At the heart of the issue is whether short-term rentals are a residential or commercial use of property. Holland Township does not allow short-term rentals through services like VRBO, Airbnb and Homestay. City officials on Monday agreed that they do not want to ban short-term rentals, but to instead prioritize local control and the prosperity of full-time residents. (The Center Square) - In an overnight session, the Michigan House voted 55-48 to pass a bill that aims to prohibit local governments from banning short-term rentals. It just doesnt make sense and it does nothing to protect against the rights of the property owners that live around that vacation rental.. Roll Call: MI HB4722 | 2021-2022 | 101st Legislature | LegiScan If HB 4722 becomes law, it will have the effect of invalidating many regulations crafted and implemented by municipalities across the state to address issues presented by short-term rentals at the local level. Lightners office declined a request for an interview, but sent the Advance her statement. The city also launched a, pilot program for non-owner occupied short-term rentals. 206b. a Southwest Michigan lakefront community 35 miles from Chicago. I dont have two identical townships. Daniel Krason / Shutterstock.com. The Village of Suttons Bay is reexamining its current ordinance after complaints from residents and even hired a firm, Beckett & Raeder of Ann Arbor, to research short-term rental regulations in communities around Leelanau County and elsewhere. Homes are being purchased and not available when they have a business locate in their community, Allen said. The city even took an illegal STR operator to court after they were cited numerous times and won. View Latest Bill Text Sign In to Follow Theres definitely work being done to try to get it to a vote.. Banning the right to rent harms property owners and local businesses in many communities all over Michigan.. She voted no last week. Humphrey agrees, saying New Buffalo has 150 rentals with active licenses plus a number of illegal rentals that the city struggles to police. Michigan Advance is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. They havent fully banned them, but youre banning it for the vast majority of property owners, Skorup said. Although short-term rentals have been a concern in resort communities for several years, the issue has expanded to inland cities and rural townships due to a general housing shortage. 446, said the issue falls under private property protection. Some municipalities, including Traverse City and Grand Haven, have taken the stance that short-term rentals are a commercial activity and local zoning rules prohibit other commercial activities in residential neighborhoods. Community Rules apply to all content you upload or otherwise submit to this site. But short-term rentals do bring added traffic, nuisance and public safety issues. I was very surprised it moved on [Oct. 27] in the way and fashion it did, said Jennifer Rigterink, a legislative associate with the Michigan Municipal League (MML), which opposes the bill. The San Francisco-based company Airbnb has a long history of fighting local regulations across the country. 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 . More: Low income housing, single-family homes remain focus in Holland, More: Park Township hires firm for short-term rental help. However, the bill loosely defines common ownership as ownership in whole or in part by the same individual, individuals, or legal entity. Consequently, it seems that an individual could potentially circumvent a limit on the number of short-term rental units under common ownership by forming business entities to own additional units. Municipalities dismayed, property owners pleased as short-term rental House Bill 4722 passed the House 55-47 during an extended session early Wednesday. . The Arguments Against Short-Term Rentals Are Shallow In response to criticism, substitutes for the bills were added to narrow their scope. The Michigan Municipal League is in support of H.B. They often never visit Michigan, or the city where the home is located, and have no stake in the community other than profit. It was just done through less formal means.. The Village of Suttons Bay has decided to grandfather in existing short-term rental licenses and reduce the number through attrition, while looking at ways to update the ordinance and right-size the number of short-term rentals. MARQUETTE State Rep. Sara Cambensy, D-Marquette, is a cosponsor of House Bill 4722, which would "amend the Michigan Zoning Enabling Act to provide that the short-term rental dwelling, for 30 . Were on high alert on that bill, said Jennifer Rigterink, assistant director of state and federal affairs for the Michigan Municipal League, one organization that opposes the legislation. The measure approved by the House is a solid compromise that provides both certainty for private property owners across the state and flexibility for local municipalities that deserve to have some control over the planning and zoning of their communities, Lightner said. Steckloff had to wait to withdraw her name from the bill until the House took it up. In Leelanau County, another popular vacation destination, villages and townships continue to grapple with the issue. While Traverse City has a short-term rental ordinance, permitting them in commercially zoned areas, Carruthers said