Guest-house owners upset with limits

At least 50 guest houses in Otsego County, most of them in the Cooperstown area, have been under scrutiny by the state Department of Health for not meeting codes on water, sewer or fire safety regulations, according to health department officials.

Eight Otsego County guest house operators and lodging representatives attended a meeting Thursday in Oneonta about the code that says rental operations defined as "temporary residences" are subject to regulations governing the number of people who can stay at these places.

"Temporary residences," according to the state Department of Health, are defined as short-term rentals that can house 10 people or more. The code was last updated in 1985.

James Parry of Oneonta said he and his wife own two guest houses — Applefield Guest House in Hartwick and Milford House in Milford.

In the summer, when Cooperstown Dreams Park families are in town, Milford House has accommodated up to 15 people at a time, Parry said.

But because Milford House, which has three apartments, falls under the definition of a temporary residence, the health department has said the Parrys must upgrade their sewer system or drop their occupancy limit to nine people or fewer.

The couple said their businesses have always passed county code inspections and they knew nothing of the 1985 state code. Having to reduce occupancy of Milford House is going to hurt their pocketbook, they said.

"Most definitely it will be a financial burden," Parry's wife, June, said. "I cannot rent to a family larger than four people now."

Although they've paid $1,400 for an engineering study to determine what needs to be upgraded, the Parrys say forking over another $20,000 to be in compliance is too much.

"I don't have a money tree out in the back yard," said James Parry, noting that the state code is holding him back from realizing the full benefit of his property.

The health department started checking rental properties for violations last July, after receiving an anonymous letter listing numerous properties that might be in violation, said Robert Pierce, Oneonta district office director for the health department.

The DOH has red-flagged about 60 properties, Pierce said. Most of them are in Otsego County, within a 10- to 15-mile radius of Cooperstown.

While most of the non-compliance, Pierce said, centers on inadequate sewage systems, some properties are not up to fire safety code.

Between 25 and 30 rental property owners have decided to drop their occupancies to nine, another 12 people are working with the DOH to upgrade their properties so they can have higher occupancies, and 12 others have yet to be dealt with, said Todd Mull, an official with the DOH district office in Oneonta.

Several people at the meeting asked if new legislation raising occupancy levels could be written to accommodate for these businesses that depend on summer rental income.

Otsego Chamber President and CEO Rob Robinson, who was at the meeting on behalf of area business owners, said guest house owners should not be denied that income, especially with the recent influx of tourism dollars connected with youth baseball camps in Cooperstown and Oneonta.

"Over the last five years, we've had an explosion in an industry that doesn't fit the 1985 code," Robinson said. "We need to find a way for people to stay in business until we find some legislation that works."

Sen. James Seward, R-Milford, was also at the meeting. He said legislation to change the code could be drafted. He added, however, that he is concerned that business owners could miss this summer's rental income while waiting for a change in law.

"I'd hate to see people not take advantage of the season or spend a whole lot of money if we're going to create new legislation to deal with rentals," Seward said.

Pierce said it's important that people have an understanding of the existing code, adding that business owners who fall under the "temporary housing" category must apply for permits to run their operations.

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Jill Fahy can be reached at jfahy@thedailystar.com or (607) 441-7221.