Lackawanna council adopts ordinance banning short-term rentals after extended debate

The Lackawanna City Council on Feb. 3 approved an ordinance adding Chapter 178 to the Lackawanna Municipal Code to prohibit transient or short-term rentals in all city zoning districts, a measure that passed on a 3-2 vote.

Council members approved the ordinance after extended debate and a public-comment period in which residents, rental hosts and the mayor addressed housing availability, code enforcement and the city's ability to seek state housing certifications. The ordinance text names multiple zoning districts — including single-family residential, mixed residential, neighborhood commercial, central business, regional commercial, mixed commercial, industrial, Bethlehem redevelopment area and several overlay districts — as subject to the ban.

The measure followed months of internal discussion. Mayor Chuck Clark and several council members argued council action was needed because many short-term rentals operate without inspection or business approval and, they said, often run from properties in single-family zones where businesses are not permitted. Council members and the mayor repeatedly raised concerns about preserving the city’s housing stock and complying with zoning rules.

Opponents, including several owners of short-term rentals and other residents, urged the council to adopt a regulatory framework instead of an outright ban. Jacob Minigun, a public commenter, asked the council to hold off on a complete prohibition and to pursue the city's application to New York State’s “pro-housing community” certification before taking final action: “All I'm asking the council is to possibly vote no on the complete ban,” Minigun said during public comment. Other speakers, including Steve Grady and Amy Landell, urged the council to target vacant and abandoned properties and to consider permitting or registration plus inspections rather than a blanket prohibition; Grady said his rental “takes care of the property” and that owners rely on the income.

City staff told the council that, as of the meeting, none of the short-term rental properties in the city had a city inspection or formal approval under local rules. The director of development confirmed there are currently no city inspections or approvals specifically for these short-term rentals.

Council members who supported the ban emphasized zoning and enforcement concerns. The motion to receive, file and act on the ordinance was moved by Council Member Moreno and seconded by Council Member McLawie; the final approval motion carried 3–2 (McLawie and Moreno voting yes; Anderson and Moretti voting no; Surdi voting yes). The ordinance text that passed adds the prohibition as Chapter 178 to the municipal code.

Supporters said the ordinance is intended to protect long-term housing supply and neighborhood character; opponents said it could exclude responsible hosts who invest in properties and that the city should instead create registration, inspection and tax-compliance systems. Several speakers urged the council to pursue state programs and vacant-property rehabilitation grants to address the broader housing and vacancy issues that they said more directly harm neighborhoods than the small number of short-term rentals.

The council approved the ordinance despite those objections; council members noted the ordinance could be revised later if the city develops an alternative regulatory program or if state/local circumstances change.

Votes at the final ordinance approval were recorded during the meeting; the motion to adopt the ordinance carried by a 3–2 vote.