a lot of people have been doing it on the down low.. The general feeling in our community and not just in resort towns, but all communities is that were not supportive of efforts to do land-use planning from Lansing, said Grand Haven City Manager Pat McGinnis. This means that at least 30% of the residential units in each municipality could be potentially used as short-term rentals. Michigan Restaurant & Lodging Association oppose the legislation and have offered compromises. You cannot approach this as a one-size-fits-all, she told the Advance Thursday. figure, .tipContainer, .socContainer, .subscribeShortcodeContainer, .donateContainer {display:none !important;} .youtubeContainer { position: relative; padding-bottom: 56.25%; padding-top: 30px; height: 0; overflow: hidden; margin-bottom:12px; } .youtubeContainer iframe, .video-container object, .video-container embed { position: absolute; top: 0; left: 0; width: 100% !important; height: 100%; margin: 12px 0px !important; } .newsroomSidebar {width:35%;max-width:35%;padding:10px;border-top:solid 2px black;background-color:#d3d3d3;float:right;margin-left:50px;} .snrsInfoboxSubContainer {padding:10px;border-top:solid 2px black;background-color:#d3d3d3;} .halfwidth {float:right;width:50%;max-width:50%;} .indent2Container {margin-left: 1em;margin-bottom:1em; border-left: solid 1px black;padding-left: 2em;} @media only screen and (max-width: 600px) {.newsroomSidebar {max-width:95%;width:95%;margin-left:4%} .halfwidth {float:none;width:100%;max-width:100%;} }. The key thing here is, from our perspective, were very strong on private property rights, and people should be able to do what they want with their own property, said Mackinac Center Director of Marketing and Communications Jarrett Skorup, who testified in favor of the bills in May. Humphrey argues that short-term rental owners dont pay any additional taxes, other than the non-homestead tax rate, or fees to local communities, like a lodging or tourism tax. Under HB 4722, the cap is up to 30% of a communitys existing housing stock, which opponents say is unreasonable for small communities. Humphrey said more than 20 community leaders in lakeshore communities in Southwest Michigan have united to oppose the legislation by adopting formal resolutions and contacting legislators. The way short-term rentals are defined in the substitutes still provide them protection from local regulation, she said. The bill is supported by Michigan Realtors, a real-estate advocacy group, and the Mackinac Center for Public Policy, a conservative think tank. In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 (HB 4722), which significantly limits how local governments may regulate short-term rentals. HB 5605, which Rep. Graham Filler (R-DeWitt) introduced in December 2021, proposes an excise tax on short-terms at a rate equal to the tax of traditional lodging, along with a requirement that accommodation intermediaries such as Airbnb be responsible for the remittance of all their hosts taxes. Rigterink sees the law as ripe for litigation. Many lakeshore communities have already adopted short-term rental ordinances that officials say are in the best interest of local residents and homeowners. 105, District We recognize from employers and those that are looking for housing that there just are limited housing options available to people, he said. GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX, by Marla R. Miller, Michigan Advance November 6, 2021. The village issued a. moratorium on short-term rental licenses in June and recently extended it for an additional 90 days. The bill would prohibit local governments from adopting zoning regulations banning short-term rentals. Michigan lawmakers send 'red flag' law gun bill to Whitmer 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. HB 4722 passed Michigan's House with a vote of 55-48. There is a growing trend in local government to enact zoning bans that preemptively tell property owners they are unable to rent, according to a statement on the Michigan Realtors website. Humphrey said short-term rentals have been . They have said that communities are banning short-term rentals. A Whitmer spokesperson said Wednesday the governor has not made a decision on the bill because its still going through the legislative process. on new short-term rental licenses until Dec. 13. Area residents are turning garage apartments and even backyard tents into short-term rentals, and investment companies also are buying up homes for vacation rentals. short-term rentals arent subject to the same taxes or regulations. What's next in the fight over regulating short-term rentals in Michigan HB 4722 - Michigan House (2021-2022) - Open States Theres also some opposition from business groups, like the Michigan Restaurant and Lodging Association, which says the legislation would add to the challenges the hotel and lodging industry faces while continuing to recover from the COVID-19 pandemic. The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. Locals are using zoning to prevent nuisances she said. We are not opposed to short-term rentals, Rigterink said. Grand Rapids needs to add more than 9,000 housing units over the next four years to keep up with demand, city manager Mark Washington said. Rigterink disagrees and said that is the whole point of zoning for conflicting uses. Who determines the 30% of property owners eligible to have a short-term rental while denying the other 70% is it based on location, a first-come, first-serve application process, housing density or other factors? Loud music, late-night bonfires, even PA systems, beer pong and extra tents take over the yard. Short-term rentals have been on the Michigan Legislatures radar for several years, but bills havent gained traction until last month. