Chicago has proposed a ban on one-night stays

Michelle53
Level 10
Chicago, IL

Chicago has proposed a ban on one-night stays

Hi Chicago hosts

 

I just received this email from Airbnb yesterday. 

 

Hi Michelle,

We hope this message finds you well and in good health. We are writing to let you know that the City of Chicago is considering an ordinance that would ban one-night bookings on short-term rental platforms. We know that all visits from guests are important to you, and we are working alongside you to tell the City how damaging this ban would be.

Can you take a minute to tell the City Council and the Mayor how this bill may negatively impact your ability to earn extra income? It will only take a few clicks.
Email your elected officials
Thank you for your continued advocacy.

All the best,
The Airbnb Team
9 Replies 9
Michelle53
Level 10
Chicago, IL
Robin4
Level 10
Mount Barker, Australia

@Michelle53 

That link is not viable Michelle, all we get when we try to access is "403, you are not authorized to view this page" Can you try screen-shoting relevant sections of it and posting so we can see what hurdles you are being required to jump!

 

Cheers.......Rob

Michelle53
Level 10
Chicago, IL

@Robin4   Oops, sorry about that. Here's the full text of the link.   Bearing in mind it's a source that generally opposes regulation on businesses. 

 

"Chicago Mayor Lori Lightfoot is proposing a ban on booking single-night vacation rentals in the city to crack down on “party houses.”

The ordinance, which passed the City Council Licensing Committee on Aug. 25, would make her COVID-19 policy permanent. Since the beginning of the pandemic, Chicago has temporarily banned single-night rentals in an effort limit gatherings.

 

If Lightfoot gets her way, companies such as Airbnb and Vrbo will be subjected to much stricter rules. The services list independent property owners who rent their properties to guests for one night or more. Under the new rules, owners would no longer be able to give a person a one-night stay as they pass through the Windy City.

 

Lightfoot and many aldermen believe the ordinance will limit houses that are used strictly for parties. Ald. Michele Smith, 43rd Ward, said it gives the city the tools to regulate rental properties much like bars and restaurants that face noise and smell regulations.

 

However, Airbnb already regulates the activity on properties it lists and prohibits guests from throwing parties. Their community standards state “guests who hold such events will have their account removed, and hosts who violate this rule and allow guests to throw open-invite parties will be subject to account consequences.”

 

Further involvement from the city will do more harm to the city’s ability to attract tourism and restart its economy.

 

“The one-night ban is a blunt instrument that blocks legitimate reservations, such as business travel, to Chicago, hurting the eventual return of the tourism economy, tax revenue and income for responsible Airbnb hosts,” company spokesman Samuel Randall said in a statement.

 

While Chicago faces a massive revenue deficit from lost economic activity during the pandemic and record violence, Lightfoot seems to be more focused on regulating businesses and parties. The day before rioters ransacked the Magnificent Mile, Lightfoot personally visited Chicago’s lakefront to disperse a beach party.

 

Lightfoot’s priorities need to be focused on helping the city recover from the pandemic’s economic fallout and protecting the city from riots and looting. Pushing more regulation on vacation rental properties just gives tourists and business people another reason to skip a visit to Chicago."

Michelle53
Level 10
Chicago, IL

Here's a slightly different "angle". 

 

https://chicago.cbslocal.com/2020/08/25/aldermen-to-ban-single-night-home-sharing-rentals-in-effort-...

 

CHICAGO (CBS) — Homeowners and landlords would no longer have the option of renting out their houses or apartments through sites like Airbnb and HomeAway for only one night, and could face fines of up to $10,000 if they allow home-sharing guests to throw illegal parties, under a crackdown endorsed by the City Council License Committee on Tuesday.

 

Mayor Lori Lightfoot’s proposal to rewrite the city’s home-sharing ordinance would also require people applying to host short-term rentals to submit their applications directly to the city, rather than through intermediaries like Airbnb and HomeAway; and would give the city more leeway in revoking the permits of scofflaws.

 

The changes are the product of a working group the city convened earlier this year, following a subject matter hearing in March to discuss possible updates to the original 2016 ordinance regulating the short-term rental industry in Chicago.

 

One of the biggest complaints about the industry over the past few years has been about homeowners and landlords renting out their property for only one night for large house parties, rather than legitimate guests looking for a place to stay other than a hotel while visiting Chicago.

 

Business Affairs and Consumer Protection Commissioner Rosa Escareno told aldermen the ban on single-night listings on home-sharing platforms is an effort “to address the proliferation of party houses.”

 

Hosts who use their space to allow for “egregious conditions” such as drug trafficking, gang activity, prostitution, or parties would face fines of $5,000 to $10,000.

