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Kentucky House Advances Bill Limiting Local Control on Short-Term Rentals

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A view of short-term rental properties in a Kentucky neighborhood

News Summary

The Kentucky House of Representatives has passed Senate Bill 61 with a 59-28 vote, limiting local control over short-term rental regulations. The legislation, which garnered mixed reactions among lawmakers, prohibits density regulations and mandates local governments to approve rental applications within 30 days. Critics express concerns about the potential negative impacts on community stability, particularly in cities like Lexington and Louisville, which currently have restrictions. The bill now awaits review by the Senate, and its implications may reshape the landscape of short-term rentals in Kentucky.

Frankfort, Kentucky – The Kentucky House of Representatives has passed Senate Bill 61, which limits local control over short-term rental regulations. This legislation, approved with a 59-28 vote, primarily focuses on prohibiting density regulations, a change that has garnered both support and criticism among lawmakers and local governments.

The bill underwent amendments spearheaded by House Speaker David Osborne, changing its initial intent, which was to ease regulations on swimming pool inspections. The passage reflects a prevailing trend in the state towards reducing local autonomy in regulating short-term rentals, particularly in cities like Lexington and Louisville, which currently have restrictions due to community concerns about overpopulation in neighborhoods.

State lawmakers will now send the amended SB 61 back to the Senate for review of the House’s changes. If the bill becomes law, it will direct local governments to approve short-term rental applications within 30 days and restrict denial based solely on public safety, health, or welfare issues—eliminating the use of density restrictions as a reason for denial.

As a result of the bill, cities such as Lexington, which enforce density limits for short-term rentals, may face immediate repercussions. Currently, Lexington’s ordinance allows for the denial of conditional use permits if unhosted rentals are within 600 feet of each other or if short-term rentals constitute more than 2% of homes within a 1,000-foot radius. All such restrictions would be nullified if SB 61 is enacted.

The implications of the bill have raised alarms among some representatives, particularly those who represent affected neighborhoods. Concerns revolve around potential negative impacts on community stability and quality of life, with critics of the amendment claiming it undermines local governance and public oversight.

Additional efforts to limit local governments’ authority over short-term rental markets during this legislative session were not advanced. Earlier proposals on the matter were not brought to committee for discussion, leading to a concentrated focus on SB 61.

Leaders in cities across Kentucky, including Covington, argue that local decision-making is crucial and that those elected to government should reflect the unique needs of their communities. The pushback indicates a growing divide between state lawmakers aiming for uniformity in regulations and local officials advocating for tailored governance to address local issues effectively.

Moreover, the context of SB 61 is intertwined with ongoing legal disputes involving major short-term rental platforms like Airbnb, which has faced criticism in Kentucky over unpaid local hotel taxes. While Airbnb has agreements in place to pay local taxes in various cities, including Lexington, Louisville, and Bowling Green, the company asserts that remitting taxes across multiple jurisdictions presents challenges. In contrast, Vrbo, a competitor, reportedly complies with local tax obligations consistently, highlighting a discrepancy in business practices within the industry.

In sum, the passage of Senate Bill 61 illustrates a significant shift in Kentucky’s approach to short-term rentals, prioritizing streamlined regulations at the state level over local control. The outcome of this legislation will directly shape the landscape of short-term rentals in Kentucky, as local leaders prepare for the potential fallout within their communities.

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Additional Resources

Kentucky House Advances Bill Limiting Local Control on Short-Term Rentals

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