Short-term-rental rules
Can you Airbnb in Somers, NY?
Researched and reviewed by Jake Lee, FounderCurrent as of July 2026How this atlas is maintained
Somers effectively prohibits short-term rentals: in January 2022 the town amended its zoning definitions so that anyone renting a home or room on a "transient basis" (30 consecutive days or less) does not qualify as a "family," and residence districts (which cover virtually all homes in this village-free town) only permit one-family dwellings occupied by a family. There is no STR permit or registration path; the only transient-lodging use allowed is an owner-occupied bed-and-breakfast by special exception in the small Business Historic Preservation District.
What the rules say in Somers
- Zoning Code sec. 170-3 defines TRANSIENT BASIS as the rental or leasing of a room, rooms or home for dwelling, lodging or sleeping by the owner of the premises for 30 consecutive calendar days or less, with a portion of a day counting as a full calendar day (definition added via the 1-13-2022 amendments, L.L. Nos. 2-2022 and 3-2022).
- Sec. 170-3 defines FAMILY as individuals living as a single housekeeping unit, expressly 'as distinguished from a group occupying a boarding room, boardinghouse, hotel or motel, or renting the premises or part thereof on a daily or transient basis'; a DWELLING UNIT is a building or portion providing complete housekeeping facilities 'for a family.'
- Sec. 170-10 is a permissive use scheme for residence districts ('no building, structure or premises... shall be used... except for the following purposes'); permitted principal uses are one-family detached dwellings, religious uses, farms, railroad facilities, enumerated special exceptions, designed residential developments, and multifamily in MFR districts only. Short-term/transient rental appears nowhere as a permitted principal or accessory use, so an STR under 30 nights is not a lawful use of a dwelling in any residence district.
- There is no STR permit, registration, or licensing scheme anywhere in the Town Code: no STR chapter exists, Chapter 135 (Property Maintenance) contains no rental provisions, and a full-code search for 'short-term' and 'transient' returns only the sec. 170-3 definitions and the bed-and-breakfast definition.
- Narrow carve-outs: sec. 170-11B permits a resident owner to keep up to four boarders or lodgers (max two persons per room) as an accessory use (a traditional boarder provision, not an STR authorization), and sec. 170-82.1 permits bed-and-breakfast establishments (3-5 guest rooms, owner or representative residing on premises, stays under two weeks, county health approval) only by Zoning Board of Appeals special exception and only in the Business Historic Preservation District.
- Rentals longer than 30 consecutive days fall outside the 'transient basis' definition, so ordinary monthly/annual leases are unaffected.
- Violations are enforceable under the general zoning penalty provision (sec. 170-122); three uncodified 2025 zoning local laws (L.L. 1-2025, 4-2025, 6-2025) were checked and none concern short-term rentals.
Sources: Town of Somers Code sec. 170-3 Definitions (FAMILY, TRANSIENT BASIS, DWELLING UNIT, BED-AND-BREAKFAST) - eCode360; Town of Somers Code sec. 170-10 Principal uses in residence districts - eCode360; Town of Somers Code sec. 170-11 Accessory uses in residence districts (boarders/lodgers) - eCode360; Town of Somers Code sec. 170-82.1 Bed-and-breakfast establishments (special exception, Business Historic Preservation District) - eCode360; Town of Somers Code Chapter 170 Zoning (full chapter, searched for transient/short-term provisions) - eCode360; Town of Somers Code Chapter 135 Property Maintenance (checked, no rental/STR provisions) - eCode360; Town of Somers eCode360 New Laws page (pending 2025 local laws checked, none concern STRs). Last reviewed 2026-07.
How short-term rentals are regulated in New York
- New York has no single statewide short-term-rental ban. Towns, villages, and cities set their own rules through local ordinances and zoning, so rules can differ sharply between neighboring municipalities in the same county.
- Short stays in New York are generally subject to state and local sales tax, and many counties add a local occupancy (hotel/motel) tax, often collected by the booking platform on the host's behalf.
- Common local controls include permits or registration, primary-residence requirements, and zoning limits on which districts allow short-term use. In New York, a town and a village inside it can each have their own rule.
- Rules change. An ordinance can be added or amended at any time. Always confirm the current rule with the municipality before listing.
Somers short-term-rental FAQ
Can I run a short-term rental (Airbnb) in Somers, NY?
Somers effectively prohibits short-term rentals: in January 2022 the town amended its zoning definitions so that anyone renting a home or room on a "transient basis" (30 consecutive days or less) does not qualify as a "family," and residence districts (which cover virtually all homes in this village-free town) only permit one-family dwellings occupied by a family. There is no STR permit or registration path; the only transient-lodging use allowed is an owner-occupied bed-and-breakfast by special exception in the small Business Historic Preservation District.
Do I need a permit or registration to run an STR in Somers?
Sec. 170-10 is a permissive use scheme for residence districts ('no building, structure or premises... shall be used... except for the following purposes'); permitted principal uses are one-family detached dwellings, religious uses, farms, railroad facilities, enumerated special exceptions, designed residential developments, and multifamily in MFR districts only. Short-term/transient rental appears nowhere as a permitted principal or accessory use, so an STR under 30 nights is not a lawful use of a dwelling in any residence district.
What taxes apply to a short-term rental in Somers, New York?
Short-term stays in New York are generally subject to state and local sales tax, and many counties add a local occupancy (hotel) tax, often collected for you by the booking platform. A tax professional can confirm what applies to your property.
Can Palisade Stays manage a short-term rental in Somers?
Short-term rentals face real limits in Somers (see the status above), so it may not be the right play. Palisade Stays can still help you understand what's possible for your property, including a compliant mid-term or longer rental, and run it if it's a fit. Start with a quick assessment.
Navigating Somers's rules?
We'll help you find out what's actually possible for your Somers property, short-term, mid-term, or otherwise, and run it if it's a fit.
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