did house bill 4722 pass in michigan

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. , which Rep. Graham Filler (R-DeWitt) introduced in December 2021. proposes an excise tax on short-terms at a rate equal to the tax of traditional lodging, along with a requirement that accommodation intermediaries such as Airbnb be responsible for the remittance of all their hosts taxes. Under HB4722, that number could increase to 750 short-term rental units. Popular platforms for the homes include Airbnb and Vrbo. In Leelanau County, another popular vacation destination, villages and townships continue to grapple with the issue. Representatives from Michigan Township Association testified in opposition to HB 4722 at early House committee hearings and worked on the compromising legislation, but it hasnt gained traction, said Judy Allen, MTAs director of government relations. Spectrum: Strong Partisan Bill (Republican 12-1). While Metcalf feels for people who live next to problematic short-term rentals, he said local communities need to focus on enforcement of occupancy limits, noise, parking and nuisance violations. House Bill 4722, introduced by Rep. Sarah Lightner, R-Springport, would amend the Michigan Zoning Enabling Act to allow short-term rentals, units where guests reside for not more than 30 days, to . Governor Whitmer has not yet commented publicly as to whether or not she would sign the bill into law if it is passed by the Senate. There is a tradition up here, long before Vrbo and Airbnb, of short-term rentals. Dan Gilmartin, Michigan Municipal League CEO, called the push for a ban against bans a scare tactic during a Monday morning press conference. You cant all of a sudden convert a single-family house into a store or an auto mechanic shop. We know from other communities, what this could have the impact of doing is taking either single-family homes that are owner-occupied, or potentially long-term rental properties, and converting them away from those uses, which are homes for long-term residents, whether they be owner-occupied or rentals, and convert them into these short-term rental uses, which only puts additional pressure on what we know is a very tight housing market, particularly a very tight affordable housing market.. The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. Homes are being purchased and not available when they have a business locate in their community, Allen said. stop Michigan communities from outright banning short-term rentals, short-term rentals through services like VRBO, Airbnb and Homestay. There is a growing trend in local government to enact zoning bans that preemptively tell property owners they are unable to rent, according to a statement on the Michigan Realtors website. But short-term rentals do bring added traffic, nuisance and public safety issues. The San Francisco-based company Airbnb has a. of fighting local regulations across the country. The MML, a nonprofit association representing municipalities and their leaders, calls HB 4722 disastrous and said it essentially gives unfettered approval to short-term vacation rentals across the state. Both the Michigan Realtors, an advocacy group for Michigans real estate professionals, and the Mackinac Center for Public Policy, a free-market think tank, support the legislation. Van Beek also raised concerns about housing stock issues if short-term rentals are allowed to go virtually uncapped, particularly among affordable housing units. While those opposed to the bill say communities arent banning outright short-term rentals, Skorup argues that municipalities like Holland Township and St. Clair Shores essentially have full bans through their zoning. This is not a false concern. The proposed law states communities cannot restrict short-term rentals to less than 30% of the number of existing residential units in the local unit of government. 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. Gretchen Whitmer asked for at the start of the year with votes on bills to establish a . The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state. May 24, 2021. If 30% becomes the number, then enforcement becomes a huge issue.. You cannot approach this as a one-size-fits-all, she told the, Lightners office declined a request for an interview, but sent the, 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, Calls to Michigan Realtors were not returned for this story, but the association does have a statement on its. A statement from President Joe Biden's administration says that the bill would put LGBTQ students at a higher risk. surprised many who have followed the legislation. The practice helps Michigan property owners cover the cost of property taxes and maintenance. My biggest fear is housing and apartments for our seasonal and everyday laborers in Petoskey; that it will take up those spaces with short-term rentals knowing someone can make one months rent in a week during the busy season of the year, said Petoskey, Petoskey has an ordinance that permits short-term rentals in a business district with a city license. Several of the hotels in Holland Township opened in the past three years. 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. 206b. 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 Michigan Municipal League, Michigan Township Association and Michigan Restaurant & Lodging Association oppose the legislation and have offered compromises. Nobody knew they were voting on it.. In addition, many lakeshore communities are grappling with a shortage of available, affordable, year-round housing for service-industry workers or people who want to relocate to the community for employment. Several communities in Ottawa County have regulations on short-term rentals or continue to examine the issue, while also opposing the bill. House: House Third . She called it a freshman mistake and fielded complaints from constituents and local officials in her district for months. The Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. By stripping local authority on short-term rentals, the bill would erase years of consideration in local communities, says Holland City Manager Keith Van Beek. In todays digital economy, its relatively easy for an outside investor or homeowner to advertise their property as a short-term rental. HB 4722 has been referred to the Senate Committee on Regulatory Reform, which approved a bill earlier this year that was identical to the previous version of HB 4722 approved by the House Committee on Commerce and Tourism. The current ordinance permits short-term rentals in residential areas. No legislative action had been taken on HB 4722 in [] The bipartisan legislation, House Bill 4722 and Senate Bill 446, revisits an ongoing debate about local government control over short-term rentals. Contact Editor Susan Demas for questions: info@michiganadvance.com. 64. "Bill 4722 is not a thoughtful solution to a complicated issue that needs to balance residential safety, fair competition and property rights it is a tone-deaf handout to mostly out-of-state corporations that will erode neighborhoods, increase crime and cost jobs.". This legislation protects private property rights by preventing short-term rentals from being zoned out of existence and also allows local governments to effectively regulate these properties, he said. HB 4722 would amend the Michigan Zoning Enabling Act to establish the rental of a dwellingincluding, but not limited to, short-term rentalsto be a residential use of property that is permitted in all residential zoning districts, and not to be considered a commercial use nor subject to any permit requirements different from those applicable to other dwellings in the same zone. The bill is supported by Michigan Realtors, a real-estate advocacy group, and the Mackinac Center for Public Policy, a conservative think tank. 