The Londonderry Town Council was briefed on a possible short term rental ordinance, by Town Manager, Mike Malaguti.
“There has been a lot of discussion that has come to the Council before,” he said noting that they have had one or two issues in town.
He said, “Believe it or not, people do rent on a short term basis in Londonderry.”
Malaguti explained that the only way to address it now, is through things like the noise ordinance.
“It would be nice to have in place if and when we need it,” he said about the ordinance.
Malaguti explained that its “essentially a registration notice,” saying they want to know who they can contact after hours, if needed, and want to know if someone is renting it.
“It’s here for your input your consideration,” Malaguti said.
As part of the draft ordinance, the purpose is to “regulate the impact of short-term rental of dwelling units by establishing a permitting system to ensure short-term rentals are conducted in a manner that promotes the health, safety, and welfare of the community and the neighborhood in which the use is conducted, protects property values, and ensures appropriate use of natural and municipal resources.”
It explained that the ordinance applies to short term rentals, with the following definition.
“The rental of a dwelling unit for periods of up to thirty (30) consecutive days to transient occupants, lodgers, or guests, and where the use does not constitute a hotel, motel, bed-and-breakfast, or other similar use,” the draft ordinance states.
As part of the draft ordinance, a permit would be required.
“No dwelling unit shall be rented or offered for rent as a short-term rental without first submitting an application and obtaining a permit from the Building Department on a form provided by said department,” the draft ordinance states. “Among other information required, the applicant shall supply the owner’s mailing address, phone number, and contact information, and shall immediately notify the Town upon change of any such information.”
For the emergency contact requirement, it states, “The applicant shall supply the name, address, and twenty-four (24) hour contact phone number for the owner or owner’s agent who can be contacted in case of emergency or complaint, and who must be able to respond to the site within sixty (60) minutes if requested.”
As part of the drafted ordinance, it states, “Without limiting the relief available to the town, violations of this Ordinance shall be subject to prosecution as a violation under applicable law, and subject to a daily fine of $1,000 for each day the violation continues. Violations of this Ordinance are also subject to revocation of the short-term rental permit.”
Questions were raised by the Town Council about what would fall under the category of someone violating the ordinance.
Malaguti said essentially it would be not registering or the noise ordinance being violated.
Town Council Chair, Chad Franz, asked that their legal counsel review it, and make sure it’s legal under state law.
The Town Council is expected to formally review the proposal in the future.