Access to affordable housing has been a prevalent issue throughout greater-Holland. Families across Michigan rely on home sharing to supplement their income and welcome visitors whose spending supports the states businesses and tourism economy, said Vincent Frillici, a public policy regional manager for San Francisco-based Airbnb, in a statement. Dan Gilmartin, Michigan Municipal League CEO, called the push for a ban against bans a scare tactic during a Monday morning press conference. Lawmakers and opposing groups have worked to introduce compromise legislation that recognizes the difference between homeowners who rent their properties a few weekends a year and those who buy up properties to operate them as mini hotels. House Bills 5465 and 5466 are supported by a coalition of organizations representing local government, public safety, the restaurant and lodging industry. Effective land-use planning results in fewer conflicts.. GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX, by Marla R. Miller, Michigan Advance November 6, 2021. Follow Michigan Advance on Facebook and Twitter. 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. The bill would not prohibit zoning ordinance provisions that regulate noise, advertising, traffic, or other nuisances related to the rental of a dwelling, but only if such regulations are applied consistently to owner-occupied residences as well. Gretchen Whitmer. , 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. Representatives from Michigan Township Association testified in opposition to HB 4722 at early House committee hearings and. Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. Locals are using zoning to prevent nuisances she said. 2023 Advance Local Media LLC. Under HB 4722, the cap is up to 30% of a communitys existing housing stock, which opponents say is unreasonable for small communities. The state wants to come in and say, We know better, preempting them from the work that they have done.. or continue to examine the issue, while also opposing the bill. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. Bridgman Council members told short-term rental bill alive in State The heated debate continues in New Buffalo, a Southwest Michigan community that recently extended a moratorium on new short-term rental licenses until Dec. 13. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. Michigan Democrats in the state Legislature took the final step to pass gun safety measures Gov. PDF HB-4722, As Passed House, October 27, 2021 - Michigan Legislature Michigan House passes bill that would clear way for more short-term The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. In addition, it also codifies the right for counties, cities and townships to continue to, or begin to, require the issuance of a locally issued STR license, limit local licenses to two per person, and implement license enforcement policies to meet the communitys standards. YouTubes privacy policy is available here and YouTubes terms of service is available here. By stripping local authority on short-term rentals, the bill would erase years of consideration in local communities, says Holland City Manager Keith Van Beek. 4722 bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," (MCL 125.3101 to 125.3702) by adding section 206b. In 2017, the city developed a short-term rental ordinance in response to complaints from residents who showed up at public meetings. If you notice any inconsistencies with these official sources, feel free to file an issue. HOLLAND The Michigan House of Representatives stayed in session through the early hours of Wednesday morning, passing a bill that local officials say will largely strip communities of their ability to regulate short-term rentals. In my district, 30% is almost 15,000 of our housing stock.. While those opposed to the bill say communities arent banning outright short-term rentals, Skorup argues that municipalities like Holland Township and St. Clair Shores essentially have full bans through their zoning. 2021 House Bill 4722: Ban disparate regulations on Airbnb-type rentals. It is not subject to a special use or conditional use permit or procedure . In addition, the law allows local governments to limit the number of units under common ownership used for short-term rentals to two. Michigan House passes bill barring the banning of short-term rentals The bill is supported by Michigan Realtors, a real-estate advocacy group, and the Mackinac Center for Public Policy, a conservative think tank. Spectrum: Strong Partisan Bill (Republican 12-1) Status: (Engrossed - Dead) 2022-10-11 - Referred To Committee Of The Whole [HB4722 . It's a pretty simple bill. Advocates, Misogyny is fueling the countrys gun violence epidemic,, Across the country, a big backlash to new renewables is. Posted on October 27, 2021 by Dene Westbrook. On October 28, 2021, the Michigan House of Representatives passed HB 4722 by 55-48 which would prohibit local governments from adopting zoning regulations banning short-term rentals. The bill was referred to the Senate Committee on Regulatory Reform. When it comes to the property rights issue, there seems to be a lack of acknowledgement that everybody has property rights, Rigterink told the, . Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. 206b. The reason it is a big deal now is the internet and Airbnb, he added. In short, lawmakers claiming the current bills wont take away local control is a false narrative, Rigterink said. The legislation prohibits local municipalities from adopting zoning regulations that outright ban short-term rentals or make them subject to a special-use or conditional-use permit. 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. I dont want this legislation unintendedly to create a further gap, a further erosion of our housing supply.. worked on the compromising legislation, but it hasnt gained traction, said Judy Allen, MTAs director of government relations. A House Fiscal Agency Legislative Analysis of House Bill 4722 stated that the bill would: amend the Michigan Zoning Enabling Act to provide that the short- term rental a dwelling (for 30 days or less) is a permitted residential use of property that is not subject to a special use or conditional use permit or procedure. HB 4722 would amend the Michigan Zoning Enabling Act to establish the rental of a dwellingincluding, but not limited to, short-term rentalsto be a residential use of property that is permitted in all residential zoning districts, and not to be considered a commercial use nor subject to any permit requirements different from those applicable to other dwellings in the same zone. Last week, Rep. John Damoose, R-Harbor Springs, and Rep. Jack OMalley, R-Lake Ann, proposed House Bill 4985. There is a growing trend in local government to enact zoning bans that preemptively tell property owners they are unable to rent, the group says. Cookie Settings/Do Not Sell My Personal Information. ), protects an owners right to rent. Proponents of the bill argue that property owners have the right to do what they want with their property, including renting it out as a vacation home without cumbersome regulations. Short-term rentals also are popular among tourists throughout Michigan. The current ordinance permits short-term rentals in residential areas. The legislation prohibits local municipalities from adopting zoning regulations that outright ban short-term rentals or make them subject to a special-use or conditional-use permit. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. HB 4722 would amend the Michigan Zoning Enabling Act of 2006 to define and add the term short-term rental to the Code as a residential use of property that is permitted in all residential zoning districts. You cannot legislate for the entire state of Michigan, she said. The bill was referred to the Senate Committee on Regulatory Reform. The municipal law attorneys at Mika Meyers will continue to monitor developments and reports regarding HB 4722 and its potential impacts on local governments. Airbnb says HB 4722 and HB 5605 would modernize Michigans regulation of short-term rentals. If the sole purpose is to be a commercial activity to make money that is different from families who live, work, raise their children there, and want to have a quality of life in a community, she said. Please see our republishing guidelines for use of photos and graphics. Data on Open States is updated periodically throughout the day from the official website of the Michigan Legislature. Rather, it is a residential use of property and should be permitted in all residential zones. Rigterink disagrees and said that is the whole point of zoning for conflicting uses. Its the change in use that is the problem for that neighborhood, McGinnis said. Besides taking business away from traditional hotels. John Humphrey has been outspoken about his opposition to the rise of Airbnb-style rentals in his community, which held several packed public meetings in 2021 as the City Council took up the issue. 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. Votes: MI HB4722 | 2021-2022 | 101st Legislature | LegiScan In a late-night vote last week, the Michigan House of Representatives approved a bill that essentially nullifies local ordinances on short-term rentals which have become increasingly popular with the growth of companies like Airbnb and VRBO in the name of protecting private property rights. and Senate Bill 446 (Sen. Aric Nesbitt, R- . They should be paying lodging taxes, a tourism tax to supplement the municipality.. 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. 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 . "Bill 4722 is not a thoughtful solution to a complicated issue that needs to balance residential safety, fair competition and property rights it is a tone-deaf handout to mostly out-of-state corporations that will erode neighborhoods, increase crime and cost jobs.". House: House Third . The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. He also worked to dispel arguments that short-term rentals are driving up prices and displacing locals. Michigan Restaurant & Lodging Association oppose the legislation and have offered compromises. The state wants to come in and say, We know better, preempting them from the work that they have done., Zoning is intended to regulate conflicting land uses and problems that ensue, and communities zone based on master plans, local needs, and the, Voters