San Antonio Texas Legislation

Lyn13
Level 3
San Antonio, TX

San Antonio Texas Legislation

LEGISLATION, HOA'S, HISTORICAL AREAS, OH, MY!!!

There is a lot of talk about Airbnb's in Texas. My property is in San Antonio and I have heard that San Antonio is going to make it a lot harder on Airbnb's to operate. Things such as limited number of permits to operate, and to get a permit you have to have property inspected and up to their code of standards, with fire estinguishers, escape route posted, Home owners associations, historical districts, etc. This scares me to death. 

I know that Austin, our neighboring big city, was hit with some regulations also.  Nothing has been inforced since the last county/city meeting, but they will be discussing again this next year. 

Has anyone hear anything, give pointers, or experinces with legislation and restrictions??

Lyn
39 Replies 39
Letti0
Level 10
Atascosa, TX

@Lyn13  Their not going to be able to do it. The Attorney General of Texas is fighting Austin's rules and San Antonio would get knocked down also. Here the highlights from one article. I believe the case mentioned down below against Austin was schedule for the courts the end of Spetember and is still on going and the Attorney General is helping with it. 

 

Texas Supreme Court sides with short-term renters, likely bolstering state’s fight against Austin’s ordinance

 

Friday's ruling doesn't directly address regulations implemented by some Texas cities restricting homeowners' use of services like Airbnb. But it bolsters the case against the City of Austin's short-term rental ordinance in several major ways, lawyers said.

 

The Texas Supreme Court has sided with short-term renters, delivering a win to Texas homeowners who hope to take advantage of websites like Airbnb and HomeAway, and likely bolstering a separate, ongoing case against the City of Austin’s short-term rental ordinance.

 

 

Separate from deed restrictions, there are also local ordinances on short-term rentals in place in more than a dozen Texas cities. While Friday’s ruling doesn’t directly concern those restrictions, the strong attention it gives to property rights and the court's unanimous support for it may well bolster the case of a group of short-term renters and guests who have sued the city of Austin, alleging that its short-term rental ordinance, one of the state’s oldest and strictest, unconstitutionally infringes on their rights.

 

In that high-profile case — which has drawn the support of Texas Attorney General Ken Paxton — a small group of plaintiffs, represented by the Texas Public Policy Foundation, argue that by restricting short-term rentals, the City of Austin prevents homeowners from using their property as they see fit, and treats short-term renters differently than it treats long-term renters.

 

Rob Henneke, a TPPF lawyer representing those plaintiffs, said Friday that “the Texas Supreme Court got it right.”

 

“This is a decision affirming private property rights,” he said, noting that the reasoning in the case supports his argument against Austin’s ordinance in several major ways.  

Lyn13
Level 3
San Antonio, TX

@Letti0 That is great information. Does Austin require a permit or anything else to operate?

Lyn

just take a look at any search within Austin and you will likely see that a huge percentage of Austin listings are unregistered (illegal) & ABB does absolutely nothing to help the legal listings (like requiring or making a place to enter the permit #) thus propogating and encouraging the illegal listings.

 

I'm also 4 houses outside the city limits, with no HOA. With the current climate, it's the only viable way.

Letti0
Level 10
Atascosa, TX

@Lyn13  Here you go read them and weep for the STR owners in Austin. They need a license to start out with and a whole list of other things. I am right outside of the 1604 loop in Bexar County and am not effected by the San Antonio rules and their high hotel taxes. I was very careful when I purchased in  January of 2016. No HOA's and just outside of city limits to avoid issues. I have been following all this for a while now. If a HOA's anywhere in Texas now tell you no STR you just tell them about the Supreme Courts ruling and they can go screw themselves, but the cities are the fight that's still on going. Hopefully it will resolve sooner rather than later. If they slap down Austin, no other cities can do it either.

 

http://www.austintexas.gov/department/short-term-rental-registration-program

 

http://www.austintexas.gov/sites/default/files/files/Code_Compliance/STRs/Revised_Ordinance.pdf

 

Lyn13
Level 3
San Antonio, TX

I just moved outside of the city limits last year also, but still have rentals in San Antonio. One in Monte Vista, and on over by Woodlawn lake. I know the big hotels have a lot more money than home owners do and they don't want to share any profits so will do anything to take us down. 

I have thought of doing an event venue out at our new place in Bulverde, just outside the city limits so on the close side of SAT. 

