A look at the short-term rental rules for local municipalities
With all the latest news regarding short term rentals, I thought it would be important to provide specific information by city and county bylaw, as follows:
City of Las Vegas, Chapter 6.75
The city defines a short-term vacation rental as a rental for commercial use, or the making available for commercial use of a residential unit for living, lodging or sleeping purposes, in which any individual guest rents or occupies the unit for a period of less than more than 31 consecutive calendar days. The definition does not include bed and breakfasts, rooming houses or halfway houses for released offenders.
The ordinance also lists specific communities where short-term vacation rentals are prohibited in the following planned communities: Summerlin / Sun City Summerlin, Town Center, Skye Canyon, Cliff’s Edge, DCP (Arts District, Symphony Park), Grand Canyon Village, Las Vegas Medical District and Providence Square.
A person or company that has a short-term license must comply with the constituting documents of the association. If the house is located inside a closed subdivision or a controlled access building governed by an association, the applicant for a short-term seasonal rental permit must obtain a letter from the association authorizing the accommodation. rental as part of its request to the city.
Town of Henderson
An ordinance was passed in 2019 that requires owners to register with the city if they intend to operate a short-term vacation rental on an annual basis. Henderson’s regulations represented a substantial improvement over the City of Las Vegas in controlling short-term vacation rentals.
The city defines short-term vacation rentals as a permanent residential unit or any part of such a residential unit, rented for occupancy for a period of less than 30 consecutive days or less than 28 consecutive days in February, in counting portions of days as full days regardless of whether a permanent resident is also present during the period of occupation.
Henderson’s rules include condominiums, but apartments cannot be used for short-term vacation rentals and owner registration, who must be at least 18 years of age. If the owner of the property is an entity, such as an LLC or a corporation, an officer or manager of the entity can register as long as the person has proof of authorization. If the registered owner is a trust, only the trustee can register the short-term vacation rental.
The City of Henderson included very specific requirements that addressed many association issues, which would allow an association to file a complaint if the requirements were not met, as follows:
â Mobile homes, recreational vehicles, trailers, vehicles and other non-permanent structures cannot be registered as short-term vacation rentals.
â Short term vacation rental cannot be used for overnight accommodation and cannot be used for events or parties.
â Short-term vacation rentals must meet all of the Henderson City Code residential property maintenance requirements.
â Short-term vacation rentals should not generate more or different types of traffic than the typical home occupied by a permanent resident.
â A notarized declaration is required from the declarant certifying that he will not violate any association agreement; by-laws and covenants, conditions and restrictions; or any other private agreement that governs and limits the use of the property within the association community.
â There is a limit on the number of short-term vacation rentals in multi-unit apartment buildings, either one unit or 25% of the total number of units, whichever is greater. Candidates are selected on a first come first basis. A short-term business rental should not be located within 1000 feet of another registered rental.
For any dispute between an owner and their association regarding the authorization of a short-term vacation rental, the owners association will need to obtain a court order as proof of the prohibition. Henderson, after receiving a copy of the order, would not allow an owner in that community to register.
The Short-Term Rental Act will come into effect on July 1, 2022. Prior to the passage of Assembly Bill 363, which requires the county to regulate the industry, Clark County was the only major jurisdiction in the country. southern Nevada with an outright ban on short-term rentals. .
It should be noted that prior to the pandemic, Clark County established a task force to investigate this matter, reviewing laws and ordinances in other cities in Nevada and outside Nevada that allow rentals. short term.
With the new law, Clark County will need to develop an ordinance that will regulate short-term rentals and incorporate minimum standards set by law. Under the legislation, the county will need to enact annual registration fees, levy transitional accommodation taxes, ban party rentals, establish noise, safety and waste requirements, and create civil penalties in case of violation.
It should be noted that with the new law, investors cannot hold more than five short-term rentals per state operating license. A state business license and county clearance must be displayed in the rental unit and in all online advertising. The county may require a hosting platform such as Airbnb and Vrbo to verify that a rental unit is licensed to serve as a short-term rental before advertising.
Hopefully Clark County will provide an opportunity for associations to help develop regulations closer to what the City of Henderson has done than to the City of Las Vegas.
For now, it is to be waited for.
Barbara Holland is a Certified Property Manager and holds the Nevada State Supervisory Community Manager Certificate. She is an author and trainer in property management. Questions can be sent to [email protected]