City of Laconia home rentals

[Woodsy]

IMHO,

While I don't think government should really have to get involved...

If you live in an area that is zoned Residential, then you probably shouldn't be doing short term rentals. Your neighbors didn't sign up for a small motel next door.

If you live in the Commercial Resort zoned areas of the city like the Weirs, you should be allowed to do short term rentals as long as your HOA allows it.

For the record, I live in the Weirs and my HOA does not allow short term rentals.

Woodsy

[Biggd]

Originally Posted by Woodsy

IMHO,

While I don't think government should really have to get involved...

If you live in an area that is zoned Residential, then you probably shouldn't be doing short term rentals. Your neighbors didn't sign up for a small motel next door.

If you live in the Commercial Resort zoned areas of the city like the Weirs, you should be allowed to do short term rentals as long as your HOA allows it.

For the record, I live in the Weirs and my HOA does not allow short term rentals.

Woodsy

It's been a staple of resort areas forever but now that it can be tracked it's no longer allowed? That doesn't really make sense. I don't rent my house out but I wouldn't want to be told I couldn't. My neighbor across the street from me rented her A frame out all summer, weekly rentals, and I had no issues with the tenants but if I did she would hear about it.

[Major]

Originally Posted by Biggd

It's been a staple of resort areas forever but now that it can be tracked it's no longer allowed? That doesn't really make sense. I don't rent my house out but I wouldn't want to be told I couldn't. My neighbor across the street from me rented her A frame out all summer, weekly rentals, and I had no issues with the tenants but if I did she would hear about it.

If you live in a zoned residential area, you cannot rent your house on a short term basis without a variance or by changing the zoning. In the past, the City chose not to enforce the zoning laws. With the advent of internet short term rental sites, the issue is now at the City level, and now they are enforcing the zoning laws. I agree with Woodsy. I would not expect while living in a zoned residential neighborhood to have weekly rentals next to my home.

The enforcement of the zoning laws has nothing to do with the evaporation of the Live Free or Die mentality of our great State. Our State's moto has been undergoing a slow death (no pun intended) over the past decade or so. Growth of government and the insatiable desire for the almighty tax dollar have done more to change our mindset away from the Live Free or Die mentality.

[Biggd]

Originally Posted by Major

If you live in a zoned residential area, you cannot rent your house on a short term basis without a variance or by changing the zoning. In the past, the City chose not to enforce the zoning laws. With the advent of internet short term rental sites, the issue is now at the City level, and now they are enforcing the zoning laws. I agree with Woodsy. I would not expect while living in a zoned residential neighborhood to have weekly rentals next to my home.

The enforcement of the zoning laws has nothing to do with the evaporation of the Live Free or Die mentality of our great State. Our State's moto has been undergoing a slow death (no pun intended) over the past decade or so. Growth of government and the insatiable desire for the almighty tax dollar have done more to change our mindset away from the Live Free or Die mentality.

My house is in Meredith. Sorry to say but, if I owned property in Laconia it would be up for sale.

[Red apple]

Originally Posted by Biggd

My house is in Meredith. Sorry to say but, if I owned property in Laconia it would be up for sale.

Unfortunately Meredith and other lake towns are dealing with the same thing and will all be making changes to protect the residences in residential zoning areas.


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[Biggd]

Originally Posted by Red apple

Unfortunately Meredith and other lake towns are dealing with the same thing and will all be making changes to protect the residences in residential zoning areas.


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I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

[Woodsy]

Originally Posted by Biggd

I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

I don't think anyone has ever had a problem if the neighbors rented their house out once or twice a year for week to cover taxes. Like you said that has been going on forever. However, with the advent of websites like Airbnb & VRBO, these rentals have essentially become an unregulated and untaxed small business. That is a problem.

I am not sure how the issue can be resolved, unless you restrict it to areas zoned a certain way.

Woodsy

[TiltonBB]

Originally Posted by Biggd

I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

There are many waterfront homes that are used full time as rentals. My Gilford house is one of those. It is a weekly rental in the summer and one tenant from September until Memorial Day. The two houses immediately adjacent to the other side of the property (I spend summers in) have also been used 100% as rentals for the past 6 summers. I have no complaints about the people who have rented them and have not been impacted at all. Many of these rental homes were purchased by their owners for precisely that purpose.

If renting is significantly impacted by changes or enforcement of the laws I believe many homes will go on the market, and that will drive the sale prices down. That ranges from the families who rent to help offset expenses and use the property themselves, to properties that are rentals 100% of the time. When fewer house on the lake are available for rent, look for the weekly rental prices to skyrocket.