 

The city also would be allowed to revoke a host’s license after only one case of an illegal party. For other nuisance issues — such as lewd behavior, public intoxication, excessive noise, or gambling — licensing officials could bring in hosts for a hearing to suspend or revoke their license after two violations within 12 months, instead of three violations.

 

Ald. Michele Smith (43rd), who led the effort to rewrite the home-sharing ordinance, said the industry was billed as a way for homeowners to make a few extra bucks by renting out their property on a short-term basis when they’re away.

 

“But we all know that the majority of such units in the Chicago area are not principal residences, they’re owned by investors,” she said.

Smith said the side-effect has been an erosion of the city’s long-term housing stock, and rising rents in neighborhoods where short-term rentals are popular.

 

Airbnb policy adviser Rachel DeLevie-Orey said the company opposed the proposed ban on single-night rentals, claiming they’ve already taken steps to crack down on hosts using their platform to rent out party houses — by banning all parties globally, capping bookings at 16 guests, and threatening legal action against guests who violate rental terms.

 

“During this time of economic downturn, putting limitations on hosting would take money out of the pockets of Chicagoans who need it,” she said.

According to DeLevie-Orey, single-night bookings have generated $4.9 million in revenue for hosts, while only 0.05% of single-night bookings have resulted in a “safety incident.”

 

However, Smith said Airbnb’s efforts to curb party houses don’t go far enough.

 

“Airbnb’s statement to us that they were banning parties, and limiting them to 16 people, is a little bit too late, and it’s ineffective,” Smith said. “To meet Airbnb’s rules, you would have to have an eight bedroom house. There aren’t that many of them around here.”

 

The ordinance advanced by the License Committee on Tuesday would instead cap bookings at two people per sleeping room.

 

In addition, the changes include closing a loophole that allowed hosts to list their units while their applications are still pending. Now hosts would not be allowed to list a unit for short-term rental until their application receives final approval from the city.

 

The revised ordinance also requires hosts to file their applications directly with the city, rather than through home-sharing platforms like Airbnb and HomeAway, which currently submit hosts’ applications in batches every two weeks. Each individual host would be assigned a registration number allowing the city to track their application from start to finish.

 

“As a result, we will be able to verify the identity of hosts, and the specific locations of their shared housing units,” Escareno said.

 

The city also will create a tiered license fee for intermediaries like Airbnb and HomeAway. The city currently requires a flat $10,000 annual registration fee for such companies. The new ordinance would require a $5,000 annual registration fee for intermediaries with up to 499 units, a $7,500 fee for intermediaries with 500 to 999 units, and a $10,000 fee for intermediaries with 1,000 or more units. Annual per-unit license fees would more than double from $60 to $125.

 

Smith and Ald. Brendan Reilly (42nd), whose downtown ward includes a large number of home-sharing hosts, said they would have preferred the city also require that hosts only be allowed to offer short-term rentals at their primary residence, arguing that would reduce the likelihood of people allowing house parties or other problematic behavior on their property.

 

Reilly noted Los Angeles already bars home-sharing rentals at properties other than someone’s primary home.

 

“We don’t’ have quality of life issues and crazy party complaints when it’s an owner occupied unit. It simply doesn’t exist. It’s not a problem,” Reilly said “This ordinance does lots of excellent things, but could be simplified if down the road we were to adopt a requirement for owner occupancy.”

 

However, both Reilly and Smith said the ordinance advanced on Tuesday is a reasonable compromise for now.

The measure now goes to the full City Council for consideration at its next meeting on Sept. 9.

Michelle53
Level 10
Chicago, IL

Here are my thoughts on this. 

 

The one-night ban has been in place since May. I did a lot of one- and two-nighters prior to the pandemic - folks coming in for festivals or events. 

 

Now that I have a two-night minimum, I've been getting 4-day average bookings, but only one a week, since I have a long cleaning buffer in between. 

 

Overall, that means my revenue is way down over last year, since I only had a two-day cleaning time between bookings, and could do one in the week, as well as one on the weekend.  Sometimes three a week. 

 

But this has been, to put it mildly, a pretty unusual year. 

 

As for the future, I don't think I mind having the two-day minimum, if it encourages people to attend their event, and spend another day touring the city, or just relaxing.   Probably, folks will be booking both Friday and Saturday night, where, in the past, they might have just booked one, leaving me the rest of the weekend empty. 

 

I'd need a couple of quarters of "new normal" to really see if this would materially impact my revenue in any meaningful way. It does mean fewer turnovers, and less work doing cleaning and laundry. 

 

But, on the flip side, it might mean needing to provide more amenities. 

 

It will be interesting to see how this rolls out. I don't feel the need to start emailing my city council members on it.  

