Arizona 2022 2022 Regular Session

Arizona House Bill HB2663 Comm Sub / Analysis

Filed 02/15/2022

                      	HB 2663 
Initials SJ 	Page 1 	Government & Elections 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
 
 
HB 2663: short-term rentals; vacation rentals; licensing 
Sponsor: Representative Kavanagh, LD 23 
Committee on Government & Elections 
Overview 
Modifies statute relating to short-term and vacation rentals. 
History 
Current statute prohibits a city, town or county (local jurisdiction) from restricting the use of or 
regulating vacation or short-term rentals and owners (rental owner) based on their classification, 
use or occupancy.  A local jurisdiction is allowed to regulate vacation and short-term rentals for 
the following reasons: 
1) Protecting the public's health and safety; 
2) Adopting and enforcing residential use and zoning ordinances; 
3) Limiting or prohibiting the use of a vacation or short-term rental for the purposes of housing 
sex offenders; and 
4) Requiring the owner of a vacation or short-term rental to provide contact information for 
the owner or designee (A.R.S. §§ 9-500.39, 11-269.17). 
An online lodging operator, including a rental owner, may not offer for rent or rent a lodging 
accommodation without a current transaction privilege tax license (TPT). The TPT license 
number must be included on the advertisement for a vacation or short-term rental (A.R.S. § 42-
5042). 
Provisions 
1. Stipulates that a local jurisdiction may limit the percentage of vacation or short-term rentals 
based on the total housing stock in that local jurisdiction. (Sec. 1, 2) 
2. Authorizes a local jurisdiction to require the following from a rental owner: 
a) To obtain a local regulatory permit or license before offering rentals and to provide proof 
of a valid TPT license; and 
b) To require a minimum two nights' rental period.  (Sec. 1, 2) 
3. States that vacation and short-term rentals are not residential rental dwelling units and are 
subject to the rules adopted by the Arizona Department of Health Services pertaining to the 
health and safety of transient lodging.  (Sec. 1, 2)  
4. Modifies statutory language regarding verified violations resulting in civil penalties and 
requires the Arizona Department of Revenue to suspend the rental owner's TPT license for 
12 months upon the rental owner receiving three verified violations within the same 24-month 
period.  (Sec. 3, 4) 
5. Modifies the definition of vacation rental or short-term rental to exclude a timeshare. (Sec. 1, 
2) 
6. Makes technical and conforming changes. (Sec. 1-4) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note