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Short-term rentals also are popular among tourists throughout Michigan. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. The Republican-led Senate Regulatory Reform Committee in late September moved the legislation to the floor in a 6-3 vote. 23 Mika Meyers Attorneys Listed in Best Lawyers. He also worked to dispel arguments that short-term rentals are driving up prices and displacing locals. Its the desirability of the area. Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. Whats next in the fight over regulating short-term rentals, After years of misogyny, racism and threats in Lansing,, Hes doing their bidding: Critics say Republicans use. Please see our republishing guidelines for use of photos and graphics. 42, District In short, lawmakers claiming the current bills wont take away local control is a false narrative, Rigterink said. The solution I brought forward ends these bans while creating consistency and restoring the rights of Michigan families, so they can invest confidently in a home without worrying whether they will unexpectedly lose the ability to rent that home if they choose, she added. Heres what affected Michiganders, Michigan Democrats want investigation into states ties to US Capitol riot, Michigan House advances bills banning vitamin E acetate in vaping products, Michigan House votes to ban government-backed coronavirus vaccine passports. The substitute bill adopted by the House adds several additional provisions to the version reported out of the Commerce and Tourism Committee. 2021 MI HB4722 (Votes) Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. 104, District Effective land-use planning results in fewer conflicts.. Many lakeshore communities have enacted similar ordinances in recent years in an effort to preserve housing stock and residential neighborhoods, maintaining that short-term rentals are a commercial use of property. A local unit of government shall not adopt or enforce zoning ordinance provisions that have the effect of prohibiting short-term rentals," the bill states. The bill still has yet to be passed by the Senate and signed into law by Gov. 2021 House Bill 4722: Ban disparate regulations on - Michigan Votes has a problem with STRs operating illegally. Spectrum: Strong Partisan Bill (Republican 12-1). Local elected officials know better what is good for a small community such as ours rather than it being dictated to us out of Lansing.. The Michigan Municipal League is among the groups opposing the bill. Gretchen Whitmer. For instance, many vacationers stay up later and may have bonfires, parties or play loud music while the person next door is trying to sleep and get up for work the next day. Well, theres somebody new in that property every few days. Many lakeshore communities have already adopted short-term rental ordinances that officials say are in the best interest of local residents and homeowners. Both the Michigan Realtors, an advocacy group for Michigans real estate professionals, and the Mackinac Center for Public Policy, a free-market think tank, support the legislation. The rental of residential property is important to Michigan second home markets and in urban areas around event destinations. are supported by a coalition of organizations representing local government, public safety, the restaurant and lodging industry. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. Calls to Michigan Realtors were not returned for this story, but the association does have a statement on its website, maintaining that local governments can enforce nuisance ordinances and housing codes to protect public safety and address any unruly behavior. Each one has different needs and different makeups. The ordinance has been in place since 2014, prohibiting new vacation rentals in residential districts, but Petoskey still has a problem with STRs operating illegally. 206b. Holland has a wide variety of hotels, including the Courtyard by Marriott on Eighth Street, the Haworth Hotel on College Avenue and CityFlats on Seventh Street. Where are people going to live, and is there a quality of life that employees are going to want?, SUPPORT NEWS YOU TRUST. If we let it go hog wild, we wont have neighborhoods.. 