Short Term Rentals

NH Supreme Court Rules that STRs are allowed in Conway by current definition

Click here to see a copy of the ruling

On Tuesday, May 2, the New Hampshire Supreme Court ruled in favor of short-term rental owner Scott Kudrick, allowing owners to continue renting properties, at least until the town of Conway decides to regulate them. The case centered on whether non-owner-occupied short-term rentals are permitted in residential districts under the Conway Zoning Ordinance. In January 2022, a county superior court judge ruled that short-term rentals fit within the definition of "residential dwelling unit" and did not need to be owner-occupied in residential zones. The recent New Hampshire Supreme Court ruling upheld this decision, stating that the language of Conway's ordinance did not clearly address short-term rentals and that it was up to the legislature and municipal authorities, not the courts, to consider any policy concerns related to short-term rentals. The town of Conway had previously filed for a declaratory judgment against Kudrick, arguing that "living as a household" required a level of stability in occupying a residential dwelling unit, but the court disagreed. The recent town vote to change a definition central to the case is also unclear in terms of its implications for short-term rentals. The town has been moving toward regulating short-term rentals in commercial zones for several months and has approved funds to expand the building department to allow licensing of short-term rentals and inspections of property.

 

Jackson STR rules that are hard to enforce....

From the Conway Daily Sun, the town of Jackson is going to ask owners (with permits that require it) to supply a log of their rental activity so the town can make sure those owners are not exceeding 30 rentals per year.  I am a fan of occupancy restrictions because they are helpful & easy to monitor.  Limiting nights or number of rentals seems impossible to enforce and really doesn't solve the problem.  What is better... 40 good rentals of small, respectful groups.... or 30 rentals with overcrowding and noise?

https://youtube.com/shorts/YnLS1pB6aCE?feature=share

Franconia Adds Safety Inspection to STR Permit Requirements

Franconia's new STR license will require a safety inspection for approval.  This seems like a good idea as there are so many properties in the area that have bedrooms without egress, decks without railings and inadequate smoke detectors but I wonder why many towns do not inspect properties offered for long term rental.

The Importance of Egress in a Vacation Rental

I recently saw a new vacation rental posting.  Scrolling through the pictures, I saw a couple of bedrooms without proper egress.  Unfortunately, this is not something that is monitored or enforced around North Conway, so it puts the burden of care on owners.

When planning a vacation rental, it's essential to consider the safety of your guests. One area that often gets overlooked is egress from bedrooms. Egress refers to the ability to exit a room in the case of an emergency, and it's crucial to ensure that guests can do so safely and quickly.

Here are a few reasons why egress from bedrooms in a vacation rental is so important:

  1. Emergency situations can happen at any time No one plans for an emergency, but they can happen at any time. From a fire to a medical emergency, guests need to be able to exit their bedrooms quickly and safely. If egress is obstructed or difficult to navigate, guests may be trapped in the event of an emergency.

  2. It's a legal requirement In many places, it's a legal requirement to provide safe and accessible egress from bedrooms. Building codes dictate the size and placement of windows and doors to ensure that occupants can exit the building in case of an emergency. As a vacation rental owner, it's your responsibility to ensure that your property complies with local building codes.

  3. It gives guests peace of mind When guests stay in a vacation rental, they want to feel safe and secure. Knowing that they can exit their bedrooms quickly and easily in an emergency can give them peace of mind and help them relax during their stay.

So, what can you do to ensure safe egress from bedrooms in your vacation rental? Here are a few tips:

  1. Install smoke detectors and carbon monoxide detectors in each bedroom and throughout the rental property.

  2. Ensure that all doors and windows are in good working condition and that guests can open them easily.

  3. Provide clear instructions on how to exit the rental property in the case of an emergency.

  4. Consider installing emergency lighting in hallways and staircases to guide guests to safety.

  5. Regularly inspect and maintain egress points to ensure that they are functioning properly.

Even though it is not enforced, please don't make the mistake of adding extra bedrooms to maximize income while exposing guests to a dangerous situation.

