If you feel confused by your local vacation rental regulations, you are not alone. On top of different regulations in almost every town, the regulations of different jurisdictions in the same geographic area can overlap.
If your state, county, city, and homeowners association (HOA) all have regulations on short-term rentals, how do you know which regulations prevail over others?
Learning where each jurisdiction stands in the hierarchy of authority can help you distinguish which regulations pertain to your specific short-term rental.
Hierarchy of vacation rental regulations
Federal laws
Federal statutes overrule the laws of local governments. Local governments refer to the state, county, city, and local HOA. However, so far, the federal government has no laws pertaining to vacation rentals.
State laws
State laws take precedence over other local laws.
Some states have preemptive laws that prohibit city and county governments from banning vacation rentals. Other state laws are silent on the matter of vacation rentals in which case local regulations kick in.
City or town ordinances
If state laws don’t prohibit local vacation rental ordinances, then cities and towns have the final say over how you operate your short-term rental business. Cities and towns can pass ordinances that restrict where you can operate a short-term rental. They also can require a license or permit to operate.
County ordinances
Although a county is larger than a city, its powers are more limited than municipal authority.
If a county allows vacation rentals and a city within that county does not, the city’s ban trumps the county law allowing short-term renting.
County laws exist to cover areas of the county that are unincorporated. Any area that is not part of a city or township would be considered unincorporated. Hypothetically, a city could ban vacation rentals, while the county allows vacation rentals just outside the city limits.
Read more about how short-term rental regulations are made.
HOA covenants
HOA covenants are rules, restrictions, and legally binding agreements within a housing development.
In some cases, an HOA might have a covenant that allows vacation rentals, but a city or county later bans them. The city or county law would overrule the HOA covenant. However, if the HOA bans vacation rentals and the city or county allows them, vacation rentals still would be banned within that HOA. In other words, both the city and your HOA must allow short-term rentals in order for you to host one in the neighborhood.
How to find local short-term rental rules
The location of local laws and terminology can be different from jurisdiction to jurisdiction. Generally, you can find most laws online. If the laws aren’t online, it is your right to view those laws at the applicable government agency.
State laws
State laws typically reside in a searchable database on the state legislature’s website. They are often called “revised code” or “revised statutes.” To find the appropriate law, you may need to know how state lawmakers refer to short-term rentals. They might be called short-term rentals, vacation rentals, or transient lodging, so type in all of those keywords in the search field.
County ordinances
Search the name of your county and state to find your county website on Google. You may be able to find county laws in the Code of Ordinances. The Code of Ordinances might be on your county website or fragmented into relevant sections like zoning ordinances or short-term rental regulations. If you cannot find your county ordinances, contact your county clerk’s office, the housing or planning department, or the main administration for further guidance.
City ordinances
Conduct a Google search for your city’s website. City websites will often have a separate page just about short-term rental regulations, but if they don’t, you may be able to search the Code of Ordinances directly.
The Municode website provides a short-cut to some city ordinances. Go to the website and click on your state on the image of the U.S. map. The city’s websites are listed alphabetically from there. Click on your city. Once you see the code pop up, type in short-term rentals, vacation rentals, or transient lodging in the search field at the top.
HOA covenants
Typically, you receive a copy of your HOA covenants when you purchase your home. The association’s board of directors or the property management company handling your HOA also should be able to provide those covenants on demand.
Ask questions about vacation rental regulations
If the rules aren’t clear, ask questions. Local government officials are employed to serve the public, so don’t be afraid to ask questions about where to find regulations. Ask for clarity if you don’t understand the rules. Your local short-term rental alliance also can help give guidance and provide clarifications.
Get involved in short-term rental advocacy
One of the best ways to understand your local regulations is to get involved in advocacy. Advocacy means getting to know your elected officials and the administrative staffers who handle short-term rentals at your local government. It also means telling your story, asking questions, and providing feedback on vacation rental regulations.
Read our advocacy guide that walks you through how to get started in STR advocacy.
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