eNews: Action Alerts – February 10, 2022
Thursday, February 10, 2022 - 03:40pm
Oppose: Short-term rental bill before Friday morning
Bill would require localities to adopt an ordinance to tailor the operation of short-term rentals
HB1362 (Wiley) will require localities to adopt an ordinance if they want to tailor the operation of short-term rentals. The text of the relevant change to Virginia Code 15.2-983 is as follows : “If the governing body of any locality has not by ordinance, pursuant to its general land use and zoning authority, restricted the operation of short-term rentals, an operator may operate a short-term rental in the locality, subject to applicable law.”
Background
In 2017 legislation patroned by Senator Norment provided localities with the ability to regulate short-term rentals on a local level. Localities made local decisions to regulate short-term rentals after that legislation that included ordinances, a registry and special use permits.
VML adopted a land use position that says the following: “Localities must maintain control of local land use decisions. Neither the state nor the federal government…impose requirements that weaken planning and land use functions. This includes all types of housing to include but not limited to short-term rentals.”
Example:
One tourist locality allows short-term rentals as a matter of right in some districts and special use permits in another. In the last 3 years they have an approval rating of 75 percent or more on the special use permits. Each of these special use permits required public notices and public hearings so the local citizens could have their voice heard on these specific short-term rentals.
Action Requested / Talking Points
This bill was recommended for reporting by a subcommittee of Counties, Cities and Towns by a vote of 7-2 and HB1362 is scheduled to be heard in the full Counties, Cities and Towns Committee on Friday February 11. Please contact your Delegate and urge them to oppose HB1362. Inform your Delegate:
- The ability for a locality to allow public input on a specific short-term rental location is powerful.
- This bill forces localities to make a land use decision or pre-emption will occur.
- This bill does not specify a time frame for their ordinance on short-term rentals.
- Current short-term rental laws are working.
Current GA Committee:
House Counties, Cities and Towns Committee
VML Contact: Michelle Gowdy, mgowdy@vml.org
Oppose: Statewide Expanded Disclosure 
requirements in Land Use proceedings before Friday morning
Bill would prevent local elected officials from voting in certain situations
HB626 (Roem) creates new and more stringent land use disclosure requirements for local government officials. These requirements apply to the governing body, the planning commission, and the board of zoning appeals in any proceeding before each such body involving an application for a special exception or variance or involving an application for amendment of a zoning ordinance map, which does not constitute the adoption of a comprehensive zoning plan, an ordinance applicable throughout the locality, or an application filed by the governing body that involves more than 10 parcels that are owned by different individuals, trusts, corporations, or other entities.
If at the time of the hearing in any such case, such member has a business or financial interest with the applicant, that member shall, prior to any hearing on the matter or at such hearing, make a full public disclosure of such a business or financial interest or employee-employer, agent-principal, or attorney-client relationship and shall be ineligible to vote or participate in any way in such case or in any hearing thereon.
Business or financial relationship is defined in the bill and includes the receipt by the member, or by any person, firm, corporation, or committee in his behalf, from the applicant in the case or from the title owner, contract purchaser, or lessee of the subject land, except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10 percent or more of the units in the condominium, or from any of the other persons above specified, during the 12-month period prior to the hearing in such case, of any gift or donation having a value of more than $100, singularly or in the aggregate. Current law (the Conflict of Interest Act) has a broader definition of financial interest ( $5000), allows voting after disclosure in many cases and prescribes how to maintain a quorum.
Action Requested / Talking Points
This bill was recommended for reporting by as subcommittee of Counties, Cities and Towns by a vote of 6-3 and is scheduled to be heard in the full Counties, Cities and Towns Committee on Friday February 11. Please contact your Delegate and urge them to oppose HB626. Inform your Delegate:
- The existing provisions of the state and local government conflict of interests act in state law are adequate and uniformly apply in all localities except Loudoun and Fairfax County. This bill, which currently only applies in Loudoun, is not needed statewide.
- In localities with smaller Boards there may be situations where no members can vote.
Current GA Committee:
House Counties, Cities and Towns Committee
VML Contact: Michelle Gowdy, mgowdy@vml.org
