HB 4722 - Prohibits Local Governments from Banning Short-Term Rentals - Michigan Key Vote

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Title: Prohibits Local Governments from Banning Short-Term Rentals

Vote Smart's Synopsis:

Vote to pass a bill that prohibits local governments from adopting zoning regulations that ban short-term rentals.

Highlights:

  • Defines "short-term rental" to mean (Sec. 1):

    • the rental of a single-family residence; or

    • a dwelling unit in a 1-to-4–family house; or

    • any unit or group of units in a condominium, for terms of not more than 30 consecutive days.

  • Authorizes the rental of a dwelling, including, but not limited to short-term rental, for the purposes of zoning (Sec. 1);

    • It is a residential use of property and a permitted use in all residential zones; or

    • It is not subject to a special use or conditional use permit or procedure different from those required for other dwellings in the same zone; or

    • It is not a commercial use of property.

  • Prohibits a local unit of government from adopting or enforcing zoning ordinance provisions that have the effect of prohibiting short-term rentals (Sec. 1).

  • Authorizes a zoning ordinance provision that is applied on a consistent basis to rental and owner-occupied residences and that regulates any of the following (Sec 1);

    • Noise; or

    • Advertising; or

    • Traffic; or

    • Any other condition that may create a nuisance

  • Authorizes a local unit of government to collect taxes otherwise authorized by law, and to inspect a residence for compliance with or enforcement of an ordinance of the local unit of government that meets all of the following requirements (Sec 1.):

    • Is for the protection of public health and safety; and

    • Is not a zoning ordinance; and

    • Does not have the effect of prohibiting short-term rentals

  • Authorizes a local unit of government to (Sec 1):

    • Limit the number of units under common ownership used for short-term rental in the local unit. The limit set by the local unit of government shall not be fewer than 2 units; and

    • Limit the total number of units used for short-term rental in the local unit. The limit shall not be less than 30 percent of the number of existing residential units in the local unit of government and shall apply without regard to the location of dwelling units. 

 

  • Authorizes a local unit of government that, as of July 11, 2019, had zoning ordinance provisions that regulate the rental of dwellings by overlay district without distinction between short-term rental and rental for longer terms, and that, as of July 11, 2019, had a rental overlay district or districts that were initiated by petition, may continue to enforce those zoning ordinance provisions as they existed on that date (Sec. 1). 

  • Authorizes a local unit of government to revise existing overlay district boundaries or create new overlay districts, but only under the terms of the zoning ordinance provisions as they existed on July 11, 2019 (Sec. 1).

Title: Prohibits Local Governments from Banning Short-Term Rentals

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