Enforcing vacation rental laws

In 1999 the City of Sonoma passed an ordinance prohibiting the use of homes in residential zones as short-term vacation rentals. Exceptions were made for historic homes in the historic overlay zone and, as noted in this edition of The Sun, some uses were “grandfathered” as legal, non-conforming. At the time, the Internet was in its beginnings and websites like Airbnb did not exist.

Economic incentives to rent homes on a short-term basis to tourists are high. A nice home with a $2,000 mortgage can bring in that much in revenue in one weekend. Even without the likes of Airbnb, people in 1999 were tempted to advertise their home to tourists, and it was not hard to see that short-term rental activity could quickly erode the character of long-established neighborhoods.

The 1999 ordinance passed by a unanimous vote of the City Council.

But it’s now 2015 and this community is faced with the added pressure of short-term rentals brought on by the ease of Internet sites specifically created for this purpose. An hour on the web yields home after home readily available, many in residential zones where vacation rentals are illegal. The city is currently without resources to proactively enforce its own laws against this activity and Staff is left to simply respond to complaints. Sometimes this pits neighbor against neighbor — never a good situation.

When a bed and breakfast inn receives a use permit to operate, it is after a lengthy and comprehensive process of approval; parking, sanitation, fire-safety and more all come into play before county and city government are satisfied. Moreover, regular inspections take place as do requirements for training in food handling. Even a one-room bed and breakfast must adhere to the laws if it wants to legally operate in city limits.

Yet a short-term vacation rental via Airbnb, which may include many if not most of the same services to the overnight guest, is exempt from the above regulations. An overnight rental might come with food in a refrigerator, a hot-tub in the yard and other such amenities. At a licensed bed and breakfast all such amenities are subject to regulation, but not in an overnight rental.

This is unfair and potentially dangerous.

Many cities and jurisdictions are struggling to get a handle on how to deal with this new reality. In some cases, a licensing process has been initiated, but this mostly pertains to tax revenue, not safety or bad effects on neighbors. It is, without question, a complicated and difficult problem to determine how Airbnb-type activity can be properly controlled. But one thing seems clear: a dedicated enforcement program is essential.

To wait until a complaint is made is an inadequate way to police vacation violation. The city must develop a proactive program of regularly monitoring online websites like Airbnb and VRBO, and cross-reference the listings against the licensed operators. If that means hiring a full-time Code Enforcement Officer to monitor this (and other) city regulations, so be it. Fines for operating illegally must be steep enough to take the profit out of law-breaking.

Income from an illegal activity should not be tolerated for lack of enforcement resources, or simply result in a slap on the wrist. To do otherwise insults those who take the time and make the effort to obey the law.