HB1474: Short-term rentals; regulation by locality.

HOUSE BILL NO. 1474

Offered January 8, 2020
Prefiled January 8, 2020
A BILL to address local ordinances concerning the regulation of short-term rentals.
Patron-- McGuire

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any provision of law to the contrary, general or special, any ordinance in effect and any ordinance adopted by the governing body of any locality shall comply with the following requirements:

1. A locality shall not limit in its ordinance the total number of nights permitted annually for short-term rentals.

2. A locality shall not limit in its ordinance the number of short-term rental properties owned by any one person or entity.

3. A locality shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations made by the zoning administrator or other administrative officials concerning any alleged violations of the locality's short-term rental ordinance. Inspections and enforcement of short-term rentals shall be consistent with regulations provided by the Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia).

4. A locality may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983 of the Code of Virginia.

§ 2. Nothing in this act shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia), the declaration of a common interest community as defined in § 55.1-1800 of the Code of Virginia, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq. of the Code of Virginia), or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (§ 55.1-1800 et seq. of the Code of Virginia).

2. That the provisions of this act shall apply to all short-term rentals, whether the ordinance of the governing body of the locality refers to such rentals as "short-term lodging" or by any other term.

3. That the provisions of this act shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the governing body of any locality to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia.