December 22, 2024 19:05 PM

Vacation Rentals: Is Yours Legal?

Short-term vacation rentals have been booming across the U.S., from Manhattan to Maui. Along with them, though, comes complaints from residents who bemoan the negative impact of transient neighbors, noting that inconsistent local laws place them at a competitive disadvantage, USA Today reported.

Now, a group of major players in the short-term (less than 30 consecutive days) rental market, including Airbnb, FlipKey, HomeAway and TripAdvisor - have come together to influence cities' attempts to set regulations for, or altogether ban, these rentals. Their new website, the Short Term Rental Advocacy Center, points out current legislation in 10 U.S. jurisdictions, and specifically targets policy makers and owners, spokesman Tim Doyle told USA Today.

New York City - where hotel rates are among the highest in the country - has among the most controversial legislation on this matter, USA Today reported. Its law, enacted in 2011, prohibits most rentals of less than 30 days unless the owner or tenant is present or money does not change hands. As reported in Forbes, the city did 828 inspections and issued 2,239 violations for short-term rentals in 2012. And this year, fines for repeat offenders increase to a maximum of $25,000.

The advocacy group's website says, "illegal, short-term rentals are still available in America's largest city despite the constant threat of fines. Reforming the law with sensible regulations that allow registration and rentals could bring upwards of $155 million to the state in income tax, occupancy taxes and tourist spending."

"We support compliance with existing laws, whether that be collection of local taxes, registration requirements or other provisions," it continues. "However, we believe any regulations on short-term rentals should be easy to locate, understand and comply with, and existing regulations tend to provide ample tools for addressing the actions of a few bad apples."

Jay Karen of the Professional Association of Innkeepers told USA Today that regulations on small inns and bed-and-breakfasts in competition with vacation rentals should be doled out in moderation.

"We don't want to see any more Draconian laws like the one in New York, which renders nearly all short-term rentals and B&Bs illegal," Karen said to USA Today. "We want to see local authorities find ways to properly and fairly regulate the market, (but) we are concerned about the safety and well-being of travelers staying in homes of people who are not in the primary business of providing lodging."

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