50 States Survey of State Law on Short-Term Rentals
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StateRegulation DescriptionInternet link:
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AirBNB has a list of which states require an occupancy transient tax to be paidhttps://www.airbnb.com/help/article/653/in-what-areas-is-occupancy-tax-collection-and-remittance-by-airbnb-available
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AlabamaNo state preemption statutes
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AlaskaNo state preemption statutes
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ArizonaHas state preemption statutehttp://law.justia.com/codes/arizona/2016/title-42/section-42-5076/; http://law.justia.com/codes/arizona/2016/title-9/section-9-500.39/;
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ArkansasNo state preemption statutes
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CaliforniaLimited state statute requiring certain notice sent to operator of short term rental by rental platformCal. Bus. & Prof. Code § 22590 (Deering, Lexis Advance through all 2016 legislation and propositions (2016 Regular and 2015-2016 2nd Ex. Sessions))
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ColoradoNo state preemption statutes
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ConnecticutNo state preemption statutes
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DelawareNo state preemption statutes
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FloridaNo state preemption statutehttp://floridarevenue.com/Forms_library/current/gt800034.pdf
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GeorgiaNo state preemption statute
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HawaiiMultiple bills introduced and failed in the past, Introduced State Preemption Legislation in 2017 HI H.B. 1470; http://www.capitol.hawaii.gov/session2017/bills/HB1470_.PDF
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IdahoIntroduced State Preemption Legislation in 2017 ID H.B. 66http://legislature.search.idaho.gov/isysquery/f91b3557-5de3-4643-893d-2eee2b76f0ee/10/doc/
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IllinoisNo state preemption statutes
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IndianaHome Rule state. No state legislation speaking specifically to STR; however, case law from state sup. ct. permitted a locality to enforce zoning regulation that forbade STR of single-family zoned property "We find the ordinance clearly forbids the renting of a home in the Residential District." Siwinski v. Town of Ogden Dunes, 949 N.E.2d 825, 830 (Ind. 2011). Two years prior to state Court of Appeals upheld rental of cabins as a "residential use" because the covenants attached to the property explicitly permitted that use: "In looking at the language in the covenants, it is instructive that the covenants do not by express terms prohibit the short-term rental of the lots in the neighborhood. The covenants at issue do not contain any direct and definite prohibition against Colucci's nightly or weekly rental of its property. In fact, the covenants actually contain language that states, 'Nothing herein contained shall prevent the leasing or renting of property or structures for residential use.' Applegate v. Colucci, 908 N.E.2d 1214, 1220 (Ind. App. 2009)
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IowaNo state preemption statute or case law. Bill attempted to do so, died in committee: https://legiscan.com/IA/bill/HF161/2015
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KansasNo state preemption statute or case law
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KentuckyNo state preemption statute or case law
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LouisianaNo state preemption statute or case law
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MaineNo state preemption statute or case law
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MarylandNo state preemption statute or case law. Apparently, municipalities are free to regulate. Link to Montgomery County, MD Planning Commission stating that STRs for less than one month are prohibited: http://montgomeryplanning.org/planning/functional-planning/short-term-residental-rentals/ ----- However, it looks as if AirBnB agreed to collect taxes in Montgomery County in order to operate: http://www.baltimoresun.com/business/bs-bz-airbnb-montgomery-taxes-20160518-story.html
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MassachusettsNo state preemption or case law. AirBnB does have a link on how to operate in Boston, so I am assuming that regulation is left to the localities: https://www.airbnb.com/help/article/859/boston--ma
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MichiganNo state preemption or case law. News article (from 2015) noting that no state law exists; only munis regulate: http://www.detroitnews.com/story/business/2015/12/14/airbnb-laws-room-rentals-tourist-travel/77267022/
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MinnesotaNo state preemption. Some cities have limited availability, (e.g. cannot rent out residential zone for less than 15 days. http://www.kare11.com/news/mn-cities-starting-to-regulate-airbnb/31904731) --- St. Paul considered regulations in July 2016; article notes that Minneapolis had not passed any regualtion on point as there were not yet problems with STRs http://www.startribune.com/st-paul-considers-regulations-on-short-term-rentals-like-airbnb/385777301/
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MississippiNo state preemption or case law.
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MissouriNo state preemption or case law. State House passed a bill protecting AirBnB from local regulations: http://www.washingtontimes.com/news/2016/may/2/missouri-house-passes-legislation-to-protect-airbn/ No news since; doesn't seem that it was enacted into law. http://www.house.mo.gov/bill.aspx?bill=HB2662&year=2016&code=R
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Montana No enacted preemption or case law. However, Mont. Code Ann. § 50-51-102(12) defines “[t]ourist home” [as] a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis." which requires that "a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department [of public heath and human services.]" Mont. Code Ann. § 50-51-201. Apparently, these operators are subject to inspection and report by "[s]tate and local health officers, sanitarians-in-training, and registered sanitarians . . . ." Mont. Code Ann. § 50-51-301. But, again, no finding of an express preemption of local regulation.
