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How Austin, TX is Dealing With ShortTerm Rentals

Posted by: Mary Ann Passi, CAE on Friday, November 21, 2014 at 12:00:00 am

Changes to Short Term Rental legislation approved by the Austin city council include:

  • Develop an online payment and registration process for rentals.
  • Refund the extra $191 paid by some people who registered their rentals before the council lowered fees in mid-October.
  • Establish a waiting list for homeowners seeking licenses for commercial rentals in census tracts that have reached the 3 percent cap the council set. Currently only one census tract, in Travis Heights, has hit that cap.
  • Notify neighborhood associations by email of newly registered short-term rentals, in addition to mailing notifications to neighbors near the short-term rentals.

The council also decided to create an online database and map of all short-term rentals, something short-term rental advocates and Austin Police have urged against doing. Rental advertising websites, such as HomeAway and Airbnb, do not give the exact address of homes so they don’t become targets for burglars looking for an unoccupied, but furnished, home. The database was proposed to replace mail notification of neighbors, but council members decided to keep mail notification.

The council did not address the program’s budget, $350,000, which is supposed to be funded with $235 of the $285 fees to register for an estimated 1,500 rentals. The budget pays for the costs associated with hiring three staffers to register and inspect rentals.

The council also decided, among other changes, to allow renting a portion of a home, which was previously illegal.

The partial-home rentals, typically a bedroom, are limited to registered homes in which the owner is present. Renting of single apartments, condos or homes in a tri- or four-plex, which has previously been legal, will be capped at some portion of the complex. City staff is recommending a 3 percent cap, but the council didn’t decide.

As part of the original rules, passed after more than two years of often-contentious public debate, the council created two categories of rentals: those that are the homeowner’s primary residence and those that are not. The latter, sometimes called commercial rentals, can comprise no more than 3 percent of the homes in a census tract; citywide, there are 114 commercial rentals registered.

The council did not address the program’s budget, $350,000, which is supposed to be funded with $235 of the $285 fees to register for an estimated 1,500 rentals. The budget pays for the costs associated with hiring three staffers to register and inspect rentals.

For updated information, check out the Members Only section of the CHPA website or directly at www.sfaa.org.


How Boston, MA is Dealing with Short-Term Rentals

Posted by: Mary Ann Passi, CAE on Wednesday, November 19, 2014 at 12:00:00 am

"Any lodging facility is required to follow the appropriate zoning and building code, and there is no evidence that this homeowner sought any kind of license and approval to run a lodging facility, which is just a black-and-white code violation,” Walker said. “Our problem is not with Airbnb and the concept; it’s strictly with the fact that it’s in a single-family [zoned] neighborhood.

"Local government has a responsibility to act for the general protection, health, safety, and welfare, and it does that through certain regulations and laws as to what can be done and not done. Now with new technology, people are able to do things under the radar screen, yet those activities are not being regulated in order to ensure that things are done safely and done in accordance with all the other laws."

For updated information, check out the Members Only section of the CHPA website or directly at www.sfaa.org.


How Aspen, CO is Dealing with Short-Term Rentals

Posted by: Mary Ann Passi, CAE on Monday, November 17, 2014 at 12:00:00 am

Offering local affordable housing units as short-term tourist accommodations always has been against APCHA (Aspen Housing Authority) rules, according to qualifications specialist Julie Kieffer. 

APCHA allows affordable housing residents with extra bedrooms to sublet their places, but the prospective tenants must be local workers who meet housing office guidelines. 

The city of Aspen also is hoping that users of Airbnb will sign up for a business license and pay sales and lodging taxes. 

For updated information, check out the Members Only section of the CHPA website or directly at www.sfaa.org.


