City Council approved San Antonioās first ordinance to regulate and license short-term rentals Thursday on an 8-2 vote.
The rules, which will apply to more than 2,000 short-term rentals (STRs) across the city, set permit requirements and installed fees for people who put homes, apartments, rooms, or other property up for rent on platforms such as Airbnb, VRBO, and HomeAway. The regulations also set limits on how many short-term rentals not occupied by owners can exist per block.
Councilman John Courage (D9) and Councilman Greg Brockhouse (D6) voted against the ordinance. Courage said the rules arenāt strong enough to prevent so-called āhotel districtsā from cropping up in residential neighborhoods, while Brockhouse said the measure interfered with property rights. But most Council members agreed that the rules are a positive first step and can be adjusted as needed in the future.
Councilman Cruz Shaw (D2) was not present for the vote but told the Rivard Report he would have voted to approve the ordinance.
āItās important that we find the right balance ā¦ [an ordinance that] allows the permitting of STRs while protecting our beautiful neighborhoods,ā said Councilman Roberto TreviƱo (D1), who worked closely with City staff to fine-tune the rules that were developed over the course of a year by a 24-member volunteer task force. Most STRs are located in District 1.
āThe sharing economy is here and we want to work through this,ā TreviƱo said. āI want to protect our neighborhoods and preserve their character and culture.ā
The new rules define and regulate owner-occupied (Type 1) and non-owner-occupied (Type 2) STRs differently. Type 1 units are allowed anywhere, as long as the owner lives somewhere on the property, but Type 2 units must follow density rules as an attempt to prevent the proliferation of STRs in residential neighborhoods.
Courage began reading a letter from a resident who outlined reasons to reject the ordinance. After 15 minutes, Nirenberg and City Attorney Andy Segovia asked Courage to voice his own comments and instead place the letter into the public record.
āI believe short-term Type 2 rentals adversely effect the nature and character of residential neighborhoods,ā Courage said, adding that the proliferation of short-term rentals āreduces the availability of affordable, working-family housing, which is a main emphasis that this city has committed itself to.ā
Courage motioned to amend the ordinance to prohibit Type 2 units in residential areas. None of his colleagues seconded his motion.
Under the new rules, about one-eighth of units on a block face can be Type 2 STRs and similar rules apply to multifamily buildings. There is a $400 appeals process through the Cityās Board of Adjustment for Type 2 operators seeking an exemption from the density rules.
Click here to download the ordinance.
Existing Type 2 STRs will be allowed as long as owners submit newly required permitting information and register with the City to pay the required local hotel occupancy tax (HOT).
Such operators have a 90-day grace period to register, but will not be grandfathered in unless theyāve been paying the HOT.
STR operators already were required to pay the HOT before the ordinance was approved, and they still are, said Michael Shannon, director of the Cityās Development Services Department.
One of the key things that the ordinance does is āstop the grandfathering,ā Shannon said, and allows the city to start collecting the HOT it is due. Less than 15 percent of STR operators were paying the local HOT earlier this year, according to a Rivard Report analysis. The City will hire a consultant to find and register STRs, Shannon said, and create a user-friendly online system to pay the HOT.
That consultant will be selected later this month, City Manager Sheryl Sculley said, and will help the city collect back taxes going back four years.
āThere is no free pass,ā Sculley said. āWe will not forgive past taxes.ā
Lost revenue from HOT could cost the City at least $2.4 million this year, according to the Rivard Report analysis.
Brockhouse, who operates short-term rentals in another city, said he voted against the ordinance because it was an āoverreachā of regulation that infringes on property rights.
āThe more we regulate, the more we pass on costs [to taxpayers],ā Brockhouse said, adding that he is supportive of basic permitting and collection of HOT. But the ordinance āsteps way out of line and moves well past the original intention ā¦ into an over-regulating environment.ā
The new rules also include penalties for neighborhood nuisances and prohibit all STRs from being used for events such as weddings and other parties. Housing units that received City incentives, such as large multifamily projects, are prohibited from hosting Type 2 STRs.
Those rules and others were suggested earlier this year by TreviƱoās office.
āThat made this ordinance, I think, more robust,ā said Councilwoman Ana Sandoval (D7). She supported the ordinance, but echoed Courageās concerns about STRs potentially taking over affordable housing stock.
āI think thatās something we need to keep a close eye on,ā Sandoval said.