Jackson Planning board eyeing new STR restrictions

STRs are a major focus at Jackson Planning Board Meeting.

Board member Allan suggested limiting STRs to 25% of a residence.

Chairman Terry suggested increasing the fees and additional registration requirements.

Member Campbell proposed working with other towns to get the State for assistance and direction to help deal with short-term rentals. (I guess they never heard of SB 249)

Jackson has been cautious in enforcing their current regulation and seem to be aware that some of their regulations would not be upheld in the courts.

https://www.facebook.com/groups/386595595614313

Madison STR update

Madison Residents and STR Owners, the time to act is NOW!

As of mid-February 2022 the Madison Select Board (SB) have sent first and second letters to "random" Madison STR owners. According to their latest meeting, those that didn't respond to the first letter received a second letter. How, why, and what the SB's order of operations are at this point is unclear. But from the letters, we can divide up the properties receiving the letters into 3 classes: Edelweiss, Non-Eidelweiss, and STRs started after March 2022. Each of these have their own unique facts supporting why STRs are not illegal in Madison.

The SB recently submitted a request for a special warrant article to the Town of Madison Budget Advisory Committee for the sum amount of $80,000. This sum amount was specifically titled as Legal fund for STRs, essentially priming the pumps for a legal battle that the SB are bringing on themselves. The motion to put this article on the town meeting warrant passed with two members of the budget committee voting against it. The SB has cl early made their intentions: increase taxes in Madison in order to defend a potential lawsuit that they themselves are creating. Keep in mind, there could be 3-4 classes of STR lawsuits bought upon the town, each one requiring a budget of between $50-$100k drawn out over 3, 4 or 5 years.. Conway is on year 5, and it is still not over.

The SB itself is changing come March 2023. One member of the SB is not running for re-election, and we can only hope that the new person elected will bring some clear minded thinking. In the past decade, the Madison SB has been involved in four to five lawsuits, all were lost by the town costing taxpayers money.

Special warrant articles for the town don't take place at the ballot box. They are actually voted on at the deliberation portion of the town meeting, which is scheduled for Saturday March 18, 2023, at 9:00am. It's a meeting filled with deliberation from town council and the voting public. The meeting itself is open to the public, any one can speak if sponsored by the registered voters, but only registered voters can vote on the topics at hand. Historically only a small percentage of people from Madison actually attend; that is maybe 100 people. So yes, those 100 people are making the decisions for the town, hardly a representation of the Madison population. It is the end of February, and the town website doesn't even have the time or location posted yet.

We believe the SB is counting on a good turn out by the Anti-STR crowd. All they need is a majority when the $80k STR Legal Defense article comes up for vote, and it is passed, paving the way to up the taxes in Madison to pay for their battle. If it scares you, good…it should.

There are new mothers in town that want a recreation department or better fields for their kids. What about our first responders equipment? The conservation committee needs funding. Old home day could use some cash. What about the roads that are failing in areas of town? Instead, the leaders of this town are focused on creating defenseless lawsuits because of their lawyers opinion. Who wins here? The people in town? No. STR owners? No. The local economy? No. The lawyers? Yes.

So what do you do? What do STR owners do? Simple. You get people to that meeting hook or crook. You defend property rights. You stand up and tell them what you think. You get the local business owners there; the cleaners, the stores, the snow plows, the handy-man services, landscapers. You get those that can’t afford taxes going up. You bring FACTS. There are no issues with STRs in Madison; instead, a phantom problem has been created that would ultimately cost the town’s residents. Everyone should show up to vote down this $80,000 proposal! Madison is already heading towards a record tax increase; do we need to add to it for a lawsuit that will spiral into multiple class defenses for years and affect the local economy and your Tax Bill?

Get your neighbors there. Get your local business people there. Get yourself there. VOTE NO!

Madison Elementary School

March 18, 2023

Time: 9:00am

Source: Mt. Washington Valley Association for Responsible Rentals on Facebook

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