Voters to decide outcome of rental ordinance

Those opposed to the ordinance are urging voters to vote yes and rescind the ordinance, while those in support are urging voters to vote no and allow the ordinance to take effect.

Like the back and forth that has dominated the year-long discussion that preceded the lead-up to a 3-2 selectboard vote to pass the ordinance in February, discussion at the special meeting is expected to be heated, with passionate advocates speaking out on either side of the issue.

Stowe’s town clerk and municipal employees have vowed to keep a close eye to ensure only Stowe residents vote on the matter, and it’s widely expected that, though the meeting will be conducted in-person and not by Australian ballot, the vote will likely come down to a paper ballot.

Stowe Parks and Recreation will provide child care at the special meeting. Interested parents or guardians can preregister on Stowe’s municipal website.

Facts

At the behest of some who wanted to know what Stowe’s short-term rental ordinance does and does not do, the town plans to prepare a fact sheet ahead of next week’s meeting.

The fact sheet will be considered by the selectboard at its meeting Wednesday, April 24, after this issue of the Stowe Reporter went to print and may be subject to change or other alteration (Item B-4 Selectboard Work Session - Short Term Rental Ordinance Fact Sheet [NOT ADOPTED]).

The purpose statement of the ordinance, which was partially drafted with input from a lawyer representing non-resident, short-term rental owners in Stowe, it is meant to collect data “to ensure an effective and expedient response to an emergency that may arise in connection with the Short-Term Rental property.”

Its stated aim is also to “gather information regarding the practice of renting residential dwelling units on a short-term basis, so the Town may better evaluate and determine through data what regulation of such rental properties, if warranted, is appropriate and consistent with the best interests of the Town, its residents (full-time and part-time) and visitors.”

Starting in May 2025, if it is not rescinded, the ordinance will require short-term rental owners to register their rentals.

While the property is being used as a short-term rental, owners will be required to have an in-person representative who is able to respond within 45 minutes of notification by a Stowe firefighter or police officer regarding any issue or problem involving the property.

Owners will also be required to ensure the Stowe Fire Department has year-round, 24-hour access to the property through a fire department-approved lockbox or other “reasonable means of providing immediate access to the fire department.”

Stowe follows the state definition of a short-term rental, which is defined as “any lease or rental of residential real property, including a furnished house, condominium, or other dwelling room or self-contained dwelling unit, or a portion thereof, to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.”

The town plans to launch the registry platform in the fall and allow rental owners to register prior to the mandate taking effect next year. Current rentals will have to register by the May 1 deadline and new rentals established after that point will need to register before they begin renting.

The online registration form will require rental owners to provide the physical address of their properties; contact information for the property owner, including their name, physical address, telephone number and email address; contact information for a “designated responsible person” and the same information for that person as the owner; and the number of dwelling units in the rental.

The rental owner will also have to disclose whether the rental is the owner’s primary residence, or, if the owner is a corporation, whether the rental is the primary residence of a “member, director, or authorized representative” of the owner.

The registration will need to be renewed annually by the rental owner, and reminders for owners to do so would be sent via snail mail and email.

The attendant registration fee has not yet been set, but Vermont law generally holds that any such fee must “reasonably be related to the cost of the governmental function,” according to the document prepared by the town.

The registry is mandatory, which gives the town certain powers of enforcement for rental owners who fail to comply with the registry for whatever reason. Warning letters will be sent out, but technically the town can levy civil penalties against rental owners.

These penalties could reach up to $800 a day for those who absolutely refuse to engage with the town’s efforts to bring the rental owner into compliance with the ordinance.

Advocates

Next week’s special meeting has come about because a contingent of people opposed to the ordinance, both before and after its passage, immediately set to work on referendum to rescind it.

Those who expressed opposition to the ordinance during the public hearing process had varying reasons for doing so, but a coalition led primarily by property managers and rental owners has organized to block the law before it takes effect.

This group, calling itself Stowe Advocates for Vacation Rentals, has argued that the long process through which the ordinance was codified was undemocratic, that its existence restricts property rights and that its data collection is an invasion of privacy.

The group has argued that the theoretical penalties that could be levied against rental owners who don’t comply with the ordinance could result in overburdensome fees or even liens on homes. Municipal officials, meanwhile, say such an outcome would be very rare, and that the town often attempts to work with those in violation of town regulations to become compliant before levying fines.

Some ordinance opponents say while they support data collection and public safety measures associated with the ordinance, they oppose its mandatory nature and would like to see a voluntary data registry.

The other side remains in firm support of the ordinance, which was passed by a majority of the selectboard. They argue that the ordinance imposes modest requirements on rental owners, that public safety regulation is necessary, and that mandatory data collection is needed to better understand Stowe’s short-term rental stock and how it affects the town’s housing ecosystem.

A recent ad placed in the Stowe Reporter, paid for by former Stowe Selectboard chair and ordinance advocate Lisa Hagerty and others, simply printed a list of over 200 Stowe voters who pledged to vote “no” on rescinding the ordinance.

The list included Stowe fire and rescue volunteers and Ethan Carlson, who replaced Hagerty on the board in March. The advertisement also urged those to attend an in-person meeting at Green Goddess Cafe on Tuesday or a Zoom meeting next Monday, or to reach out to a posted email with questions.

Get out the vote events have been a common sight in Stowe throughout April. Along with their Green Goddess event, advocates held an event last week called “Oh yay! Another STR Ordinance Info Gathering.”

At the same time, advocates for vacation rentals have put on events to encourage yes votes to rescind the ordinance.

A “Rock Your Rights” event held last Wednesday at Tälta Lodge on Mountain Road advertised a performance by Ryan Dempsey of the popular jam band Twiddle, drink coupons for early guests for the cash bar and appetizers prior to an informational Q&A.