House Bill 4722 has four main components: it would bar local governments from enacting or enforcing ordinances that ban short-term rentals; it would place a cap on the total number of short-term rentals to 30 percent of all residential units; local governments could limit an owner or ownership group to two short-term rental properties; It is not subject to a special use or conditional use permit or procedure . Contact Editor Susan Demas for questions: info@michiganadvance.com. Van Beek also raised concerns about housing stock issues if short-term rentals are allowed to go virtually uncapped, particularly among affordable housing units. Access to affordable housing has been a prevalent issue throughout greater-Holland. The way short-term rentals are defined in the substitutes still provide them protection from local regulation, she said. Proponents of the bill argue that property owners have the right to do what they want with their property, including renting it out as a vacation home without cumbersome regulations. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. The practice helps Michigan property owners cover the cost of property taxes and maintenance. Michigan House Bill 4722 ( Prior Session Legislation) MI State Legislature page for HB4722 Summary Sponsors Texts Votes Research Comments Track Status Spectrum: Strong Partisan Bill (Republican 12-1) Status: Engrossed on October 27 2021 - 50% progression, died in chamber Action: 2022-10-11 - Referred To Committee Of The Whole The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. 206b. Local governments can . At the heart of the issue is whether short-term rentals are a residential or commercial use of property. Humphrey argues that short-term rental owners dont pay any additional taxes, other than the non-homestead tax rate, or fees to local communities, like a lodging or tourism tax. These are some of the issues created by short-term vacation rentals, according to local government and municipal officials who oppose recent state legislation that would preempt local regulations on short-term rentals. and Senate Bill 446 (Sen. Aric Nesbitt, R- . Bill authors are adamant that the bills will not overstep local zoning ordinances. While the Legislature is currently controlled by Republicans, Democrats won both chambers, which adds to the uncertainty of what might be on the last session agendas of the year. The new version of the bill contains an exemption for existing zoning ordinance provisions that regulate the rental of dwellings by overlay district without distinction between short-term rentals and rentals for longer terms if the ordinance provisions were in place as of July 11, 2019 and initiated by petition. for service-industry workers or people who want to relocate to the community for employment. The measure approved by the House is a solid compromise that provides both certainty for private property owners across the state and flexibility for local municipalities that deserve to have some control over the planning and zoning of their communities, Lightner said in a statement. 206b. HB 4722 passed Michigan's House with a vote of 55-48. There has been some movement. Beckett & Raeder report, the village currently has 61 operating short-term rentals, which represents 13% of the communitys total housing stock. City staff found few complaints. Thats the worst kind of public policymaking, he said. Tourism is important to Michigan and short-term rentals provide visitors the opportunity to experience our beautiful state.. 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. 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. The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. Area residents are turning garage apartments and even backyard tents into short-term rentals, and investment companies also are buying up homes for vacation rentals. McGinnis has attended previous legislative hearings in Lansing to address attempts to change the law. , sponsored by Rep. Sarah Lightner (R-Springport Twp. 64. Representatives from Michigan Township Association testified in opposition to HB 4722 at early House committee hearings and worked on the compromising legislation, but it hasnt gained traction, said Judy Allen, MTAs director of government relations. Posted on October 27, 2021 by Dene Westbrook. 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. Many lakeshore communities have enacted similar ordinances in recent years in an effort to preserve housing stock and residential neighborhoods, maintaining that short-term rentals are a commercial use of property. Banning the right to rent harms property owners and local businesses in many communities all over Michigan.. Spectrum: Strong Partisan Bill (Republican 12-1). House Bill 4722 passed the House 55-47 during an extended session early Wednesday. If you notice any inconsistencies with these official sources, feel free to file an issue. Steckloff said she appreciates short-term rentals and she does use them, as do many businesspeople who visit the Farmington Hills area for work. The legislation aims to protect Michigan property owners fundamental right to use their dwelling or home as a short-term rental, according to proponents. Short-term rentals have been on the Michigan Legislatures radar for several years, but bills havent gained traction until last month. The The current ordinance permits short-term rentals in residential areas. The bill passed in the House, 213-208. 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. Local governments would also be able to set limits on the number of short-term rentals, so long as the limit wasnt less than 30 percent of existing residential units in a municipality. lived the experience in his own neighborhood. Michigan House Bill 4722 (Prior Session Legislation) MI State Legislature page for HB4722. Marla R. Miller is an award-winning journalist and content marketing writer who previously worked for newspapers in Indiana and the Muskegon Chronicle. The bill was referred to the Senate Committee on Regulatory Reform. While most people were sleeping the state House passed House Bill 4722 (H-11) by a vote of 55-48. 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 website. The final result of the House vote was 55 in favor, 48 opposed, and 6 abstentions. It was sounding a lot more like they were going to limit it down to nothing, which concerned me, Metcalf said. We have put forth compromise after compromise, Allen said. In addition, with inflation and the rising cost of living across the country, many short-term rental hosts rely on the additional income. Toilet paper wasnt the only shortage caused by the pandemic. If it is passed by the state Senate and signed by the governor, it would prevent local governments. 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. All rights reserved (About Us). The village issued a moratorium on short-term rental licenses in June and recently extended it for an additional 90 days. House Bill 4722, introduced by Rep. Sarah Lightner, R-Springport Township, passed 55-48 after the House remained in session past 2 a.m. The legislation prohibits local municipalities from adopting zoning regulations that outright ban short-term rentals or make them subject to a special-use or conditional-use permit. For additional roll call votes on Michigan HB4722 please see the Vote List Bill Title: Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. Please see our republishing guidelines for use of photos and graphics. amendment that prohibits new short-term rentals in certain residentially zoned districts. Broad allowances for short-term rentals would also affect local hotels, according to a statement from the Michigan Restaurant and Lodging Association. Heres what affected Michiganders, Michigan Democrats want investigation into states ties to US Capitol riot, Michigan House advances bills banning vitamin E acetate in vaping products, Michigan House votes to ban government-backed coronavirus vaccine passports. In Holland Township, the rentals are banned. Banning the right to rent harms property owners and local businesses in many communities all over Michigan.. 