Airbnb and Vrbo rentals face regulation in York: How it affects you

YORK, Maine — The Selectboard will decide Monday night whether to ask voters in May if they want to regulate short-term rentals like those on Airbnb and Vrbo.

Town officials have estimated hundreds to thousands of short-term rentals are listed in York, a town known for summer vacation cottages. Last week, they made new edits to a proposed ordinance for the rentals that technically are unregulated despite being popular in town for 100-plus years.

The board will hold a public hearing Monday on the latest draft and then consider if more changes and another hearing are necessary. The proposal brings new rules, including health inspections and standards for occupancy to improve safety.

Board members have questioned whether they will be able to get the proposal ready in time for the May referendum, possibly pushing it to the November referendum instead.

“I hope it makes it to the ballot in May,” Selectboard Chair Todd Frederick said.

The ordinance has received opposition from several property owners who rent homes in York as short-term rentals. Some say the ordinance is being rushed.

Mark Kinton, who has a short-term rental in York, said the regulations are an overreach of government power and are not balanced between protecting rental owners and their neighbors.

“I am concerned about the potential infringement on property rights that will arise from such excessive regulation,” Kinton said. “Homeowners should have the freedom to utilize their property as they see fit.”

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What are the proposed changes to short-term rental ordinance?

The town began preparing a draft ordinance and collecting public feedback over the last several months, including a public hearing earlier this winter. The board collected feedback from rental property owners and those who live in the neighborhood to make changes to the draft.

The board reviewed the draft to recommend those changes in a morning workshop before the Feb. 12 Selectboard meeting. Town Manager Peter Joseph said the proposed changes would be made public before the public hearing.

The most recent changes included the shift to staggered permitting for the rentals and health inspections. All rentals would have to be permitted with the town effective Dec. 31, 2024, under the ordinance. A lottery would then determine who would have their permit renewed and their health inspection by the town three, four and five years from then. After that, each permit would last three years rather than one year as initially drafted.

The Selectboard also amended the proposed ordinance to allow a home to be sold with its permit kept in place until the end of the year. This would allow a new owner to continue renting the property if purchased.

Rental owner Kimberlee Smith told the board in public comment this year that she was concerned the ordinance required the owner’s identity and address to be posted at the rental. Joseph said that was amended to show a contact number or email for the owner or a manager to protect privacy.

The draft ordinance currently allows two guests per bedroom, plus an additional two individuals. Previously, minors under age 18 were excluded from that count, but the Selectboard changed that age to 16.

The board also changed the ordinance to limit the number of people on the property to double the allowed occupancy for that home. Joseph said that was to prevent major outdoor events from forming in residential areas.

“The major concerns are outdoor gatherings, large events,” Joseph said. “It’s an attempt to draw a distinction between a vacation gathering and what’s otherwise a residential property for a commercial event space.”

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Property owners still skeptical of ordinance

Selectboard members have said they believe regulations should be in place for short-term rentals, though Frederick said it is yet to be seen if a majority supports the ordinance as currently drafted. The rise of Airbnb led to talks about a new ordinance in 2017 after some in residential neighborhoods complained about out-of-control partying.

The discussion resurfaced last year when more complaints to the Selectboard came from the York Harbor section of town. Town officials said now is a more palatable time to pass a short-term rental ordinance since other communities like Ogunquit have already done so.

“An ordinance should be put in place to at least be able to guide what happens with so-called short-term rentals,” Selectboard member Marilyn McLaughlin said Feb. 12.

Kinton, who has spoken in public comment previously, said he is concerned the process of crafting the ordinance has left out members of the industry. He said the ordinance appears overly restrictive and criticized a requirement for inspections and “potentially punitive measures.”

“It imposes blanket restrictions that penalize responsible property owners,” Kinton said. He hopes the town will take a “more balanced approach, incorporating input from stakeholders and experts.”

Frederick believes the board has taken feedback from property owners seriously in making recent changes to the proposed ordinance. He said input will be considered Monday night before the board decides whether to put it on the May ballot or push it to November.

“The board will have to take action on Monday to put it on the ballot,” Frederick said. “It’s either go or no go on Monday.”

This article originally appeared on Portsmouth Herald: York to vote on short-term rental Airbnb and Vrbo rules