Cities and towns would be prohibited from banning short-term vacation rentals under a bill passed by the N.H. Senate and under consideration in the House.
Municipal officials have strongly opposed Senate Bill 249, saying it would usurp local zoning authority.
Short-term rentals have become much more prevalent in recent years with the success of online marketing companies such as Airbnb and Vrbo.
But increased use of these vacation rentals, particularly in resort areas, sometimes leads to conflicts with neighbors over noise, trash, trespassing and improperly parked cars.
This in turn has spawned municipal-level regulatory efforts, including banning short-term rentals from certain areas. This sort of restriction would be prohibited by SB 249.
On the other side of the issue are members of the business community who benefit from visitors and homeowners who feel they should be allowed to rent out their house as they see fit.
Keene has not adopted special restrictions or regulations for short-term rentals, Mayor George Hansel said in an interview Friday.
He also said he has not heard complaints about these businesses. The Airbnb and Vrbo websites show dozens of properties throughout the Monadnock Region.
“There is a need for short-term housing for visiting students, graduate programs, credentialing programs, folks doing internships, traveling nurses and others,” Hansel said.
In general, though, he said he opposes legislation such as SB 249 that would infringe upon local decision-making.
At 80 Roxbury St. in Keene, Jaclyn Cole, 27, owns a property that she rents out on a short-term basis. In November, she was named Airbnb’s best new host in New Hampshire.
Cole said there have been no conflicts with neighbors, which include an apartment building as well as commercial businesses and homes. She has been happy with her clients.
“I kind of market it toward couples as sort of a romantic getaway,” she said.
She leaves information inside the unit about nearby restaurants and businesses, which she feels is good for the local economy.
“A lot of people come because somebody is having a wedding nearby or because they want to hike or ski,” Cole said. “Some people are coming because of Keene State College, or it could be a parent dropping off or visiting their kid for the weekend.”
At a meeting of the House Municipal and County Government Committee Thursday, municipal officials from around the state urged that the panel give a negative recommendation on SB 249 to the full House.
The committee is scheduled to vote on the bill April 18. It would become law if the measure passes the House and is signed by Gov. Chris Sununu.
Margaret Byrnes, executive director of the N.H. Municipal Association, told the committee the bill is overly broad.
“Senate Bill 249 would allow short-term rentals everywhere,” she said. “This bill would not allow municipal officials to allow short-term rentals in some districts but not in other districts.”
The legislation would take away fundamental rights from local officials to preside over zoning decisions, Byrnes said.
“Other than the tilling of soil and the harvesting of crops, there is no other land use that is allowed in every district and every area within a municipality,” she said.
Speaking in favor of the bill, Bob Quinn, chief executive officer of the N.H. Association of Realtors, said renting out one’s property is an important private property right and a normal residential use that should not be prohibited.
He said the bill allows inspections and registration of such properties and a municipality retains the right to regulate issues such as parking, noise, safety, health, sanitation or other local ordinances.
Short-term rentals provide more than $40 million in rooms and meals taxes to the state, he said.
“When you purchase a property, you get a bundle of rights. One of those that you get is the ability to rent out your property. If that is removed, the value of your property is decreased,” Quinn said.
Meanwhile, litigation is in play that could affect the future of short-term rentals in New Hampshire.
Carroll County Superior Court Judge Amy Ignatius has ruled against the town of Conway in a lawsuit it brought against a man who was operating short-term rentals there in violation of a local zoning ordinance barring them from residential districts unless they are owner occupied.
The town has appealed the case to the N.H. Supreme Court.
SB 249, a bipartisan bill, was approved by the N.H. Senate in a voice vote on Feb. 16. Sen. Harold French, R-Canterbury, is the prime sponsor.
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