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OSFA Board Member Pat Lillis recently
published a "My View" about the County STR issue:
MY VIEW / Pat Lillis
Our five Santa Fe County Commissioners have a unique opportunity to support our local residents and affordable housing by voting to no longer issue permits to commercial and investor non-owner-occupied short-term rentals. The public hearing is scheduled for a vote on January 9th beginning at 5:00 pm.
The County currently has two short-term rental (STR) classifications — owner-occupied and non-owner-occupied.
An owner-occupied STR is operated by the permanent resident and rents rooms or a guesthouse to supplement income. This type of STR is acceptable and not being challenged. Issuing a STR permit to a permanent resident will not contribute to housing loss.
A non-owner-occupied STR ("less than thirty (30) consecutive days") is not the owner's permanent residence. The owner lives elsewhere. Non-owner-occupied STRs replace long-term rentals, disrupt neighbors and neighborhoods, allow a hotel to move in next door, raise rents for working individuals and families, drive up homeowner purchase prices, displace families and working people, and favors investors and tourists above our residents and workforce.
Non-owner-occupied STRs are a way around the zoning regulations that would normally keep out commercial businesses and activities. Issuing investor non-owner-occupied STR permits allow hotels in neighborhoods.
The connection between non-owner-occupied STRs and the affordable housing crisis cannot be underestimated. STR investment has become a community/neighborhood problem, as recognized by the Old Santa Fe Association. There is much talk about building new housing but little about how the policy of allowing non-owner-occupied STRs has contributed our housing shortage. No matter what the situation, every investor STR that is not run by a permanent resident takes a home away from someone.
The County Commissioners have been asked to consider a primary residence requirement (including a grandfather clause allowing all currently permitted STRs to continue) that would discontinue permitting additional investor, non-owner-occupied STRs because they negatively affect our community.
Most every tourist dependent, popular and desirable community such as ours has already adopted a primary residence requirement — a reasonable response to housing challenges. We lag behind by not making the workforce, housing and neighborhoods our top priority. From Bozeman to Denver, from Charleston to Boulder, adopting a primary residence requirement demonstrates respect and support for residents that need access to housing instead of an unwanted hotel popping up next door.
Homes should not be handed over to investors for vacation rental profit. Homes should house permanent residents and leave the business of tourism to the hotel industry.
The County, according to a 12-13-23 Santa Fe New Mexican article, is proposing to allow five investor non-owner-occupied short-term rentals per person or company. That would mean that five homes would no longer be available to house our workforce, residents and families. In comparison, the City of Santa Fe's 2020 residential rule change allows for only one investor STR permit.
A primary residence requirement says yes to affordable housing and no the continued loss of long-term rentals and housing opportunities due to commercial and investor non-owner-occupied short-term rentals.
If you cannot find housing, let the County know. If you have nuisance problems, let the County know. Attend meetings and write letters. Otherwise the future of available housing in the County looks dim if housing stock is handed over to investors. Comments and hearing attendance can make a difference. County Commissioners need to hear from our workforce.
For a lot more STR information, examples and a partial list of communities that have adopted a primary residence requirement, go to www.UnfairbnbSantaFe.com
Pat Lillis is a longtime Santa Fe resident and is a board member of the Old Santa Fe Association, which supports a short-term rental primary residence requirement.
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