Daily Regulatory Notes 9/26/2024

William McClure

— 2 min read

Hawaii

The Hawaii Supreme Court has affirmed the Land Use Commission’s ruling that short-term rentals are not allowed on land designated by the state for agricultural use. The Land Use Commission ruled in favor of Hawaii County’s ordinance prohibiting short-term rentals in agricultural zones in most instances.

Rosehill v. State of Hawaiʻi, Land Use Commission

The Rosehill Petitioners contended in part that farm dwellings can be used as short-term vacation rentals because state law doesn't mention how long farm dwellings need to be rented. Hawaii Supreme Court justices supported giving deference to the LUC, and said in their order that the narrow view of the statute put forth by the Rosehill Petitioners would allow the purpose of the law to be subverted.
Gov. Josh Green and Hawaii Attorney General Anne Lopez praised Tuesday's ruling. 'Using agricultural lands for genuine agricultural purposes and ensuring that housing is allocated for our residents are two of the most crucial issues facing our state today,' Green said in a statement. 'I commend that Hawai'i Supreme Court for making the right decision for the people of Hawai'i.' - Vacation rentals not OK in Hawaii’s agricultural land district - Honolulu Star-Advertiser

West Stockbridge, MA

West Stockbridge, MA is considering adjusting its zoning regulations to include permitting short-term rentals to operate legally in the town. The current proposal would 

  • Define short-term rental(s) as “The use of a residential unit, or portion of a residential unit, for residential occupancy by a person or persons for a period of not more than 31 consecutive days for a fee. A short-term rental may or may not be facilitated through a booking agent.”
  • Limit rentals to 40 days per year, with another 40 allowed by special use permit
  • Not allow events (meetings and weddings included) of any kind and rentals for less than 24 hours
  • Allow owner-occupied rentals and tenants to with long term leases to sublet with the permission of the owner
She also said she has received feedback questioning the proposed STR registration fee of $400, as well as the 40-day cap on rentals allowed and how, administratively, that accounting will take place. “If you just want to rent your house out in July and August, you want to maximize the use of the summertime and what the Berkshires offers to be able to market your home,” Keresey said. “Right there, that’s 62 days.” Beattie responded that most STRs will make back the $400 upfront registration fee in two nights of rentals. West Stockbridge leads roundtable discussion to decipher local impact of new state Affordable Homes Act, including accessory dwelling units, short-term rentals - The Berkshire Edge

Clayton, NY

Clayton, NY’s short-term rental committee will have its first meeting in late October. The town formed a committee earlier this summer to consider regulations for short-term and vacation rentals. 

Doney believes it will take a while after he noticed it took Lake Placid around 10 years to put some regulations in place.

“It’s going to be a work in progress,” he said. “It’s not going to happen overnight, we know that. We’ve got good people involved and we are just getting their views and go from there.” - Clayton town officials examine short-term rental regs - 7 News WWNY

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