Beavercreek passes Airbnb regulations; opponents say move infringes on property rights

This is an aerial photograph of the intersection of Dayton Xenia Road and North Fairfield Road in Beavercreek, Ohio. JIM NOELKER/STAFF

Credit: JIM NOELKER

Credit: JIM NOELKER

This is an aerial photograph of the intersection of Dayton Xenia Road and North Fairfield Road in Beavercreek, Ohio. JIM NOELKER/STAFF

Beavercreek City Council has approved a set of regulations for short-term property rentals, like Airbnb and VRBO, which require owners to both obtain a license and pay the city’s hotel/motel tax. Some Airbnb owners oppose the changes, saying the move imposes on their personal property rights.

City council voted to approve the two measures, one for licensing and one for taxes, on Monday. Licensing aims to “streamline the management and oversight of short-term rentals,” the city said in an announcement.

Property owners are required to obtain a license through the city’s Planning and Development Department, and the license must be renewed every two years. Current owners have until Sept. 24 to apply.

Short-term rentals will also be subject to the city’s 3% hotel/motel tax, similar to other lodging options in the city.

Other regulations include standards of operation, limiting those who rent Airbnbs to users 25 and older, and limiting each property to one renter per unit. For example, a five bedroom single-family house wouldn’t be able to rent separately to five different users.

Additionally, the owner of the short-term rental would be required to provide relevant information to its users, such as house rules, noise regulations, and emergency contact information.

Violations can result in denial or revocation of the license, fines, or criminal proceedings.

“While recognizing the benefits these rentals bring to the local economy, council also acknowledges the challenges they pose to the community,” said Mayor Bob Stone. “By enacting these regulations, Beavercreek aims to ensure that short-term rentals contribute positively to the local economy while safeguarding the interests of residents and preserving the character and integrity of the city.”

Former Dayton Mayor Gary Leitzell asked the council to table the legislation during public comments Monday, saying the legislation risks violating people’s personal property rights.

“You are discriminating against short-term rental owners and discriminating based on age,” he said Monday.

Leitzell noted that the requirements for short-term rental properties, particularly the 25-year-old age limit, were unfairly stringent compared to long-term rental units, which pose “a greater nuisance to the community.”

Leitzell said Tuesday he owns an Airbnb in Dayton, but has gone to several area municipalities who are considering bans or regulations to encourage dialogue between municipalities and short-term rental owners.

“It’s government-controlled social engineering,” he said of Beavercreek’s ordinance. “It’s assuming anyone under the age of 25 is there to have a party.”

Beavercreek resident Shirley Schulz also spoke during public comments Monday, expressing concerns about how the changes were communicated to property owners.

Short-term rental owners who live within a homeowner’s association or on a property with similar restrictions should check rules and regulations prior to applying for a license, the city said.

“It is not the city’s role to oversee homeowner associations,” Vice Mayor Joanna Garcia said. “This ordinance is designed to respect and uphold existing HOAs and land use agreements. It ensures that the city does not interfere or undermine these agreements by granting licenses against their provisions.”

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