2023 Mackinac Center for Public Policy, Michigan Supreme Court, Lawmakers Have the Chance to Straighten Out Short-Term Rental Issues. East Lansing has 21 overlay districts, each with different rules when it comes to rental properties including short-term and vacation rentals. Theres just all kinds of headaches that this creates, depending on how your municipality has tried to handle residential rentals, he said. Who gains from commercial interests getting full access to our residential homes for revenue generating short-term rentals? For Councilor Haeussler, the prospect of the state of Michigan imposing a one-size-fits-all regulatory framework on municipalities is discouraging. Publications Representative Markkanen's office declined the Gazette's request for comment. Thats just my philosophy,, The people making decisions should be the people who live in your community., Secondarily, I am concerned about what [the bill] is going to do to neighborhoods in Hancock,, Theres a big question about how much of our ordinance is not going to be enforceable if this house bill becomes law,, Are we going to be able to hold landlords, whether its short-term or long-term, to some kind of baseline building maintenance code?, Why is the House of Representatives claiming that if youre renting something, a dwelling, that thats not a commercial use of property?, If youre selling me something and Im buying it from you, you cant tell me that were not participating in a commercial act., Theres just all kinds of headaches that this creates, depending on how your municipality has tried to handle residential rentals,, Let the people in the community make the decisions for the community.. Senate Bill 77 | 135th General Assembly | Ohio Legislature Each side says the other wants governmental overreach. Michigans hotel industry remains in a weakened state from a pandemic that is still presenting very real challenges to its survival 18 months later, he said. Updated: 8:50 AM MST March 8, 2021. SB 446, if passed by the House and Senate and signed into law, would specifically grant local governments regulatory authority to enforce rules for noise, advertising, preventing nuisances, inspections, and dwelling capacity limits. WHEREAS, if enacted into law, House bill 4722 and Senate bill 446 would require that short-term rentals be permitted uses in all residential zones, and would deprive local residents of the right to determine for their own communities and %PDF-1.7 A municipality could still limit the quantity of short-term rental units owned by an individual or restrict the total number of short-term rentals as a percentage of all residences. Municipalities dismayed, property owners pleased as short-term rental Holland Township does not allow short-term rentals through services like VRBO, Airbnb and Homestay. We deal with our own unique rental challenges," Stephens said. Short-term rentals are a tradition for some, but they've grown with the emergence of Airbnb and VRBO. She wrote a letter arguing against both bills, saying eliminating zoning protections opens the door for mini hotels and would undermine the safety and culture of neighborhoods. endobj '&textSelector=' + encodeURIComponent(btoa('.page-article')); Although the bills main focus is short term rentals, its language is not limited to short-term rentals alone. 137 0 obj <>/Filter/FlateDecode/ID[<2410CCDF02964846848770321587A500>]/Index[122 35]/Info 121 0 R/Length 79/Prev 158412/Root 123 0 R/Size 157/Type/XRef/W[1 2 1]>>stream Commercial investors, out-of-town business interests, and real estate brokers. May 14, 2021. 111 0 obj <> endobj }(document, "script", "twitter-wjs"); On Wednesday, the Senate and House both adjorned without any movement of the highly opposed short-term rental preemption legislation, senate bill 446 and house bill 4722. As currently written, House Bill 4722 and Senate Bill 446 would impede a local government's ability to inspect these mini-hotels to ensure they are being operated safely. We have older homes in the city," he said. Two bills House Bill 4722 and Senate Bill 446 would eliminate your township's ability to do so. 3 0 obj House Bill 4722, along with its companion Senate Bill 446, has been making its way through the Legislature for several months. Many times, commercial interests purchase multiple homes in a community for the sole purpose of renting them on a short-term basisdaily, weekly or monthlywith no intent for the owner to ever occupy the residential property. While action on SB 446 wasn't anticipated, the house bill was heavily pushed to be taken up throughout the day for a vote. Among the states more than 1,200 townships, the league only found one with a ban in place. Bills seek to eliminate zoning authority over short-term rentals Toilet paper wasnt the only shortage caused by the pandemic. E@Ko +(Qrv7fL((J? Permission to reprint this blog post in whole or in part is hereby granted, provided that the author (or authors) and the Mackinac Center for Public Policy are properly cited. Arizona Senate passes bill to change mail-in voting process in the Signed by Governor Oct 04, 2021. Get insightful commentary and the most reliable research on Michigan issues sent straight to your inbox. If House bill 4722 or Senate bill 446 pass, short-term rental rules would become the same in every district and East Lansing would need to allow them. E. Lansing officials object to attempt to lift Airbnb zoning rules hbbd``b`Z $XM \rADHDqc@D=x$V$88,F 1 Still, the passage of HB 4722 has raised the ire of Michigans hospitality industry. Email Signup "Airbnb was already in the process of becoming mainstream prior to the pandemic, but the pandemic really accelerated that," he said. Senate Bill 446 (2021-2022 Session) - North Carolina General Assembly The bills will preempt your townships local zoning authority to regulate short-term rentals. Michigan is one step closer to blocking cities from banning Airbnbs - mlive Senate Bill 446, which mirrors HB 4722, has not been voted on in the Senate. No meeting history found for H.446 in the Regular Session 2023-2024. MTA outreach opposing preemption of local zoning over short-term rentals, 512 Westshire Dr. Lansing, MI 48917Phone: 517.321.6467 Fax: 517.321.8908, Health Coverage: Municipal Benefit Services, Joint press release in response to House committee reporting of HB 4722. