Commissioners approved amendments to its short-term rental regulations, changes officials said will help crack down on unlicensed renters, clarify the rules and conform with the law.
Clark County Commissioners on Tuesday approved amendments to its short-term rental regulations, making changes officials said will help crack down on unlicensed short-term rental operators, clarify the rules and conform with the law.
The ordinance passed unanimously amid pushback from county residents who showed up to Tuesday’s commission meeting to reiterate demands that the county instead focus on fixing and reopening its licensing process.
Officials said the new changes only apply to rental platforms like Airbnb and Vrbo, which currently must verify that the short-term rental properties have a county business license before they’re listed on the platforms.
With the change, business licensing confirmation will only be required once bookings are made, and the rental platforms will no longer have to remove listings if they find that the properties lack a business license, according to one of the amendments. The county said it will also implement an electronic verification system.
“This effort will help to address the public safety concerns the County receives from neighbors of unlicensed short-term rentals while providing a clear pathway for those licensed to be booked by customers,” said Clark County in a statement. “Despite public comments to the contrary, this ordinance change does not target the owners and operators of short-term rentals but rather helps to better identify those properties that are licensed to be reserved.”
County Deputy District Attorney Jeff Rogan said some of the amendments were brought forth to comply with federal law by removing any suggestion that the government requires the platforms to police their bookings. He said that responsibility falls to the county.
The change was not welcomed by short-term rental owners.
“The county wants you to believe today’s vote is about reining in ‘lawless’ individuals and platforms,” said Jacky Flores, founder and president of the Greater Las Vegas Short-Term Rental Association, in a statement. “It is not.”
She cited examples of homeowners stuck in limbo since Clark County paused new short-term rental applications.
Airbnb referred the Review-Journal to a previous statement. Vrbo did not respond to a message seeking comment.
“When a community so deeply rooted in tourism continues to face decline, elected officials should work with the industry to find solutions that keep visitor spending flowing and in the hands of locals,” wrote an Airbnb spokesperson. “Instead, the county continues attempts to eliminate a large portion of accommodation options for visitors, risking millions in tax revenue and tourism dollars that trickle down to the county’s casinos, restaurants, shops, and small businesses.”
Pending lawsuit
The association and Airbnb sued the county last year, alleging that it did not provide the proper means to obtain licensing and punished residents who tried to rent their properties through the platform with hefty fines.
A federal judge granted a preliminary injunction that prevents the county from enforcing some of its regulations while the case plays out in court.
“This fight is about everyday Nevadans who deserve to take part in the economic opportunities this community has to offer — and it is far from over,” Flores said.
Other amendments
Online listings currently have to include a business license number and occupancy limits. The rule will now only apply to home listings created by the platforms.
A monthly report from the platforms that the county uses to track tax collection data will no longer be required. Instead, the platforms will need to retain the data for three years and present it upon request.
Under the new ordinance, the platforms will be required to provide copies of county-issued subpoenas to affected homeowners within seven days.
“As a reminder, the County was required by the Nevada Legislature to create a process for the licensing and enforcement of short-term rentals, and this process does need to balance the concerns of the community while creating a properly licensed business pathway,” added Clark County’s statement.
Contact Ricardo Torres-Cortez at rtorres@reviewjournal.com.
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