HomeMy WebLinkAboutO - Residential Rental Registry Ordinance Vol 1722 pg 283-295 2024-385 LR 1722 283
SOUTH BURLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOPTED F CBRUAR1 20, 2024
Filed for Record in
SOUTH BURLINGTON, VT
HOLD REES, CITY CLERK
02/22;2024 08:0000 Ai
Etk LP Vol 1722 Page 283 - 295
Residential Rental Registry Ordinance
40 ,4
southbuilington
VERMONT
Adopted: February 20, 2024
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2024-385 LR 1722 284
SOUTH 13URLINGTON RI_SI DEN TIAL RENTAL RLGICIR) ORDINANCE ,1DOI' I-L ) I LfRt 1\RY 20, 202-+
Table of Contents
1. Purpose and Authority Page 3
2. Definitions Page 3
3. Registration Required Page 5
4. Registration Fees Page 8
5. Requirements of Short-Term Rental Units Page 9
6. Violations Page 10
7. Enforcement Page 11
8. Civil Penalty; Waiver Fees Page 11
9. Other Relief Page 12
10. Severability Page 13
11 . Effective Page 13
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2024-3R5 LR 1722 28
SOLI Ill RLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOf FED FERRLAR1 20, 2024
The Council of the City of South Burlington hereby Ordains:
1. Purpose and Authority.
This Ordinance is enacted to promote the public health, safety and welfare of the City under
the authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington
City Charter. Due to an ongoing increase in the number of rental dwelling units in the City of
South Burlington, continued and projected population growth in the City, the aging of some
of the City's housing stock, and the existing and potential future conversion of permanent
housing into short-term accommodations, the Council hereby finds that the regulation of
rental dwelling units is necessary to maintain and protect the public health, safety and welfare
of the City and its residents. This Ordinance is intended to provide a process:
• through which dwelling units used for rental housing must be registered with the City
of South Burlington for use as long-term or short-term rentals;
• to disclose the ownership of such rental properties;
• to regulate the renting of dwelling units within the City;
• to make owners and persons responsible for the maintenance of property more
accessible and accountable with respect to the premises;
• to ensure that housing units remain available for rent to those who reside or seek to
reside within the City;
• to ensure that the City is not unduly impacted by the operation of short-term rentals;
and
• to ensure that owners and tenants of rental dwelling units comply with all building,
health and fire safety codes and ordinances adopted by the City of South Burlington.
This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59.
2. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
Existing Short Term Rental shall mean a Short Term Rental Unit that is neither Owner
Occupied nor Tenant Occupied and was established and utilized as a Short Term Rental,
continuously maintained under the same ownership, prior to the effective date of this
Ordinance and such use has not been discontinued for six or more consecutive months.
Long Term Rental shall mean the letting of a Rental Unit in whole or in part to the same
tenant for thirty (30) or more consecutive days.
Multi-Unit shall mean a single, detached building in common ownership interest containing
more than one (1) residential or commercial unit.
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SOUTH BURLINGTON RESIDI NI IAL RENTAL RLGISI RI" ORDINANCE 1DOPI I=D LLBRUARI 20. 2024
Owner-Occupied shall mean a Rental Unit owned and occupied by the registrant as his or her
primary residence. An accessory dwelling unit as defined in the City's Land Development
Regulations, is considered a separate dwelling unit from an owner-occupied primary
residence for purposes of short-term rental registration and regulation.
Owner shall mean each individual person or entity including, without limitation, all partners,
officers, or trustees of any real estate trust; all members or managers of a limited liability
company; and all officers and directors of a corporation; that is the record owner of a building
or property.
Primary Residence shall mean the dwelling in which a person resides as their legal residence
for more than one half of a year and registers as his or her address for tax and government
identification purposes.
Registrant shall mean the owner of a Rental Unit, or a tenant, with permission from the
owner, seeking to register a Rental Unit.
Rental Unit is any residential structure, furnished house, condominium, or other dwelling
room or self-contained dwelling unit, or portion thereof, that is rented or available for rent to
any individual or individuals for any length of time. Any portion of a dwelling unit or
accessory dwelling unit that is rented or available to be rented to an individual or individuals
who are not the owner or owners shall be considered a Rental Unit. The following are not to
be considered Rental Units for the purpose of this Ordinance:
• As defined by the City's Land Development Regulations: motels, hotels/inns, bed and
breakfasts, group homes, dormitories, continuum of care facilities, skilled nursing
facilities, extended stay hotels, schools, and hospitals;
• As defined by 24 V.S.A. §4412(11): accessory on-farm businesses;
• As defined by 24 V.S.A. §4303(40): Emergency shelters;
• A homeshare or roommate situation in an owner-occupied Primary Residence rented
to the same tenant or tenants each for thirty (30) or more consecutive days and
consisting of no more than one or two rooms in the Primary Residence in which the
tenant or tenants have access to the same shared living and kitchen space as the
primary resident owner and other occupants of the unit; or
• Other facilities that, in the sole discretion of the City Building Inspector, share similar
characteristics with those listed in the three bullets above.