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Pressroom It was supported by Representative Greg Markkanen, R-Hancock. hb```@9.0\/f8(Xd^\4bFe9LLvBL_2bL.+g"`^VV(CDY Gp8CD KJ The bill is then given a bill number. Careers 141 0 obj <>/Filter/FlateDecode/ID[<98F535D224B0584EB42C8A8044350364><560ABCC3D5521F4A9632EA2E1E16E940>]/Index[111 50]/Info 110 0 R/Length 131/Prev 233447/Root 112 0 R/Size 161/Type/XRef/W[1 3 1]>>stream The bills do not include any compromises local government groups have proposed to address concerns raised by proponents of the legislation. They simply say municipalities cannot ban short-term rentals, but they explicitly say they can regulate them for noise, traffic, advertising, the number of occupants and "any other condition that may create a nuisance.". hmO0?8R* &A7&EZD trinityScript.setAttribute('fetchpriority', 'high'); The legislation will also affect the quality of life for residents living near a short-term rentalnegatively impacting their property rights. June 8, 2021 . Municipal leaders urge lawmaker to support new legislation that SB 446 - California Senate (20212022) - Open States Bill authors are adamant that the. In the past, this has meant using zoning to keep out long-term renters, and today it means using zoning to keep out short-term renters, even when they are not a problem. (AP Photo/Patrick Semansky)AP. WHEREAS, Michigan Senate Bill 446 and its companion legislation House Bill 4722, seeks to amend the Michigan Zoning Enabling Act, which defines a short term rental as any rental less than 30 days as a residential use of the property that should be permitted in any area zoned residential. Many communities across the state have enacted regulations to address detrimental impacts short-term rentals have had on the quality of life in neighborhoods. Of Michigans 533 cities and villages, not one has a full short-term rental ban on the books, Gilmartin said. 70 percent of voters oppose legislation that would take away the power of local governments to control short-term rentals, 82 percent of voters agree thatlocal governments in Michigan are better equipped to protect their neighborhoods from the negative impact of short-term rentals than the state government in Lansing. Rep. Sarah Lightner, R-Springport, sponsored 4722. RESOLUTION OPPOSING HOUSE BILL 4722 AND SENATE BILL 446 . The city of Detroit quietly banned short-term rentals in residential areas before pulling back after an outcry. Additionally, Rigterink takes issue with how the substitute handles zoning, saying allowing nuisance ordinances is a reactive instead of proactive solution to problems that may arise with renters. endobj The bill only focuses on zoning, and Lightner said she expects another bill package will address taxation. On the other hand, cities must deal with state laws that prevent exclusionary zoning, as well as understand the economic benefit of having fewer zoning restrictions. %PDF-1.7 % Pennsylvania Senate Bill 446. `>30@`c`4!III$&Wr00330p."p FH Those voting yes on this legislation hold the responsibility for the entirely predictable and disastrous outcomes this measure will produce. Last Action See all actions. Stephens said these bills are putting every city in the same boat. Ann Arbor, Holland, Mackinaw City, Spring Lake and others ban short-term rentals in certain zones. If it becomes law, it will likely impact other residential rental properties as well. RESOLUTION OPPOSING HB 4722 AND SB 446 BECAUSE THEY DEPRIVE MICHIGAN RESIDENTS OF THE RIGHT TO REGULATE SHORT-TERM RENTALS WITHIN THEIR COMMUNITIES WHEREAS, the Michigan Legislature is considering House Bill 4722, Senate Bill 446, and similar substitute bills known as H-1 and S-1 (the "Bills"), and Cities also would have to allow at least 30% of housing to be rentals before setting a cap. Stephens said with the ease of renting these properties, he's worried they'll turn into month-by-month leases. js.id = id; However, even myself, I used a hotel multiple times a year, but Ive also done short term rentals. City leaders are noticing the boom and some are concerned about the growth. Michigan could open the floodgates on short-term rentals, overruling Sign up for newsletters emailed to your inbox. WHEREAS, Michigan Senate Bill 446 and its companion legislation House Bill 4722, seek to amend the Michigan Zoning Enabling Act, to define a short-term rental as any rental of not more than 30 consecutive days as a residential use of the property that should be permitted in any area The proposed legislation is supported by the Michigan Realtors and the Mackinac Center for Public Policy. MI HB4722 | 2021-2022 | 101st Legislature | LegiScan Though local governments could not ban the rentals under the proposed law, they could still regulate them under noise and other ordinances, similar to how they regulate long-term rentals and single-family homes.
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