@Thadeous Larkin @Joe Splitrock
A really interesting topic, and one that I'm sure has similar matches in other cities/states as AirBnB/STR become more popular, widely used, and as more brokerages/investors incorporate STR into their overall business model.
I want to weigh in, but will first identify my bias in that I believe property rights to be absolute and natural (immune to regulation and restriction). I truly feel that what you do with your property (provided it does not directly infringe upon the natural rights of others) is up to you; let the economy and social contraction determine how a city develops. For sake of argument, however, I'll concede that there will always be a government presence, and I look to find ways to limit regulation and restriction to the least amount possible in order to promote creativity, free enterprise, and growth.
That being said...
Let's examine and attempt to determine the intent behind the proposed regulation, and weigh the merits of the attempt to benefit the greater good:
1) Occupancy: again, while I disagree with limiting how an individual opts to use their domicile, at least this one lends itself to resource use. I can make the logical leap between the number of persons utilizing water, electric, and most importantly sewer, and what demands are put on the infrastructure in place. Where this argument breaks down is when you look at larger families that opt to occupy smaller residences. For example, let's say Owner A and his family live in a 1500 sqft, 3BR/2BA in Sunnyville; Owner A is married, has 6 children (ages 12-18), and 4 dogs. Assuming the owner sleeps in one bedroom with his wife, and the children share the other 2...that leaves 3 children per room, not to mention the pets.
Conversely, you have AirBnB Tenant "B" who opts to rent out the same property for a week for himself, his wife, his best friend, and two other couples for their upcoming trip (7 adults); the AirBnB host has determined the house can easily accomodate 8 persons (3 beds, one pull out couch), but would be restricted from doing so since his property is a "3 Bedroom" on paper.
Who is putting more demand on the property? 2 Adults + 8 Kids (and dogs) living full time, or 7 Adults using the space for a retreat at the end of the day? Even if you conceded the argument that adults leave "more" of a footprint on the environment/neighborhood, why does this change between an owner-occupant and a renter? How is the functional use of the property (sleeping, living, eating) changing between the two groups? If you're going to limit occupancy to "(2) persons over the age of 12 per room," then I would assume you would also place the same limitations on owner occupants...otherwise, how have you mitigated the issue? (Again, I would prefer neither group be limited). Additionally, I have qualms on the assertion that parking/traffic is an inherently negative attribute of STRs, again, because it applied without recognizing how an owner occupant utilizes the property during their routine (maybe they have 6 cars...maybe they have deliveries scheudled every day...maybe they choose to throw house parties for their family and friends once a week).
2) Density (as proposed): Wow...this one screams slippery slope and significant impacts to investors. When I perform my due dillegence in assessing a property for investment purposes, I am most certainly including a determination of its capacity to perform as a short-term and long-term rental (I want to retain multiple exit strategies).
From a macro-perspective, this regulation would limit the creativity of investors to take otherwise non-performing and derelict properties and turn them into updated, economy-strengthening assets. I try to avoid the thought of a scenario where I or an investor seeks a property in a particular neighborhood because of its proximity to amenitiy "ABC," but find out that:
- the "cap" of STRs for the neighborhood has already been reached; how is this determined?
- the property I'm looking at is the only/last one available, and it happens to be 4 lots away from the nearest STR; this decreases the value of the "landlocked" properties as they can no longer be used as STRs
- because of the dimensions of the architecture, or the way units are laid out (multi-family), I'm not permited to turn one of these units into a STR because of its proximity (<500') to other similar units; would this apply to apartments? townhouses? duplex/triplex? shotgun/row homes?
As Thadius mentioned, how is this going to be tracked? Will some branch of the local municipality keep a running tally of who/where STR licenses are dolled out? Who determines how many STRs the city/township can hold? How long can one hold a STR license? Will it transfer with a deed? Will these licenses then act like currency due to their inherent value? How will this information make its way to sellers/buyers? What impact will this have on areas of HIGH tourism, where vacation renters ARE the lifeblood of the economy? I woe the day that I have to represent an investor searching for their next property, only to have to inform them that this particular property CAN'T be used for their business model because of a density regulation.
I can already hear the "well Mark, if these properties don't work for their model, they should look elswewhere." Guess, what, they WILL! And their money, talent, businesses, jobs, education, experience with them.
Think of the impacts to pricing when applied to simple supply/demand...you (the government) artifically limit the supply (available STRs) -> prices for STRs go up due to limited supply with the same influx of renters -> more people turn to hotels as the more affordable option -> properties lose their ability to support STRs due to increased vacancy -> property values decrease; not to mention that many tourists opt to stay at AirBnB BECAUSE of their unique experiences; strip that away, and you've removed of a facet of your tourism industry.
Ultimately, I am dissapointed every time I hear about support for these-type restrictions (especially from investors in the BP community) because it eats away at possibilities...possibilities that newer investors are using to a find a leg-up any where they can; how have we become so elitist in our mindset that we diminish one investing strategy over another? In my area, in particular, long-term rentals are becoming a less feasible approach to buy-n-hold investment strategies as the price of homes outpaces the growth in rental rates. Many, I mean...MANY owners/investors are turning to STRs as a way to supplement their income and/or find a means to offset the higher mortgage costs.
I do want to touch on the "impact on neighborhoods" and "security of your investment" comments that mirror much of what a typical HOA is founded upon. I won't argue that STRs change the dynamic of a neighborhood...there are facts to base an argument on, such as higher turnover, but I will argue that the predicted dynamic is much different than the actual dynamic. Much in line with Thadeus' arguments, HOW has this "destruction of the fabric of the neighborhood" been documented? Higher crime? Lower school scores? Economic/job stagnation? Rise in property destruction/abandonment? What exactly are you (a supporter of the regulation) trying to avoid and/or prevent? It seems ethereal, and reeks of fear of change/diversity in community makeup more than any attempt to secure an investment. Again, "Keep the Vacationers Away" is a sure fire way of undermining your entire enconomy.
If a group of homeowners truly wishes to prevent their neighbor from performing activity "XYZ" in their proximity, there are social constructs in place for that (HOA, peer pressure, "gentlemen's agreement"); these entities/ideas work well because they are limited in scope and require buy-in. Why overlay a generalized restriction on the entire community without volunteer participation? Better yet, if 99% of the community decides they want to prevent their own residences from being used as a STR, they are more than capable of doing so through their own means...in other words, don't participate in the STR market.
Truly, if your property rights (possession, USE, enjoyment, disposition, exlusion) are not negatively impacted, why is what your neighbor does inside the bounds of their home any interest of yours, or the city's for that matter?
I do enjoy the opportunity to be shown the light and proven wrong in my assumptions, but I have yet to hear a convincing, facts-based assertion regarding the impact of STRs on a community; on the other hand, I see greater influence of government on personal property rights under the guise of communal protection. If anything, I know of many business owners that welcome the influx of tourism and renters. I think we can all agree that a town full of HOA-driven communities is NOT what drives growth, and therefore value. Truly, safety and security of oneself and belongings are paramount, and I won't begrudge a neighborhood from installing a gated fence, nor measures to encourage (not force) character/architecture retainment, but again, I have yet to see any data that support increases in crime or poor performance due to the presence of STRs - more importantly, then, is ensuring the city/municpality is afforded the oppportunity to welcome in visitors;
Businesses thrive, jobs are created, demand for the area and its amenities increases, and values rise, which is something ALL investors want.