I still feel that the ideal solution is enforcement of noise regulations and regulations that specifically impact the problem property. As of this time, anyone who has purchased a home that is not in an association knew that there was a possibility that their neighbors could rent their home out. If the home is in an association the documents available before the purchase would inform the purchaser of the rental policy and may impact their decision to purchase.

We don't need to keep adding laws in the "Live Free or Die" state. In the view of many, continuously adding laws and regulations has already negatively impacted boating on the lake.

[kjkam]

Can someone confirm that Laconia is not creating a new law, just enforcement of existing regulations?

[fatlazyless]

The Laconia Daily Sun has an Oct 11, 2018 article: 'Short-term rentals come under new enforcement plan' that is a good read. It says the city already has the authority to restrict rentals according to permitted uses in various zones, and can fine the landlords who do not respond $275/day.

LaDaSun-Nov 28, 2018: 'Four enforcement actions launched under Airbnb policy'

LaDaSun-Dec 18, 2018: 'Board deals blow to Airbnb-type rentals'
…………

Conway Daily Sun-Jan 26, 2018: 'Unfairbnb? Short-term rentals mired in controversy'

[Garcia]

An easy solution, in my opinion, is to make a distinction between a short term rental to offset costs and a business venture. Pick a reasonable number, say 30 days/year that allows property owners to rent out their homes for short term rentals. If a property owner exceeds that number of days, it would be considered a business and face different, stiffer regulations.

Regardless of the number of days the property is rented, collect the state and local rental tax. If you are renting through Airbnb or VRBO, this is very easy to do.

Like any other regulation there are ways people can work around or ignore the above suggestion and no law or regulation is perfect. This is a model that has worked well in other communities.

[Woodsy]

Originally Posted by Garcia

An easy solution, in my opinion, is to make a distinction between a short term rental to offset costs and a business venture. Pick a reasonable number, say 30 days/year that allows property owners to rent out their homes for short term rentals. If a property owner exceeds that number of days, it would be considered a business and face different, stiffer regulations.

Regardless of the number of days the property is rented, collect the state and local rental tax. If you are renting through Airbnb or VRBO, this is very easy to do.

Like any other regulation there are ways people can work around or ignore the above suggestion and no law or regulation is perfect. This is a model that has worked well in other communities.

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

[joey2665]

Originally Posted by Woodsy

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

That's the way it is in Florida. I have a home their which I rent short term and it is the obligation of the owner to report file and pay (which the owner collects from the tenant) the rental tax.

[Garcia]

Originally Posted by Woodsy

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

It is the owners responsibility to follow the law, collect and send in the tax, etc. It works in other communities - but you're right that if there are flagrant violators, someone needs to let the enforcement body know.

[Redbarn]

This has nothing to do with the state Meals and Rental tax.

The cities New rule is about zoning, and if short term rentals are a permitted use in the zone. Also the article does Not state a very important point. Short term rentals are allowed in the CR and SFR zones. So really this new rule is just to prevent short term rentals in the downtown area. It does not apply to most of the shore front and Weirs, since they are CR and SFR. So most vacation rentals are not effected.

I will also include a link to the tax map so people can see what is effected.

https://www.laconianh.gov/DocumentCe...ing-Map?bidId=https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

If I was a person who rented in an area that is currently now prohibited. I would be asking where that was written in the zoning that it is not allowed. I have not seen that yet and I couldn't find it but I didn't look very hard.
You can see the table here https://www.ecode360.com/attachment/...0Table%20I.pdf

The closest after a quick skim I can see is maybe "Bed and Breakfast" but I doubt it meets the criteria, but it would be a CUP not a Variance. My point is the zoning didn't have short term rentals as something that was or wasn't allowed.

So at some point I would imagine, someone will challenge this. Especially if they purchased a property and the zoning was one way and then all of a sudden it was another with no public input. To create new zoning rules doesn't the public get to vote or have a hearing? Beyond my knowledge.

[Major]

Originally Posted by Redbarn

This has nothing to do with the state Meals and Rental tax.

The cities New rule is about zoning, and if short term rentals are a permitted use in the zone. Also the article does Not state a very important point. Short term rentals are allowed in the CR and SFR zones. So really this new rule is just to prevent short term rentals in the downtown area. It does not apply to most of the shore front and Weirs, since they are CR and SFR. So most vacation rentals are not effected.

