In 2018, when Holland began a pilot program allowing short-term rentals in residential neighborhoods, city officials set a limit of 25 non-owner occupied units. (The Center Square) - In an overnight session, the Michigan House voted 55-48 to pass a bill that aims to prohibit local governments from banning short-term rentals. That seems to be lost., , a Southwest Michigan community that recently. Loud music, late-night bonfires, even PA systems, beer pong and extra tents take over the yard. Who determines the 30% of property owners eligible to have a short-term rental while denying the other 70% is it based on location, a first-come, first-serve application process, housing density or other factors? Cambensy weighs in on proposed bill - The Mining Journal I dont have two identical townships. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. Broad allowances for short-term rentals would also affect local hotels, according to a statement from the Michigan Restaurant and Lodging Association. It was just done through less formal means.. If you want to open a mechanic shop in your garage, you cant do that, she said. Michigan could open the floodgates on short-term rentals, overruling The bill targets those efforts and essentially strips a local municipalitys ability to regulate short-term rentals through local zoning ordinances or make them subject to a special-use or conditional-use permit. Grand Haven welcomes short-term rentals, but there needs to be a balanced approach, McGinnis said. This means that at least 30% of the residential units in each municipality could be potentially used as short-term rentals. Its now up to the Senate to move on the bill in the lame duck session following the Nov. 8 election. The blanket bans some communities have issued against short-term rentals completely disregard the private property rights of Michigan citizens. Local government officials say they're disappointed after the state House passed a bill that allows homeowners to set up short term rentals where ever they own property. Rigterink has been fielding plenty of calls from members after the surprise vote. Rigterink disagrees and said that is the whole point of zoning for conflicting uses. 4722 bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," (MCL 125.3101 to 125.3702) by adding section 206b. Sign up here Were still at the table, ready and willing to negotiate if the opportunity arises., There is a growing trend in local government to enact zoning bans that preemptively tell property owners they are unable to rent, according to a statement on the Michigan Realtors, . Right now, we just have under 300 short-term rentals, McGinnis said. House Bill 4722 was not on the Oct. 26 agenda, but an amended version passed 55-48 after the GOP-controlled House stayed in session past 2 a.m. Oct. 27. So that doesnt actually stop the nuisance from happening.. Local governments can . 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. We have put forth compromise after compromise, Allen said. Saying that were going to let nuisances happen, and then well let people issue a noise violation. Lightner first introduced the bipartisan legislation back in April. Weve had a 33% decrease in school population in 10 years, Humphrey said. New Buffalo Mayor 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. with the growth of companies like Airbnb and VRBO in the name of protecting private property rights. The bill would prohibit local governments from adopting . Whats next in the fight over regulating short-term rentals, After years of misogyny, racism and threats in Lansing,, Hes doing their bidding: Critics say Republicans use. The substitutes would keep short-term rentals from being zoned out of existence, but would not stop local ordinances from regulating noise, traffic, advertising and capacity. House GOP narrowly passes bill to raise debt limit and cut spending Van Beek also raised concerns about housing stock issues if short-term rentals are allowed to go virtually uncapped, particularly among affordable housing units. The bill passed just after 2 a.m. Wednesday morning, and it could mean more . . An unintended consequence is a decline in population, school enrollment and quality of life for year-round residents. 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. In addition, the law allows local governments to limit the number of units under common ownership used for short-term rentals to two. 2021 House Bill 4722: Ban disparate regulations on Airbnb-type rentals. The bill still has yet to be passed by the Senate and signed into law by Gov. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. for service-industry workers or people who want to relocate to the community for employment. It appearsthat much of what was passed by the House last night would gut some of the reasonable regulations that we spent a considerable amount of time as a community walking through and putting in place for what we thought was right for the city, Van Beek said in an interview Wednesday. In short, lawmakers claiming the current bills wont take away local control is a false narrative, Rigterink said. The Village of Suttons Bay, Suttons Bay Township, Village of Northport, Bingham Township, Empire Township, Leelanau Township, Leland Township and Elmwood Township have adopted short-term rental ordinances. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not Governor Whitmer has not yet commented publicly as to whether or not she would sign the bill into law if it is passed by the Senate. 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. 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. Calls to Michigan Realtors were not returned for this story, but the association does have a statement on its website, maintaining that local governments can enforce nuisance ordinances and housing codes to protect public safety and address any unruly behavior. One of the biggest challenges facing Traverse City is having enough quality housing for a range of incomes and demographics, including families, retirees, single individuals, young professionals and a growing homeless population. , 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. He was surprised about the late-night vote on the bill. 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. Summary as Introduced (5/17/2021) This document analyzes: HB4722 Summary as Reported from Committee (6/24/2021) This document analyzes: HB4722 Summary as Passed by the House (11/2/2021) This document analyzes: HB4722 Senate Fiscal Analysis SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 10-10-22) This document analyzes: HB4722 History , sponsored by Rep. Sarah Lightner (R-Springport Twp. replaced it as a 20-person Airbnb that completely wrecked our neighborhood, he said. amendment that prohibits new short-term rentals in certain residentially zoned districts. 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. Michigan Municipal League, Michigan Township Association and. The Republican-led Senate Regulatory Reform Committee in late September moved the legislation to the floor in a 6-3 vote. Additionally, Rigterink takes issue with how the substitute handles zoning, saying allowing nuisance ordinances is a reactive instead of proactive solution to problems that may arise with renters. Michigan Advance maintains editorial independence. 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. The Village of Suttons Bay is reexamining its current ordinance after complaints from residents and even hired a firm, Beckett & Raeder of Ann Arbor, to research short-term rental regulations in communities around Leelanau County and elsewhere. on new short-term rental licenses until Dec. 13. Posted on October 27, 2021 by Dene Westbrook. 