Albuquerque city council considering regulations on airbnb

Nick464
Level 1
Albuquerque, NM

Albuquerque city council considering regulations on airbnb

On August 6, 2018, Councilor Gibson sponsored a resolution that would create a City taskforce whose job it will be to recommend possible new regulations on short term vacation rentals in the city. The taskforce will be composed of members representing different city agencies and members representing the hotel industry.

 

The taskforce will have until March 2019 to issue a recommendation to City Council regarding what types of regulations it sees for for platforms such as airbnb. The City Council can adopt the taskforce recommendation and make the recommendation law. 

 

The taskforce could recommend banning short term rentals. It could also recommend limiting them or leaving them alone.

 

If you want to have a voice in this, or if you think airbnb hosts should be represented on the taskforce, contact your city councilor or attend the upcoming Finance and Government Operations Committee meeting on August 13, 2018 at 5pm in the Council Committe Room, 9th floor Coty Hall.

16 Replies 16
Michele663
Level 2
Albuquerque, NM

Thanks for posting this. Airbnb hosts should be represented on the task force. I’ll be at the meeting. 

Did you go? What happened? We need to collectively preserve our home owner's rights.

Victoria244
Level 5
Albuquerque, NM

How did it go? I only learned of this recently after the news incorrectly misrepresented  this taskforce as "protection" for hosts! I think more local hosts NEED to talk to their city!

Kanani2
Level 6
Albuquerque, NM

I'm just curious if there has been an issue that has brought this on? I do think it is natural for any city to show interest in any uptick in new types of businesses, but beyond that, has there been an event, or a complaint about short term rentals? If so, who, what, and why?

I think it's critical for someone within the AirBnB or VRBO host community to be a part of this task force, or at least be in regular contact and make an appearance at city council meetings for public remarks. 
I'm new, but prior to jumping in with my own house, I've followed AirBnB controversies in other cities through the news. The case I'm most familiar with is the City of Anaheim, because of my many friends and family who live there and in the surrounding towns.

 

The City of Anaheim (CA), banned new short term rentals. Existing ones were allowed to operate after Feb 2018, only if the owners claimed hardship status in order to recoup any investment.  While one might presume local hotels led the charge, the whole thing was brought up by neighbors who lived in close proximity to homes that had been purchased by LLC's, and then essentially flipped, furnished, and turned into 'party homes' or for large groups who were in town to go to the local theme parks (Disneyland and Knotts Berry Farm). There were also unscrupulous renters, who would rent a large home that could sleep 10, and then advertise on snapchat or twitter, a party with plenty of alcohol, and drugs, and then charge a cover fee to get in. Many of those attending were underage or college age. 

I think in order to avoid this happening, it would be great for the local ABQ hosts to form a coalition to tackle head on some of the issues that have come up in other cities.

Kanani2
Level 6
Albuquerque, NM

@Dayna0 Just a friendly note:  We're having our first Albuquerque STR/AirBnB host get together next Tuesday from 4:30 -6:30 at Flying Star on Menaul. We have @Nick0 , who is on the mayor's task force coming around 5:30, and also Sarah from Farmer's Insurance coming. Nick will tell us what's going on, and Sarah will talk to us about rental home insurance.  Please look at the meet up page here on the community forum.

 

Sign up here:   https://www.airbnb.com/meetups/wp2qr4pjk-albuquerque-host-and-vendor-related-meetup-january-8-2019

Tawnya2
Level 2
Albuquerque, NM

Hello and Good Morning!

 

 

My name is Tawnya, and I am a super host here in Albuquerque, I am also on the cities Short Term Rental task force, spearheaded by City Counselor Diane Gibson. (Please share this information with other ABQ hosts).

 

I wanted to make sure that you were aware that the city task force exploring additional regulations for short term rentals in Albuquerque has a public meeting scheduled for next Tuesday the 19th at 6 PM at the greater Albuquerque Association of realtors office on university.

This is the link to the district 7 projects and planning meeting on the city’s website, if you aren’t able to view it here or on the website, please contact  Petra Morris or Diane Gibson’s office for meeting details

 

https://www.cabq.gov/council/find-your-councilor/district-7/projects-planning-efforts/short-term-ren...

 

I was invited to participate on the task force after notifying my city counselor, Pat Davis, that I was concerned about overregulation having a substantial negative impact on our communities & families. I was also concerned that this proposed regulation may represent a case of big business interests influencing government to harm their competition (the short term rental host).

 

There are representatives of the hotel industry who support heavier regulations for short term rental owners, and they intend to invite several hotel owners and traditional bed and breakfast operators to attend the meeting.

 

Please come and represent yourself as a host, share your opinion either on a comment card or verbally during the Q and A session. 

