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The agenda for the City Council meeting August 2nd lists two items concerning short term rentals.
Item 84 in the morning session: Set a public hearing to consider an ordinance amending the City Code Chapter 25-2 addressing the short term rental of residential units. (Suggested date and time: August 23, 2012, 4:00 p.m. at Austin City Hall, 301 W. Second Street, Austin, TX).
Item 122, added in the addendum as the last item in the afternoon session: Approve an ordinance on second and third readings amending Title 25 of the City Code addressing the short term rental of residential units. (Public Hearing closed)
The city sent out two memos Friday and they really confused things (and effectively disrupted the anti-CSTR groups’ plans for Monday press conference and rally, some think they did this on purpose). The first memo said the Aug. 2 discussion on CSTR’s would have to be postponed. The second one said, oops, never mind, it doesn’t have to be postponed and is back on the agenda for August 2. (of course, after the media and about 600 people were notified that the rally was cancelled.)
Additional information will be posted as it becomes available.
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The Sunday July 29 edition of the Austin American Statesman contained an editorial, “Make rentals easier to tax, monitor.” That editorial can be viewed online at:
http://www.statesman.com/opinion/make-rentals-easier-to-tax-monitor-2424065.html
The Monday July 30 edition contained two opposing editorials. NSCNA supports the position of Council Members Laura Morrison and Kathie Tovo, expressed in the first editorial which can be viewed online at:
http://www.statesman.com/opinion/morrison-tovo-uphold-limits-for-stronger-community-2424433.html
NSCNA does not support the position of Council Member Chris Riley in his editorial, which can be viewed online at:
www.statesman.com/opinion/riley-refine-regulations-but-encourage-visitors-2424434.html
Copied below is a letter from Phil Thomas and Carol Stall who live in East Austin:
“First, let me clarify the blurred lines the author presents between long term rentals and short term rentals (STRs). Also short term rentals vs commercial short term rentals (CSTRs).Long term rentals are not and never have been in question. They are not per se considered commercial ventures and never have been. They are permissible within a residential framework and under residential zoning and always have been.
Owner occupied short term rentals (STRs) are often a casual by product of high taxes. People rent a room out during an event, or let friends stay for a fee. Not really a problem for most neighborhood folks.
Both of these are startlingly different than commercial short term rentals CSTRs.
CSTRs would be owned by either corporations or people who would not live in your neighborhood. One can assume that these interests have no concern whatsoever for what will happen to your little community or street—unless it affects their profits.
The problem of CSTRs is not limited to noisy parties or extra street traffic, but the change to the nature of a neighborhood from residential to commercial.
Allowing CSTRs in residential neighborhoods– with the fallacious reasoning that Austin is short of hotels is like suggesting that oil & lube garages could set up on your street if Austin happened to be short of oil and lube garages.
In reality, big moneyed interests are eyeing our neighborhoods like tasty tarts, and, sensing easy tax revenues, the city is on the verge of allowing them to operate.
Let’s face it–it’s much cheaper to buy a residential home near –say Zilker or East Austin than to pay for commercial space close to the festivals or F1 action.
The interested parties are saying that the taxes generated would allow the City to police said CSTRs to prevent abuses and loud partying and bring illegal ones into the open. Don’t count on it.
Clearly illegal CSTRs are not being effectively policed now and given the potential increased numbers, it’s doubtful that even with some city regulation, policing would improve.
Even with possible improved regulation– CSTRs not only compromise the residential part of a neighborhood, but they will also eat up available housing that families with kids now occupy. Those kids fill our classrooms and their parents potentially work in the downtown businesses that the city is promoting in their growth plans.
We can say good-bye to any affordable housing in those areas.
Anyone who has lived in Austin for very long can see that what is presented as a reasonable compromise will likely become a full-blown incursion down the road. Rules will change, percentages will be altered and in sunshine of broad daylight your neighborhood will become hotel row—and no longer the charming caring community where you can raise your children and know your next door neighbor.
Just follow the money and you will find the truth that big dollar interests—realtors & Home Away/AirBNB are blowing some serious sunshine and twisting the facts.
What they’re doing is an effective end run around residential zoning and all the protective covenants and deed restrictions we rely upon to protect our neighborhoods from commercial incursion.
