Portsmouth adopts ordinance to regulate short-term rentals

Amends sections on occupancy, notices, parking

By Jim McGaw
Posted 4/10/18

PORTSMOUTH — After a three-hour public hearing Monday night, the Town Council voted unanimously to adopt an ordinance aimed at regulating a growing concern in town: the proliferation of …

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Portsmouth adopts ordinance to regulate short-term rentals

Amends sections on occupancy, notices, parking

Posted

PORTSMOUTH — After a three-hour public hearing Monday night, the Town Council voted unanimously to adopt an ordinance aimed at regulating a growing concern in town: the proliferation of short-term rental properties.

Some abutters of these rental properties — often advertised through online platforms such as Airbnb — have complained about parking issues, noise, drinking and other problems they say have lowered their quality of life. Similar ordinances, which set fines for non-compliance, have been enacted in Newport and Middletown.

The new ordinance requires owners of short-term rental properties — defined as a property available for rent for no more than 31 consecutive days — to register with the town, abide by occupancy limits, provide enough off-street parking for renters and to follow several other rules.

Of the 22 members of the public who spoke at the crowded hearing, roughly half were rental owners. Some of them called the new rules too restrictive and said they were being punished due to a few bad apples. In the end, the council made several changes in their favor before passing the ordinance.

For example, the original draft of the ordinance called for an annual registration fee of $100 per bedroom to cover enforcement and administrative costs. That didn’t sit well with several rental owners.

“It seems unfair that someone pays $400 if they have a four-bedroom place,” said John Hanks, who rents out a unit next door to his home on Therien Road.

In a 5-2 vote, the council passed an amendment to the ordinance to charge a flat fee of $100 per rental unit. Council members Linda Ujifusa and J. Mark Ryan opposed the motion. Ms. Ujifusa said the matter should be studied more because it wasn’t clear whether the lower fee would be sufficient to cover the town’s costs.

Occupancy change

Council members made another change in the ordinance, concerning occupancy. 

The original draft’s language set the occupancy limit at two people per bedroom, plus two additional overnight guests. An ad hoc working group the town formed to draft the ordinance could not reach a consensus on this section, however, with some members saying the clause on guests could be used as a loophole to increase rental occupancy. 

The council voted unanimously to strike down the added language regarding extra guests, although all agreed the intent is to allow renters to have a reasonable number of guests.

The council, in a 6-1 vote, also changed part of the ordinance that would have counted anyone at least 6 years old toward the occupancy cap, a rule many said would have made it difficult for larger families to rent these homes. Under the approved ordinance, people ages 12 and older will now be counted against the cap.

The council altogether deleted a requirement that owners display notices outside short-term rentals listing phone numbers for complaints, as well as the number of bedrooms and occupancy limits of each property. “That’s a huge invasion of privacy,” council member Elizabeth Pedro said.

Also nixed was a rule requiring a rental’s contact information to be mailed to all properties within 200 feet at the owner’s expense.

The draft ordinance required one off-street parking space per bedroom on the same lot as the rental is located, plus one additional space. The council voted 5-2, however, to delete the requirement for the additional space.

Prudence: ’Sticky wicket’

A few residents of Prudence Island asked the council to exempt the island from the provisions of the ordinance, saying they were in a unique situation and the new rules could hurt families who rely on extra income. 

Bob Marshall, of Narragansett Avenue, says he and other island residents rent their cottages out to the same families two to five weeks out of the year. 

“They want to come back and they don’t cause trouble,” said Mr. Marshall, who feared many renters would exceed the occupancy limits set forth in the new ordinance.

Council President Keith Hamilton, however, said he didn’t believe the town could exempt one area of town without upsetting others who had to adhere to the new rules.

“I think that’s a sticky wicket,” said Mr. Hamilton, adding he didn’t believe the ordinance would create and hardship for short-term rental owners on either Prudence or Hog islands. “The crux of the issue is, if there are no problems, nobody’s going to call.”

Party houses

Several residents also called on the council to expand the definition of short-term rentals to include properties leased for up to nine months, so the issue of college rentals could be addressed.

“I think they should be registered, as I think it’s a serious problem for the town,” said Bob Brooks, who has rental property in Island Park.

Mr. Hamilton said making such a significant change, however, would probably require the council to re-advertise the ordinance for another hearing. The ordinance could be amended down the road to include nine-month rentals, he said.

short-term rentals, Portsmouth Town Council

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Meet our staff
Jim McGaw

A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.