Also, please consider inviting your employees, friends, and neighbors who may support the continued ability of those of us who have become small business owners through Airbnb. If you are not able to attend this meeting, please make sure that you call your city counselor and Diane Gibson’s office to give them your thoughts on short term rentals in Albuquerque. You can do this after hours so that you don’t have to speak to anyone directly, I suggest writing a script for yourself about why do you support short term rentals and how they improves your community, then leaving a message if you aren’t comfortable talking with someone directly. Calling the mayors office is also helpful, as the mayor will have the final input after city Council makes their recommendations. This is going to be a long process, so please keep your ears to the ground for further developments,  and keep in contact with your representatives so that they understand what their constituents want. I am also planning to send letters to the city Council, mayor, and my other political representatives in the community. If you would like a letter template, please reach out to me as a group of us have been working on developing one.

 

I host one listing in Albuquerque located in a duplex that I bought as a part of my retirement plan. I am a nurse, and many the companies I‘ve worked for have not provided me with the same retirement options that might have been available to me had I chosen a more lucrative career vs one which serves the public. The ability to increase my income on this property has helped me to improve the property inside & out, making the neighborhood more appealing for all. Because of the additional income from the listing, I am also able to provide a below market rate apartments on the other side of the duplex to an older Albuquerque couple. Strict regulations would have a negative impact on my family, and on the families of several hosts in my circle.

 

I personally make every effort to guide my guests to small local businesses, & local events so that they are able to experience the best that Albuquerque has to offer. 

 

The representatives of the short term rental task force would like the city to understand that STR hosts boost the economy, and the incomes our families draw from this activity have helped many of us close income gap’s that otherwise would’ve been very difficult to accomplish. 

 

We improve our properties and are excellent neighbors, regardless of whether we hire a manager, are living in the units, or elsewhere.

 

At the forefront of the proposed regulations are: 

 

Requiring hosts to get a business license and a short term rental host permit in addition to the license.

 

Requiring hosts to comply with all existing laws, regulations, and ordinances. Which in the opinion of the lawyers I have spoken to, would be unnecessary to state, as it is implied that we are all expected to follow the rules and laws.

 

Limiting the number of Airbnb’s that would be allowed on one street (density limits). The example cities we have reviewed range anywhere from a complete and total ban on all Airbnb‘s, a ban on all non-host occupied airbnb’s, to a % ranging from 10% up. Many of the hosts I have spoken with feel that it should be up to individual neighborhood associations and HOAs to determine if they would like to ban STRs out right.

The density restriction comes as a result of the city being unsure if this is a residential versus commercial operation, and the fear of entire blocks in Albuquerque neighborhoods being bought up specifically for STR usage, thus destroying the character of the neighborhood (see NPR story #897).

 

I would personally support the city putting a density restriction of 50% on any one block, with the neighborhood associations able to provide stricter regulation if the residence of a particular neighborhood desire to do so and hosts able to apply for an exemption if their neighbors agree and desire higher than a 50% density. The hotel representatives on the task force have indicated their support for much lower numbers of 5 to 10% per block.

 

Owners may be required to post their permit numbers on their listings and would not be allowed to advertise their units for commercial uses like events, weddings, graduation parties etc. 

 

The city and state are also in the process of requiring hosts to pay gross receipts taxes on their income in addition to the hospitality and lodging/occupancy taxes. This is something you may want to discuss with your tax advisor so that they can check the most current laws.

 

There has been concern expressed that short term rentals may impact affordable housing, though there have been no studies to show that this is the case in Albuquerque. It has been suggested by short term rental representatives that a fiscal impact study be completed for short term rentals, affordable housing, and also what the financial and administrative burdens of additional regulation would be. The feeling I get from the zoning and code enforcement departments are that with their current staffing, they don’t feel they would be able to enforce new regulations and that the current ordinances already cover many of the concerns opponents of short term rentals have.

 

It has also been suggested that some of the funds that will be generated by the additional regulation and licensing fees plus the new taxes should be diverted to affordable housing projects. I am in full support of this suggestion versus all additional funds going to pay administrative costs.

 

Please let me know if you have any questions, I hope that you will be able to attend the meeting next week to help us keep short term rentals operating safely in our community, and that if you aren’t, you will send a letter and call your representatives, the city Council, Diane Gibson, and the mayor.

 

Have a wonderful day!

Tawnya

Did you go to the meeting on March 19th?  What was decided?

Tawnya2
Level 2
Albuquerque, NM

Please join the Short Term Rental Host's in ABQ group we have created - https://www.facebook.com/groups/1432221143581318/

 

Also, here is a letter template drafted by some local hosts. Please share and send to other hosts or supporters - https://docs.google.com/document/d/1qjm6vN8MxvUgib60OyDb8HfCzJUz1kE6KqHW1BbCDbQ/edit?usp=sharing

In addition to sending this letter to the Albquerque City Council, please also send it to Mayor Keller.

