Home Economy Middletown tightens rules on short-term rental operators

Middletown tightens rules on short-term rental operators

By

Christopher Allen

-

10/23/2024

Beach — MIDDLETOWN OFFICIALS have tightened local rules regulating short-term rentals, requiring owners or designated managers to be on site while their properties are being rented. /PBN FILE PHOTO/K. CURTIS

MIDDLETOWN – To address the proliferation of short-term rentals in its neighborhoods, the Town Council approved an amendment to the zoning regulations that requires short-term rental operators or a designee be on site for the duration that tenants are renting their properties. The vote on Oct. 21 was 5-1 with Councilor Dennis Turano voting against

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MIDDLETOWN – To address the proliferation of short-term rentals in its neighborhoods, the Town Council approved an amendment to the zoning regulations that requires short-term rental operators or a designee be on site for the duration that tenants are renting their properties. The vote on Oct. 21 was 5-1 with Councilor Dennis Turano voting against the motion. Previously, operators if they were unavailable or out of town were allowed to use designated property managers – known as “nonresident landlords – on call within 10 miles to respond to any issues at the properties. The zoning change will only apply to future short-term rental registrations. Middletown has roughly 600 short-term rentals, the third-highest number in the state and representing almost 4% of the town's housing stock. Previous attempts to create a moratorium on new STR registrations or to ban them outright never gained traction. Providence-based attorney Greg Estabrooks, representing local advocacy group Short Term Rental Owners of Middletown, argued the new ordinance violates both state and federal law, including the Dormant Commerce Clause of the U.S. Constitution. "This will likely lead to a lawsuit against the town," he said. “And we will be requesting attorney fees.” The Middletown solicitor’s office has advised town officials that the amendment is legally sound because it does not bar an out of state owner from having a short-term rental. Turano asked the council to consider postponing the vote until after the November election, citing the local opposition to such a notable change by an elected body that may not be in office in less than a month. “They feel like you are trying any which way we can to eliminate short-term rentals,” he said. "Let the people decide." A special legislative commission that is currently studying the effects of the short-term rental industry on the housing market is set to meet on Thursday. Chaired by sponsor Rep. Lauren H. Carson, D-Newport, the commission is reviewing all current and existing Rhode Island statutes and registration processes, and is tasked with establishing a working definition of “short-term rentals.” The Newport City Council in September rejected a proposed citywide ban on new, non-owner-occupied short-term rentals in the remaining zones where they are currently allowed. Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com.