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Brentwood City Commission Agenda

Meeting Date:	02/13/2017
Resolution 2017-15 - Opposing legislation Limiting the Ability of Local Governments to Regulate the Location of Short-term Rental Properties
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Resolution 2017-15 - Opposing any legislation that would limit the ability of local governments to regulate the location of short-term rental properties

Background

In 2009, the Board of Commissioners passed a Zoning Ordinance amendment that prohibits the rental of all or part of a single-family residence for a period of less than three months (except for authorized bed and breakfast lodges.) At the time, staff had received complaints from neighbors about homes that were being rented as vacation homes. While websites such as VRBO.com were in existence at the time to facilitate vacation home rentals, the 2009 ordinance pre-dated the creation of Airbnb, the web-based service that allows millions of property owners to rent out rooms or entire homes to tourists or other short-term occupants. As Airbnb use has grown, some Brentwood homeowners have used the service to advertise part or all of their homes to short-term renters. Most of these listings have been removed once the homeowners received violation notices from City staff, although some homeowners removed their listings only after being cited to Brentwood City Court and fined.

At the State level, bills are now under consideration in the Tennessee General Assembly that threaten to take away the ability of local governments to determine whether and to what extent short-term rentals (STRs) will be allowed. To date, two bills have been filed. (See SB1086/HB1020 and SB0372/HB0497, attached.) One bill would force local governments to allow owner-occupied STRs (where portions of a home are rented out but the owner stays in the home) while the other bill completely guts municipal zoning powers in regard to STRs. These bills fail to recognize the importance of local autonomy in shaping the character and identity of communities through zoning, Beyond the issue of STRs, the bills set a dangerous precedent, under which the legislature might gradually peel away zoning powers that have been entrusted to Tennessee cities for over 80 years.

The City first made its position on STRs known to the legislature in September, 2016 when a Senate committee convened to consider issues related to STRs. Comments submitted to that committee are attached and establish the basis for the City's opposition to any legislation that removes local government's abilities to regulate STRs through zoning.

With the filing of the bills discussed above, staff believes it is important for the Board of Commissioners to clearly and publicly express its opposition. As such, a resolution has been prepared for the Board's consideration to oppose any legislation that would limit the ability of local governments to regulate the location of STR properties.

Staff Recommendation

Staff recommends passage of Resolution 2017-15.

Previous Commission Action

In 2009, the Board of Commissioners enacted Ordinance 2009-09, which prohibits the rental of single-family residences or any portion thereof for periods of less than three months (with exceptions for permitted bed and breakfast lodges.)

Fiscal Impact

Attachments
Resolution 2017-15
Comments Submitted to Senate STR Committee
SB0372/HB0497
SB1086/HB1020
Signed Resolution