HomeMy WebLinkAboutAtt D- Section 15.2-983. Creation of registry for short-term rental of property.Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 9. General Powers of Local Governments § 15.2-983. Creation of registry for short-term rental of property
A. As used in this section:
"Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as
a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee, or any other possessory capacity.
"Short-term rental" means the provision of a room or space that is suitable or intended for
occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive
days, in exchange for a charge for the occupancy.
B. 1. Notwithstanding any other provision of law, general or special, any locality may, by
ordinance, establish a short-term rental registry and require operators within the locality to
register annually. The registration shall be ministerial in nature and shall require the operator to
provide the complete name of the operator and the address of each property in the locality
offered for short-term rental by the operator. A locality may charge a reasonable fee for such
registration related to the actual costs of establishing and maintaining the registry.
2. No ordinance shall require a person to register pursuant to this section if such person is (i)
licensed by the Real Estate Board or is a property owner who is represented by a real estate
licensee; (ii) registered pursuant to the Virginia Real Estate Time-Share Act (§ 55-360 et seq.);
(iii) licensed or registered with the Department of Health, related to the provision of room or
space for lodging; or (iv) licensed or registered with the locality, related to the rental or
management of real property, including licensed real estate professionals, hotels, motels,
campgrounds, and bed and breakfast establishments.
C. 1. If a locality adopts a registry ordinance pursuant to this section, such ordinance may include
a penalty not to exceed $500 per violation for an operator required to register who offers for
short-term rental a property that is not registered with the locality. Such ordinance may provide
that unless and until an operator pays the penalty and registers such property, the operator may
not continue to offer such property for short-term rental. Upon repeated violations of a registry
ordinance as it relates to a specific property, an operator may be prohibited from registering and
offering that property for short-term rental.
2. Such ordinance may further provide that an operator required to register may be prohibited
from offering a specific property for short-term rental in the locality upon multiple violations on
more than three occasions of applicable state and local laws, ordinances, and regulations, as they
relate to the short-term rental.
D. Except as provided in this section, nothing herein shall be construed to prohibit, limit, or
otherwise supersede existing local authority to regulate the short-term rental of property
through general land use and zoning authority. Nothing in this section shall be construed to
supersede or limit contracts or agreements between or among individuals or private entities
related to the use of real property, including recorded declarations and covenants, the provisions
of condominium instruments of a condominium created pursuant to the Condominium Act (§ 55-
79.39 et seq.), the declaration of a common interest community as defined in § 55-528, the
1 12/11/2017
cooperative instruments of a cooperative created pursuant to the Virginia Real Estate
Cooperative Act (§ 55-424 et seq.), or any declaration of a property owners' association created
pursuant to the Property Owners' Association Act (§ 55-508 et seq.).
2017, c. 741.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
2 12/11/2017