50, District Spectrum: Strong Partisan Bill (Republican 12-1) Status: (Engrossed - Dead) 2022-10-11 - Referred To Committee Of The Whole [HB4722 . The Michigan Municipal League is in support of H.B. Representative Markkanen's office declined the Gazette's request for comment. The current ordinance permits short-term rentals in residential areas. You cannot approach this as a one-size-fits-all, she told the, Lightners office declined a request for an interview, but sent the, The key thing here is, from our perspective, were very strong on private property rights, and people should be able to do what they want with their own property, said Mackinac Center Director of Marketing and Communications Jarrett Skorup, who, Calls to Michigan Realtors were not returned for this story, but the association does have a statement on its. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. 42, District 104, District We have put forth compromise after compromise, Allen said. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. Well, theres somebody new in that property every few days. McGinnis said Grand Haven deals with more problems and noise complaints during the busy summer months, and it would take more staff to enforce noise and nuisance ordinances associated with more short-term rentals. Families across Michigan rely on home sharing to supplement their income and welcome visitors whose spending supports the states businesses and tourism economy, said Vincent Frillici, a public policy regional manager for San Francisco-based Airbnb, in a statement. She lives in Norton Shores and her work can be found at marlarmiller.com. HB 4722 Michigan House Bill 2021-2022 Regular Session Introduced in House Apr 27, 2021 Passed House Oct 27, 2021 Senate Governor Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. On October 28, 2021, the Michigan House of Representatives passed HB 4722 by 55-48 which would prohibit local governments from adopting zoning regulations banning short-term rentals. They should be paying lodging taxes, a tourism tax to supplement the municipality.. "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. While Traverse City has a short-term rental ordinance, permitting them in commercially zoned areas, Carruthers said a lot of people have been doing it on the down low.. Michigan Advance maintains editorial independence. In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 (HB 4722), which significantly limits how local governments may regulate short-term rentals. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. The substitute bill adopted by the House adds several additional provisions to the version reported out of the Commerce and Tourism Committee. 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 know from other communities, what this could have the impact of doing is taking either single-family homes that are owner-occupied, or potentially long-term rental properties, and converting them away from those uses, which are homes for long-term residents, whether they be owner-occupied or rentals, and convert them into these short-term rental uses, which only puts additional pressure on what we know is a very tight housing market, particularly a very tight affordable housing market.. This would have the effect of undoing regulatory frameworks of many Michigan municipalities that restrict where and how short-term . Introduced by Rep. Sarah Lightner R-Springport on April 27, 2021. The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state. Each one has different needs and different makeups. (The Center Square) - Local governments are pushing back on bills that aim to prevent cities from banning short-term rentals (STR) Senate Bill 446 and House Bill 4722 seek to allow homeowners to convert their homes to short-term vacation rentals. The legislation would give local governments the authority to limit the number of short-term rentals owned by the same person in an effort to prevent investors from buying up multiple homes. Its now up to the Senate to move on the bill in the lame duck session following the Nov. 8 election. Businesses that want to relocate to a community worry about housing for their employees. To me, this is a prime example of cities being allowed to legislate for themselves, Murphy said. . 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? A Whitmer spokesperson said Wednesday the governor has not made a decision on the bill because its still going through the legislative process. My biggest fear is housing and apartments for our seasonal and everyday laborers in Petoskey; that it will take up those spaces with short-term rentals knowing someone can make one months rent in a week during the busy season of the year, said Petoskey, Petoskey has an ordinance that permits short-term rentals in a business district with a city license. Airbnb raised $3.7 billion in the initial public offering. The city has offered incentives to developers to build more affordable units, but even those are becoming short-term rentals in commercially zoned areas. We are not opposed to short-term rentals, Rigterink said. Many lakeshore communities have already adopted short-term rental ordinances that officials say are in the best interest of local residents and homeowners. ), protects an owners right to rent. 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. Related: Lawmakers look to stop cities from banning short-term rentals, but some say they add to housing shortage. While those opposed to the bill say communities arent banning outright short-term rentals, Skorup argues that municipalities like Holland Township and St. Clair Shores essentially have full bans through their zoning. 0:01. 2021 House Bill 4722: Ban disparate regulations on Airbnb-type rentals. Some municipalities, including Traverse City and Grand Haven, have taken the stance that short-term rentals are a commercial activity and local zoning rules prohibit other commercial activities in residential neighborhoods. 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. Amid the wrangling, three of the bills co-sponsors Reps. Sara Cambensy (D-Marquette), Samantha Steckloff (D-Farmington Hills) and Brad Paquette (R-Niles) withdrew their names from the bill, in a somewhat unusual move. Lets talk about it how can we make it so people can reasonably use their properties without destroying communities?. Humphrey said more than 20 community leaders in lakeshore communities in Southwest Michigan have united to oppose the legislation by adopting formal resolutions and contacting legislators. are supported by a coalition of organizations representing local government, public safety, the restaurant and lodging industry. Petoskey has an ordinance that permits short-term rentals in a business district with a city license. 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. homes for rent by owner in little rock, ar,
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