I will also include a link to the tax map so people can see what is effected.

https://www.laconianh.gov/DocumentCe...ing-Map?bidId=https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

If I was a person who rented in an area that is currently now prohibited. I would be asking where that was written in the zoning that it is not allowed. I have not seen that yet and I couldn't find it but I didn't look very hard.
You can see the table here https://www.ecode360.com/attachment/...0Table%20I.pdf

The closest after a quick skim I can see is maybe "Bed and Breakfast" but I doubt it meets the criteria, but it would be a CUP not a Variance. My point is the zoning didn't have short term rentals as something that was or wasn't allowed.

So at some point I would imagine, someone will challenge this. Especially if they purchased a property and the zoning was one way and then all of a sudden it was another with no public input. To create new zoning rules doesn't the public get to vote or have a hearing? Beyond my knowledge.

The issue isn't in areas where commercial zoning exists. The issue is where the zoning is residential. In South Down and Long Bay, the zoning is residential. The City is now enforcing the zoning law, although residents have been renting their properties on a weekly basis for years. Owners of properties in these residentially-zoned communities now have to go before the Board for a variance. There is no "new" law to my knowledge, merely enforcing existing law.

[Redbarn]

I understand, what you are saying. Where is the existing zoning law that states short term rentals are not allowed?
I can't find it.

In the zoning table of uses, I don't see "short term rentals" that or "airbnb policy". So I seems like the city is saying because it is omitted, here is our policy. My point is the current zoning isn't equipped for it, so they made decisions on it with out public input. I could be very wrong, I would just like to see where it is written because some attorney is definitely going to ask that.

[Major]

Originally Posted by Redbarn

I understand, what you are saying. Where is the existing zoning law that states short term rentals are not allowed?
I can't find it.

In the zoning table of uses, I don't see "short term rentals" that or "airbnb policy". So I seems like the city is saying because it is omitted, here is our policy. My point is the current zoning isn't equipped for it, so they made decisions on it with out public input. I could be very wrong, I would just like to see where it is written because some attorney is definitely going to ask that.

Try this -- https://www.ecode360.com/15050211

Click on Attachment 2. It appears that hotel, motel and inn are not generally not permitted in residentially-zoned areas. It wouldn't be unreasonable for the Board to take the position that weekly rentals or weekend rentals through ABNB are the same as operating a motel or inn.

[Redbarn]

Are you sure that is accurate? The city is saying a short term rental has to meet the criteria for a hotel/motel? So when people are applying for variances they are applying for a hotel? Are you just assuming this or do you know this?

It doesn't seem to line up because the city is allowing short term rentals in only SFR and CR where as a hotel is allowed in a lot more zone than that. Also to get a variance, you would have to apply for your house to considered a hotel, so you would have to meet the dimensional requirement etc, like green space, parking. At that point, it would also allow you to get one room for every 1.5 parking spaces you can fit (higher density). So it is safe to say no one will ever get a variance for short term rentals. It would also mean that every town has the same current zoning as Laconia since every town most certainly has Hotel zoning and any town could take the same position as Laconia.

I would also point out that that means anyone renting in the SFR or CR is now considered a hotel and will have to meet the dimensional requirements and apply for a permit.

If this is what the city is saying a wish them the best of Luck when they take this up with a property owner who is attorney.

[fatlazyless]

https://www.nhbr.com/September-14-20...t-this-summer/ …. "Airbnb NH bookings soared over 50 percent this summer"



What the legislature could do is totally legalize both recreational marijuana and short term residential rentals in the same bill, and pass it unanimously!


Having done that, the Live Free or Die would be a real deal type of a license plate line. Otherwise, the line should be changed back to the 1963 license plate line of "Photoscenic".

Yes, is so very photoscenic here in NH except for the house next door with the 11 dope smok'n, weekend renters ….. this is the place! …. live free or die!

[Woodsy]

Biggd....

The resort areas in Laconia are zoned as such. Most of the Weirs is zoned Commercial Resort. Weekly rentals should absolutely be allowed in this zone. As long as the HOA rules allow for it.

Residential zoned property is a different animal entirely. What happens when somebody comes out with an app and the guy next door decides to switch from weekly rental to hourly?

People who own property in a residentially zoned neighborhood have a reasonable expectation that the guy next door cannot turn his property into a no tell motel.

Never mind the 9% room tax the state isn't getting.

Here is a link to the zoning map... https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

Woodsy

[Biggd]

Originally Posted by Woodsy

Biggd....

The resort areas in Laconia are zoned as such. Most of the Weirs is zoned Commercial Resort. Weekly rentals should absolutely be allowed in this zone. As long as the HOA rules allow for it.