Short Term Rental is a Rental Unit rented to the transient, traveling, or vacationing public for
a period of fewer than 30 consecutive days and for more than 14 days per calendar year.
Tenant-Occupied shall mean a Rental Unit in which the registrant is not the record owner of
the Rental Unit, but lawfully occupies the Rental Unit as his or her primary residence.
3. Registration Required.
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(a) Registration of Rental Units.
1) All Rental Units must be registered in accordance with this Ordinance by
April 1st of each year; Rental Units entering the rental housing market must
be registered and pay the appropriate fee prior to their listing as an available
Rental Unit or prior to their first occupancy, whichever is earlier.
Registration must be renewed annually, on or before April 1st, including
updating all changes in previously submitted registration information.
2) If a Rental Unit is rented as both a Short Term and Long Term rental, it
must be separately registered for each type of rental.
3) Each owner, manager, and person/entity otherwise responsible for the
Rental Unit, such as a property manager, shall be obligated under this
Ordinance. Any new owner, manager, or responsible person/entity must
apply to register within thirty (30) days of purchase of the Rental Unit or
transfer of management or responsibility. New owners or tenants applying
to register an existing Short Term Rental Unit are considered new applicants
and shall be subject to all limitations and regulations in effect at the time of
the application.
4) A Rental Unit shall not be considered registered unless and until the
registrant has submitted a complete application together with all
information and fees required by this Ordinance, to the satisfaction of the
City's Building Inspector, or designee.
5) As a condition of registration, all owners and/or registrants must allow
onsite inspections by the City of their property including,without
limitation, all Rental Units. Inspections will be performed in accordance
with the Inspection Cycle adopted by Resolution of the City Council. All
units of a multi-unit building owned by the same property owner are
subject to inspection, including an owner-occupied unit that is not a Rental
Unit, if one or more units in the building are Rental Units. Likewise, all
areas of an owner-occupied dwelling are subject to inspection if any portion
of the owner-occupied dwelling is a Rental Unit. The purpose of this
inspection is to ensure compliance with all building and fire safety codes,
ordinances, and regulations adopted by the City of South Burlington and
safety of the Rental Unit.
(b) Information/Documentation Required. Rental Unit registration must be completed
on forms supplied by the City's Building Inspector or their designee and must
provide, at a minimum, the following information:
1) The address of the property;
2) The number of dwelling units at that address;
3) The number of Rental Units at that address;
4) The number of sleeping rooms in each Rental Unit;
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SOUTH 13URLI NGTON RLSIDLN HAL RIIN LAI REGISTRY" ORDIN:ANCL ,ADOTTED IL1 RU;ARY 20, 2024
5) The number of parking spaces that are dedicated for the Rental Units at the
property;
6) The name, address, phone number, and email address of the property
owner, and if the owner is a corporation, the registered corporate agent and
the president of the corporation and their name and address, and if the
owner is a partnership, the registered partnership agent, and the names and
addresses of the general partners;
7) The name, address, phone number, and email address of:
a. Any local (within Chittenden County) managing agent. All owners
or Registrants who do not live within Chittenden County are
required to designate a managing agent located in Chittenden
County who is empowered to represent the owner or registrant in
matters concerning compliance with this chapter;
b. An emergency contact for this property. All properties must have an
emergency contact within Chittenden County;
(c) Additional Information required for Short Term Rentals. To Register a Short Term
Rental, the requirements of this subsection must also be met. A Short Term Rental
shall not be considered registered unless and until all the registration requirements
of this Ordinance have been met to the satisfaction of the City's Building Inspector,
or designee, and a Short Term Rental registration number has been issued.
