City of Santa Proposed Changes to Short Term Rentals

June 16th, 2020 8:53 PM by Gabriel Leyba

The City of Santa Fe is proposing Changes to the Short Term Rental Laws.  These could affect your property rights.  We suggest reviewing the proposal and if you have any questions please feel free to contact one of the talented Realtors at Leyba Real Estate LLC.   www.LeybaRealEstate.com


Proposed Changes to City Short Term Rental Laws

 

  • Grandfather all existing units, while
  • Prospectively limiting the number of short term rental permits to one per natural person, as defined as an individual human being, as opposed to an organization of any form or a business entity.
  • Prospectively limiting the proximity of short term rentals on residentially-zoned property, if the subject property is located within a 75 foot radius of a residentially-zoned property that has a permitted short term rental unit.
  • Require a local operator for short term rental units to adopt recordkeeping and reporting requirements for short term rental unit owners and host platforms.  If the host platform collects rent for a short term rental unit, then the host platform must also maintain such records. Specifically, for current calendar year and three immediately preceeding years, the following:
    1. The total number of times and number of nights that the unit was rented to guests each calendar month;
    2. The total amount of rent paid by guests by month, and
    3. The total amount of each type of tax and fee paid to the city for in connection with rental of the unit by month.
  • Limit short term rental permits to 25% of a multi-family development that contains four (4) or more dwelling units. 
  • Reduce from 3 times to 2 times the number of legally allowed occupants (guests) for any gathering. 
  • Require host platform operators to list city business license number with rental and a monthly report to the city to include:   total number of short term rental unit listings and owners in the city; total number of times and nights each unit was rented to guests each calendar month; and the total amount of revenue collected from all rentals through the host platform in the city, including rent and each type of taxes and fees.
  • Reduce the annual short term rental fee from $325 to $290.
  • Eliminate the requirement for adequate insurance or proof of insurance.
  • Adds the ability of the Land Use Director to request additional information, documentation, and submittals.
  • Prior to issuance of a short term rental permit, the owner of the unit must have a certificate of occupancy to ensure compliance with all applicable codes and a city business license.
  • As of May 28 2020, the city has the following short term rental permits:

 

Accessory

24


Residential

719


Residential Subtotal


743

Non-Residential

84


Resort

3


Non-Residential Subtotal


87

Total All Types

830


 

Posted by Gabriel Leyba on June 16th, 2020 8:53 PM