Local government Criminal penalties for short-term hosts

[Amber210]

I know I'm not the only host to face this, but we have been operating in a rural county for roughly two years without problem. We have a state and city license and when we signed up on airbnb there were no local laws or regulations applying to 1 to 2 unit rentals like ours. Apparently, our local county government (Okanogan county, Washington) passed a nine-page resolution imposing extensive regulations on short-term property owners which authorizes them to send property owners to jail for up to 90 days, plus fines for EACH violation. The rules include crazy regulations like the number of inches between the bed and the wall for quick exit. Plus the annual inspection and permit fee is $355. I'm concerned that these kinds of heavy-handed regulations are discouraging part-time renters to participate in the market. Does Airbnb get involved in any of these kinds of disputes? Is there at least a standard letter they can send to the local government body representing their interests to give us hosts some extra clout? These local bodies are all but making it impossible for small homeowners to want to participate. I believe ours is the first county in the state of Washington to impose these kinds of regulations. It's only a matter of time before the rest of them follow.

[Barry-and-Lera0]

@Amber210: What time frame do they want you to do? 7 night minimums, 30 day minimums? Every municipality gets a bug up their butt if they feel like they are losing tax revenue. Airbnb for the most part will not do anything especially if its a small market.

[Amber210]

Anything less than 30 days. We already pay state and city short-term lodging taxes, now the county wants in on it too with their annual fee revenue, and they've granted themselves the authority to throw hosts in jail for up to 90 days for each violation. Here is their nine-page resolution. https://www.okanogancounty.org/ochd/docs/2018OTA%20Regulation%20relolution-01%202-13-18.pdf  It's too bad Airbnb doesn't have a legal team that's willing to jump in and at least send a letter. I imagine lots of short-term landlords are being kicked out of the market due to crap like this. Maybe I will contact the Institute for Justice and see if it's the kind of case they would take. It's really disappointing and frustrating.

[Kathy33]

Amber on your area you need to get involved in county government. The hotels are trying to keep STR out. Your area has a small amount of hotels and you are cutting into there business. We go to Pateros a couple times a year so I know where you are. Here in Seattle our new rules started on the 1st. Good luck and hope to see you next time we are in your area. Your place looks great!! Happy Hosting 

[Amber210]

Thanks Kathy! I'm hopefully on the agenda for the February meeting, although someone from the county called me today and told me they put me on next Tuesday's agenda. Thanks for the notice--again! Doesn't give me time to contact other airbnb hosts to invite them to participate. In my opinion this whole process was done very quietly with very little input from the community. At least in Seattle they spent two years developing the regulations! Okanogan practically passed these things overnight. Also, The Seattle regulations don't require an annual inspection, just an affidavit, as I understand. I see it as an unnecessary and gross invasion of privacy that the county would need to send an inspector into private homes. And the fee of $355 annually is almost four times as much as Seattle's annual $75 fee. Either way, it's a helpless place to be in as a host. Thanks for your input. Come stay with me if you're ever visiting Pateros!

[Mark116]

@Kathy33   And presumably the penalty for failling to follow the rules in Seattle isn't jail time, but maybe it  is.  I'm curious what are the 'public health' requirements?  FYI that link doesn't work for me.  Lastly, yes,  it's too bad that airbnb's community and government relations teams don't provide any 1) notice or 2) assistance in fighting this type of action.

[Amber210]

Oh boy Mark, you asked for it! They cover everything from water source to sewage, to garbage to cleanliness, to fire safety, to chemical spills, to bedding requirements, to heating requirements, to the max temperature of the water heater, to sink/soap/toilet and other bathroom regulations, to max. occupancy, to clear path of egress, to light fixtures, to appliances, etc. It is nine full pages of nutty  regulatory requirements with each violation constituting a SEPARATE violation punishable by up to 90 days in jail and a fine. I actually wonder if this is even enforceable. I'm going to attempt to identify hosts in okanogan county and invite them to participate in the next public meeting, or to send a letter if they cannot attend. I'm also going to call our local papers and ask them to do a story about it. Like I said, I think we are the first county in Washington breaking ground with these kind of regulations. I don't see how they can justify this level of invasion among private homeowners in a voluntary transaction, in a market that is self-regulating through reviews and fines etc. within the platforms. It's really discouraging. I hope these ideas don't spread to other local governments.

[Mahnaz3]

Hotels are behind it, they have money and they can lobby!

[Helen427]

@Mark116@Kathy33@Barry-and-Lera0@Amber210@Mahnaz3

It's world wide issue. - have a scan on CC using similar terms to see what is happening on the international arena  - it's bureacracy gone insane.

One has to question if local Council's / County's are in breach of basic Human Rights, International and nationwide laws.

You will find they have probably all relied on the same flawed research world wide by an academic or 3 who has no understanding or accountability for there flawed unscientific research papers - It's them who need to be held to account line up your duck eggs and aim fire.

All the best