1) A Short Term Rental Registrant must provide at a minimum the following
information and any other information requested to the City's Building
Inspector or their designee:
a. A Short Term Rental application.
b. The number of whole unit or partial unit Short Term Rentals within
the building, or in the case of multiple buildings on a parcel of land,
on the entire lot.
c. Whether the Rental Unit is Owner-Occupied, Tenant-Occupied, an
accessory dwelling unit, or an Existing Short Term Rental, and:
i. For Short Term Rental Units that are Owner Occupied or an
accessory dwelling unit, the owner must provide a primary
residence affidavit, on forms provided by the City The
owner must also produce for review one of the following
demonstrating residency at the owner-occupied unit or at the
primary residence to the accessory dwelling unit:
1. Valid driver's license or other state-issued identification;
2. Valid motor vehicle registration;
3. Proof of homestead exemption pursuant to 32 V.S.A.
§5410; or
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SOUTH BURLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOPTED 11-13RUARY 20, 2024
4. Other documentation proving primary residence to the
satisfaction of the City's Building Inspector.
ii. For Short Term Rental Units that are Tenant-Occupied, the
tenant must provide their name, address, phone number,
email address, a primary residence affidavit, and a statement
of permission by his/her landlord, both affidavits on forms
supplied by the City. The tenant must also produce for
review one of the following demonstrating residency at the
Tenant-Occupied unit:
1. Valid driver's license or other state-issued identification;
2. Valid motor vehicle registration; or
3. Other documentation proving primary residence to the
satisfaction of the City's Building Inspector.
iii. For Existing Short Term Renal Units, in addition to all other
requirements for Short Term Rentals, the Registrant must
also provide:
1. Documentation establishing to the satisfaction of the
City's Building Inspector that the Rental Unit was
established and utilized as a Short Term Rental prior to
the effective date of this Ordinance;
2. Registrant and owner's name, addresses, phone number,
and email address;
3. An Existing Short Term Rental affidavit on a form
supplied by the City identifying the owner of the Rental
Unit and swearing that the Existing Short Term Rental
Unit was established and utilized as a Short Term Rental
Unit as of the effective date of this Ordinance and
without discontinuance of use as a Short Term Rental
Unit for a period greater than six months; and
4. Property Deed or other similar documentation
establishing the identity of the current owner of the
Rental Unit; and
5. Documentation establishing to the satisfaction of the
City's Building Inspector that the Rental Unit did not
cease to be utilized as a Short Term Rental Unit for a
period of time greater than six consecutive months.
d. Proof of liability insurance required. At the time of registration, the
Registrant must provide a certificate of insurance that expressly
acknowledges that the property may be used for Short Term Rental
business activity and evidencing (a) property insurance and (b)
general liability insurance appropriate to cover the rental use in the
aggregate of not less than $1 million or proof that the Registrant
conducts rental transactions through a hosting platform that
provides equal or greater coverage. Any such hosting platform-
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SOUTH I3URLI NC;TON RLSIDLNTIAL RENTAL_ REGISTRY ORDINANCE ADOPTED [EI RUARY 20, 2024
provided insurance carrier shall defend and indemnify the
Registrant, as additional named insured, and any user in the
building for any bodily injury and property damage arising from the
rental. Once registered, the Registrant shall maintain the required
insurances, or such greater amount as otherwise required by law,
throughout the term of the registration.
e. Proof of Vermont tax account for rooms & meals and/or sale tax
purposes or proof that the Registrant conducts rental transactions
through a hosting platform that pays all applicable rooms & meals
and/or sale taxes on behalf of the Registrant.
2) Upon request by the City, at any time, all registrants and/or agents of Short
Term Rental Units must provide the City with their registration
information, rental history, and upcoming reservation information. Failure
of Short Term Rental Unit owners, tenants, and/or their representatives to
adequately respond to inquiries by the City within 10 business days from
the date of the request shall be considered a violation under this Ordinance.
(d)No registration under this Ordinance shall be transferrable or assignable.
4. Registration Fees.
(a) Annual Registration Fee. Upon initial registration and.by April 1st of each year,
registrants shall pay the City a registration fee for each Rental Unit, in the amounts
adopted by Resolution of the City Council. A Rental Unit shall not be considered
registered unless and until this fee is paid in full.
(b) Failure to renew a registration of a Rental Unit by April 1 shall result in the
forfeiture of the right to renew the registration of that Rental Unit, and any
subsequent application for the same Rental Unit shall be treated as a new
application for registration.
S. Requirements of Short Term Rental Units.
(a) Occupancy Limit. Overnight Short Term Rental guest occupancy in each Rental
Unit will be limited to two (2) guests per bedroom or sleeping area plus no more
than two (additional) guests.
(b) Short Term rentals shall adhere to all City of South Burlington regulations and
ordinances related to parking.
(c) No individual or entity may register a Short Term Rental unless it is owner-
occupied, tenant-occupied with permission of the owner, or an accessory dwelling
unit.
