Earlier this month, Excise and Licenses (EXL) presented a draft of proposed changes to Denver’s STR ordinance. Aside from a couple of perfunctory changes, the main revisions involve primary residence requirements. The most contentious update is changing the definition of primary residence to “the place in which a person’s habitation is fixed and is the person’s usual place of return”.
EXL also has proposed striking the “two documents” requirement section (motor vehicle registration, utility bill, voter registration, etc) to prove primary residence and replacing it with what some have referred to as the ‘seven standards.’ EXL would be able to use these seven standards to determine primary residence, either at the time of application or in a hearing.
Many hosts feel these revisions infringe upon property rights, are difficult to enforce and are an overreach of EXL’s powers. MHH recommends reviewing the draft document, in particular, the ‘seven standards’ (Sec 33-53, Issuance or Denial) to better understand how these changes could impact your ability to continue hosting.
Proposed Seven Standards:
(1) Whether the applicant has or claims any other location for domestic, legal, billing, voting, or licensing purposes;
(2) Whether and how often the applicant returns to the short-term rental or resides at any other location within a calendar year;
(3) Whether the address listed on an applicant’s legal documents or tax assessment records is different than the address of the short-term rental;
(4) An applicant’s business pursuits, employment, income sources, residence for income or other tax purposes, leaseholds, situs of personal and real property, and motor vehicle registration;
(5)The number of days that the short-term rental has been, or will be, rented within the calendar year;
(6) Whether the applicant is actively deployed in the United States military; or
(7) Any other relevant information.
The draft document can be viewed at bit.ly/STR2020draft1
The hosting community feels that there is an overreach of power with how regulations are currently being enforced. License holders with no filed complaints are being followed and photographed, neighbors are being questioned and affidavits sent to compliant hosts. Investigations into people’s personal lives is a drain of the city’s resources.
The next STRAC meeting is on Tues, Feb 11 at 4pm and your presence and/or public comment regarding the draft document would be greatly appreciated.