Redefining Owner Occupied for Short Term Rental Ordinances

Where: Colorado Springs, CO

How is Colorado Springs choosing to define owner occupied? An owner must inhabit the property for more than 185 days per year

What if an owner does not occupy property for more than 185 days per year?

  • Not be allowed in single-family residential or single-family planned unit development zoning districts
  • In other zoning districts, nonowner occupied units must be separated by 500-foot buffers

Will existing properties be grandfathered in and excepted from the new rules? Yes, as long as they timely file their annual application and fee

Colorado Springs Gazette | Colorado Springs City Council approves more rules for short-term rentals

Local TREND. Bird Friendly Building Ordinances

Where: NYC

What is a bird friendly building ordinance? An ordinance that reduces the number of birds injured by flying into buildings

How?

  • the use of special materials along facades to avoid avian strikes
  • applies to under under 75 feet, the maximum height of most bird flight

What construction projects will it apply to?

  •  all new construction
  • all major alterations to buildings

Are other jurisdictions doing this? Yes

The City | HOW BIRD-FRIENDLY BUILDING RULES WILL FLY IN NEW YORK

Business TREND. Reigning in Short Term Rental Nuisances

Who: Airbnb

What is Airbnb doing to address short term rental nuisances?

  • prohibit “open invite” parties at all of its accommodations
    • Open invite parties are open to anyone and advertised on social media
  • prohibit large parties at apartment buildings & condos
  • identifying listings globally that may be violating the party house ban
  • issuing new guest behavior rules
    • 1 warning for excessive noise, unauthorized guests, unauthorized parking, unauthorized smoking or excessive messiness reported by a host or a neighbor
    • After 1 warning, violations will result in account suspension or removal
  • dedicated hotline for mayors and city officials 

Mercury News | Airbnb introduces new rules to rein in parties, nuisances

Lege TREND. Stronger Trespass Laws for Farms.

Where: Ontario Province, Canada

What: Trespass and Protecting Food Safety Act increases fines and penalties for people who trespass on farms or interact with livestock being transported.

How would the farm trespass enforcement be enforced?

  • $15,000 fine for first offenders
  • $25,000 for subsequent offenses

Do farms get increased liability protection too? Yes increased protection against civil liability if a trespasser is hurt on farm property

Woodstock Sentinel Review | Legislation proposes stiffer penalties for farm trespassers

What happened when $4M was spent to overturn a crack down on short term rentals?

Where? Jersey City, New Jersey

What happened? After $4.2M spent on a local elections, formed a PAC called Keep Our Homes, and this week voters approved short term rental restrictions

What’s the background between the city and Airbnb?

  • 2015 they reached an agreement on short term rentals in the city
  • In 2015 there were 300 listings, within a year 2000 listings, & 3000 listings today
  • June 2019 the city passed a 60 day cap, prohibition of renters listing on airbed, and limits on multifamily building airbnbs

Wired | How Airbnb’s Fight to Overturn a New Jersey Law Imploded

New Kid on the Block. Database for Available Property Rights from air rights to mineral rights.

Who: RealX Ventures Inc.

What: An online database of available property rights 

How does it work? Owners list their property rights & offers can be made and accepted through the platform

Expansion: other states, timber rights, solar rights

Pittsburgh Business Times | Startup takes high-tech approach to a low-tech industry

Update on the Brothel + Water District + Eminent Domain

How much time is too much time to have no enforceable conflict of interest in Nevada? 2 decades

What changes are being considered?

  • Part ways with the developer who also employs all the board members of the water district
  • Establish procurement procedures
  • Clear conflicts of Interest Disclosures

Nevada Independent | Water district linked to developer will consider reforms after eminent domain action revealed web of conflicts

Update to this gem from earlier this month:

Where: Storey County, NV

How did this come about?

  • The owner of the Mustang Ranch is a developer at the Industrial Park
  • This same person is also a Water District Commissioner
  • This person signed development agreements as both the developer and the water district representative
  • All employees of the Water District work and live at the brothel

The governance issue with the water district: Simultaneous Public and Private Benefit

Nevada Independent | For years, a public water district blurred the line between business and government — with a developer’s brothel workers at the helm