(d)An Existing Short Term Rental Unit that is not owner-occupied, tenant-occupied
with permission of the owner, or an accessory dwelling unit is exempt from the
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SOUTH UURLING'ION RI SIDI NTIAL RLNTAL RLGIS"I R1 ORDIN;INCL \DOI' I 1 1) 1 1-13R1' \I\ 20). 20.2+
requirements of Section 5(c), above, and may be registered as a Short Term Rental
provided:
i. Ownership of the Existing Short Term Rental Unit does not change. Once
ownership of the Existing Short Term Rental is sold or transferred from
the owner of the unit at the time the effective date of this Ordinance to a
different entity or individual(s), the Rental Unit shall no longer be allowed
to register as a Short Term Rental unless all other Short Term Rental Unit
requirements of this Ordinance are met; and
ii. The Existing Short Term Rental Unit is established and utilized as a Short
Term Rental prior to and upon the effective date of this Ordinance; and
iii. An Existing Short Term Rental shall not cease to be utilized as a Short
Term Rental for a period of time greater than six consecutive months. If
use of an Existing Short Term Rental Unit as a Short Term Rental is
discontinued for six months or more, the Rental Unit shall no longer be
allowed to register as a Short Term Rental unless all other Short Term
Rental Unit requirements of this Ordinance are met.
iv. Sunset. Existing Short Term Rentals that meet the requirements of this
Ordinance may continue to operate and be registered as a Short Term
Rental until March 31, 2028. On April 1, 2028, the exception allowing for
the operation and registration of Existing Short Term Rentals shall expire
and from that point forward, all Existing Short Term Rentals must satisfy
all of the requirements of Short Term Rental Units set forth in this
Ordinance, including but not limited to Section 5(c), above.
(e) Registrants shall comply with all applicable State laws and regulations regarding
Short Term Rentals.
(f) Short Term Rentals must be serviced and cleaned before each new guest arrives
and guests must be provided with soap, clean linen, and sanitized utensils.
(g) Registrants shall provide guests written documentation with the following
information:
1) The name, phone number, and email of the Registrant and, if not the
Registrant individually, an emergency contact within Chittenden County
who is available at all times during a guest's rental.
2) Contact information for the City Fire Marshal.
3) Written instructions on the location and use of fire extinguishers
4) Written instructions on emergency shut-off of heating systems and fuel
burning appliances
5) A diagram identifying emergency egress routes
6) A copy of South Burlington's Public Nuisance Ordinance.
(h)No pets are permitted in any Short Term Rental unless guests provide proof of valid
rabies vaccine and hosts provide information on the City's leash and pick-
up/disposal of pet waste requirements and the presence of ticks in Vermont.
(i) Display of Short Term Rental Registration Number Required. Once registration is
approved by the City, each Short Term Rental shall be given a registration number,
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SOUTH 13URLINGION RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOPTED I I BRUARY 20, 2024
which must be displayed in plain sight in the Rental Unit and in any and all
advertisements for the Rental Unit.
(j) Short-Term Rental guests shall not sublease, sublicense or assign all or any portion
of the Short-Term Rental to another person during the rental period.
(k)Parties, conferences, family reunions, weddings, fundraisers or similar gatherings
that are reasonably foreseeable to involve an assemblage of vehicles or a greater
number of persons than the maximum allowable number of short-term guests for
the Rental Unit are prohibited to be conducted by Short-Term Rental guests during
a Short-Term Rental.
6. Violations.
Violations of this article include, but are not limited to:
(a) Any person, business entity, or other organization failing to timely register or
renew the registration of a Rental Unit, including providing all required
information and paying the required registration fee;
(b) Any person, business entity, or other organization failing to timely file any
required update to the registration;
(c) Any person, business entity, or other organization failing to acquire and/or display
the required Short Term Rental registration number;
(d) Any person, business entity, or other organization providing false information
with respect to registration.
(e) Any person, business entity, or other organization renting any Rental Unit that is
not registered under this article, advertising for rent such Rental Unit without
registration, or permitting the occupancy of such premises without registration;
(f) Failure of Short Term Rental Unit owners, tenants, and/or their representatives to
adequately respond to inquiries by the City pursuant to Section 3(c)(3) within 10
business days from the date of the inquiry.
(g) Failure to maintain a Rental Unit in compliance with all building, health and fire
safety codes and ordinances adopted by the City of South Burlington.
(h) Failure to allow an inspection of a Rental Unit by the City.
(i) Failure to conspicuously display within each Short Term Rental Unit the current
and valid name, address and phone number of the Short Term Rental operator
(whether the owner, tenant, on-site manager, or property manager) and the City
Fire Marshal.
(j) Any sublease or sublicense of a Short Term Rental by a guest to another person
during the rental period.
(k) Any signs or other outside indications, other than on-site parking, that a property
is used or occupied as a Short Term Rental.
