spotlight series. To see more of Daniel's listings, and to see what else he knows of that is not on the market yet, see www.danielaubry.com for listings and contact information.