93, District It was sounding a lot more like they were going to limit it down to nothing, which concerned me, Metcalf said. My biggest fear is housing and apartments for our seasonal and everyday laborers in Petoskey; that it will take up those spaces with short-term rentals knowing someone can make one months rent in a week during the busy season of the year, said Petoskey, Petoskey has an ordinance that permits short-term rentals in a business district with a city license. Banning the right to rent harms property owners and local businesses in many communities all over Michigan.. Grand Haven welcomes short-term rentals, but there needs to be a balanced approach, McGinnis said. Appropriations Bills Bill Lists Daily Introduced, Passed by Chamber, Enrolled Bills and Adopted Resolution Report Most Recent Bill Activity . Some municipalities, including Traverse City and Grand Haven, have taken the stance that short-term rentals are a commercial activity and local zoning rules prohibit other commercial activities in residential neighborhoods. It really could happen and you would have all of these communities where the population could dip 20 or 30%.. Its the change in use that is the problem for that neighborhood, McGinnis said. Noise, trash and nuisance complaints, and a lack of affordable housing for year-round residents, are some of the issues associated with too many short-term rentals in a community. During the House session, which lasted from 1:30 p.m. Tuesday, October 26 until a few hours past midnight, the bill was read to the House for its second time, then amended with a substitute bill, and then the substitute bill was presented to the House for the bills required third reading before the full chamber could vote on it. Those in opposition counter that year-round residents also have rights to live in residential areas without the issues that come with short-term rentals, such as trash, noise, parties, and parking issues, and local zoning ordinances are designed to minimize conflicting land uses in neighborhoods. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. The Village of Suttons Bay, Suttons Bay Township, Village of Northport, Bingham Township, Empire Township, Leelanau Township, Leland Township and Elmwood Township have adopted short-term rental ordinances. Grand Rapids does allow short-term rentals, but only home sharing and not entire properties. A 30% reduction in use during the winter months has other implications. One of the biggest challenges facing Traverse City is having enough quality housing for a range of incomes and demographics, including families, retirees, single individuals, young professionals and a growing homeless population. Short-term rentals are more prevalent in lakeshore communities that attract tourists and those that host sporting events, but they also are located on small inland lakes and in rural parts of the Upper Peninsula. It also caps the total number of short-term rentals as a percentage of all residences, but officials say the proposed 30% cap is unreasonable for small communities. This would have the effect of undoing regulatory frameworks of many Michigan municipalities that restrict where and how short-term . Its skyrocketed in popularity.. 59, District But opponents say short-term rentals should be regulated at the local level. Those looking for a compromise say HB 4722 fails to address a key issue, which is how to distinguish between homeowners with a second home who occasionally rent it out versus owners and investors that buy up homes and operate them from out-of-state as for-profit enterprises. The bill does not appear to have enough support in the legislature to override a veto. Michigan House Bill 4722 ( Prior Session Legislation) MI State Legislature page for HB4722 Summary Sponsors Texts Votes Research Comments Track Status Spectrum: Strong Partisan Bill (Republican 12-1) Status: Engrossed on October 27 2021 - 50% progression, died in chamber Action: 2022-10-11 - Referred To Committee Of The Whole In order for us to maintain a quality life in Grand Rapids, we need additional housing supply, he said. That seems to be lost., , a Southwest Michigan community that recently. Permanent residents also have the right to enjoy their property, negate nuisances and protect property values. In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 ("HB 4722"), which significantly limits how local governments may regulate short-term rentals. Contact Editor Susan Demas for questions: [email protected]. The current ordinance permits short-term rentals in residential areas. SUBSTITUTE FOR HOUSE BILL NO. The following bill formatting applies to the 2019-2020 session: - New language in an amendatory bill will be shown in bold - Language to be removed will be stricken. Amid the wrangling, three of the bills co-sponsors Reps. Sara Cambensy (D-Marquette), Samantha Steckloff (D-Farmington Hills) and Brad Paquette (R-Niles) withdrew their names from the bill, in a somewhat unusual move. 0:01. Typically, tourists, vacationers and some business travelers rent them for a brief stay, or not more than 30 days, through platforms like Airbnb, VRBO, Vacasa, Turnkey and others. Local governments, renters divided over short-term-rental bills The San Francisco-based company Airbnb has a. of fighting local regulations across the country. We still oppose it and theres been no negotiation, Rigterink said. House Republicans pass bill that addresses curriculum, pronouns The league and the Michigan Township Association are not advocating for bans, Gilmartin said. Michigan Legislature - Bills Lightner first introduced the bipartisan legislation back in April. In general, we definitely feel that the bill as proposed really doesnt have any compromise built into it, Van Beek said. The municipal law attorneys at Mika Meyers will continue to monitor developments and reports regarding HB 4722 and its potential impacts on local governments. This legislation protects private property rights by preventing short-term rentals from being zoned out of existence and also allows local governments to effectively regulate these properties, he said. 206b. "Michigan's hotel industry remains in a weakened state from a pandemic that is still presenting very real challenges to its survival 18 months later," said President and CEO Justin Winslow on Wednesday. Were still at the table, ready and willing to negotiate if the opportunity arises.. More: State bills would take away local control for short-term rentals, prompting local opposition, More: Local groups hoping for 'compromise' with Legislature over short-term rental regulation. Each community is different. 