Wednesday, January 8, 2020

Bill would clarify towns' authority over short-term rentals

Rutland Herald

Wednesday, January 8, 2020

MONTPELIER — A bill has been introduced in the Legislature that would give towns the clear authority to regulate short-term rentals, something several have been trying to do as the popularity of web services like Airbnb and Vacation Rentals By Owner grows.
H.567, “(A)n act relating to the regulation of short-term rentals by municipalities,” was introduced Tuesday by Rep. Jim Harrison, R-Chittenden.
“There’s some confusion as to what authority towns have in this arena,” Harrison said, adding that many towns have already taken steps to regulate short-term rentals by way of ordinance or zoning bylaws. “What my bill does is it makes it clear if a town wants to regulate short-term rentals, they would have the means to do that.”
The bill itself doesn’t regulate short-term rentals, nor does it require towns to regulate them.
The bill defines short-term rentals as “a furnished house, condominium, or other dwelling room or self-contained dwelling unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.”
Harrison said that last year the Legislature passed a bill making sure these properties were taxed appropriately.
The bill Harrison has proposed is a short one, only about two pages, and has yet to be taken in by a committee. That said, he feels its odds of passing are good, given that it enumerates existing authorities and doesn’t create or grant new ones.
Still, that enumeration will be welcome in Killington, according to the town’s interim zoning administrator, Preston Bristow.
“Right now, our lawyers are telling us the only way you can regulate these is by amending your zoning bylaws,” Bristow said Tuesday.
He said the Killington Planning Commission plans to meet on at 7:30 p.m. today at the Town Office for a second hearing on draft changes to the zoning bylaws that would create a registration program for short-term rentals in town. An initial hearing on the bylaw changes was held in November, he said, and the draft at the upcoming meeting contains revisions that were suggested.
Bristow said Killington would welcome the passing of Harrison’s bill, as he believes it would give the town clear authority to regulate short-term rentals via ordinance instead of zoning bylaws.
“We think it would be best to do it as an ordinance,” Bristow said, adding that ordinances are faster and easier to enforce than zoning bylaws. The latter are often complaint-based and require a great deal of back and forth between the parties involved.
Bristow said Killington is moving ahead with the bylaw changes since it’s not assuming Harrison’s bill will pass.
Charlie Hancock, chairman of the Montgomery Select Board, said Tuesday his board recently tabled indefinitely discussions about regulating short-term rental properties after questions about whether or not it has the authority to do so.
Hancock said that from the board’s perspective, it wasn’t clear what sort of nuisance the town would be regulating. It’s comfortable regulating things like parking, dogs and noise levels, but short-term rentals are something new.
“In this case, there’s a little bit of a gray area,” he said.
The Montgomery Select Board began discussing regulating short-term rentals when it learned that the number of them available in town had increased dramatically during the course of a few years. There haven’t been any big problems with them, Hancock said, beyond some parking issues, but if they keep growing that might change.
A concern for the town, Hancock said, was the possibility of homes being bought up specifically for use as short-term rentals.
Karen Horn, director of public policy at the Vermont League of Cities and Towns said many of her organization’s members have asked about how to manage short-term rentals. Towns have had problems with properties hosting far more people than they’re permitted for, noise and other issues.
Between Memorial Day and Labor Day, Airbnb owners made a total of $20.4 million from 139,400 guests, according to data from Airbnb. Burlington, Rutland, Stowe, Montpelier, and Lyndon were the most popular Airbnb towns.
The company wouldn’t mind clearer regulations on short-term rentals.
“Airbnb supports common-sense regulation of home sharing, and that’s why we have worked with municipalities nationwide — including several across Vermont — to craft policy that fits both the needs of local government as well as those of our community,” said Josh Meltzer, head of Northeast policy for Airbnb, in an email. “While we are still reviewing this legislation, we are especially proud to have had a positive working relationship with the State of Vermont during the past several years, collaborating on everything from tax collection to safety, and we welcome the opportunity to continue that work with any city or town here in the Green Mountain State.”
keith.whitcomb @rutlandherald.com

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