Short-term rentals; localities' ability to restrict. (HB1362)

Introduced By

Del. Bill Wiley (R-Winchester) with support from co-patron Del. Glenn Davis (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Short-term rentals; localities' ability to restrict. Clarifies that short-term rentals may be operated in any locality in the absence of an ordinance pursuant to the locality's general land use and zoning authority restricting short-term rentals. Read the Bill »


02/16/2022: In Committee


01/31/2022Unanimous consent to introduce
01/31/2022Presented and ordered printed 22104334D
01/31/2022Referred to Committee on Counties, Cities and Towns
02/08/2022Assigned CC & T sub: Subcommittee #2
02/10/2022Subcommittee recommends reporting (7-Y 2-N)
02/11/2022Reported from Counties, Cities and Towns (21-Y 1-N) (see vote tally)
02/13/2022Read first time
02/14/2022Read second time and engrossed
02/15/2022Read third time and passed House (98-Y 2-N)
02/15/2022VOTE: Passage (98-Y 2-N) (see vote tally)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on Local Government
02/28/2022Continued to 2023 in Local Government (15-Y 0-N) (see vote tally)


Andrew Cohen writes:

I urge the Senate Committee on Local Government to NOT report this bill.

1. HB1362 is substantially similar to SB602 introduced by Senator DeSteph that this committee struck at his request. The basis for his request as stated to the committee and in and email and social media post to his constituents is that "At least 5 lawsuits have been filed related to this subject, which will be heard over the next 3 to 6 months. Because considerable discussion on the issue has now taken place and the fact that legal issues related to the matter are pending, I decided to strike the bill from further consideration. The real goal of this legislation was conversation, and that goal has been achieved.” This committee should set aside HB1362 and not report it for those same reasons.

2. Patrons of HB1362 stated in the House of Delegates Committee on Counties Cities and Towns that it simply resolves uncertainty for property owners in localities that have not yet passed ordinances to allow Short Term Rentals. However, this bill is much more problematic that it might appear. In response to recurring incidents of disruptive tenants and unresponsive property owners and operators, it took Virginia Beach over 3 years of public hearings and debate by a special task force, our Planning Commission, and our City Council to develop and enact Short Term Rental ordinances. So for localities like Virginia Beach that have enacted land use or zoning ordinances restricting Short Term Rentals, enacting HB1362 would mean that if any lawsuit, such as those mentioned by Senator DeSteph as noted above, succeeds in overturning local Short Term Rental ordinances then Short Term Rentals would immediately be allowed to proliferate without limitation anywhere in that locality during the years that it might take to develop and enact alternative ordinances.

Please do not report this bill. It is an unnecessary and unwelcome intrusion on local autonomy.