About the Project

Short-term rentals are defined as residential properties, or parts of such properties, that are rented out for less than 30 days. 

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Short-term rentals, also known as STRs or vacation rentals, have become very popular in communities across the world in the last decade. This popularity has been driven by the rise of online platforms such as AirBnB and Vrbo that have made it easy to connect owners of STRs with guests.

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Managing the Benefits and Drawbacks of STRs

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The basic purpose of this project is to create a STR "program" that establishes a mechanism for STRs to legally operate in the County and that effectively manages the benefits and drawbacks of STRs.

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Short-term rentals can offer benefits to residents, visitors, and the community at-large. They may provide a homeowner the opportunity to earn extra income by renting out part of their home. They provide affordable lodging options that supplement the offerings of traditional hotels, inns, or bed & breakfasts. STRs are especially useful for professionals, such as visiting nurses, who require housing for longer than a hotel can provide but for less time than the typical minimum 6-month or 12-month lease available at rental homes or apartments. 

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STRs can have drawbacks for a community, too. They may drive up the cost of housing in communities when properties that would otherwise be available for housing local residents are used instead for lodging out-of-town visitors. STRs might also affect the availability of on-street parking in a neighborhood. STRs may be used to host gatherings that generate nuisances such as noise or trash.

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A community can maximize the benefits of STRs and reduce their drawbacks when it enacts effective regulations and enforces those regulations. Communities throughout the region, including Santa Fe, Taos, and Albuquerque, have adopted STR regulations to effectively manage the STRs in their communities.

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How does the County regulate STRs today? 

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It doesn't, at least not directly.

 

Short-term rentals are not defined or directly addressed in the County's Code of Ordinances. Some STRs are regulated using the bed & breakfast regulations in the County Code. But STRs are not the same as bed & breakfasts, and some of the existing regulations are not suited to STRs. Meanwhile, the STR owners who have registered their STRs as bed & breakfasts have done so voluntarily, as there is no requirement for STR operators to register with the County. This means that many more STRs likely exist in the community than the County is aware of, and consequently, the County cannot manage them in important ways, such as by ensuring that life-safety regulations are being followed or by collecting taxes that fund the community services.

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Why this project now?

 

Los Alamos County recently completed a comprehensive update to Chapter 16 of its code of ordinances, the County's Development Code. The County received a lot of input about STRs during the Chapter 16 update process, demonstrating that STRs are an important and complex topic for the Los Alamos community. Instead of creating STR regulations during the Chapter 16 update, the County decided that STRs were an important enough topic that they deserved their own dedicated process. This process will allow the Los Alamos County's residents, business owners, and leaders to have a more in-depth dialogue about the future of STRs in the community.

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Another reason that STRs were not addressed during the Chapter 16 update process is that STR regulations might affect more than Chapter 16. Other sections of the County's code might need to be amended, too, in order to effectively regulate STRs.

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An STR "program:" It's not just regulations

 

The goal of this project is not only to create STR regulations, but to establish an entire program to effectively manage STRs. An STR program is a comprehensive approach – it would create regulations and provide the resources & processes to effectively manage STRs and enforce regulations.

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Regulations can address important questions such as:

• How is a short-term rental defined? How is it different from a hotel or bed & breakfast?

• How long can a guest stay?

• How many total short-term rentals are allowed in the County?

• In what zoning districts are short-term rentals allowed? In which are they prohibited? 

• Can an entire property be rented out, or only a bedroom?

• What happens when there's an emergency at a short-term rental?

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A full STR program will address additional questions that regulations cannot, such as:

• How will the County keep track of short-term rentals? 

• How much time will County staff need to regulate STRs? Are additional County staff needed?

• What will it cost the County to regulate STRs? How will those costs be covered? Should those costs be covered by STR owners, STR guests, or the community? 

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