Category Archives: sharing economy

Ride Share Laws = Inverse Condemnation on Taxi Licenses?

Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:

  • There is a property value in a taxi license/token
  • Even if there is a property right, is the value in operating the taxi free of others operating similar services?

Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.

Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of…

Lege TREND. Exempt Private Shirt Term Rentals from Taxes

Where: New Jersey

The legislation:  S3158 (2019 | NJ)

What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners

So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.

 

Cape May County | Andrzejczak Bill to Exempt Private Short-Term Rentals from Additional Taxes Clears Committee

Local TREND. Short Term Rental Rules. Mile High City.

  • More City Power to Pull Licenses. Denver could revoke, sanction or deny a short-term rental license or application if it negatively affects the public health, safety or welfare of a neighborhood.
  • Primary Residences Only. Short Term Rental Rules apply only to primary residences
  • Property Owner requirements:
    • ​minimum of $1 million worth of liability insurance
    • required notification to their insurer that they’re using their property as a short-term rental
    • required to inform HOAs

Colorado…

Lege Trend. Anatomy of a Short Term Rental Law in a State that Walked Back Full State Preemption.

Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:

  • not allow for grandfathering local ordinances
  • state supervision of rentals in lieu of local inspections
  • state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
  • disclsoure of a contact person including:
    •  name
    • mailing address
    • telephone number
    • email 

What’s happened in FL with short term rental…

Property RIGHTs TREND. New Kid in Short Term Rental Legislation Kerfuffle

Who: Texans for Property and Rental Rights

Who are Texans for Property and Rental Rights? coalition of property rental businesses, travel sites and business trade organizations

What do they want? Statewide short term rental law to prohibit banning & ” overregulating” short term rentals 

Texas Public Radio | New Group Enters Short-Term Rental Debate; San Antonio Law May Be Overwritten

HB 3778 (2019 | TX) 

SB 1888 (2019 | TX) 

Short Term Rental Statewide Bill Signed. The 3 Key Details from a Red State.

Nebraska Governor signed LB 57 (2019 | NE) that will:

  • prohibit sities from banning short term rentals
  • local ordinances for short term rentals can address nuisances, health and safety
  • Nebraska Department of Revenue will develop tax agreements with short-term rental sites to collect and distribute taxes on behalf of host

LINCOLN JOURNAL STAR | Airbnb, VRBO-type rentals get support in Nebraska bill signed by governor

Lege TREND. Statewide Short Term Rental Bill.

The Bill: Maine’s LD 209 (ME | 2019) will:

  • prohibit cities from banning short term rentals
  • allow for local regulations related to health and safety

Supporters say:

  • This is about property rights
  • IN 2018, Maine AirbnB hosts earned  $66 million

Opponents say:

  • Cities should have control
  • Removes local governments to seek remedies from bad actors
  • Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine…

Lege TREND. Anatomy of a Statewide Short Term Rental Bill.

State: Massachusetts

The bill: H4841 (MA | 2018)

What does this statewide short term rental bill do?

  • register with the state
  • minimum of $1 million in insurance
  • 5% tax to the state
  • Cities can impose an additional 6% tax
  • Creates state affordable housing fund
    • funded by 3%  tax on property owners with 2+ short-term rentals in the same city
  •  Exempts properties rented for fewer than 14 days/year

Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight 

Anatomy of a new Short Term Rental Tax.

Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:

  • create & fund a regional wastewater program for the Cape and Islands
  • estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
  • Policy goals:
    • levels the playing field with hotel/motels
    • preserves local control
    • protects consumers
    • offers a source of revenue from our visitors to finance a very pressing wastewater needs

Inquirer &…