US Cities Banning Short Term Rentals

[Linda108]

It seems that more and more US cities are passing ordinances that either ban or severely restrict short term rentals (STR).  Many of these municiple responses seem to be in reaction to resident concerns that STR have or will have a negative impact on the quality of life of the permanent residents.

My city, La Quinta, which is located near Palm Springs, CA, has taken a pro-active approach to balancing residential experience, home owner's right to use the property and City tax income.  Currently there is a sense of partnership with all involved.  I am happy to share what my City is doing if anyonw is interested.

I have seen so many posts in which hosts are confused about what is happening in their city and don't know where to get clarification. Air BNB has taken the position of support for hosts through the Home Sharing Clubs, but is not directly involved in the legislative process.  If you are not aware of a Home Sharing Club in your area, go to the site here on the Community Center.  I started a Club in La Quinta, partly because of what I saw happening in Palm Springs, is voting on a restrictive measure in the June election.

I hope host will realize that any business must deal with regulations that impact the viability of their interests.  I think too many hosts think of this hosting business as a hobby and are naive about the business side.  I certainly started out that way myself.

While I am posing this issue as happening in the US, I would think the possibility exists in many countries.  I wonder what other hosts are observing about the backlash against short term rentals as the concept gain popularity.

[Robin4]

@Linda108 Oh, if only there were more like you Linda! 

We have to take our cause to the community and let them know how everyone benefits from short term rentals. The most common complaint we get is from neighbours who say, "we don't want all the 'strangers' that Airbnb brings into our neighbourhood!"

Strangers! 

I did a little straw poll amongst my 115 guests over the past 12 months asking them how much money they roughly would have spent during their stay at my Airbnb, and an average of their responses taking into account meals, car hire, fuel, supermarket, general shopping and entertainment.... was, would you believe, the average over all my guests was $285! That is $32,800 visitors who came to my Airbnb listing alone (which is one of more than 100 in the area) put into this community. Multiply that by 100 and that is $3,277,500 that Airbnb guests brought into this community in the last 12 months.

I put this in a letter to the local newspaper and it did get a lot of positive reaction. I get on well with my local council and I keep them involved with many aspects of the way Airbnb runs.

People who come here through Airbnb are not just strangers who rock up in a car...they are registered verified people who are here for a bona fide reason. They are substantially more trustworthy, respectful  and respectable than many of those others who just cruise through who the neighbourhood seems to think are OK!

We have to show the community that we help everyone by what we do. If the 41,373 hosts in New York could get together and show the populous how much money Airbnb brings into that city if they are spending the same as what they do in my listing, that would amount to $1,179,130,500...that's right 1.17 billion dollars in 12 months. If Airbnb could demonstate to governments how much good we do by what we bring to the table, many of these restrictions would disappear in a puff of smoke.

Good on you Linda, you are on the right track....just wish there were more of you!

Cheers.....Rob

[Michelle92]

My city has imposed a $500 licensing fee for all transient rentals, which includes a "safety" inspection by code enforcement. During the commission meeting, I listened to the representative from this company throw us under the bus as he said they would work with the city. The city contracted with a data mining company to find all of the unlicensed vacation rentals, and Airbnb is handing over all of our information. I am so disappointed they did not do more to protect us from revenue seeking cities when we are bringing people into the area who will contribute to the local economy.

This will be my last year on Airbnb.

[Veronica161]

@Linda108 the day you wrote this post the City Council of New Orleans Louisiana passed a motion to TEMPORARY BAN for 9 MO the issuing of new licenses or renewing of exisitng. 

Everything you say makes perfect sense to you and I who treat this as a business.  Unfortjuaetly regardless of the point(s) you make the City is 100% dead opposed to listen. There is no due process and it's not really a hearing you just show up they read your violations and assign you the $ you must pay and by when. It is a big joke. And Airbnb said they are not doing anything to fight the ban and cannot help me and referred me to this forum. 

I was hit with a VIOLATION Hearing for Wed Aug 15, 2018 at 9:30AM over this past weekend. The City can't move fast enough when you need something but they can sure fast track an STR Hearing appt. 

I've had multiple email conversations with various parties offering their insight (Alliance Neighborhood Propsperity) and some on the phone includig the City. 

They are demanding I cancel ALL reservations made prior to the ban MAY 24 b/c I no longer have a license. My argument is that when I made all those reservations I did have a license. I did not do anything illegal when I booked past reservations and allowing hosts to honor past reservations is the only just thing to do. That I get NOT allowing NEW reservations but all bookings made prior to the ban should be allowed.

