Permanent residents also have the right to enjoy their property, negate nuisances and protect property values. Thats the worst kind of public policymaking, he said. The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state. Rigterink sees the law as ripe for litigation. However, local officials say that does little to address the erosion of neighborhoods, quality of life issues, home values and other problems associated with short-term occupants. Follow Michigan Advance on Facebook and Twitter. Bill tracking in Michigan - HB 4722 (2021-2022 legislative session) - FastDemocracy Introduced Apr 27, 2021 Passed House Oct 27, 2021 Passed Senate Signed into Law HB 4722 Michigan House Bill Did you know we offer free bill tracking in Congress and 50 states, and a great mobile app? HB 4722 would amend the Michigan Zoning Enabling Act of 2006 to define and add the term "short-term rental" to the Code as a residential use of property that is permitted in all residential zoning districts. The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. The ordinance has been in place since 2014, prohibiting new vacation rentals in residential districts, but Petoskey still has a problem with STRs operating illegally. 104, District Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. To amend the law that authorizes local zoning restrictions on property owners so as to explicitly establish that short term "Airbnb" type rentals are not subject to any "special use or conditional use . Ottawa County has also opposed it. I dont have two identical townships. A single-family home was sold and renovated into a short-term rental. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. . Please see our republishing guidelines for use of photos and graphics. 64. Additionally, Rigterink takes issue with how the substitute handles zoning, saying allowing nuisance ordinances is a reactive instead of proactive solution to problems that may arise with renters. Last week, Rep. John Damoose, R-Harbor Springs, and Rep. Jack OMalley, R-Lake Ann, proposed House Bill 4985. We are doing it well; we are doing it the way it was meant to be done, McGinnis said. Several of the hotels in Holland Township opened in the past three years. Grand Rapids needs to add more than 9,000 housing units over the next four years to keep up with demand, city manager Mark Washington said. The Park Township Board of Trustees formally opposed the House and Senate bills in a resolution approved over the summer. House Bill (HB) 4722 says short-term rental properties can't be banned, be subject to a conditional use permit, or be considered a commercial property. But having too many short-term rentals on one residential street causes unintended problems. According to city documents, there are more than 12,000 residential units in the city of Holland, based on data from 2011-2015. Locals are using zoning to prevent nuisances she said. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. The bill would not prohibit zoning ordinance provisions that regulate noise, advertising, traffic, or other nuisances related to the rental of a dwelling, but only if such regulations are applied consistently to owner-occupied residences as well. Rigterink disagrees and said that is the whole point of zoning for conflicting uses. Michigan Democrats in the state Legislature took the final step to pass gun safety measures Gov. Thirty percent of 12,185 is 3,655 meaning if HB 4722 were to become law as written, Holland couldnt set a limit on the number of short-term rentals below 3,655. Proponents of the bill say that its passage will help property owners earn extra income and will give tourists more lodging options. Each community is different. Each one has different needs and different makeups. Advocates, Misogyny is fueling the countrys gun violence epidemic,, Across the country, a big backlash to new renewables is. Holland is another West Michigan community that has enacted local ordinances to manage short-term rentals, permitting them in commercially zoned areas such as the downtown. If you notice any inconsistencies with these official sources, feel free to file an issue. as long as such regulations are applied consistently to owner-occupied residences as well. Each one has different needs and different makeups. 105, District Jennifer Rigterink, Michigan Municipal League legislative associate, called the substitutes laughable as a solution. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. , but bills havent gained traction until last month. To me, this is a prime example of cities being allowed to legislate for themselves, Murphy said. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not Why are they getting more out of this than the person who lives next door? The Michigan Municipal League is among the groups opposing the bill. The solution I brought forward ends these bans while creating consistency and restoring the rights of Michigan families, so they can invest confidently in a home without worrying whether they will unexpectedly lose the ability to rent that home if they choose, she added. But when warm weather rolls around, you soon discover a revolving door at the house next door. and Senate Bill 446 (Sen. Aric Nesbitt, R- . Although short-term rentals have been a concern in resort communities for several years, the issue has expanded to inland cities and rural townships due to a general housing shortage. HOLLAND The Michigan House of Representatives stayed in session through the early hours of Wednesday morning, passing a bill that local officials say will largely strip communities of their ability to regulate short-term rentals. There has been some movement. Rather, it is a residential use of property and should be permitted in all residential zones. HB 4722 passed Michigan's House with a vote of 55-48. replaced it as a 20-person Airbnb that completely wrecked our neighborhood, he said. Zoning is intended to regulate conflicting land uses and problems that ensue, and communities zone based on master plans, local needs, and the Michigan Zoning Enabling Act. Many lakeshore communities have enacted similar ordinances in recent years in an effort to preserve housing stock and residential neighborhoods, maintaining that short-term rentals are a