Daily Regulatory Notes 9/23/2024

New Orleans City Council tables controversial short-term rental exceptions. The New Orleans City Council’s decision to allow exceptions to the normal application process has led to council and planning commission staff reviewing every application and often coming to conflicting recommendations. The council recently approved a 1 year moratorium on granting exceptions to allow for a review of the process. The never ending saga of regulation changes for short-term rentals in New Orleans marches on.

Members of RHOAR rallied outside of City Hall to encourage amendments to Local Law 18. 

“New York City’s small homeowners are families who have fought hard to buy and keep up homes and create generational wealth for themselves and their families,” said Gia Sharp, a homeowner in Sunset Park. “Before you say, ‘Why are you buying a home that you can’t afford?,’ homeownership shouldn't be reserved only for the wealthy – it should be attainable and sustainable for people like us, too.”  - Brooklyn Homeowners Rally to Repeal Short Term Rental Law - BK Reader

Florida State Senator Nick DiCeglie is not planning to reintroduce legislation giving the state more regulation power over short-term rentals. When asked about sponsoring the bill in the next session he responded “No”. If the legislation is picked up again next year it looks like another Senator will have to sponsor it and move it forward.

Hanover County, VA is in the beginning steps of adding short-term rental regulations. During Thursday night’s meeting committe meeting the commission agreed that primary residence rentals would be allowed by right, but investor owned properties would need to meet additional standards and permitting requirements. The Planning Commission is scheduled to meet again on November 21st to discuss these regulations.

Yachats, OR council has voted to increase water and sewer rates for commercial properties, including licensed vacation rentals. It is expected to bring in $42,400 in additional payments annually.

“My sense of (this) is that it’s correct and right,” Berdie said. “I understand the burden it will place on some people that do not rent their units regularly and that don’t rent their units possibly in the winter. But …when you decide to become a vacation rental holder you are becoming a commercial business and it’s the additional cost of doing business.”

Logan, Utah is considering changes to ADUs and short-term rentals. The council discussion latest for more than two hours. While no decisions were made, it is expected the council will pick the topics back up at its meeting October 1st at 5:30 pm.

When it comes to short-term rentals - such as vacation homes or rental properties with tenants on month-to-month leases - the proposed ordinance would lift the city's current prohibition in single-family residential zones. It would also increase the required distance between short-term rentals in multi-family zones from 500 feet to 1,000 feet and lower the allowable number from three per 1,000 homes to one per 1,000 homes. - Logan City considers allowing more short-term rentals and ADUs

The Dallas Morning News has published an editorial encouraging the city to go after problematic short-term rentals.

Falmouth, MA is considering a new bylaw that would impact short-term rentals if it were ultimately sent to the Town Meeting and approved.

Committee members said around 1,500 short-term rentals are registered with the state each year while the health agent, Scott McGann, only receives a few hundred permits a year. A third-party contractor might be able to help the town scrub through websites where short-term rentals are advertised to get a more accurate assessment of how many there are in town. - Falmouth Bylaw Would Tighten Oversight On Short-Term Rental - Cape News

A lawsuit has been file by the Wisconsin Institute for Law and Liberty over Sister Bay’s 4 bedroom limit for short-term rentals.

“They (the rental owners) don’t actually seek to exceed the 12 person limit,” said Luke Berg, deputy counsel for WILL and the attorney in the case. “They just want to let the people who are there use whatever part of the house they want, and it’s hard to see why the village or anyone would have any interest in where people sleep at night.” - Conservative law firm sues Door County village over short-term rental regulations - WPR

Kingston, NY will open for 5 applications on September 26. The portal will be open throughout the day and then closed again immediately after. The portal can be accessed at https://cityofkingston.munirevs.com/.