Short-Term Rental Regulations and Bans: Where Are They Now?

Image: Red airbnb logo. (Photo Credit: Ralf / Adobe Stock)
Image: Red airbnb logo. (Photo Credit: Ralf / Adobe Stock)

When Airbnb launched in 2008, a new era began, and the short-term rental (STR) industry was born. Since then, the industry has seen substantial growth and the launch of additional (STR) platforms like Vrbo and HometoGo. Now, millions of overnight stays are booked each year on STR platforms, leading to an industry estimated to be worth over $30 billion per year in the United States.

As the industry matures, many cities have experienced growing pains and have attempted to manage noise complaints, parking concerns, excessive parties, and overcrowding by passing onerous STR regulations. One question remains: are these regulations best for cities and residents? Let's explore.

In 2022, New York City passed STR restrictions requiring owners to be onsite while hosting and limiting the number of guests in any short-term rental to a maximum of two. Additionally, STR platforms are now prohibited from processing payments within New York unless the listing is included on the city's approved short-term rental list. Since this legislation passed, the number of legal STRs in New York City has gone from 10,800 to just over 800 licensed units at the beginning of December 2023.

Los Angeles County is ground zero for the nation's homeless epidemic, and a lack of affordable housing is an ongoing issue elected officials have been trying to address for years. In April of 2024, the Los Angeles County Board of Supervisors passed additional STR regulations for unincorporated areas of the county. The new rules require a $914 registration fee to be paid annually, prohibit the use of accessory dwelling units for short-term rentals, and require hosts to be reachable 24 hours a day while only allowing STRs in primary residences. In addition to registering with the county, hosts must also obtain a police permit as well as a Transient Occupancy Tax Registration Certificate. Only time will tell if these restrictions have any meaningful impact on increasing affordable housing.

Clark County, where the city of Las Vegas is located, recently passed a law requiring STR hosts to obtain a license before listing on rental platforms. The law mandates that STRs cannot be located within 2,500 feet of a resort hotel, and there must be a 1,000-foot distance separation between licensed STRs. Owners must pay a registration fee of $1,000, and listings must also be inspected to meet health and safety standards. However, the County's registration system has seen many delays, and some have chosen to list their rentals despite the new law. The county has taken notice. One homeowner was recently leveled a file of $180,000 ($500 per day for 360 days listed) for an illegal listing on Airbnb. Given the delays with issuing permits, the STR occupancy rate in Las Vegas is 23%.

Critics have raised the concern that STRs can deplete the inventory of affordable housing. But research has proven otherwise. According to a Harvard Business Review survey, most STRs are in touristy areas with higher incomes and not in areas that serve lower-income populations or where affordable housing is located.

Since the end of the COVID-19 pandemic, inflation has been top-of-mind, with consumers paying more for everything, including housing. Elected officials and economists closely monitor housing costs and are aware of the rent increases and home prices. Consequently, some municipalities have been cautious about the expansion of STRs. However, there is little evidence that short-term rentals have had much of an impact on home costs or rising rents. While rent has skyrocketed in many cities, Harvard Business Review found that STRs account for 1% of the 32% growth in rental costs in New York City between 2010 and 2020.

When it comes to STR regulations, a commonsense approach can be beneficial for both rental hosts and the community. STR income puts more money back into local economies. This is in addition to all the money tourists spend on meals, entertainment, and shopping when they visit. A healthy STR economy also helps bolster employment and business success across categories, including property managers, house cleaners, gardeners, pool services, and other essential services needed to keep STRs in tip-top shape and presentable for the next visit.

STR curbs and bans are problematic because they are challenging to enforce. Listings will simply move from a regulated platform to less transparent or easily searchable platforms, making it difficult for municipalities to gain accurate data on how many STRs are operating in any area. An even greater loss is an opportunity to collect tax, license and permitting revenue, which can be reinvested into communities and help alleviate the budget shortfalls many cities, states and municipalities face. These recurring revenues can also be invested in tourism advertising, generating even more income to improve residents' quality of life year-round. As STRs mature into a new era of compliance and stake their claim as an established lodging option, communities should consider taking a measured approach to regulating STRs.

*Written by Avalara.


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Laurence Pinckney

Laurence Pinckney

CEO of Zenbiz Travel, LLC

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