45, District HB 4722 is supported by Airbnb, the Michigan Association of Realtors and the Rental Property Owners Association. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not 67, District State legislators are looking to force local governments to ease restrictions on short-term rentals, but the Michigan Municipal League says the one-size fits all bills will hurt residents more than theyll help tourism. There has been some movement. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, House Third Reading: Given Immediate Effect Roll Call # 503, House Third Reading: Passed Roll Call # 502, Reported With Recommendation With Substitute H-1, http://legislature.mi.gov/doc.aspx?2021-HB-4722, http://www.legislature.mi.gov/documents/2021-2022/billintroduced/House/htm/2021-HIB-4722.htm, http://www.legislature.mi.gov/documents/2021-2022/billengrossed/House/htm/2021-HEBH-4722.htm, http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2021-HCVBS-4722-0N295.pdf, http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2021-HCVBS-4722-0O339.pdf, http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2021-HCVBS-4722-0U628.pdf, http://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4722-3B337E2A.pdf, http://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4722-50DCEA4D.pdf, http://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4722-374ECB7E.pdf, http://www.legislature.mi.gov/documents/2021-2022/billanalysis/Senate/pdf/2021-SFA-4722-F.pdf, http://www.legislature.mi.gov/documents/2021-2022/Journal/House/htm/2021-HJ-05-25-047.htm, http://www.legislature.mi.gov/documents/2021-2022/Journal/House/htm/2021-HJ-10-27-089.htm, http://www.legislature.mi.gov/documents/2021-2022/Journal/Senate/htm/2022-SJ-10-11-074.htm, Referred To Committee On Regulatory Reform, Reps. Sara Cambensy, Samantha Steckloff, Brad Paquette Removed As Co-sponsors, Passed; Given Immediate Effect Roll Call # 503 Yeas 55 Nays 48 Excused 0 Not Voting 6, Passed Roll Call # 502 Yeas 55 Nays 47 Excused 0 Not Voting 7, Reported With Recommendation With Substitute (h-1), Bill Electronically Reproduced 04/27/2021, Referred To Committee On Commerce And Tourism, Introduced By Representative Sarah Lightner. The bill was referred to the Senate Committee on Regulatory Reform. Humphrey opposes attempts to legislate the issue from Lansing and says HB 4722 is a giveaway to private interests at the expense of the taxpayer. Humphrey said more than 20 community leaders in lakeshore communities in Southwest Michigan have united to oppose the legislation by adopting formal resolutions and contacting legislators. To me, this is a prime example of cities being allowed to legislate for themselves, Murphy said. LANSING, Mich. Michigan's House of Representatives says cities can't block short-term rentals in their communities. Tourism is important to Michigan and short-term rentals provide visitors the opportunity to experience our beautiful state.. We dont agree with that, but they should have the ability to regulate them to balance the need of full-time residents as well as accommodate visitors. House Republicans on Wednesday narrowly passed a bill to increase the nation's debt ceiling while cutting federal government spending -- and while the legislation has no prospect of becoming law . http://legislature.mi.gov/doc.aspx?2021-HB-4722, SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 10-10-22), Summary as Passed by the House (11/2/2021), Summary as Reported from Committee (6/24/2021), District This is not a false concern. Although the substitute bill would allow local governments to limit the total number of units that may be used as a short-term rental in their jurisdiction, the bill requires that any such limit not be less than 30% of the total number of residential units in the municipality. Saying that were going to let nuisances happen, and then well let people issue a noise violation. Last year, the Michigan House of Representatives passed House Bill 4722, which, if enacted, would establish short-term rentals as a residential use permitted in all residential zoning districts throughout the state. From the township's perspective, short-term rentals are prohibited, and we believe that any action that takes away local zoning authority from the local unit of government is not good legislation, said Township Manager Steve Bulthuis. The definition of common ownership has a loophole big enough to drive a semi through it, Rigterink said. According to city documents, there are more than 12,000 residential units in the city of Holland, based on data from 2011-2015. The ordinance has been in place since 2014, prohibiting, new vacation rentals in residential districts, but Petoskey still. Michigan House says cities can't block short-term rentals - WZZM13.com
International Psychiatry Conferences 2023,
Best Size Whopper Plopper For Smallmouth,
Delta Burke Dixie Carter Funeral,
Cdcr Headquarters Sacramento, Ca 95827,
Articles D
