An article in today's Conway Daily Sun discusses the reaction of Freedom's selectmen to the NH Housing Appeals Board at a recent meeting.
Here is a link to the full story: https://www.conwaydailysun.com/news/local/freedom-reacts-to-housing-appeals-boards-verdict/article_adfec3a6-b9ee-11ee-a91e-7377288f242e.html

Here is a quick summary of the key points:

• Les Babb, Selectmen’s chair of Freedom, New Hampshire, expressed his "disgust" with the N.H. Housing Appeals Board's ruling in favor of James and Susan Cotter, Massachusetts residents who own a short-term rental (STR) in Freedom.
• The case involved the Cotters versus the Town of Freedom Zoning Board of Adjustment.
• In October, the Concord-based Housing Appeals Board held a hearing on the merits of the Cotters’ case, with the decision announced on January 12.
• Freedom's short-term rental ordinance, enacted in March 2022, led to cease-and-desist letters to STR owners like the Cotters. Their property is listed on VRBO as "Charming Pet Friendly Ossipee Lake Vaca Home."
• The board's ruling implies that STR owners who rented their properties before 2022, including the Cotters, are exempt from obtaining a conditional permit and from the additional health and safety requirements of the new ordinance.
• The ruling indicates that Freedom’s ordinance applies only to STRs established after the 2022 town vote. STRs created since then must comply with a 90-day rental cap and obtain a conditional use permit.
• Babb criticized the Housing Authority for exempting some STR owners from life safety standards, which are mandatory for long-term landlords and foster child parents.
• Florio noted that some STR owners voluntarily comply with the permitting process for life safety reasons. Permit holders are listed publicly, allowing potential renters to verify.
• Matt Johnson, the lawyer for the Mt. Washington Valley Association for Responsible Rentals, questioned if the STR ordinance is truly about public safety, citing its focus on issues like parking and quiet times.
• About 40 conditional use permits have been issued in Freedom, costing $50 each. The application process involves review by the planning board, fire chief, and building inspector.
• Babb noted there's a criteria checklist for permit applicants, but no inspection is required. Town staff assist with application processes.
• Howlett inquired if the selectmen plan to appeal the ruling to the New Hampshire Supreme Court, but Babb indicated uncertainty about the town's potential success in an appeal.
• Babb expressed frustration over the Housing Authority assuming liability for life safety standards and suggested moving on to other meeting items.

If you are a short term rental owner, life safety items should always be on your mind, regardless if mandated by the town. With such little oversight on construction and code in New Hampshire, it is definitely something owners need to consider before inviting any guests (renters or friends) into their homes.

It sounds like the town of Conway's licensing program, or some version of it, will move forward whether voters pass it or not...

An article in today's Conway Daily Sun (click here for full article) breaks it down.

• Conway adopted a rental license and inspection program last year.
• Selectmen decided to present the same program as a warrant article for an April vote.
• The program will continue running until the vote and may persist even if the warrant article fails.
• Two versions of the program exist due to different legal foundations: one under selectmen's authority and the other as a zoning update.
• Public meetings are scheduled for community discussion about the program.
• A group led by planning board member Eliza Grant influenced the decision to offer the rental program as a warrant article.
• The Mt. Washington Valley Association for Responsible Rentals previously attempted to persuade selectmen to do the same.
• Despite potential voting, the selectmen's version of the program may continue.
• Selectmen will determine the program's future based on the vote outcome and community feedback.
• As of the article's publication, 127 rental licenses had been granted.
• Differences between the selectmen's version and the warrant article include the process for appeals, renewals, and compliance certificates.
• Concerns were raised about the redundancy and clarity of the program's direction.

So, it will go to the voters.... but that may not matter.  It has been quite an interesting topic to follow.

An article in the Conway Daily Sun (link below) discusses the NH Housing Board's decision that will not allow Freedom's new STR policies to impact owners who were renting prior to the March 2022 rental ordinance.  Here is a link to the VRBO listing

Here is a link to the full story:
https://www.conwaydailysun.com/news/local/state-board-finds-against-freedom-on-strs/article_a69e1f12-b3a9-11ee-a139-8b007c7781a0.html

Apparently, this ruling means that the Cotters, and other owners who rented their properties before 2022, will not have to get a conditional permit, are exempt from health and safety requirements of the ordinance and are not subject to a 90-day rental cap per year.

