given the definition of “Principal Residence”. He explained that following his
additional research such a definition was necessary to address the issue of STR
licensure. The definition proposed in the draft took parts from College Station, TX
and Seattle, WA merged them together. The resulting definition was thought to
provide clarity on what type of individual constituted an owner and also provided
recognition to a long-term “tenant” as an owner which was previously discussed
earlier work sessions.
There was significant and lengthy discussion on the proposed definition. There
were concerns expressed about how enforcement issues would be resolved if
tenants were recognized as “owners” and other administrative matters such as
provision of authorization by the underlying land owner that a tenant was
permitted to use their long-term rental as an STR, in essence sub-letting it.
There was an equally robust discussion of the need to create opportunities for the
long-term tenants to be treated like owners since they often were more likely to
be present in such situations than the actual underlying owner of the property for
dealing with day to day matters dealing of the dwelling unit. There was also
discussion that allowing a long-term tenant the ability to considered an owner
would off-set the possible loss of affordable housing stock within the community
by creating a method of income stabilization.
The Commission noted that given the compelling arguments on both sides of the
owner and tenant issue that additional research was needed. It was recommended
that the Commission circle-back to this definition once staff (Planning and Legal)
conducted some additional research. This recommendation was approved and the
definition of “owner” was put in the “parking lot” for further discussion.
The Commission moved onto the definition of “Designated Agent” and after
discussion moved to approve the definition with a modification by a vote of 5-1.
The presented definition was modified to more clearly state that the “designated
agent” (individual or management company) did not have to be on site in the
absence of the property owner. This clarification removed language that reference
“regardless if the property where the owner’s principal residence”. The modified
definition is proposed to read as follows:
Designated Agent. When used in the context of Short-Term Rentals
this term shall mean, an individual or management company
located within the City of Columbia that is available 24-hours per
day who assumes full responsibility for addressing matters arising
with the operation or use of a dwelling unit licensed as a short-term
rental in the absence of the owner of the property upon which such
dwelling is located. The individual or management company is not
required to be on-site in the absence of the owner of the property.
The Commission then moved to discuss the definition of “Principal Residence”. Mr.
Zenner noted that this proposed definition had a “margin note” associated with it
as the definition included a “tenant of greater than 30 days” being considered equal
to an “owner” of the propety. He noted that depending on how the Commission
desired to deal with the definition of owner the “margin-noted” text may be able
to be removed since it would be otherwise redundant. He further noted that
resolving the issues of “owner” and “tenant” was critical given the remaining
structure of the regulations were built upon the definitions of “Principal
Residence” and “Secondary Residence”.
There was significant discussion relating to the definition of “Principal Residence”.