Legislative Bulletin January 25, 2023 – Alert

Wednesday, January 25, 2023 - 03:18pm

Alert: Short term rental property bill to be heard Thursday, Jan. 26 at 7:30am

HB2271 will be heard in House Counties, Cities and Towns Subcommittee #2

HB2271 (Marshall) Short-term rental property; locality’s ability to restrict property managed by a Virginia realtor.

This bill states that short term rental properties that are managed by a Virginia realtor do not have to comply with the following short term rental ordinance provisions:

a prohibition on short term rentals
limitations on occupancy in a short-term rental property to less than what is allowed under the building code or a local zoning ordinance
a limitation on the number of days for which a short-term rental property can be rented
a requirement that an owner shall occupy the property as his primary residence for any number of days
a requirement for the installation of any type of remote monitoring device on the short-term rental property, including decibel, audio, or video
exterior or interior inspections of the short-term rental property pertaining to any items defined under the building code more frequently than 3 years, unless a complaint has been filed
required repairs, renovations, or updates to the structure of the short term rental property that are greater than those required under the applicable building code
requirement for an owner to add additional or otherwise alter existing parking spaces for the short term rental property.

*For provisions #3 and #4 there is the ability to create a written process whereby the Virginia realtor can apply to rent for more days and apply to rent for more days without satisfying the residency requirement.

There is an additional clause that states that any provision in an ordinance that relates to a short term rental that restricts the number of days or requires the owner occupied provision cannot be enforced for a short term rental managed by a Virginia realtor if the ordinance was not passed prior to January 1, 2023.

Please contact your Delegate and members of the committees before 7:30am to let them know your locality’s position on this proposed legislation. There is not a consensus among VML members.

House Counites, Cities, and Towns Subcommittee #2 members

Click on each name below for contact information:

List of all Delegates with contact information here >.

Companion bill likely to be heard Monday, Jan. 30

The companion bill is SB1391 (Lewis) which most likely will be heard in Senate Local Government on Monday at 9:00am. Click on the committee member names below for contact information:

List of all Senators with contact information here >.