commercial use of property. WHEREAS, While the amendments to HB 4722 as passed by the House emphasize the ability of local governments to inspect properties for health and safety . McGinnis has attended previous legislative hearings in Lansing to address attempts to change the law. Please see our republishing guidelines for use of photos and graphics. The Village of Suttons Bay has decided to grandfather in existing short-term rental licenses and reduce the number through attrition, while looking at ways to update the ordinance and right-size the number of short-term rentals. HB 4722 is supported by Airbnb, the Michigan Association of Realtors and the Rental Property Owners Association. In Leelanau County, another popular vacation destination, villages and townships continue to grapple with the issue. The Village of Suttons Bay is reexamining its current ordinance after complaints from residents and even hired a firm, Beckett & Raeder of Ann Arbor, to research short-term rental regulations in communities around Leelanau County and elsewhere. The people in Lansing have no concept about what this bill will do to local municipalities.. Beckett & Raeder report, the village currently has 61 operating short-term rentals, which represents 13% of the communitys total housing stock. Bill authors are adamant that the. The substitutes would keep short-term rentals from being zoned out of existence, but would not stop local ordinances from regulating noise, traffic, advertising and capacity. Representatives from Michigan Township Association testified in opposition to HB 4722 at early House committee hearings and. We have had a long history of dealing with short-term rentals and a set of regulations that are strongly supported by our community.. Rep. Sarah Lightner, R-Springport, sponsored 4722. 2023 Advance Local Media LLC. Besides taking business away from traditional hotels, short-term rentals arent subject to the same taxes or regulations. A 30% reduction in use during the winter months has other implications. DONATE, by Marla R. Miller, Michigan Advance November 27, 2022, SUPPORT NEWS YOU TRUST. 0:01. http://legislature.mi.gov/doc.aspx?2021-HB-4722, SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 10-10-22), Summary as Passed by the House (11/2/2021), Summary as Reported from Committee (6/24/2021), District Many lakeshore communities have already adopted short-term rental ordinances that officials say are in the best interest of local residents and homeowners. their names from the bill, in a somewhat unusual move. They also create added costs for inspections and code enforcement, which are a strain on public resources. Right now, we just have under 300 short-term rentals, McGinnis said. One issue hinges on whether short-term rentals are considered commercial use. WHEREAS, Michigan Senate Bill 446 and its companion legislation House Bill 4722, seek to amend the Michigan Zoning Enabling Act, to define a short-term rental as any rental of not more . If HB 4722 becomes law, it will have the effect of invalidating many regulations crafted and implemented by municipalities across the state to address issues presented by short-term rentals at the local level. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. or continue to examine the issue, while also opposing the bill. Listings on Airbnb comprise 0.3% of total dwellings across the state, according to data from Airbnb, and 61% of Michigan hosts are women and over 25% are over the age of 60. Its now up to the Senate to move on the bill in the lame duck session following the Nov. 8 election. Imagine buying your first home in a coastal community or even your dream home on a lake and creating a peaceful backyard oasis. The bill does not appear to have enough support in the legislature to override a veto. The city has offered incentives to developers to build more affordable units, but even those are becoming short-term rentals in commercially zoned areas. They have said that communities are banning short-term rentals. "It was disappointing, then, to see the House of Representatives work through the night to pass legislation that will make the hotel industry's recovery that much harder.". In addition, the citys infrastructure water, sewer and other utilities were built for a year-round population. By common sense, these are commercial uses of property, said Keith Van Beek, city manager of Holland. The state wants to come in and say, We know better, preempting them from the work that they have done., Zoning is intended to regulate conflicting land uses and problems that ensue, and communities zone based on master plans, local needs, and the, Voters embraced affordable housing initiatives. So that doesnt actually stop the nuisance from happening.. Were the ones that live here and try to make it a livable place for everybody and set the rules and priorities.. This is a local issue.. The way short-term rentals are defined in the substitutes still provide them protection from local regulation, she said. ContactArpan Lobo, Cassandra Lybrink and Carolyn Muyskens at newsroom@hollandsentinel.com. Community Rules apply to all content you upload or otherwise submit to this site. The legislation prohibits local municipalities from adopting zoning regulations that outright ban short-term rentals or make them subject to a special-use or conditional-use permit. on new short-term rental licenses until Dec. 13. Typically, tourists, vacationers and some business travelers rent them for a brief stay, or not more than 30 days, through platforms like Airbnb, VRBO, Vacasa, Turnkey and others. No legislative action had been taken on HB 4722 in the five months between when it was referred out of Committee and the legislative session when it was brought to a vote before the full chamber of the House. 