Here are the key points from the article:

• The New Hampshire Housing Appeals Board ruled in favor of James and Susan Cotter against the town of Freedom regarding its short-term rental (STR) ordinance.
• The Cotters own an A-frame house on Ossipee Lake and have rented it out since 2004. They were represented by Matt Johnson of Devine Millimet & Branch.
• The town of Freedom was represented by Diane Gorrow of Soule Leslie Kidder Sayward.
• The Housing Appeals Board was established in 2020 as an alternative to the Superior Court for planning and zoning cases.
• The board's decision means pre-2022 property owners like the Cotters are exempt from obtaining a conditional permit and are not subject to the 90-day rental cap or health and safety requirements of the new ordinance.
• Johnson previously defeated the town of Conway in a similar case at the New Hampshire Supreme Court.
• The board stated there was no evidence the Cotters' property use was a nuisance or harmful to public health.
• Jerry DeCristofaro, president of the Association for Responsible Rentals, supports safety measures but opposes different treatment for STRs.
• The case centered on the Cotters' property at 440 Pequawket Trail, listed on VRBO. Here is a link to the VRBO listing
• Freedom enacted its STR ordinance in March 2022 and began enforcing it against properties like the Cotters'.
• The board agreed with the Cotters that their rental use of the property was a pre-existing, nonconforming use.
• The town's argument about health and safety requirements was rejected by the board, citing specific legal precedents.
• The board found no evidence of nuisance or public harm from the Cotters' STR use, and suggested traditional enforcement mechanisms for any issues.

An article in today's Conway Daily Sun (click here to read article) discusses a petition article that, if passed, would regulate short-term rentals to 30 days or less.  Here is a quick summary of the article:

• Article Focus: A petitioned warrant article proposed by Sun Publisher Mark Guerringue, aiming to regulate short-term rentals (STRs) in Conway.
• Article Provisions:
  • Limits the use of one- and two-family homes in residential areas for short-term rentals to 30 calendar days per year unless they meet state safety code standards.
  • Excludes seasonal rentals (90+ days) and traditional long-term rentals, as well as multi-family homes and condo complexes.
• Public Hearing and Voting: Scheduled for a public hearing on January 25 and will be voted on in April.
• Definition of STR: Any property rented for more than 30 days per year that isn’t a long-term lease.
• Safety Compliance: STRs exceeding 30 days must comply with state safety and fire codes.
• Article Objectives:
  • Balances property rights and controls the STR investor trend.
  • Aims to discourage investors from converting homes into hotels.
  • Seeks to slow down property value inflation caused by investors.
• Legal Drafting: Attorney Chris Meier drafted the article, focusing on legal viability.
• Enforcement: Utilization of databases tracking STRs and tax records for enforcement.
• Town's Proposal: A separate warrant article for inspecting and certifying long- and short-term rentals, also to be voted on in April.
• Support and Opposition:
  • Planning and budget committee members support the article.
  • The Mt. Washington Valley Association for Responsible Rentals criticizes its enforceability and practicality.
  • Questions raised about the exclusion of certain residential areas and the impact on existing STRs.
• Grandfathering Clause: Debate over the application of grandfathering to existing STRs.

An article in today's Conway Daily Sun discusses the controversial licensing program for rentals in Conway.  Here is a link to the article.  Below is a summary of the key points:

• Change in Rental Inspection/License Program: The Conway Selectmen have decided to let voters decide on the rental inspection/license program in April.

• Prior Landlord Licensing Requirement: Before this decision, landlords were required to have licenses to rent out properties.

• Program Modifications: Modifications to the rental inspection program include the creation of a local appeals board, a waiver process for occupied rentals, a simplified renewal process, and the issuance of certificates of compliance instead of licenses.

• Public and Official Feedback: The decision followed discussions with Deputy Town Manager Paul DegliAngeli, Conway Planning Board member Eliza Grant, and other stakeholders.

• Program Status Pending April Vote: While the program will be proposed as a warrant article, its suspension until the April vote is undecided.

• Ordinance Drafting: The rental program is being drafted as an ordinance, as opposed to its previous form of a collection of documents on the town website.

• Legal Defensibility and Support: The town counsel supports this new approach, believing it makes the program more defensible in court.

• Approval of the New Approach: The Selectmen voted unanimously (5-0) in favor of this new approach.

• Possible Revisions to Town Ordinances: If passed, this program would revise Chapter 72 of the town ordinances.

• Concerns Over Short-term Rentals: There's debate over the application of Chapter 48-A, which restricts imposing additional regulations on vacation or short-term rentals.

• Fee Distribution and Inspections: Questions remain about how fees are divided between the town and fire departments, which perform inspections.

• Draft Ordinance Details: The draft ordinance includes provisions on the program’s purpose, regulations, application and inspection processes, waiver and renewal processes, fines, appeals, and definitions.