206b. Holland Township does not allow short-term rentals through services like VRBO, Airbnb and Homestay. Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. They havent fully banned them, but youre banning it for the vast majority of property owners, Skorup said. Michigan Advance is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. http://legislature.mi.gov/doc.aspx?2021-HB-4722, SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 10-10-22), Summary as Passed by the House (11/2/2021), Summary as Reported from Committee (6/24/2021), District Summary; Sponsors; Texts; . House Bill (HB) 4722 says short-term rental properties can't be banned, be subject to a conditional use permit, or be considered a commercial property. 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. 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. passed Roll Call # 502 Yeas 55 Nays 47 Excused 0 Not Voting 7, passed; given immediate effect Roll Call # 503 Yeas 55 Nays 48 Excused 0 Not Voting 6, Reps. Sara Cambensy, Samantha Steckloff, Brad Paquette removed as co-sponsors, REFERRED TO COMMITTEE ON REGULATORY REFORM, reported with recommendation with substitute (H-1), bill electronically reproduced 04/27/2021, referred to Committee on Commerce and Tourism, introduced by Representative Sarah Lightner. 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. The Airbnb app icon is seen on an iPad screen, Saturday, May 8, 2021. Homes are being purchased and not available when they have a business locate in their community, Allen said. In order for us to maintain a quality life in Grand Rapids, we need additional housing supply, he said. House Bill 4722, introduced by Rep. Sarah Lightner, R-Springport, would amend the Michigan Zoning Enabling Act to allow short-term rentals, units where guests reside for not more than 30 days, to . The current ordinance permits short-term rentals in residential areas. The city also launched a, pilot program for non-owner occupied short-term rentals. Bill tracking in Michigan - HB 4722 (2021-2022 legislative session I do support the [HB 4722] legislation, but I think that a local governments ability to police these, which still seems to be preserved in that legislation, is still the most important angle, said, Jason A. Metcalf, an attorney and short-term rental owner in Suttons Bay who has been monitoring the developments at the local and state level. 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. The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the 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. HB 4722 has been referred to the Senate Committee on Regulatory Reform, which approved a bill earlier this year that was identical to the previous version of HB 4722 approved by the House Committee on Commerce and Tourism. The legislation aims to protect Michigan property owners fundamental right to use their dwelling or home as a short-term rental, according to proponents. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Rigterink sees the law as ripe for litigation. It was sounding a lot more like they were going to limit it down to nothing, which concerned me, Metcalf said. The league and the Michigan Township Association are not advocating for bans, Gilmartin said. Spectrum: Strong Partisan Bill (Republican 12-1). The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. 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. The city has offered incentives to developers to build more affordable units, but even those are becoming short-term rentals in commercially zoned areas. 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. The city even took an illegal STR operator to court after they were cited numerous times and won. But House Bill 4722 narrowly passed the House in a late-night session last October, a move that surprised many who have followed the legislation. HB 5605, 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. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 4/4/2023), Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (updated 1/26/2023). We still oppose it and theres been no negotiation, Rigterink said. 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. Sen. Aric Nesbitt, R-Lawton, who authored S.B. Although short-term rentals have been a concern in resort communities for several years, the issue has expanded to inland cities and rural townships due to a general housing shortage. The village issued a moratorium on short-term rental licenses in June and recently extended it for an additional 90 days. Representatives from Michigan Township Association testified in opposition to HB 4722 at early House committee hearings and. Our message is very clear that we need to have thoughtful local ordinances to take into consideration all of the unique aspects of a particular community, he said. Lightners office declined a request for an interview, but sent the Advance her statement. Lawmakers contend HB 4722 strikes a balance between property owners who may want to buy an investment property or a second home and then rent it out while still giving local municipalities some authority in how to regulate the industry. Banning the right to rent harms property owners and local businesses in many communities all over Michigan.. We feel local communities are best equipped to deal with planning and zoning issues. 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. Humphrey said short-term rentals have been . 206b. He also worked to dispel arguments that short-term rentals are driving up prices and displacing locals. Neighboring Park Township is in the middle of a months-long study of its short-term rental situation as its planning commission explores potential regulations of the rentals, which have generated resident complaints. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The people in Lansing have no concept about what this bill will do to local municipalities.. In addition, with inflation and the rising cost of living across the country, many short-term rental hosts rely on the additional income. I dont have two identical townships. as long as such regulations are applied consistently to owner-occupied residences as well. The bill does not appear to have enough support in the legislature to override a veto. To amend the law that authorizes local zoning restrictions on property owners so as to explicitly establish that short term "Airbnb" type rentals are not subject to any "special use or conditional use . They replaced it as a 20-person Airbnb that completely wrecked our neighborhood, he said. Several communities in Ottawa County have. They maintain local communities are in essence banning short-term rentals by limiting the number of licenses and restricting where they can be located. a Southwest Michigan lakefront community 35 miles from Chicago. "Michigan's hotel industry remains in a weakened state from a pandemic that is still presenting very real challenges to its survival 18 months later," said President and CEO Justin Winslow on Wednesday. If 30% wanted to locate in your most desirable neighborhood, you have now turned that residential district into transient mini-hotels and completely crushed anybody who is actually living there, she said. Republican-led Senate Regulatory Reform Committee in late September moved the legislation to the floor in a 6-3 vote. A single-family home was sold and renovated into a short-term rental. 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..

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