Tim-And-Laurie0
Level 2
Washington, DC

Did anyone go to the meeting on March 19th?  What was decided?

Hey Everyone -

 

My name is Eric.  My wife, Mary and I, rent out a room in our house on Airbnb.  We just got wind of Councilor Gibson's effort to regulate STRs a few weeks ago (thanks Tawnya!) so we're new to the conversation. 

 

The whole thing is very concerning to us, because the task force seems to have been created for the purpose of finding "solutions" to "problems" that don't exist.  Mary attended the March 19 meeting and confirmed that the task force has failed to produce or analyze any studies, data, surveys or any objective information that STRs have any negative impact on the communities where they are located.  In fact, the resolution that created the task force assumes there are problems and calls for some kind regulation to address these assumed problems, without either identifying what the supposed problems are or whether there may be existing mechanisms to address them. 

 

Additionally, the hotel industry has a significant presence on the task force, which seems strange, given that the only apparent reason for hoteliers to be interested in STRs is to eliminate competition.  Turns out eliminating competition through regulation is a pretty common hotel industry strategy.  Check out:  https://fee.org/articles/the-hotel-industry-s-plot-to-take-down-airbnb-using-state-power/.

 

In any event, there were no decisions made at the March 19 public meeting.  However, Diane Gibson revealed that the task force had agreed on a number of different issues, which we can expect to be made into recommendations.  You can see those issues at:

http://www.cabq.gov/council/find-your-councilor/district-7/projects-planning-efforts/short-term-rent...

After speaking with Councilor Gibson's staff, we were told that the task force will make recommendations at the June City Council meeting.  The process has been very opaque and is likely to continue to be so, so we're not aware of what those recommendations might be, but I think we, as Airbnb hosts, should be prepared for being required to get expensive permits and to pay substantial fees.  Councilor Gibson has not been responsive to our concerns, so reaching out to the other City Councilors and the Mayor to stave off any requirements that will force us out of business is critical.

 

Mary and I also think it would be a good idea to have a unified presence at City Council meetings where STRs are dicussed in the future and any future public meetings that the task force has. 

Tawnya2
Level 2
Albuquerque, NM

Please join the Albuquerque Short Term Rental (AirBNB,VRBO) Hosts Group on Facebook

 

https://www.facebook.com/events/389044371684112/?ti=icl

 

We will begin hosting regular meetings of ABQ Hosts & have found FB easier to connect through.

 

If you aren’t on FB, please text me at+15052275963 and I’ll get you the details.

Eric1144
Level 2
Albuquerque, NM

Hi all -

I don't know if this is on anyone else's radar, but Diane Gibson will be introducing her STR ordinance for referral to committee at the Aug. 17 City Council meeting.  I reviewed the ordinance and it's problematic for a lot of reasons, including: requirement that scaled plans of the rental be submitted; 4th amendment right be waived to allow inspections without showing of probable cause or any cause at all, 24/7/365 availability for responding to complaints about the STR, and compliance with "all applicable ordinances" without specifying which ordinances are applicable. 

 

As one might expect from an initiative coming from the commercial hospitality industry, this ordinance forces Airbnb hosts to become more like hotels.  Unfortunately, for a very small operation like mine, this ordinance, if passed as written, will likely mean my wife and I will no longer be able to continue as Airbnb hosts. 

 

I'd be interested in others' thoughts about this and whether Airbnb's government/regulatory affairs folks will be getting involved. 

 

Thanks,

Eric

Eduardo1246
Level 2
Roswell, NM

Eric1144, you are absolutely correct even though the regulation is allowing you to register and operate per say as a hotel.  The amount of work to register the one airbnb I have is so absurd and impossible to complete that I may just pull myself out of the game as well. The websites to register are confusing and only take you to additional websites which all need registering to and a completion of an application. I have literally register to a website to be able to complete an application on a different website without being able to complete that application because in order to complete that application you have to have submitted the same application I cannot complete for review to receive a number that I need for that application. Did your brain hurt yet, because it is not complicated it is just absurd and impossible.

 

Their response was to walk into the office to get my things straight well I live in Roswell I cannot simply get up and go. There next response was to call them, well I have and they keep hanging up on me after leaving me 20 minutes on hold. So their last attempt was to have me login to their website. My answer is where do you think I got your contact information from.

 

I would not be asking all this questions if the answers were in the website. The city was just not ready for any of this and it shows. I will not be able to get this done by June 30, 2021 as they expect and is not for lack of trying.