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Proposed STR law goes too far

To the editor:

The new proposed law that imposes excessive regulations on unhosted STRs in residential areas in Lake Placid goes too far, and is potentially unconstitutional.

Recently, the U.S. 5th Circuit of Appeals, a federal court, ruled that restricting unhosted STRs versus hosted STRs is discriminatory and interferes with inter-state commerce. The Constitution prohibits discrimination against interstate commerce, and the 5th Circuit found that a residency requirement for an STR permit is explicitly discriminatory against out-of-state property owners.

Unfortunately, Lake Placid is making the same mistake of treating one set of homeowners differently based on residency. Seasonal residents are being vilified and unfairly regulated even though we pay the same property taxes and school taxes as anyone else, plus we pay room occupancy taxes on any STR income. In one sense, you might even call it taxation without representation. We cannot help but feel our rights are being infringed upon.

There’s definitively a place for short-term rental regulations, and enforcement on nuisance complaints is long overdue. But regulations need to be fair and recognize that STR owners are tax paying citizens who contribute to the local economy.

Like others, my family vacationed in the Adirondacks and Lake Placid when I was a kid. Although we don’t live here 365 days a year, we have roots here. As adults, my sister bought a house in Lake Placid in 2006, and my wife and I bought in 2014. We rent responsibly, pay taxes, contribute to the local economy, and employ a property manager, cleaning services, landscapers and others. Our residential home is nearly 100 years old and would be a lot to manage for anyone without the supplement of short-term rentals.

The village of Lake Placid should reconsider the 90-day limit and revise it to align with the town of North Elba for unhosted STRs to equal the 120-day limit.

It’s even been stated at past village board meetings that there was no rationale for the 90-day limit number; it was arbitrary. An increase to 120 days would at least allow for fair and equitable benefit of the short-term rental permit for all unhosted STRs.

Additionally, the whole concept of “hosted vs. unhosted” is a ploy that is discriminatory against residents who are not there full-time, even though we pay the same taxes. The village and town would be well served in abandoning that unfair distinction.

Lake Placid deserves a reasoned and balanced solution. Neighborhoods deserve enforcement of the existing Good Neighbor rules. And homeowners — even out of state homeowners — deserve to be treated fairly. We love Lake Placid and being part of this community, and hope changes are made before this flawed law goes into effect.

Tim Urschel

Lake Placid

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