New Bill in the Northwest Territories

Posted by: Mary Ann Passi, CAE on Monday, November 17, 2014 at 12:00:00 am

This Bill amends the Residential Tenancies Act to:

• reduce the retention period for inspection reports from three years to 18 months;
• require landlords to provide receipts to tenants and former tenants on request;
• clarify that subsection 51(5) applies to both tenancies which begin as a fixed term and to periodic tenancies;
• permit termination of a tenancy agreement in circumstances where family violence has occurred;
• provide a remedy for improper termination of a tenancy agreement resulting from a notice of rent increase;
• clarify that a condominium corporation may apply to a rental officer to terminate a tenancy and evict a tenant;
• provide that a tenancy agreement for subsidized public housing is reinstated when an eviction order is denied;
• permit orders and decisions of a rental officer to be enforced as a judgment of the Supreme Court; and
• allow for regulations to establish fees for making applications under the Act.

The Bill also includes a consequential amendment to the Condominium Act.


Le présent projet de loi modifie la Loi sur la location des locaux d’habitation aux fins suivantes :

 

• réduire de trois ans à 18 mois la période de conservation des rapports d’inspection;

 

• exiger des locateurs qu’ils fournissent des reçus aux locataires et anciens locataires qui en font la demande;

 

• préciser que le paragraphe 51(5) vise à la fois les locations initialement à terme fixe et les locations périodiques;

 

• autoriser la résiliation du bail dans les cas de violence familiale;

 

• prévoir une réparation pour la résiliation de bail abusive consécutive à un avis d’augmentation de loyer;

 

• préciser qu’une société de condominiums peut demander au régisseur de résilier la location et d’expulser le locataire;

 

• prévoir la reconduction du bail portant sur un logement public subventi onné advenant le rejet d’une demande d’expulsion;

 

• permettre que les ordonnances et les décisions du régisseur soient exécutées de la même manière qu’un jugement de la Cour suprême;

 

• prévoir l’établissement, par règlement, des droits à payer pour les demandes en vertu de la Loi.

 

Le projet de loi apporte en outre une modification corrélative à la Loi sur les condominiums.

 


How Portland, OR is Dealing With Short Term Rentals

Posted by: Mary Ann Passi, CAE on Friday, November 14, 2014 at 12:00:00 am

"Type-A Accessory Short-Term Rental Permit" allows a Portlander to rent out one or two bedrooms in their primary residence. It applies only to single-family homes and similar structures, not to apartments and condos.

Portland Zoning Code Section 33.207

  • If you are ready to pursue a permit you need to submit a Type A - Accessory Short-Term Rental Permit Application.
  • Portland STR hosts will need to prepare and mail or deliver a Neighborhood Notification letter which needs to be distributed to all recognized organizations whose boundaries include the accessory short term rental, the property owner if not the resident, and all owners of property abutting or across the street from the accessory short term rental. Hosts will need to include a copy of your neighborhood notification and a list of addresses notified as part of the application process.
  • Accessory short-term rental permits are not available via online permitting at this time.  The accessory short-term rental permit fees is $178.08 ($159 + 12% State Surcharge) for the Inspection Verification Fee. If the City of Portland inspection verifies that the required interconnected smoke detectors and carbon monoxide alarms were not installed at the time of the initial inspection, a $97 re-inspection fee will be assessed to verify compliance after the necessary corrections have been made.
  • Apply for a business license.  Everyone doing business in the City of Portland is required to register their business. No payment is due with the registration form and businesses grossing less than $50,000 per year before expenses are exempt from the City of Portland Business License Tax. However, if exempt one will need to make an annual filing to support the exemption request. Also, operators of accessory short-term rentals must collect transient lodging taxes (occupancy tax) from their overnight guests and remit to the City of Portland and to Multnomah County.
  • Please allow up to 4 weeks from the date your application is submitted to be contacted via telephone by a BDS inspector to schedule the required inspection. Our goal is to contact you as soon as possible, but depending on the volume of initial applications there may be delays in our ability to respond sooner than the 4 week timeframe.
  • The permit costs $178.08, which covers the cost of having a city inspector stop by and check that the bedroom being rented out was built legally and meets safety requirements — including that it's equipped with interconnected smoke and carbon monoxide detectors.

Portland has about 1,600 hosts.

For updated information, check out the Members Only section of the CHPA website or directly at www.sfaa.org.


 
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