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. Summary; Sponsors; Texts; . Noise, trash and nuisance complaints, and a lack of affordable housing for year-round residents, are some of the issues associated with too many short-term rentals in a community. 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. An amendment offered before Wednesdays vote would also allow local units to set limits for how many short-term rentals a property owner could operate, with a limit of no fewer than two. In 2017, the city developed a. in response to complaints from residents who showed up at public meetings. short-term rentals arent subject to the same taxes or regulations. These are some of the issues created by short-term vacation rentals, according to local government and municipal officials who oppose recent state legislation that would preempt local regulations on short-term rentals. Michigan Advance maintains editorial independence. Holland Township does not allow short-term rentals through services like VRBO, Airbnb and Homestay. Noise, trash and nuisance complaints, and a lack of affordable housing for year-round residents, are some of the issues associated with too many short-term rentals in a community. Short-term rentals incur a much larger cost due to the number of people they bring in, Humphrey said. 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. Skyrocketing housing costs have pushed hospitality and service industry workers into outlying areas or forced them to relocate. If we let it go hog wild, we wont have neighborhoods.. We are doing it well; we are doing it the way it was meant to be done, McGinnis said. "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. But House Bill 4722 narrowly passed the House in a late-night session last October, a move that surprised many who have followed the legislation. Michigan House Bill 4722 (Prior Session Legislation) MI State Legislature page for HB4722. At the heart of the issue is whether short-term rentals are a residential or commercial use of property. Daniel Krason / Shutterstock.com. In a late-night vote last week, the Michigan House of Representatives approved a bill that essentially nullifies local ordinances on short-term rentals which have become. Marla R. Miller is an award-winning journalist and content marketing writer who previously worked for newspapers in Indiana and the Muskegon Chronicle. Its skyrocketed in popularity.. City officials from Grand Rapids, Frankenmuth and Marquette joined the press conference to voice their concern over short-term rentals eating away at an already competitive housing market. Legislation is moving through the house and senate seeking to stop Michigan communities from outright banning short-term rentals like Airbnb and VRBO. We have had a long history of dealing with short-term rentals and a set of regulations that are strongly supported by our community.. are supported by a coalition of organizations representing local government, public safety, the restaurant and lodging industry. This means that at least 30% of the residential units in each municipality could be potentially used as short-term rentals. The House Committee on Commerce and Tourism approved the bill on May 25, 2021. I would hope the Senate is more levelheaded. The Village of Suttons Bay, Suttons Bay Township, Village of Northport, Bingham Township, Empire Township, Leelanau Township, Leland Township and Elmwood Township have adopted short-term rental ordinances. The village issued a. moratorium on short-term rental licenses in June and recently extended it for an additional 90 days. The bill does not appear to have enough support in the legislature to override a veto. In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 ("HB 4722"), which significantly limits how local governments may regulate short-term rentals. The bill was referred to the Senate Committee on Regulatory Reform. Its a misnomer; its a fallacious argument, Metcalf said, noting his Airbnbs often help subsidize the units he rents out to year-round workers. The definition of common ownership has a loophole big enough to drive a semi through it, Rigterink said. Tourism is important to Michigan and short-term rentals provide visitors the opportunity to experience our beautiful state.. 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. . The bill would prohibit local governments from adopting zoning regulations banning short-term rentals. We still oppose it and theres been no negotiation,, . In addition, the law allows local governments to limit the number of units under common ownership used for short-term rentals to two. They [legislators] dont understand that people need to live here to pay for public safety and infrastructure.. If short-term rentals didnt exist here at all, either they would be sold at high prices or they would be rented at high prices, which would preclude workforce housing.. House Bill 4722, along with its companion Senate Bill 446, has been making its way through the Legislature for several months. 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. I dont have two identical townships. Airbnb makes long awaited debut on stock exchange, Thirteen years after its founders first rented air mattresses in their San Francisco apartment, Airbnb is making its long-awaited stock market debut. If its 30% as proposed, right now it would allow up to 500 short-term rentals in the city of Petoskey, and I think thats way too much, Murphy said. