York Beach property owners fight new rules for Airbnb, Vrbo rentals, calling it a 'tax'

YORK, Maine — Owners of short-term rentals called newly proposed regulations for their industry unnecessary Monday, arguing York has had seasonal rentals for a century without oversight.

The proposed regulations, presented to the town's Selectboard Monday, could go to voters for approval in May. The proposal comes amid a rapid rise in online rentals like Airbnb in town and complaints from residents.

Several property owners came out Monday to express they did not want to see new regulations and permit fees. Some said adding a licensing fee to short-term rentals amounted to a new "tax" on top of what they already pay.

“York has a history of weekly rentals now at the beach for the last hundred years,” said Ed Shiembob, who has a summer rental business at Short Sands Beach. “I don’t know if an ordinance as extensive as this is justified at this point.”

The regulations would also include health and safety protocols and limitations on the number of guests per unit.

While property owners shared their concerns, some who live in town say the regulations are welcome. The introduction of online rental sites like Vrbo has led to concerns from residents about homes being rented out as party houses, disrupting the neighborhood.

“Mom and pop rentals are a long, long history in York,” said Jim Smith, who lives at 440 York St. “But this enormous explosion of Airbnbs has changed that. It’s a very different game these days.”

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Proposed regulations for short-term rentals in York

Short-term rentals are technically not allowed in York, according to the town’s ordinance, despite their existence for many decades.

The town has considered regulating short-term rentals since 2016 and 2017, when officials first looked at addressing the boom in online rentals. The Selectboard opted against putting an ordinance on the ballot to allow time for other municipalities and the state to establish regulations, according to town Planning Director Dylan Smith.

The Selectboard brought back discussion this year when residents in York Harbor approached its members about disruptive rentals in their neighborhood.

Dylan Smith has since drafted a proposed ordinance and presented it to the board Monday night. The ordinance explicitly states it is designed to protect residents.

“This ordinance is intended to ensure that residential neighborhoods are not unduly impacted by the operation of short-term residential rentals,” the ordinance reads.

The proposed ordinance includes a licensing fee but does not list a dollar amount, leaving it up to the Selectboard to decide. The revenues from the collected fees will go to a fund used by the code enforcement officer to ensure compliance with the ordinance.

Accessory dwelling units can only be used for short-term rentals if the owner remains living in the main structure of the property. Renting an ADU while living away from the property would be prohibited. Town officials have said ADUs are preferably used for affordable housing, not short-term vacation rentals.

Short-term rentals would need to comply with safety regulations in the ordinance. Those include having a fire extinguisher on site, smoke and carbon monoxide alarms in several parts of the unit, and evacuation plans. Town Manager Peter Joseph said visitors staying in an Airbnb might have trouble evacuating in case of fire if they are not familiar with the layout.

Selectboard member Marla Johnson said the regulations are needed for safety.

“A lot of the reason that we’re here is wanting to make sure that places are safe,“ Johnson said. “We want to accommodate things but … safety should be important.”

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York Beach property owners react to proposed fees, regulations

Monday’s meeting did not include a public hearing on the ordinance.

However, several spoke out during the public comment portion of the meeting.

Several claimed adding a fee was merely a “tax” on business owners in town. Patrick Woods, who owns short-term rentals in town, argued property owners already pay a 9% tax to the state for owning the rentals.

“I don’t feel like an additional fee and tax would be in line,” Woods said. He added that short-term rentals are not causing problems for residents in town.

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Another property owner, Ed McKenna, said a blanket rule limiting rentals to two guests per bedroom, plus a limit of two extra guests, limited renters of larger properties. The limits in the proposed ordinance are based on sewer impact, but McKenna argued a 3,000-square-foot house should not have the same occupancy limitations as a 700-square-foot ADU.

“It just doesn’t make square-foot sense,” McKenna said.

Some proposed tweaks to the proposed ordinance they hoped would make it easier on property owners. Greg Gosselin proposed that short-term rental permits should transfer to the new owners if a property is sold, allowing them to continue the business until they need to renew the permit at the end of the year.

Public hearings for proposed ordinance amendments are expected to take place at the second Selectboard meeting of January and February, according to documents in the Selectboard’s meeting packet.

Selectboard Chair Todd Frederick said most of the feedback received by the board indicated property owners in town are seeking clarity on the proposed changes. He disagreed with some, saying he does not view the new fee as an unfair tax.

“I don’t buy that,” Frederick said. “It’s a business, not a home occupation.”

This article originally appeared on Portsmouth Herald: York Beach property owners resist new regulations for Airbnb rentals