embraced affordable housing initiatives. May 24, 2021. In 2017, the city developed a. in response to complaints from residents who showed up at public meetings. The Michigan Municipal League is in support of H.B. Tackling short-term rentals was a tumultuous two-year process that included a moratorium on city-issued licenses for rentals in May 2020, and a Nov. 23, 2021, special session where the. By common sense, these are commercial uses of property, said Keith Van Beek, city manager of Holland. Among the states more than 1,200 townships, the league only found one with a ban in place. Why are they getting more out of this than the person who lives next door? Our stories may be republished online or in print under Creative Commons lisence CC BY-NC-ND 4.0. "Legislation should not politicize our . . While Metcalf feels for people who live next to problematic short-term rentals, he said local communities need to focus on enforcement of occupancy limits, noise, parking and nuisance violations. Holland is another West Michigan community that has enacted local ordinances to manage short-term rentals, permitting them in commercially zoned areas such as the downtown. While most people were sleeping the state House passed House Bill 4722 (H-11) by a vote of 55-48. 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. More: Low income housing, single-family homes remain focus in Holland, More: Park Township hires firm for short-term rental help. Airbnb will continue to work with leaders across the state on balanced rules that protect property rights, help address community concerns, and support the states tourism economy.. Many lakeshore communities have already adopted short-term rental ordinances that officials say are in the best interest of local residents and homeowners. Grand Haven welcomes short-term rentals, but there needs to be a balanced approach, McGinnis said. Its skyrocketed in popularity.. 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. We know from other communities, what this could have the impact of doing is taking either single-family homes that are owner-occupied, or potentially long-term rental properties, and converting them away from those uses, which are homes for long-term residents, whether they be owner-occupied or rentals, and convert them into these short-term rental uses, which only puts additional pressure on what we know is a very tight housing market, particularly a very tight affordable housing market.. MI HB4722 | 2021-2022 | 101st Legislature | LegiScan Were still at the table, ready and willing to negotiate if the opportunity arises.. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. No legislative action had been taken on HB 4722 in the five months between when it was referred out of Committee and the legislative session when it was brought to a vote before the full chamber of the House. 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.. It wipes out local zoning control from every municipality, Humphrey said. They also create added costs for inspections and code enforcement, which are a strain on public resources. HB 4722 would amend the Michigan Zoning Enabling Act of 2006 to define and add the term "short-term rental" to the Code as a residential use of property that is permitted in all residential zoning districts. HB 4722 is supported by Airbnb, the Michigan Association of Realtors and the Rental Property Owners Association. Lawmakers and opposing groups have worked to, that recognizes the difference between homeowners who rent their properties a few weekends a year and those who buy up properties to operate them as mini hotels.. They have said that communities are banning short-term rentals. PDF Resolution Opposing Michigan House Bill 4722 and Senate Bill 0466 (2021 I dont have two identical townships. You cannot approach this as a one-size-fits-all, she told the Advance Thursday. Petoskey has an ordinance that permits short-term rentals in a business district with a city license. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. stop Michigan communities from outright banning short-term rentals, short-term rentals through services like VRBO, Airbnb and Homestay. Michigan House says cities can't block short-term rentals - WZZM13.com If short-term rentals didnt exist here at all, either they would be sold at high prices or they would be rented at high prices, which would preclude workforce housing.. 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. The city also launched a pilot program for non-owner occupied short-term rentals in residential areas with various regulations that was adopted as part of its local zoning ordinance. Companion Senate Bill 446 is still making its way through the upper house with similar provisions. 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. