Burlington Wins Legal Ruling on Short-Term Rental Regulations
Burlington, VT – In a significant legal victory for the city, Superior Court Judge Samuel Hoar ruled this week that Burlington possesses extensive authority to regulate short-term rental properties. The ruling comes after a group of property owners sued the city, arguing that its restrictions on short-term rentals exceeded its legal powers. One key provision of the ordinance mandates that property owners must reside on the same lot or within the same building as their rental property, with violations potentially leading to $100 fines.
Burlington’s ordinance classifies short-term rentals as accommodations rented for fewer than 30 consecutive days, and for more than 14 days within a year. The plaintiffs contended that state law only permits regulations aimed at safeguarding public health, safety, and welfare, asserting that duration and occupancy requirements do not serve those purposes.
Judge Hoar’s ruling, issued on November 19, articulated that state law indeed empowers municipalities to impose such regulations. He acknowledged that the city’s intent — to encourage long-term housing — contributes positively to public welfare. "The relationship between a lack of available long-term housing and strains on the housing market, with impacts on homelessness, is intuitive," Hoar stated, affirming the connection of rental regulations to community welfare.
Burlington is not alone in this regard; other municipalities in Vermont are also contemplating regulations for short-term rentals, spurred by rising concerns that platforms like Airbnb and Vrbo are exacerbating the state’s housing crisis by removing rental units from the market. Meanwhile, advocates for the short-term rental industry caution against overregulation, arguing that such measures could negatively impact Vermont’s tourism economy.
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Photo credit www.vermontpublic.org
