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_________________________________
Councilmember Vincent Orange

A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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Councilmember Orange introduced the following bill which was referred to the Committee
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To establish licensing procedures to operate and rent a property on a Short-Term Online
Rental Marketplace.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

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act may be cited as the Short-Term Online Rental Marketplace Rental Procedures and

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Safety Act of 2015.

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Sec. 2. Findings.

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(1) WHEREAS, short-term rentals of homes can provide a flexible housing stick that

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allows travelers a safe accommodation while contributing to the local economy; and
(2) WHEREAS, lack of regulations can pose public safety risks to travelers renting
short-term rentals; and
(3) WHEREAS, occupancy taxes from short-term rentals of homes can be used to
promote the Districts travel and tourism industry; and

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(4) WHEREAS, the needs of allowing home owners the ability to rent their homes as

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short-term rentals should be balanced with the safety of those renting the accommodations.

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Sec. 3. Definitions.
For the purposes of this act, the term:
(1) Booking agent means any website or application in which an owner can list a
property for rent to transient guests.
(2) Owner means any individual, partnership, non-profit or profit making

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association or corporation, or other person or groups of persons who maintain, operate,

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manage, own, have custody of or otherwise possess the right to rent or lease overnight

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accommodations to transient guests. For the purpose of this definition, a tenant who rents

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or leases any part of the property he/she is renting to transient guests shall be considered

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an owner.

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(3) Department means the Department of Consumer and Regulatory Affairs.

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(4) Short-term rental property means a residential unit that is used and/or

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advertised for rent for transient occupancy by guests. Residential units renting to the same

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occupant for more than 90 consecutive days shall not be considered short-term rental

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property.

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(5) Transient guest means a person who has the right to occupy any room or rooms,

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lodgings or accommodations for a period of ninety (90) days or less during any one

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continuous stay.

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Sec. 3. Advertisement or Rentals of Short-Term Rental Properties.

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(a) No person or entity shall rent or operate a short-term rental property, or

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advertise a residential unit for a short-term rental property with a booking agent, without

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first having obtained a permit issued by the Districts Department of Consumer and

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Regulatory Affairs.
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(b) A short-term rental permit is not required for any property that is rented for 30

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consecutive days, or less, during any calendar year, if the owner resides on the premises

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during the rental period; or

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(c) No person or entity shall own or operate more than 5 units as short-term rental
properties.
(1) If a person owns or operates more than 1 unit as a short-term rental

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property, the units may not be located within the same building.

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Sec. 4. Application Process.

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(a) The short-term rental permit application shall include the following information:
(1) The name, telephone number, address, and email address of the owner,

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and the individual or business responsible for maintenance and safety concerns of the

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property. If the owner does not live in the District of Columbia, he/she must have a

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Resident Agent registered with the Department of Consumer and Regulatory Affairs;
(2) Proof of property and casualty insurance of not less than $1,000,000 per

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occurrence;
(3) Proof of inspection conducted by the Fire Marshal for the District of
Columbia Fire and Emergency Services Department; and
(4) Proof of inspection conducted by the Department of Health.
(b) The permit shall be valid for one (1) year and may be renewed upon proof of a
passing inspection by the Fire Marshal.
(c) The permit shall be valid for only one (1) property and may not be transferred to
another property located at a different address.
(d) The permit shall not be transferred or assigned to any other individual, person,
organization or entity.
Sec. 5. Short-Term Rental Property Use.
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(a) A property may not be rented out on a short-term basis if the owner has received
affordable housing funds or if the property is rent controlled.
(b) The maximum number of paying adult guests per unit shall not exceed more
than twice the number of sleeping rooms plus four.

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(c) The maximum occupancy per unit shall be conspicuously posted within the unit.

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(d) Simultaneous rental to more than one party under separate contracts shall be

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prohibited.
(e) The maximum occupancy for any guest under one contract shall be 90
consecutive days per calendar year.
(f) No food shall be prepared for, sold, or provided to any transient guest while using
the property unless food safety permits have been obtained by the owner.
(e) Alcoholic beverages may not be sold or provided to any transient guest while

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using the property unless an On-premises Retailer Class C license is obtained by the owner

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from the Alcoholic Beverage Regulation Administration.

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(f) Each unit for rent shall be in compliance with the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(g) Each property shall have approved smoke and carbon monoxide detectors
meeting Underwriters Laboratory (UL) standards installed as follows:

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(1) In all sleeping areas;

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(2) In every room in the path of the means of egress from the sleeping area to

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the door leading from the sleeping unit;

(3) In each story within the sleeping unit, including basements.
(h) No person shall receive any compensation or remuneration to permit occupancy
of a short-term rental property for a period of less than twenty-four (24) hours.

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(i) The name and telephone number of the local party responsible for operating and

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maintaining the property shall be conspicuously posted within the unit. The responsible

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party shall answer calls twenty-four (24) hours a day, seven (7) days a week for the

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duration of each short-term rental period to address problems associated with the rental.

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Sec. 6. Denial or Revocation of Permit.

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(a) Upon the filing of 3 or more complaints within one calendar year, the

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Department of Consumer and Regulatory Affairs shall notify the permit holder in writing of

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such complaints.

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(b) The Department shall give the permit holder 15 days written notice of alleged
violations. The Permit holder shall have 15 days to appeal the notice of violation.
(1) The permit holder shall not list the property for rent with a booking agent
during the appeals process.
(c) If the Department determines that violations have occurred, the Department may
revoke the permit.

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Sec. 7. Enforcement.

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The Department shall begin accepting applications for short-term rental permits

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within 30 days of the effective date of this Act.

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Sec. 8. Penalties.

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(a) Failure of an owner to comply with any of the provisions of this Act shall be

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subject to civil fine of not more than $1,000 per violation. Procedures for adjudications of

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violations shall be those established by the Department of Consumer and Regulatory

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Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official

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Code 2-1801.01 et seq.).

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(b) The Mayor, pursuant to Title I of the District of Columbia Administrative

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Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 2-501 et seq.),

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may issue rules to implement the provisions of this Act.

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Sec. 9. Fiscal impact statement.

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The Council adopts the fiscal impact statement in the committee report as the fiscal

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impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,

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approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)).

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Sec. 10. Effective date.

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This act shall take effect following approval by the Mayor (or in the event of veto by

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the Mayor, action by the Council to override the veto), a 30-day period of Congressional

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review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved

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December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the

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District of Columbia Register.