Kentucky 2024 Regular Session

Kentucky Senate Bill SB368 Latest Draft

Bill / Introduced Version

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AN ACT relating to short-term rentals. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 3 
READ AS FOLLOWS: 4 
(1) For purposes of this section, unless the context requires otherwise: 5 
(a) "Code" means the Kentucky Building Code; 6 
(b) "Owner-occupied short-term rental property" means property that is the 7 
owner's primary residence and is offered to the public as a short-term 8 
rental; 9 
(c) "Short-term rental" 10 
1. Means the rental of a single family home, dwelling unit in a single 11 
family home, dwelling unit in a two-family or multifamily dwelling, a 12 
dwelling unit in a condominium, cooperative, or timeshare, or any 13 
combination of the above that are part of the same listing, for terms of 14 
less than thirty (30) days at a time through a short-term rental 15 
platform; 16 
2. Includes a detached accessory structure, including a guest house, or 17 
other living quarters that are intended for human habitation, if the 18 
entire property is designated for a single family residential use; and 19 
3. Does not include property that is used for any nonresidential use; and 20 
(d) "Short-term rental platform" means an entity that provides a platform 21 
through which unaffiliated parties offer to rent a short-term rental to an 22 
occupant and collects consideration for the rental from the occupant. 23 
(2) When a person seeks to list a property on a short-term rental platform doing 24 
business in this state, the short-term rental platform shall provide the person with 25 
the following as part of the listing process: 26 
(a) Information regarding residential group R-1 occupancies and a list of those 27  UNOFFICIAL COPY  	24 RS BR 2406 
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types of occupancies that may be considered an R-1 use pursuant to the 1 
code; and 2 
(b) A box that the person listing the property must check prior to listing a 3 
property that confirms whether the short-term rental is a residential group 4 
R-1 occupancy, and if the short-term rental is a residential group R-1 5 
occupancy, whether it is an owner-occupied short-term rental property. 6 
(3) When a person checks the box on the short-term rental platform that indicates 7 
that the short-term rental the owner is seeking to list is a residential group R-1 8 
occupancy short-term rental, the short-term rental platform shall: 9 
(a) Store information regarding the property; and 10 
(b) Provide the following notices: 11 
1. An email notice to the person that has listed the property stating that 12 
the person has indicated that the short-term rental is a residential 13 
group R-1 property and that the owner may be subject to an inspection 14 
by the Kentucky Department for Housing, Buildings and Construction 15 
regarding compliance with the code; and 16 
2. An email notice to the Department for Housing, Buildings, and 17 
Construction that provides: 18 
a. The address of the property; 19 
b. The fact that the property has been listed as a residential group 20 
R-1 property; 21 
c. The email address of the person that listed the property on the 22 
short-term rental platform; and 23 
d. A return email address to which the department may send 24 
information to the short-term rental platform regarding 25 
noncompliance of the property with the code. 26 
(4) The Department for Housing, Buildings and Construction shall provide 27  UNOFFICIAL COPY  	24 RS BR 2406 
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information to each short-term rental platform regarding the code and residential 1 
group R-1 occupancies to aid in the effectuation of subsection (2) of this section, 2 
and may promulgate administrative regulations pursuant to KRS Chapter 13A to 3 
implement the provisions of this section. 4