Further, that I have been operating as such (hosting past reservations b/c the day of the ban the Councli lady who spearheaded the ban Kristen Palmer was quoted saying 

"hosts can honor bookings for dates after their permit expires if they can show the reservation was made before the motion passed"  

LINK: https://thelensnola.org/2018/05/24/council-freezes-most-common-type-of-short-term-rental-licenses-in...

So that NOW I should be able to show the reservation was made before the motion passed and I'm good to go BUT no I was practically yelled and berated over the phone by 02 different City agents in the STR dept. 

Oh and I have an email from the Inspector advising me to CHANGE MY LISTING TO A 30+ DAY LONG TERM RENTAL if i don't want to de-list which I did and still I am being harrassed

The VIOLATION cites 08 violatons 01 of 08 fixed over the phone with agent but 07 of 08 are all the same only disguised by differnt language SO they can fine me per violation. Which by the way is up to $500 per so 8 x $500 = $4,000.00 

I wrote Airbnb Support for SuperHosts and they are NOT doing anything and referred me to the Forum

Best,

Veronica
*[Personal information hidden for safety reasons – to send a direct message here in the Community Center, hover over the post profile photo and click 'Send message']

P.S. I only have 01 whle home rental owned by our family who pooled our money together to buy 

[Letti0]

@Veronica161  Guess I'm in the right state. This was from April of 2018. The court date is coming up soon. There is also a bill that just passed the senate and is now in the house that would cancel Austins infringements on property owners rights. I have been following these very closely. The Supreme court ruled in May 2018 that a HOA's can't stop a property owner from short term rentals in the state of Texas.

State challenges Austin’s short-term rental laws

Texas AG takes aim in appeals court

The road to Austin’s regulations on short-term rentals was a rough one, but the city eventually settled on the rules (with, granted, some later revisions). Now Texas Attorney General Ken Paxton wants to reopen the matter.

According to a Friday press release from his office, he has asked the Court of Appeals for the Third Judicial District in Austin to “reverse a trial court’s judgment and rule that the city of Austin’s stringent ordinance against short-term rentals exceeds the lawful scope of the city’s authority and infringes upon property owners’ fundamental constitutional rights.”

more at link:

https://austin.curbed.com/2018/4/2/17189530/austin-short-term-rental-laws-suit

[Veronica161]

@Letti0 thanks for sharing this article. you are blessed. but I'm sure this has been a battle. last year in Dec 2016 when Airbnb and New Oleans reached the 1st ever union of licensing for 90 days a year etc (began April 2017 for 1 year) Airbnb started collecting the occupancy taxes with each booking, mandated a License # or be de-listed and in 1 year alone the City was paid $6M+ in occupancy taxesby Airbnb

So it's backwards that while the City tries to figure out (durig this 9 month ban) how to make everyone else play ball or Airbnb to report the 90 days that the City would shut off the tap on $6M+ 

in an Air DNA blog March 2016: Galveston was in top 04 on the most friendly Airbnb cities now Austin will be joining

http://blog.airdna.co/is-airbnb-legal-in-your-city/

Just four cities have enacted a legal framework that is favorable to short-term rental owners. Galveston and Savannah both score 97 points. These cities enforce minimal restrictions on Airbnb operators. Just below the top scorers are Louisville with 93 points and San Diego with 92 points. 

[Veronica161]

@Letti0 thanks for sharing this article. you are blessed. but I'm sure this has been a battle. last year in Dec 2016 when Airbnb and New Oleans reached the 1st ever union of licensing for 90 days a year etc (began April 2017 for 1 year) Airbnb started collecting the occupancy taxes with each booking, mandated a License # or be de-listed and in 1 year alone the City was paid $6M+ in occupancy taxesby Airbnb

So it's backwards that while the City tries to figure out (durig this 9 month ban) how to make everyone else play ball or Airbnb to report the 90 days that the City would shut off the tap on $6M+ 

in an Air DNA blog March 2016:

Galveston was in top 04 on the most friendly Airbnb cities now Austin will be joining

http://blog.airdna.co/is-airbnb-legal-in-your-city

Just four cities have enacted a legal framework that is favorable to short-term rental owners. Galveston and Savannah both score 97 points. These cities enforce minimal restrictions on Airbnb operators. Just below the top scorers are Louisville with 93 points and San Diego with 92 points. 

[Ashlie7]

strangers... because these days you know your neighjbors right? one of my neighbors is a convicted sex offender... but I cant airbnb?.... do you even know your neighbor 4 doors douwn... sheesh. I dont even think I do. strangers...

its jealous renters and a hungry tax departments.