(1) Noise or unreasonably loud activities at a Short Term Rental, whether inside or
outside, that violate the City's Public Nuisance Ordinance.
(m) Failure to abide by any other specific requirement of this Ordinance.
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SOUTH BURLINGTON RLSIDLNTI:-1L REN [\L REGISTRY ORDINANCE ADOPT [[BRUAR1 20, 202-+
7. Enforcement.
Any person who violates a provision of this civil ordinance shall be subject to:
(a) Suspension or revocation of the Short Term Rental Unit registration for the
violating Rental Unit. A Short Term Rental Unit that has had its registration either
suspended or revoked may also be prohibited from renewing or registering the
Rental Unit for a period of up to 12 months following the current registration
expiration date.
AND
(b) A civil penalty of up to $800 per day for each day that such violation continues.
Each day the violation continues shall constitute a separate offense. The Building
Inspector, City Fire Marshal, South Burlington Police Officers, South Burlington
Zoning Administrator, and the South Burlington City Manager shall all be
designated and authorized to act as Issuing Municipal Officials to issue and pursue
before the Judicial Bureau, or other court having jurisdiction, a municipal
complaint.
8. Civil Penalty; Waiver Fees.
(a) Civil Penalty. An Issuing Municipal Official is authorized to recover civil penalties
in the following amounts for each violation:
(1) Operating a Rental Unit Without Authorization or Registration Number: $800
(2)All Other Violations:
First Offense: $400
Second Offense: $600
Third Offense: $800
Fourth and Subsequent Offenses: $800 plus automatic revocation for
twelve (12) months before a new
Long Term or Short Term Rental
Registration Application may be
submitted.
(b) Waiver Fee. An Issuing Municipal Official is authorized to recover waiver fees, in
lieu of a civil penalty, in the following amount, for any person who declines to contest
a municipal complaint and pays the waiver fee:
(1) Operating a Rental Unit without authorization or registration number: $500
(2)All Other Violations:
First Offense: $100
Second Offense: $250
Third Offense: $500
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SOUTH BURLINGTON RESIDENTIAL RENTAL RLGIS"I RI ORDINANCE ADOPTED I LBW JAR) 2(). 2024
Fourth and Subsequent Offenses: $700 plus automatic revocation for
twelve (12) months before a new
Long Term or Short Term Rental
Registration Application may be
submitted.
(c) Offenses shall be counted on a twelve (12) month basis beginning April 1 and
ending March 31 of each year. An Issuing Municipal Officer shall have
authority to issue a written warning, without recovering a waiver fee, for any
First Offense violation other than Operating a Rental Unit Without
Authorization of Registration Number. In such instance, the written warning
shall be counted as a First Offense for calculating annual offenses.
9. Other Relief.
In addition to the enforcement procedures available under Chapter 59 of Title 24, the
City is authorized to commence a civil action in the Civil Division of the Vermont
Superior Court to obtain injunctive and other appropriate relief, to request revocation
or suspension of any Long Term or Short Term Rental authorization or registration
number on behalf of the City, or to pursue any other remedy authorized by law.
10. Severability.
If any provision of this ordinance is deemed by a court of competent jurisdiction to be
unconstitutional, invalid or unenforceable, that provision shall be severed from the
ordinance and the remaining provisions that can be given effect without the severed
provision shall continue in effect.
11. Effective Date.
In accordance with South Burlington City Charter Section 108, this Ordinance shall
take effect upon passage. However, in order to allow time for residents and property
owners to become familiar with the requirements of this Ordinance, the prohibitions
on certain types of short-term rentals, and the penalties for violations of this
Ordinance, compliance with the requirements of this Ordinance shall not be
mandatory until April 1, 2024. Notwithstanding the foregoing, the date of passage
shall be the effective date for determining whether an Existing Short Term Rental Unit
has been established.
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SOUTH BURL INGTON RLSIDENTI1I_ RE NT",L REGISTRY ORDINANCE ADOPTED I LIBIRUARY 20, 2024
[THIS SPACE INTENTIONALLY LEFT BLANK]
Adopted at South Burlington, Vermont this 2O{day of��bwcwY , 202-`t
SOUTH BURLINGTON CITY COUNCIL
�1Cn � Lt-k...."(
X�j� Alam!t v- o F,,,-vVl..,
Hele ..Riehle, Chair Meaghan E " X ice Cha.
i /f214,--;4---- 2
Tim Barritt, Clerk Andrew Chalnick
L„,..v...„ V.\i' --(171,-........--,
Larry Kupfzrman
Received and recorded this Ar day of Pe-A:,A (9, 2024.
Lik:
Holly Rees,_ ity Clerk
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END CF DOCUMENT
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