45, District Our message is very clear that we need to have thoughtful local ordinances to take into consideration all of the unique aspects of a particular community, he said. 0:51. Loud music, late-night bonfires, even PA systems, beer pong and extra tents take over the yard. The key thing here is, from our perspective, were very strong on private property rights, and people should be able to do what they want with their own property, said Mackinac Center Director of Marketing and Communications Jarrett Skorup, who testified in favor of the bills in May. Humphrey opposes attempts to legislate the issue from Lansing and says HB 4722 is a giveaway to private interests at the expense of the taxpayer. Humphrey said more than 20 community leaders in lakeshore communities in Southwest Michigan have united to oppose the legislation by adopting formal resolutions and contacting legislators. The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state. Those looking for a compromise say HB 4722 fails to address a key issue, which is how to distinguish between homeowners with a second home who occasionally rent it out versus owners and investors that buy up homes and operate them from out-of-state as for-profit enterprises. They often never visit Michigan, or the city where the home is located, and have no stake in the community other than profit. The current ordinance permits short-term rentals in residential areas. They havent fully banned them, but youre banning it for the vast majority of property owners, Skorup said. In short, lawmakers claiming the current bills wont take away local control is a false narrative, Rigterink said. Follow Michigan Advance on Facebook and Twitter. I would hope the Senate is more levelheaded. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. They should be paying lodging taxes, a tourism tax to supplement the municipality.. Holland's regulations on short-term rentals were adoptedlast year after the pilot program was deemed a success. Its the desirability of the area. , maintaining that local governments can enforce nuisance ordinances and housing codes to protect public safety and address any unruly behavior. Among the states more than 1,200 townships, the league only found one with a ban in place. In order for us to maintain a quality life in Grand Rapids, we need additional housing supply, he said. Both the Realtors Association and Airbnb maintain Michiganders have been renting their second homes for decades when not in use, long before online platforms rose to prominence. This is not a false concern. Representative Markkanen's office declined the Gazette's request for comment. Short-term rentals are properties that are available for tourists and vacationers visiting an area for a brief stay, or not more than 30 days. It was just done through less formal means.. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. McGinnis said Grand Haven deals with more problems and noise complaints during the busy summer months, and it would take more staff to enforce noise and nuisance ordinances associated with more short-term rentals. Several communities in Ottawa County have regulations on short-term rentals or continue to examine the issue, while also opposing the bill. MARQUETTE State Rep. Sara Cambensy, D-Marquette, is a cosponsor of House Bill 4722, which would "amend the Michigan Zoning Enabling Act to provide that the short-term rental dwelling, for 30 . House Bill 4722 was not on the Oct. 26 agenda, but an amended version passed 55-48 after the GOP-controlled House stayed in session past 2 a.m. Oct. 27. The bills remove local governments' ability to outright ban. (AP Photo/Patrick Semansky)AP. HB 4722 would amend the Michigan Zoning Enabling Act of 2006 to define and add the term short-term rental to the Code as a residential use of property that is permitted in all residential zoning districts. The legislation prohibits local municipalities from adopting zoning regulations that outright ban short-term rentals or make them subject to a special-use or conditional-use permit. Theres definitely work being done to try to get it to a vote.. Republican-led Senate Regulatory Reform Committee in late September moved the legislation to the floor in a 6-3 vote. The reason it is a big deal now is the internet and Airbnb, he added. Its a misnomer; its a fallacious argument, Metcalf said, noting his Airbnbs often help subsidize the units he rents out to year-round workers. In addition, with inflation and the rising cost of living across the country, many short-term rental hosts rely on the additional income. If 30% wanted to locate in your most desirable neighborhood, you have now turned that residential district into transient mini-hotels and completely crushed anybody who is actually living there, she said. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. That seems to be lost.. While Traverse City has a short-term rental ordinance, permitting them in commercially zoned areas, Carruthers said a lot of people have been doing it on the down low.. 59, District It also caps the total number of short-term rentals as a percentage of all residences, but officials say the proposed 30% cap is unreasonable for small communities. Michigan House Bill 4722 ( Prior Session Legislation) MI State Legislature page for HB4722 Summary Sponsors Texts Votes Research Comments Track Status Spectrum: Strong Partisan Bill (Republican 12-1) Status: Engrossed on October 27 2021 - 50% progression, died in chamber Action: 2022-10-11 - Referred To Committee Of The Whole Weve had a 33% decrease in school population in 10 years, Humphrey said. It does erode the long-term opportunities for people to live here.. And several destination cities, including Detroit and Traverse City, prohibit short-term rentals in residentially zoned areas. New Buffalo Mayor John Humphrey has been outspoken about his opposition to the rise of Airbnb-style rentals in his community, which held several packed public meetings in 2021 as the City Council took up the issue. "I was very surprised it moved on [Oct. 27] in the way and fashion it did," said Jennifer Rigterink, a legislative associate with the Michigan Municipal League (MML), which opposes the bill. lived the experience in his own neighborhood. House: House Third . Airbnb will continue to work with leaders across the state on balanced rules that protect property rights, help address community concerns, and support the states tourism economy.. He rallied STR owners to attend Suttons Bay council meetings on the issue. a Southwest Michigan lakefront community 35 miles from Chicago. House Bill 4722, introduced by Rep. Sarah Lightner, R-Springport Township, passed 55-48 after the House remained in session past 2 a.m.