Further changes and additions to the ordinance are possible, TreviƱo said. For instance, he said heās looking into changing the density requirements for Type 2 STRs in non-residential areas to allow more.
City staff will take stock of how the new ordinance performs ā or doesnāt ā and bring it back to City Council for review in about six months, Shannon said.
āThis ordinance isnāt perfect,ā said Eastside resident Cullen Jones. āIt will need to be adjusted as situations arise and climates change. ā¦ The STR ordinance offers neighbors, their neighborhood, and the responsible small business owners that operate within their neighborhood more protection and guidance than what they have currently.ā
The ordinance ālevels the playing field for small home-based businessesā and lets more residents participate in the STR industry as hosts, he said.
It also attempts to level the field for the hotel industry, said San Antonio Hotel and Lodging Association President and CEO Liza Barratachea.
āThe ordinance provides an opportunity for a level playing field, which is better than no ordinance where thereās no accountability for [STRs],ā Barratachea, who served on the task force, told the Rivard Report after the vote. She and the association would have preferred the ordinance as recommended by the task force, but support the current version, she said.
ā[In the task force version], it takes a little more work to operate as a Type 2 rental and provides additional oversight for Type 2 operators,ā she said. The task force recommended that all Type 2 be required to go through the Board of Adjustment process and higher fees.
The City received letters in support of the ordinance from Airbnb and HomeAway. Airbnb Texas Policy Director Laura Spanjian praised the mayor and City Council for implementing the regulations after an āinclusive and transparent processā that can serve as a model elsewhere in the state.
The Texas Legislature is expected to consider statewide regulations for STRs during its next session, said Assistant City Manager Carlos Contreras, and could use elements of San Antonioās ordinance as an example.
āItās been a long time coming,ā Nirenberg said before the vote. āWeāre finally here with I think a worthy six-month pilot that will be tweaked, no doubt, but weāll end up in a place where I think weāll be proud to have a well-crafted ordinance that protects everyoneās interests.ā
To clarify, I said, “This ordinance isn’t perfect. It will need to be adjusted as situations arise and climates change.” Continuing, “..the STR ordinance offers neighbors, their neighborhood, and the responsible small business owners that operate within their neighborhood more protection than what they have currently.”
Thanks,
Cullen Jones
Thanks, Cullen. I was writing on deadline so had to paraphrase. I’ll be updating the story with more quotes.
Anybody know any good property-rights lawyers?
IMHO the 12.5% block face limit is an effective ban in San Antonio.
The Texas Public Policy Foundation in Austin will definitely be interested in weighing in on this ordinance for that very reason. The Foundation, through its Center for the American Future and in partnership with the Center for Local Governance, represents several Austin families and property owners suing the City of Austin seeking declaratory and injunctive relief to halt Austin’s STR ordinance, which will ban Type 2 STRs by 2022.
https://www.texaspolicy.com/austins-unconstitutional-short-term-rental-ordinance-2/
https://www.texaspolicy.com/why-austins-ban-on-some-short-term-home-rentals-has-got-to-go/
Thank you Council for finally enacting an ordinance that is fair and balanced. We applaud the efforts of the task force and the D1 staff to put together than most equitable ordinance possible.
Communities are essential to our city, and limiting STRs to no more than 12.5% will allow communities to flourish while distributing STRs throughout the city, bringing revenue to other districts. The oldest neighborhood in San Antonio, Lavaca, wants nothing more than to remain a neighborhood of residents – renters and owners – who contribute to the life of our community.
Voters are not welcome for this taxation against Property Owners…..
Maybe we can pass an ordinance that my mechanic can operate out of his home across the street as well…. Residences neighborhoods are just that…not business and hotel sites. This is not good…..
My HOA clearly does not allow short-term rentals. I wonder if many of the older neighborhoods deeds do not call out the same? I am not sure if these old deeds are can be enforced as many of them are quite discriminatory.
Two questions:
If a long term renter wants to sublet out the other rooms, does that count as a STR1 or STR2?
If the home is a person’s home of record, but they are not physically there (for example, they are overseas with the military) does this count as a STR1 or STR2?
Giles:
That’s a good question. I am pretty sure it’s the property owner that must apply for the STR permit, not renters. And if the owner doesn’t live there, I believe it counts as a Type 2. Contact Tony Felts, Development Services Manager – 210.207.0153 – to be sure, though.