Lyn
Letti0
Level 10
Atascosa, TX

@Lyn13  No, No, please don't do an event venue I don't need more competition lol... Actually just kidding there is a lot of money to be made off of event venues, but the inital marketing is a killer price wise until bookings start coming in. Also the requirements for commercial occupany can take up to a year with all the inspections and building departments you need to pass through. Expect the Floodplain Department to take the longest in Bexar County and be the hardest to get approval from there is only one person that can approve all the requests they receive. It's ridiculous. 

JB6
Level 4
Johnson City, TX

We've been plagued by HOAs, POAs and restrictions for years (The Woodlands, Austin).  When we bought our property near Johnson City, the only restrictions we had to agree to were no commercial pig or chicken farms.  We are also outside of the taxing jurisdiction of JC, which would have added 8% to our costs.  AirBnB has done a great job collecting taxes for Texas hosts, remitting over $15 million the first year.  That will give us some pull over further regulations, I hope.

Cheryl334
Level 2
San Antonio, TX

San Antonio has just this week passed legislation to regulate the number and type of short-term rentals.  https://therivardreport.com/san-antonio-city-council-passes-ordinance-regulating-short-term-rentals/...

 

I'm waiting to see what the fallout will be. I just opened a new Airbnb in Universal City, TX and I expect they may follow San Antonio.

@Cheryl334  HomeAway sent out notices about the legislation both AirBnB and HomeAway/VRBO  were pretty much in agreement with the trail ordinance they finalized. It's not as bad as what they orginally wanted. This is going to really hurt a lot of STR's if their numbers are right that will not be grandfathered in because they have not been paying San Antonio 9% and Bexar County 1.75% hotel taxes which combined come to 10.75%. They are going back 4 years and no forgiveness on the taxes or penalties will be given. Their guestimate is 15% roughly actually pay the tax, so anyone who's not been paying needs to shut down their STR immediately before they start enforcing next month. They also need to hope they were not in the large group discovered by the task force over the last year. 85% not paying would account for why my competition is priced so low. Also anyone doing weddings or events at their STR will have to stop that immediately also as they are not allowed now. 

 

This will not effect me even if it flows into Bexar County as I am a business and my by-laws classify me as a resort and special event venue. Even low balling the price at $25,000 a year for a type 2 entire house, condo or apartment, that's $2,687.50 annually of unpaid taxes that have a penalty fee monthly of 5% and a 10% interest fee monthly. That 48 months worth of taxes, penalties and interest on a growing monthly basis the amount could be enough to bankrupt some owners. 

Actually the don't have to ,that's one of the main things in the supreme court's ruling, as of now all regulations and other BS is violating your property rights and your constitutional rights and you don't need a permit, and there is a very easy way to get around all of it 

Letti0
Level 10
Atascosa, TX

@Cheryl334  I am begining to believe it may be 85% not paying the tax. So far today 18 of the 46 in my competition listings that I keep a close eye on have put something like this in there house rules:

 

** EFFECTIVE 11/1/18 ** ANY RESERVATION BOOKED ON OR AFTER 11/1/18: -AN ADDITIONAL 10.75% OF THE TOTAL DAILY RATE WILL BE COLLECTED AS A SEPARATE CHARGE TO COVER CITY AND COUNTY HOTEL OCCUPANCY TAXES. THIS TAX IS A SEPARATE TAX THAN THE STATE HOTEL OCCUPANCY TAX COLLECTED FROM AIRBNB AT THE TIME OF BOOKING, WHICH SHOWS UP IN YOUR TOTAL. ** THE CITY/COUNTY TAX IS NOT INCLUDED IN THE PRICE BREAKDOWN PROVIDED WHEN YOU BOOK ** YOU WILL BE NOTIFIED OF THE ADDITIONAL FEE AND A SEPARATE REQUEST FOR MONEY WILL BE SENT TO AIRBNB SO THEY CAN COLLECT THE TAX. AS A GUEST, YOU AGREE TO PAY THE ADDITIONAL FEE.

And how are they collecting it? Just making the daily rate higher?

 

I found the Hotel taxes and San Antonio registration forms online, you have to mail it including a check with the hotel taxes and the registration fee

 

Is the city of San Antonio grandfathering the ones that get registered?

Alex634
Level 2
Austin, TX

And how are they collecting it? Just making the daily rate higher?

 

I found the Hotel taxes and San Antonio registration forms online, you have to mail it including a check with the hotel taxes and the registration fee

 

Is the city of San Antonio grandfathering the ones that get registered?

 

 

Lyn13
Level 3
San Antonio, TX

Do you have the link for the registration? What if you have been STR for a couple of years? Are they going to crush you when you register? I’m scared of what they may slam me with and am considering selling my property. It really is upsetting because I love hosting. 

Lyn