And they’re not doing it to fill a desperate demand or to bring jobs or any of those reasons that are being spouted. .
They are doing it to make big bucks—at the expense of our neighborhoods.This is what needs to be seen in the bright light day.
Carol & Phil”
Members are encouraged to communicate with City Council Members to express their opinions regarding short term rentals, and support the positions of NSCNA, ANC and other groups in opposing commercial short term rentals in residential areas
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The following is copied from a July 29 message from the President of Austin Neighborhood Council (ANC):
“Protect Austin Neighborhoods, the group fighting to keep Commercial Short Term Rentals (STRs) illegal in Austin, will NOT hold a news conference on Monday, July 30. There are still plans for a press conference, but it is being postponed. As you may know, City staff on Friday, July 27 issued two different memorandums that have caused confusion over the timing of Council action on STRs. This disputed planning for an event with the media on Monday.
The group will hold a press conference at 11:30 AM on Thursday, August 2 at City Hall Plaza. Everyone is asked to attend and the news conference and attend the City Council meeting later in the day to protest the short-term rentals ordinance.
Bring a friend and wear red!
A big turnout from every neighborhood will send a strong message to the Council that we don’t want commercial short-term rentals in our neighborhoods!
The position of Protect Austin Neighborhoods is in alignment with the Austin Neighborhoods Council (ANC). For information on commercial STRs and the stance of ANC, visit the ANC website at www.ancweb.org. “
Note: Additional information will be posted as it becomes available.
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The earlier posting on Update on City Council Hearing on Short Term Rental included a paragraph about a scheduled rally and press conference at City Hall Monday, July 30 at 11:30 AM. THAT RALLY AND PRESS CONFERENCE HAVE BEEN CANCELLED, due to a mix-up at City Hall about whether or not the STR topic would be on the agenda for the City Council meeting on August 2nd. Residents are encouraged to go to that City Council meeting and show support for the NSCNA resolution against Commercial Short Term Rentals.
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Austin City Council will for the second time on August 2nd consider making legal what is currently illegal.
Background: Homes in neighborhoods are currently not allowed to rented out for a period of less than 30 days. Despite it being illegal, doing so has become a big business and growing issue in Austin. There are currently thousands of homes in Austin being used essentially as mini-hotels, being rented out for a day or two at a time. Single family residential zoning is created to protect homeowners from living next door to businesses. North Shoal Creek Neighborhood Association voted last year to pass a resolution against commercial short term rental (non-homesteaded, non-owner occupied home rental for a period of less than 30 days) and in support of homeowners being able to rent out their personal homes that they occupy for short periods of time for a collective total of 30 days per year. This is in line with the position Austin Neighborhoods Council has taken on commercial short-term rentals. You can read the details of the ANC position here: http://www.ancweb.org/issues/STRs/STRs.htm
You can also read an editorial in the Statesman by Councilmembers Tovo and Morrison from this above link.
Last month the city council voted on first reading (first of three readings) to allow commercial short term rentals after hours of citizen testimony on the topic. You can support the NSCNA resolution and opposition to commercial short term rental by writing and calling city council members and by visiting http://www.protectaustinneighborhoods.com. There you can click a link to sign a petition against commercial short term rentals and learn of other ways to support this effort to keep them illegal. Another website of interest is http://StopShortTermRentals.com.On August 2 the City Council will vote on second and third reading the revised ordinance on short term rental of residential units. The draft agenda lists this as item 129 (the last item) in the session scheduled for 4:00 PM. The agenda also shows that the public hearing is closed.
On November 1, 2011, the North Shoal Creek Neighborhood Association approved a resolution concerning short term rental of residential property. That resolution can viewed at https://www.nscna.org/committees/development/STR-Resolution20111101.pdf
Residents are encouraged to contact council members and express their views about this issue. You can visit the City website at www.austintexas.gov/government . There you can see links to send emails to individual council members, as well as a link to send an email to all council members.
There will be a rally and press conference at City Hall Monday, July 30 at 11:30 AM. Representatives from every neighborhood are needed at the rally, wearing red shirts and with a sign showing the name of the neighborhood.
Residents are asked to attend the city council meeting Thursday afternoon and wear red shirts. Identifying stickers will handed out for people to wear. Let’s join our neighbors across Austin and stand up for the preservation of our neighborhoods and our neighborly way of life.