• Potential Waivers and Renewals: The draft suggests waivers for non-compliant, occupied long-term rentals, and a seven-year renewal for properties that pass inspections and meet certain conditions.

Here is a link to the town of Conway's website with more information.

If you're in the market for a new home and the buzz of short-term rentals (STRs) isn't your cup of tea, you're in luck! There are some fantastic neighborhoods that keep the STR scene at bay. Let's dive into the areas around Bartlett and North Conway where peace, quiet, and a sense of community reign supreme.

1. Bartlett Place, Bartlett

Located in Bartlett & right on the Saco River, this neighborhood is a hidden gem for those seeking a serene living environment. It's far enough from the hustle and bustle to offer a tranquil retreat, yet close enough to local amenities for convenience.  60 day minimum rental period.

2. Cranmore Woods, North Conway

Cranmore Woods is the perfect spot for skiers who don't want new neighbors every weekend.  Just minutes from Cranmore and has an outdoor pool & tennis court.

3. Saco Woods, Conway

This neighborhood is a peaceful haven for long-term residents. Saco Woods offers a comfortable and stable living environment away from the frequent turnovers of STRs.

4. Mount Cranmore Condos, North Conway

A unique blend of convenience and regulation, Mount Cranmore Condos limit STRs to just five rentals per year. This means fewer new faces and more familiar neighbors, perfect for those who value consistency in their community.

5. Northface, North Conway

With a 30-day minimum rental policy, Northface strikes a great balance. It's ideal for those who prefer longer-term neighbors over the ever-changing crowd of STRs, yet it still allows for some flexibility for homeowners.

6. Partridge Woods, Bartlett

Also enforcing a 30-day minimum rental policy, Partridge Woods in Bartlett is another excellent choice for stable, long-term living. The neighborhood prides itself on its strong community bonds and quiet, relaxed lifestyle.

Each of these neighborhoods offers its unique charm and a respite from the bustling STR scene. Whether you're looking for a family-friendly environment, a tranquil retreat, or just a place where you can know your neighbors, these areas around Bartlett and North Conway have got you covered.

Looking for more info on these neighborhoods or others that are not STR-friendly in the North Conway area? Feel free to reach out to me - I'm always here to help!

To increase bookings for your vacation rental, consider adding these amenities that guests often look for and appreciate:

1. Fast and Convenient WiFi: In this digital age, guests expect reliable internet access for work, entertainment, or staying connected with family and friends.

2. Electrical Adapters and Chargers: These are a lifesaver for travelers who might forget or lose their own.

3. Tea, Coffee, and Basic Cooking Essentials: Providing these items can make guests feel at home and is especially welcoming after a long journey.

4. Vacation Rental Toiletries: Including travel-size soaps, shampoo, conditioner, body lotion, and toothpaste can make a big difference.

5. Local Maps, Guidebooks, and Recommendations: Offering insights into local dining, attractions, and activities can greatly enhance your guests' experience.

6. Complimentary Welcome Basket: A basket with local snacks, drinks, or small gifts can create a lasting first impression.

7. Office Supplies for Remote Workers: With more people working remotely, a vacation rental equipped with a desk, lamp, and basic office supplies can be very attractive.

8. TV Entertainment: Cable TV, streaming services, and possibly a gaming console can provide guests with familiar entertainment options during downtime.

9. Laundry Facilities: For longer stays, having a washer and dryer on-site is a significant convenience.

10. Outdoor Gathering Space: A deck, patio, or balcony with comfortable seating can be very appealing, especially in scenic locations.

11. Fireplace: In colder regions, a fireplace adds a cozy and inviting element to the rental.

12. Hot Tub: This can be a major draw for guests, offering relaxation and a sense of luxury.

13. Kid-Friendly Extras: Items like cribs, high chairs, and family board games can make your property more appealing to families.

14. Kitchen Amenities: A well-stocked kitchen with appliances, utensils, and essential items like salt, pepper, dish soap, and kitchen towels is crucial for guests who prefer to cook.

15. Quality Bedding and Comfortable Bedroom Setup: Comfortable beds with quality linens, nightstands with reading lamps, and TVs in bedrooms can significantly enhance guest comfort.

16. Bathroom Essentials: Stock the bathroom with quality towels, a hair dryer, and other basic toiletries.

17. Basic Cleaning Supplies: Providing guests with items like brooms, dustpans, mops, vacuums, and trash bags can be very helpful, especially for longer stays.

18. Safety Features: Ensure that your rental has smoke alarms, carbon monoxide detectors, and fire extinguishers for guest safety.