Residential zoned property is a different animal entirely. What happens when somebody comes out with an app and the guy next door decides to switch from weekly rental to hourly?

People who own property in a residentially zoned neighborhood have a reasonable expectation that the guy next door cannot turn his property into a no tell motel.

Never mind the 9% room tax the state isn't getting.

Here is a link to the zoning map... https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

Woodsy

I understand what you're saying and I can understand what's happening. Things change fast on the information highway. I just think there could be a better way of policing these issues. With the amount of money people pay in taxes in Laconia it's perfectly understandable if they rent their place out some weeks to help pay the tax burden.

[TiltonBB]

I know that there are hundreds of single family homes around the lake that are sometimes rented out on a weekly basis. I have one next to my residence that I have rented out for 16 years. There are a few house rental agencies around the lake as well, some of whom represent over 100 rental homes. The agencies do collect the appropriate taxes on the rentals.

Many homeowners rent out of necessity to help them afford the house. What may have been affordable to their ancestors might have become more than they can afford. I would rather see them rent out their house than be forced off the lake. Also, if you start to limit the number of weekly rentals the price will rise because of supply and demand..

I am all for the rental process as it also enables families to come to the area, spend money, and enjoy all that it has to offer. That helps all of our businesses survive. Some families that have vacationed in the area for years go back to the same rental house every year. Many end up buying property.

I would rather see the towns enact a system that will enable some warning and an escalating fine system for violations of noise or other town regulations. The ultimate penalty could be an injunction preventing rentals on a specific property for a set amount of time.

Placing restrictions on properties that have no complaint history is unnecessary.

[Woodsy]

TiltonBB...

Normally we are on the same page... but I think this short term rental issue in residentially zoned neighborhood is a very slippery slope. I have no problem with the neighbors renting out their property once or twice a year to help offset costs....

But most of the people who list on AIRBNB & VRBO are renting their property out as business venture. This changes everything... now instead of people living in a residential neighborhood, they find themselves living next to what amounts to a motel...

There are ZERO protections in place for the neighbors. There is no punishment available for unruly/loud behavior, (yes the police can stop the actual offenders, but there is no punishment to the owners) There is NOTHING from stopping someone from renting their house out "by the hour". There are no regulations regarding taxation and collection... etc etc.

Maybe once the laws are changed to protect the neighborhood, then I will reconsider. But for now, short term rentals should be allowed only in the Commercial Resort District.

Woodsy

[fatlazyless]

1913-2017: unlimited local prop tax deduction off your federal taxes ..... effective for tax year 2018: $10,000 maximum limit on same ........

So's, only seems fair for the $10,000+ prop tax payer, now under attack from the fed, to have the option for renting it out maybe two or three of those rainy June-July weeks for something like $3000/week and let someone else go play in that cool, clammy June-July lite misty rain that's been present for the last ten years what with the global warming.

It seems to me ...... that there otta be a law against this new tax law!

[Biggd]

Originally Posted by fatlazyless

1913-2017: unlimited local prop tax deduction off your federal taxes ..... effective for tax year 2018: $10,000 maximum limit on same ........

So's, only seems fair for the $10,000+ prop tax payer, now under attack from the fed, to have the option for renting it out maybe two or three of those rainy June-July weeks for something like $3000/week and let someone else go play in that cool, clammy June-July lite misty rain that's been present for the last ten years what with the global warming.

It seems to me ...... that there otta be a law against this new tax law!

That tax change on real estate tax deduction will have zero effect on rich people buying or building multi million dollar homes in the lakes region. Most of those McMansions are empty 90% of the time, not rented for extra income to pay taxes.

[joey2665]

Originally Posted by Biggd

That tax change on real estate tax deduction will have zero effect on rich people buying or building multi million dollar homes in the lakes region. Most of those McMansions are empty 90% of the time, not rented for extra income to pay taxes.

I agree tax law will have ZERO effect on the McMansions. Many of these larger homes are not individually owned but you in LLC’s or another corporate structure for many reasons and this is an avenue to still receive the full property tax deductions plus deduct other expenses.


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[TiltonBB]

Originally Posted by Biggd

That tax change on real estate tax deduction will have zero effect on rich people buying or building multi million dollar homes in the lakes region. Most of those McMansions are empty 90% of the time, not rented for extra income to pay taxes.

One other thing to consider: If the property taxes are say $20,000 per year and the property use is 50% rental, half of the tax bill is deductible as a business expense and does not affect your $10,000 limit. If the house is 100% a rental property then the entire tax bill is a business expense and does not come into play with the $10,000 limit.