 

Since I'm always at home when I have guests, even if they went to owner-resident only, it would still work for me. The direct registration is a bit annoying, as well as having to wait for approval before accepting bookings. I hope that means new registrations only. It could also be the first step in implementing host registration fees, on top of Airbnb registration fees, since Chicago is desperately short of revenue at the moment. 

 

 

Ann72
Level 10
New York, NY

@Michelle53  That is such a tough call.  On the one hand Chicago has become synonymous with Airbnb party houses; on the other, Chicago hosts a lot of business travel and this ban would seriously impact that.

 

I've banned one-nighters at my own listings, but they're remote vacation rentals and one-night stays are just more annoying than anything else.

@Ann72    We also have the hotel industry pushing for more regulation on Airbnb. This would incentivise one-nighters to use hotels instead, for business travel.

 

@Michelle53  The hotel industry is also the reason New York is so hard on STRs.  I feel for you!

Michelle53
Level 10
Chicago, IL

Hi all

 

The Chicago ban on one-night stays is official as of today. I just received this email update from Airbnb:-

 

"On September 9, the Chicago City Council passed a new ordinance which impacts how home-sharing is regulated. Among other changes, the ordinance restricts short term rentals from accepting reservations of fewer than two nights. In light of this new directive, we will be blocking calendars for future one-night bookings beginning October 17, 2020 until further notice. You can still host stays of two nights or more."

 

In addition, Chicago hosts will now have to register directly with the City of Chicago, and pay an annual license fee of $125.00.    The notice below was emailed to me on October 14th. 

 

"CITY OF CHICAGO
DEPARTMENT OF BUSINESS AFFAIRS AND CONSUMER PROTECTION
 
 
NOTICE OF REFORMS TO SHARED HOUSING ORDINANCE
 
Please be advised that on September 9, 2020, the Chicago City Council passed Substitute Ordinance 2020-­3986, which enhances the City’s enforcement authority of, and modifies the licensing fees and operating regulations for shared housing and vacation rentals within the City of Chicago.
 
Pursuant to the Ordinance, the changes summarized below in Section I will go into effect “ten days after its passage and publication.” Publication of the Ordinance took place on October 7, 2020; therefore, these changes will become effective on October 17, 2020. All other changes, Sections II-IV, will take effect on April 1, 2021, allowing the City the time needed to make the technological changes necessary.
 
I.     Enhanced enforcement authority to deter party houses / problematic hosts (effective October 17, 2020)
 
  • Requires a minimum rental period of 2 consecutive days
  • This provision shall not apply to any reservation made prior to the effective date of this Ordinance
  • Strengthens the prohibition on excessive loud noise/vibrations generated from within the rental, in any private open space with a nexus to the rental, or on the adjacent public way
  • Provides for an enhanced penalty of $5,000 to $10,000 if the maximum occupancy limit is exceeded
  • Provides for an enhanced flat fine of $5,000 if, following a notice of a final determination of ineligibility for listing on a platform, a licensee or registrant rents or allows a family member to rent the unit or fails to remove the listing from the platform
  • Allows for license suspension/revocation if the rental is the situs of a single egregious condition (which includes violating the maximum occupancy limit)
  • Allows for license suspension/revocation if the rental is the situs of two or more separate incidents of illegal activity or objectionable conditions, in any combination, during a 12-month period
 
II.   Places control over the shared housing application process with the City of Chicago’s Department of Business Affairs and Consumer Protection (BACP) (effective April 1, 2020)
 
  • Requires shared housing hosts to register their unit directly with BACP
  • Imposes a $125 registration fee on shared housing hosts
  • Prohibits issuance of a shared housing registration if the applicant has outstanding debt for fines accrued in connection with violations of Chapter 4-14
 
III.  Prohibits providers/hosts from advertising, listing, renting, or booking for future rental all short-term rental units unless the proper license/registration is first obtained from BACP (effective April 1, 2020)
 
  • Providers/hosts will no longer be able to advertise, list, rent, or book for future rental any unit while BACP approval of the registration/license is pending
  • Additionally, intermediaries and advertising platforms will be prohibited from processing or completing any booking service transaction unless the short-term rental is licensed by or registered with BACP
 
IV. Introduces a tiered short term licensing program to bring smaller operators into compliance (effective April 1, 2020)
 
  • Establishes a graduated license fee for intermediaries (i.e. platforms that primarily list shared housing units) and for advertising platforms (i.e. platforms that primarily list hotels, vacation rentals and bed-and-breakfast establishments)
  • License fee: $5,000 to $10,000 based on the number of listings, plus intermediaries assessed existing $60 per unit fee
 
 
A full copy of the Ordinance can be found at

 

For folks who have already renewed their registrations through Airbnb for 2020,  I believe the new registration/licensing system takes effect as of April, 2021. 

 

For folks who have not renewed their registration this year, I'd suggest giving the Department of Business Affairs a call to find out what you should do.