Riverhead mulls tougher rules in its ban of short-term rentals

Tourists searching Airbnb listings in Riverhead are enticed to stay in beach bungalows, houseboats and farmhouses described as ideal settings for peaceful weekend retreats, bachelorette trips and wedding guests.

But soon, that type of language in vacation ads could be enough for Riverhead to prosecute homeowners who violate the town’s rental code, which has banned rentals of fewer than 30 days since 2013.

Riverhead is considering changes to its rental code to strengthen enforcement and prosecution of violations in response to complaints, officials said. A public hearing on the measure last Tuesday drew a divided crowd of some residents who are fed up with rowdy parties and a rotating influx of new neighbors. Others encouraged the town to ease the restrictions to promote tourism in the area. 

During investigations, code enforcement officers sometimes speak with out-of-state vacationers who admit to renting for less than the allotted time. But securing convictions against those property owners in court has proved difficult, according to Town Attorney Erik Howard.

“What we have run into is evidentiary problems, because you can't just rely on the person who is maybe from North Carolina or Florida or Texas saying that they rented it for two weeks,” he said. “It's not admissible in court without that person being available to testify.”

Howard said the proposed amendments would “bolster” cases and help town attorneys build them against property owners who violate the law. Under the code, transient rental violations could be established based on direct evidence or “presumptions” that include online listings, public reviews and visual observations of different groups of people occupying the homes; excess garbage and a pattern of different vehicles at the property.

Property owners could rebut those presumptions in court, Howard said.

The town board is accepting comments on the new regulations, which also include hefty hikes in fines, until Friday.

'Constant turnover'

Several residents spoke about the proliferation of short-term vacation rentals in their neighborhoods and uptick of cars, strangers and garbage on their streets.

“It’s different when you’re a homeowner and you have constant turnover,” Dan Sackowitz, of Wading River, said at the hearing. “It’s nice to know your neighbors. The weekend bachelorette and bachelor parties have to go.”

In Aquebogue, Bob Klein said his neighborhood was plagued by a rental property billed “Victorville by the Sea,” which advertised a waterfront mansion that sleeps 45 guests and hosted corporate retreats and weddings, according to rental listings and social media posts.

Riverhead sought legal action against the property owner, who has since sold the home and, in January, settled with the town for $25,000 in court, according to court documents.

“Cars were parked on both sides of the street, and we couldn’t get emergency vehicles through,” Klein said. “I don’t want other citizens of the Town of Riverhead to go through what we did.”

Under the proposal, violations would result in immediate revocation of rental permits, and fines would sharply increase to $3,000 to $30,000 for repeat offenders. Current fines range from $2,000 to $6,000 for repeat offenders. The town also could seek civil penalties in Supreme Court of up to $5,000 per day.

“The penalties were low enough that if you get caught doing this … it sort of becomes a cost of doing business,” Howard said.

Calling for 'a middle ground'

Michael Jones, who has a vacation rental in Riverhead, said the town’s regulations and proposed penalties are too “extreme” and cautioned that Airbnb and other platforms often update calendar and listing settings. If those sites show listings in Riverhead to vacationers looking for weekend rentals, Jones said he's concerned property owners could be in violation unknowingly. “When that happens, if someone misses it, I don’t think they should be extremely fined or possibly have jail time,” Jones said. “It’s a little egregious what the town is doing here.”

Other residents who own vacation rentals urged the town to reconsider, citing the economic benefits of tourism and necessity of extra income to offset rising property taxes and other costs.

Zuleika Hines, of Riverhead, who said she owns a rental in Connecticut, said neighbors’ complaints should be addressed, but the town should also allow rentals of less than 30 days to accommodate visitors.

“We have to find a middle ground,” Hines said Tuesday. “We have the lavender field, we have Splish Splash. … We want families to love what we have here in Riverhead.”

Tourism is a growing industry on Long Island. A state report found that in 2024, visitor spending in Suffolk County grew 7% compared to the previous year and accounted for 59% of tourism spending in the region at $4.7 billion.

Riverhead also was included in a Forbes roundup of best travel destinations in 2023, Newsday reported.

Some vacation listings in the Riverhead area also tout the area’s proximity to Shinnecock Hills, the site of next year’s U.S. Open. Southampton Town plans to lift its two-week rental minimum for the duration of the championship next year because of the expected influx of visitors.