19. Outdoor Amenities: Depending on your location, features like a grill, fire pit, or even water sports equipment can be a big draw.

By focusing on these amenities, you can make your vacation rental more appealing and comfortable for guests, which can lead to increased bookings and positive reviews

The Power of Community in Short-Term Rental Ownership

Short-term rental ownership can be a rewarding but challenging business. As an owner, you're not just managing a property; you're creating an experience for guests, handling bookings, solving problems, and ensuring your rental stands out in a crowded market. It's a journey filled with unique challenges, from navigating local regulations to managing guest expectations. That's why finding a community of help is more than just beneficial—it's essential.

Shared Knowledge is Power

The collective wisdom of experienced rental owners is an invaluable resource. In a community, you can learn the ropes from those who have already faced the challenges you're encountering. From practical advice on dealing with difficult guests to recommendations for trustworthy cleaning services, the shared knowledge within a community is a power you can harness to avoid common pitfalls and streamline your operations.

As part of our commitment to supporting short-term rental owners, we've curated a list of Facebook groups where you can find camaraderie, advice, and support. These groups are filled with active members who are eager to share their experiences and help you succeed in your rental endeavors. Here are some great groups to join:

North Conway & MWV Info Sharing

MWV Association for Responsible Rentals

North Conway MWV Vacation Rental Owners

White Mountains NH Vacation Home Rentals

As 2024 begins, do a quick check on some of the basic items in your vacation rental.

Here are some key points to check:

1. Smoke and Carbon Monoxide Detectors: Ensure they're functional and batteries are fresh.  
2. Fire Extinguishers: Accessible and up-to-date fire extinguishers in key areas.  **Buried deep in a kitchen cabinet doesn't count!
3. First Aid Kit: Stocked with essentials and easily accessible.
4. Emergency Exits: Clearly marked and unobstructed.  Here is some additional information on egress requirements in NH.
5. Security Features: Check locks on doors and windows.  Also, make sure exterior lighting is working.
6. Safe Electrical Wiring: Inspect for exposed wires or overloaded sockets.
7. Child Safety: If applicable, provide safety gates, outlet covers, and secure furniture.
8. Pool/Area Safety: If there's a pool, ensure it has proper fencing and safety equipment.
9. Local Emergency Information: Provide guests with local emergency contacts and hospital locations.  Make sure the home address is also listed in the property & clearly visible on the exterior.
10. Maintenance Check: Regularly inspect for any hazards like loose railings or slippery surfaces.

Here are a couple pictures of the Life Safety Self Inspection Checklist from the town of Conway.

Conway Introduces Rental Inspection Program for Enhanced Safet

In a proactive move to prioritize the safety Conway, New Hampshire, has launched a comprehensive rental inspection program. The program, initiated after a unanimous 5-0 vote by the Selectmen on August 5th, encompasses both long-term and short-term rental properties, including single-family homes and duplexes. Deputy Town Manager Paul DegliAngli has underlined the urgency for property owners to secure a rental license or initiate the application process by January 1st, highlighting the town's commitment to safety.

Licensing Options

Property owners have been presented with two distinct options, available until December 31st, to meet the program's requirements:

1. **Comprehensive Inspection**: Property owners can choose to complete a detailed form and pay a fee of $375. This choice entails allowing a fire department official to conduct a thorough inspection of the rental property, guided by a 10-point life safety checklist. Successful completion of this inspection results in the issuance of a rental license, valid for an impressive three-year period. Importantly, the form must be notarized for validation.

2. **Self-Affidavit**: Alternatively, owners may opt for a "self-affidavit," affirming that their property adheres to established life safety codes. This option carries a reduced fee of $125 but comes with a shorter validity period of one year.

**First-Movers: Mary and Wayne Bolduc**

Leading the way in embracing the program's safety measures were Mary and Wayne Bolduc, proud residents of Redstone and owners of a duplex on Greenstone Street. Having owned the duplex since 2008, they chose the first option to ensure their property underwent a meticulous inspection. Mary expressed their satisfaction with the process, stating, "We're just happy to know that everything is safe." Their inspection, conducted on August 29th and lasting a mere 10-15 minutes, culminated in the issuance of their rental license on August 30th.

Rental License: Symbol of Safety

The rental license, a certificate embellished with the town seal, stands as tangible proof that the property has successfully passed a life safety inspection, meticulously conducted by local fire departments. This certification grants authorization for rental, and its validity spans an impressive three years. Upon expiration, the license necessitates renewal through re-inspection.