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Nebraska"an act to prohibit ordinances and resolutions prohibiting short-term rentals of residential property"http://nebraskalegislature.gov/FloorDocs/105/PDF/Intro/LB628.pdf
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NevadaNo preemption statute currently; however, legislature just convened on Feb 6th, they meet on odd years or have a special sessionhttps://www.leg.state.nv.us/Session/79th2017/
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New HampshirePassed HB531 2015; HB654 and S173 Pending 2017 regarding taxationhttp://gencourt.state.nh.us/bill_status/billText.aspx?sy=2017&id=287&txtFormat=html
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New Hampshire"Radiator Cap" amendment to HB 654 would replace text of bill and create study commission on regulating short term rentalshttp://gencourt.state.nh.us/bill_status/billtext.aspx?sy=2017&txtFormat=amend&id=2017-0374H"Radiator cap" means to take off a car's radiator cap, drive the car out from under it, drive a whole new car under it, and put the cap back on. Thus, to "radiator cap" a bill is to retain only the bill's number or parts of the title. This has been done a few times in Idaho.https://www.idahoednews.org/kevins-blog/the-dark-art-of-radiator-capping/
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New JerseyA215 did not pass: The "Seaside Lodging and Rental District Act"; imposes tax on certain lodging properties for tourism promotion therein.
https://legiscan.com/NJ/bill/A215/2014http://www.njleg.state.nj.us/2014/Bills/A0500/215_I1.PDF
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New MexicoNo current preemption statute; a couple of STR Occ Tax bills are pendinghttps://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=266&year=17https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=254&year=17
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New YorkIt's complicated: "Last October, New York Governor Andrew Cuomo signed legislation that effectively banned short-term rentals within the state." https://panampost.com/editor/2017/02/13/anti-airbnb-legislation-reaches-ridiculous-level-in-nyc/After discussing the situation with the state of New York, Airbnb agreed to abandon their lawsuit and in return, the state promised to only prosecute those listing their homes on the site, instead of the company itself.
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North Carolina2016 Special Session free-for all. Who knows. (still looking) H347 listed on map, from 2105 session was a single county occupancy tax authorization http://www.ncleg.net/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2015&DocNum=1664&SeqNum=0http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S842v1.pdfhttp://www.ncleg.net/sessions/2015e4/bills/house/html/h3v1.htmlUnlike Idaho, North Carolina is apparently unconstrained with requirements for legislation to have a "single subject"
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North DakotaNope
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OhioNo state pre-emption; local regulations are tax-orientedhttp://www.policymattersohio.org/blogpost-airbnb-march2016
https://www.legislature.ohio.gov/legislation?15&pageSize=500&start=1&sort=LegislationNumber&dir=asc&keywords=rental&statusCode&generalAssemblies=131
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OklahomaNopehttp://www.oklegislature.gov/SubjectIndex.aspx?Default=A&Session=Current
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OregonNo statewide preemption; notable cities have bans or restrictions; no known pending statewide leg. 2015 tax collection bill HB2067 held in committeehttps://www.airbnb.com/help/article/875/portland--orhttps://olis.leg.state.or.us/liz/2015R1/Measures/Overview/HB2067
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Pennsylvania 3 pending bills H1314 H794 H1316; all failed and all were to enforce tax collectionshttp://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1314&pn=1777https://blog.princelaw.com/2016/07/25/private-room-rentals-under-30-days-are-subject-to-pas-6-hotel-occupancy-tax/
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Rhode IslandFor anyone renting out an entire home/cottage/condo/etc., for 30 days or less, must register with the Division of Taxation and oay a $10 fee annually and are charged 7% sales tax and 1% hotel tax. If renting rooms for 30 days or less must register for a sales permit with the division and pay the $10 fee but be charged 7% sales tax, 5% hotel tax; and 1% tax on all transactions. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwibt6yZgIbSAhUC3GMKHQEfCdIQFggcMAA&url=http%3A%2F%2Fwww.tax.ri.gov%2FTax%2520Website%2FTAX%2Fnotice%2FShort-term%2520residential%2520rentals%2520--%2520FAQs%2520--%252007-15-15%2520final.pdf&usg=AFQjCNHsGkD4fRNkY-7GRntB_Ydu-HdT8w&cad=rja
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South Carolinano state premption statute
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South Dakotanope
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TennesseeCurrently the state is letting the counties/cities make their own legislation. However, state legislature is attempting to keep counties from making their laws too over reaching. Nashville has created a system that hinders short-term rentals such as Airbnb, and this new law if accepted will help such rentals.
http://www.tennessean.com/story/news/politics/2017/02/09/state-bill-would-override-nashville-short-term-rental-rules-block-ban/97699934/
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TexasShort erm Rental regulations are left up to the cities to regulate or de-regulate. Texas court's have been leaning on limiting restrictions on STR's.
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UtahNo state law preempting local gov't from adopting ordinancs
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VermontRenters are subject to a meals and room taxhttp://tax.vermont.gov/business-and-corp/meals-and-rooms-tax/short-term-rentals
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VirginiaVirginia allows local municipalities to tax short term renters as they wish. They also defined what a short term renter is in this legislation attached. http://law.lis.virginia.gov/vacode/title58.1/chapter35/section58.1-3510.4/
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WashingtonWashinton applies at 6.5% state sales tax on short term rentals. However, local laws can add to that. http://www.dor.wa.gov/Content/GetAFormOrPublication/PublicationBySubject/TaxTopics/ShortTermRentals.aspx
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West VirginiaNo state premption statute
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WisconsinNo state premption statute
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WyomingNo state premption statute
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