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 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. Summary as Introduced (5/17/2021) This document analyzes: HB4722 Summary as Reported from Committee (6/24/2021) This document analyzes: HB4722 Summary as Passed by the House (11/2/2021) This document analyzes: HB4722 Senate Fiscal Analysis SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 10-10-22) This document analyzes: HB4722 History She voted no last week. He was surprised about the late-night vote on the bill. Rigterink sees the law as ripe for litigation. as long as such regulations are applied consistently to owner-occupied residences as well. That seems to be lost.. 206b. House Bill 4722 has four main components: it would bar local governments from enacting or enforcing ordinances that ban short-term rentals; it would place a cap on the total number of short-term rentals to 30 percent of all residential units; local governments could limit an owner or ownership group to two short-term rental properties; Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 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. They havent fully banned them, but youre banning it for the vast majority of property owners, Skorup said. and Senate Bill 446 (Sen. Aric Nesbitt, R- . "Legislation should not politicize our . (The Center Square) - In an overnight session, the Michigan House voted 55-48 to pass a bill that aims to prohibit local governments from banning short-term rentals. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. A single-family home was sold and renovated into a short-term rental. Corporate media arent cutting it. The following bill formatting applies to the 2019-2020 session: - New language in an amendatory bill will be shown in bold - Language to be removed will be stricken. 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. That seems to be lost., , a Southwest Michigan community that recently. 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. DEIJ Policy | Ethics Policy | Privacy Policy. Short-term rentals are more prevalent in lakeshore communities that attract tourists and those that host sporting events, but they also are located on small inland lakes and in rural parts of the Upper Peninsula. Toilet paper wasnt the only shortage caused by the pandemic. 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. Like any land use, too much of one thing becomes a negative impact on other things.. However, the bill loosely defines common ownership as ownership in whole or in part by the same individual, individuals, or legal entity. Consequently, it seems that an individual could potentially circumvent a limit on the number of short-term rental units under common ownership by forming business entities to own additional units. HB 4722 is supported by Airbnb, the Michigan Association of Realtors and the Rental Property Owners Association. City staff found few complaints. 0:01. Grand Rapids does allow short-term rentals, but only home sharing and not entire properties. In addition, it also codifies the right for counties, cities and townships to continue to, or begin to, require the issuance of a locally issued STR license, limit local licenses to two per person, and implement license enforcement policies to meet the communitys standards. A local unit of government shall not adopt or enforce zoning ordinance provisions that have the effect of prohibiting short-term rentals," the bill states. Beckett & Raeder report, the village currently has 61 operating short-term rentals, which represents 13% of the communitys total housing stock. Why are they getting more out of this than the person who lives next door? Airbnb says HB 4722 and HB 5605 would modernize Michigans regulation of short-term rentals. Please see our republishing guidelines for use of photos and graphics. 23 Mika Meyers Attorneys Listed in Best Lawyers. HB 4722 is supported by Airbnb, the Michigan Association of Realtors and the Rental Property Owners Association. Heres what affected Michiganders, Michigan Democrats want investigation into states ties to US Capitol riot, Michigan House advances bills banning vitamin E acetate in vaping products, Michigan House votes to ban government-backed coronavirus vaccine passports. Steckloff had to wait to withdraw her name from the bill until the House took it up. The average limit is 6.4% of the housing stock based on other Leelanau County communities that have short-term rental caps. But opponents say short-term rentals should be regulated at the local level. Its a big challenge for us, said Traverse City Mayor Jim Carruthers. Humphrey argues that short-term rental owners dont pay any additional taxes, other than the non-homestead tax rate, or fees to local communities, like a lodging or tourism tax. Rep. Sarah Lightner, R-Springport, sponsored 4722. They say the proposed law also sets a precedent for issues that impact local communities, giving Lansing the authority to dictate local laws. Michigan Municipal League, Michigan Township Association and. Our stories may be republished online or in print under Creative Commons lisence CC BY-NC-ND 4.0. Bill 4722 is not a thoughtful solution to a complicated issue that needs to balance residential safety, fair competition and property rights it is a tone-deaf handout to mostly out-of-state corporations that will erode neighborhoods, increase crime and cost jobs, Winslow said in a statement. Michigan Advance is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. 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. Sign up here "Michigan's hotel industry remains in a weakened state from a pandemic that is still presenting very real challenges to its survival 18 months later," said President and CEO Justin Winslow on Wednesday. In addition, with inflation and the rising cost of living across the country, many short-term rental hosts rely on the additional income. 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. 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. A House Fiscal Agency Legislative Analysis of House Bill 4722 stated that the bill would: amend the Michigan Zoning Enabling Act to provide that the short- term rental a dwelling (for 30 days or less) is a permitted residential use of property that is not subject to a special use or conditional use permit or procedure. The new version of the bill contains an exemption for existing zoning ordinance provisions that regulate the rental of dwellings by overlay district without distinction between short-term rentals and rentals for longer terms if the ordinance provisions were in place as of July 11, 2019 and initiated by petition. They also create added costs for inspections and code enforcement, which are a strain on public resources. Other studies show short-term rentals deplete housing stock and, Amid the wrangling, three of the bills co-sponsors Reps. Sara Cambensy (D-Marquette), Samantha Steckloff (D-Farmington Hills) and Brad Paquette (R-Niles) . Of Michigans 533 cities and villages, not one has a full short-term rental ban on the books, Gilmartin said. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports.

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