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not Theres definitely work being done to try to get it to a vote.. The rental of residential property is important to Michigan second home markets and in urban areas around event destinations. Short-term rentals are properties that are available for tourists and vacationers visiting an area for a brief stay, or not more than 30 days. as long as such regulations are applied consistently to owner-occupied residences as well. 2021 MI HB4722 (Votes) Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. McGinnis has attended previous legislative hearings in Lansing to address attempts to change the law. "It was disappointing, then, to see the House of Representatives work through the night to pass legislation that will make the hotel industry's recovery that much harder.". The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state. The Village of Suttons Bay is reexamining its current ordinance after complaints from residents and even hired a firm, in communities around Leelanau County and elsewhere. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 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. A single-family home was sold and renovated into a short-term rental. 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. This is simply special-interest lobbyists who are influencing our state legislature to benefit themselves to the detriment of all of the communities of Michigan.. Our stories may be republished online or in print under Creative Commons lisence CC BY-NC-ND 4.0. Its the desirability of the area. 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. (Dec. 5), State bills would take away local control for short-term rentals, prompting local opposition, Local groups hoping for 'compromise' with Legislature over short-term rental regulation, Low income housing, single-family homes remain focus in Holland, Park Township hires firm for short-term rental help, Your California Privacy Rights/Privacy Policy. The city allows short-term rentals in specific zoning districts and requires out-of-town owners to designate a local agent to manage the rental and address problems. Van Beek also raised concerns about housing stock issues if short-term rentals are allowed to go virtually uncapped, particularly among affordable housing units. We have put forth compromise after compromise, Allen said. Its now up to the Senate to move on the bill in the lame duck session following the Nov. 8 election. Michigan Advance maintains editorial independence. In addition, with inflation and the rising cost of living across the country, many short-term rental hosts rely on the additional income. 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. Daniel Krason / Shutterstock.com. It was supported by Representative Greg Markkanen, R-Hancock. But opponents say short-term rentals should be regulated at the local level. . In addition, many lakeshore communities are grappling with a, shortage of available, affordable, year-round housing. Besides taking business away from traditional hotels, short-term rentals arent subject to the same taxes or regulations. In response to criticism, substitutes for the bills were added to narrow their scope. DEIJ Policy | Ethics Policy | Privacy Policy. Thats the worst kind of public policymaking, he said. short-term rentals arent subject to the same taxes or regulations. Michigan voted to block Airbnb bans but hits roadblock over local This would have the effect of undoing regulatory frameworks of many Michigan municipalities that restrict where and how short-term . Question should be asked of those supporting the Michigan Housing Coalition whove signed on acknowledging housing issue across our state, yet also are pushing hard for unfettered short-term vacation rentals, Rigterink said. The city even took an illegal STR operator to court after they were cited numerous times and won. Proponents say that will prevent outside investors and corporations from owning too many units, but opponents disagree. that strips power from local governments to control short-term rentals and 79% believe they should be taxed the same as hotels. Community Rules apply to all content you upload or otherwise submit to this site. 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. The village issued a. moratorium on short-term rental licenses in June and recently extended it for an additional 90 days. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. Municipal officials should contact Mika Meyers for assistance with any questions or concerns about the effects of HB 4722. 2021 House Bill 4722: Ban disparate regulations on - Michigan Votes We are not opposed to short-term rentals, Rigterink said. 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. At the heart of the issue is whether short-term rentals are a residential or commercial use of property. on new short-term rental licenses until Dec. 13. House Bill 4722 has four main components: it would bar local governments from enacting or enforcing ordinances that ban short-term rentals; it would place a cap on the total number of short-term rentals to 30 percent of all residential units; local governments could limit an owner or ownership group to two short-term rental properties; The blanket bans some communities have issued against short-term rentals completely disregard the private property rights of Michigan citizens. The ordinance has been in place since 2014, prohibiting, new vacation rentals in residential districts, but Petoskey still. lived the experience in his own neighborhood. 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.
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