Program Progress and Future Prospects

Nicholas DeVito, the Conway Zoning Officer, expressed his satisfaction with the program's progress, stating that the new life safety inspections program has been instrumental in ensuring the safety and well-being of the community. He emphasized the program's growth potential and commitment to further enhancing its effectiveness in the future. DeVito also outlined the inspection process for upcoming assessments, which will involve an inspector from one of the fire precincts and himself.

Safety Criteria

The life safety inspection criteria encompass a range of essential elements, including ensuring that the address number is visible from the street, hard-wired smoke alarms, carbon monoxide alarms, sufficient egress, annual servicing of central heating systems, chimneys and wood stoves compliant with codes, an up-to-code electrical system, an adequate number of fire extinguishers, code-compliant fire pits, and safe grill placement. A detailed checklist is available for reference.

Differing Opinions

It's worth noting that not everyone in the community is entirely aligned with the program. The Mt. Washington Valley Association for Responsible Rentals has voiced concerns, with its president, David Cavanaugh, raising questions about the legality of licensing single-family homes and the physical inspection of such properties.

Program Uptake

As of now, the town has issued a total of three licenses and three affidavits under the program, according to Administrative Assistant Valerie Kollander.

First License Granted

The Bolducs, who received their inaugural license via mail, plan to safeguard it in a filing cabinet. They take pride in being the first to have their rental property inspected and licensed, aptly summarized by Wayne, who remarked, "Pretty cool to be No. 1, wouldn’t you say?"

 

Starting this Friday (9/1), the town of Conway is kicking off a new rental license and inspection program. Basically, if you're renting out your place, you need to get a license for it. They've already got a few folks signing up, and they're aiming to start inspections next week or so.

Here's the deal: if you're a property owner, you've got two options. Option one is filling out a form, paying $375, and having the fire department inspect your rental based on a safety checklist. If you pass, you'll get a three-year rental license. Option two, available till the end of the year, involves a $125 fee and a self-affidavit form confirming your place is up to safety codes.

Starting next year, the self-affidavit option is out, and everyone needs to go through the inspection process. The inspections are about stuff like having working smoke alarms, proper exits, safe heating, and more.

Fire chiefs from different areas will be doing the inspections. There were some folks who didn't quite like this plan during public discussions, worrying it could make the housing crisis worse. But the town officials are aiming for safety without making things harder for renters or landlords.

The whole idea behind this is to make sure rental properties are safe because there have been cases of dangerous situations in rentals elsewhere. The town of Durham has been doing something like this for a while, and they found a bunch of safety issues during inspections.

Got questions? Contact Nicholas DeVito, the Conway Zoning Officer, for more info - (603) 447-3811, ext. 231 or ndevito@conwaynh.org.

Here is a copy of the Self Inspection Checklist

there's this situation in Freedom, where a couple, James and Susan Cotter, are taking the town's short-term rental ordinance to the New Hampshire Housing Appeals Board. These folks split their time between Freedom and Massachusetts, and they're represented by a lawyer who previously won a case against Conway's attempt to regulate short-term rentals.

The Cotters are challenging the town's new rules on short-term rentals, saying that their use of their property was established before these rules came into play. They've got a hearing scheduled for October, and you can even join in via Webex.

The town passed its short-term rental ordinance last year and started sending warnings to short-term rental owners like the Cotters. The Cotters are being backed by an association that supports responsible vacation rentals.

The case is centered around whether the town can impose these new regulations and if the rules even apply to the Cotters. They're arguing that the town can't restrict the number of days they legally rent out their home, based on a previous court ruling.

The town, on the other hand, believes that they can regulate short-term rentals and that property owners who want to rent more than 90 days a year need to get a conditional use permit. They say it's about ensuring public health, safety, and the environment.

Both sides have their legal arguments, and it's going to be interesting to see how it plays out. This is becoming a trend in New Hampshire towns, and this case could set a precedent for how short-term rentals are regulated in the future.

The town of Madison is going on the offensive against STRs (short term rentals) that started renting after March 2022 when voters passed a warrant article saying residential homes could not be used as short term rentals.  It's a very interesting decision considering the NH Supreme Court's recent decision that said short term rentals are an acceptable residential use in Conway.  Click here for the full story

If you want a development that does not allow short term rentals, here are some places to look:

• Bartlett Place in Bartlett (60 day min)
• Cranmore Woods in North Conway
• Saco Woods in Conway
• Mount Cranmore condos in North Conway (they limit to 5 rentals per year)
• Northface in North Conway (30 day minimum)
• Partridge Woods in Bartlett (30 day minimum)
• Black Mountain Meadows in Jackson