York short-term rental ordinance on the ballot: New rules for Airbnb and Vrbo rentals

YORK, Maine — Voters will be asked in May to approve a new ordinance regulating residential short-term rentals like those listed on Airbnb and Vrbo.

The Selectboard voted 4-1 Monday to forward the ordinance to the May referendum ballot after working on it for several months.

"I just don't think this is ready," said Selectboard member Michael Estes, on why he voted against the motion. "For us to pass this ordinance today with the number of questions still out there... It would be a bad choice to put this forward."

The ordinance would regulate short-term rentals in York for the first time despite their existence in the town for the last century.

It would also charge a permit fee for those who offer short-term rentals. While the board did not take a vote on the fee, board members suggested it be around $350 (for three years), which would cover the “hard costs” of implementing the ordinance.

The proposed ordinance would require owners of short-term rentals to undergo an inspection every three years. It would also set limits for occupancy to prevent rentals from becoming overcrowded.

The ordinance received praise from residential neighborhoods in places where rentals are common, like York Harbor. It has also faced significant pushback from owners of rentals who say the regulations are unnecessary given how long rentals have been allowed in town.

Board members have said the ordinance is necessary to ensure safety for guests, as well as to help regulate complaints about “party houses.”

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Why York officials pushed for short-term rental ordinance?

Technically, short-term rentals are not a permitted use in the town of York, according to town officials. Town officials say they began looking to regulate the rentals, however, in the last 10 years as complaints arose about party activity in residential areas.

The town previously considered an ordinance for residential short-term rentals in 2017 but tabled it after receiving negative feedback.

The issue came up again after the board received complaints last year from residents of the York Harbor section of town about short-term rentals causing disturbances.

The proposed ordinance would require all rentals to be permitted with the town effective Dec. 31, 2024. A lottery would then determine who would have their permit renewed and their health inspection by the town three, four and five years from then.

The ordinance requires the owner to have a certificate of insurance that expressly acknowledges the dwelling may be used for a short-term residential rental business activity. It also requires owners to comply with fire safety requirements such as having a fire extinguisher, smoke and carbon monoxide alarms and evacuation plan.

The ordinance allows two guests per bedroom, plus an additional two individuals. It also limits the number of people on the property to double the allowed occupancy for that home. Town Manager Peter Joseph said that was to prevent major outdoor events from forming in residential areas.

The number of guest vehicles allowed at the short-term residential rental shall be limited to the number of onsite parking spaces.

The ordinance also gives a mechanism to revoke a license if there are substantiated complaints of violations of York's town ordinances.

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Short-term rental owners mostly opposed to ordinance

While a majority of Selectboard members want to regulate residential short-term rentals, many property owners who rely on rentals for income spoke against the ordinance. They have argued that York has had short-term rentals for more than 100 years and fear new regulations will be an unfair burden.

On Monday, several pushed for the Selectboard to wait a year to do further study. One even suggested the board establish a committee similar to what they did with the proposed single-use plastics ban ordinance.

Joe Colwell said he was born and raised in York and bought his parents’ home 25 years ago, using it as a short-term rental for income. He said he has since had one or two rentals in York and has a good relationship with the neighbors in the neighborhood he rents.

Colwell believes the ordinance has not been crafted in accordance with the York comprehensive plan’s call for the Selectboard to conduct a study on rentals before crafting an ordinance. He also is concerned mandatory inspections will lead the town to reject permits for rentals in homes that, while otherwise safe, may not meet code.

“Some people, it could mean they can’t rent their property,” Colwell said. “That could impact the livelihood of year-round residents.”

This article originally appeared on Portsmouth Herald: York voters to decide on new rules for Airbnb and Vrbo rentals