Bill BL2019-1633 Progresses
UPDATED AUGUST 20, 2019:
Bill BL2019-1633 (the RM bill) has passed on third reading at Metro Council. Prior to passage, an amendment sponsored by Council Members Henderson, Hagar, and Johnson was adopted.
Updated August 7:
Notes & updates on these new amendments:
The first amendment that is proposed is one by the original sponsor of the bill Burkley Allen. Freddie O’Connell has joined as a co-sponsor to Bill BL2019-1633 (see pages 14-15 of the amendments). This amended bill changes the effective date to 2022 for RM zoning eligibility (meaning permits should be able to be obtained until then), grandfathers the original owner (per state law), and allows two transfers of ownership for the permit as long as it remains in good standing. While NASTRA does not support a ban of any type of short-term rental, this amendment could be considered a fair compromise for many who have projects in the works and/or property under contract (or currently own in an RM). You should contact your council person to make your voice heard on this amended version.
Additionally, the amended bill now addresses the owner-occupied HPR situation that came up earlier this year (see page 14). The intent is that it would allow those who had been issued OO permits for their HPR property to have the permits reinstated if they meet certain criteria. We are awaiting more details on this. It does not allow new permits to be obtained for owner-occupied HPRs if the owners don’t own both sides. Those who own both sides of an HPR should be able to continue to get a permit if they occupy one side and STR the other.
UPDATED 8/7: This amended bill passed on second reading (on 8/6). there will still be a THIRD reading on August 20th. As it is a zoning bill, amendments can technically be made until and on THIRD reading, therefore this is not the final decision/vote. Third reading is scheduled for August 20, 2019.
A separate amendment has also been introduced by Mina Johnson (see pages 16-17). There are differing opinions on the understanding and impact of this amendment, and we continue to seek further clarification.
NOTE: Based on the understanding of the amendment at the time, we initially stated that the amendment would ban non-owner occupied STRs in all zones. While the full impact of the amendment is still unclear, we no longer feel as certain that a complete ban is the intent. Again, we are continuing to seek further clarification and will update here as more is made known.
Details on contacting Metro Council members can be found below.
If you want to attend the hearing, it starts at 6:30 p.m. and will be held in the David Scobey Council Chamber in the Metro Courthouse:
1 Public Square
Nashville, TN 37201
Updated on July 17:
At second reading on July 16, 2019, the bill was deferred until August 6, 2019.
ORIGINAL POST on July 15:
We wanted to remind everyone that BL2019-1633, that would ban RM zones from receiving non-owner occupied STRP permits, will be heard on second reading tomorrow, Tuesday, July 16, 2019. We encourage you to email Metro Council and make your voice heard, and to show up for tomorrow’s meeting. (Note: it is not a public hearing, however it is good to maintain presence.)
To make your voice heard, we encourage you to email all Metro Council members (CouncilMembers@nashville.gov) as well as individually email your council member (based on your personal home address). You can look up your council person here »
Below are some highlights:
A new version of the bill was adopted at the public hearing on July 2 which will now extend the issue date of new RM permits until May, 2020 and grandfather the property if it’s an RM zone. This is different than the state law that spells out a change in ownership would mean the loss of grandfather status.
While NASTRA does not support a ban of any type of STRP, the amendments could be considered a fair compromise for many who have projects in the works and/or property under contract (or currently own in an RM).
Burkley Allen, the sponsor of the bill, has met for countless hours with stakeholders across all sides to try to come to a compromise from the original bill to the existing version. Amendments may come from other council members that would negate some of the amendments she has made to the bill's existing verbiage.
In addition to the proposed RM ban, we have brought to light a very important issue for ALL STRP owners:
We've requested a time limit for Codes to notify STRP permit-holders (of any kind/ type) when a complaint is filed against their property. Because Codes has a backlog of complaints, many owners aren't finding out about them until months after the alleged incident. This leaves homeowners unable to resolve legitimate issues in a timely manner and makes them vulnerable against bogus complaints since many security systems do not have footage that goes back more than 15-30 days.
We are unsure the likelihood of this being added but feel it is important to address.
NOTE: Despite pending ordinance doctrine, Codes continues to say that they’ll be issuing permits until the effective date. However, we still have our doubts that that won’t change between now and May, 2020 (should the bill pass).