West Virginia 2023 Regular Session

West Virginia House Bill HB3554

Caption

Relating to prohibiting a municipality or the governing body of any municipality from limiting rental of a property

Impact

The implications of HB 3554 are significant for local governments in West Virginia. By restricting the power of municipalities to enforce rental regulations, this bill centralizes authority regarding property rentals at the state level. This change could lead to an influx of short-term rentals in areas that previously had strict local laws governing these, potentially impacting housing availability and affordability in various communities. Additionally, while municipalities retain some power over zoning, this is limited, raising concerns about their ability to manage housing effectively within their jurisdictions.

Summary

House Bill 3554 seeks to amend the Code of West Virginia by prohibiting municipalities from limiting the rental of properties, either in part or in full. The bill allows for some regulations only through uniform zoning ordinances, ensuring that municipalities maintain the ability to regulate activities associated with rental properties uniformly. Nonetheless, this bill expressly prohibits municipalities from imposing limitations on the duration, frequency, or location of rental properties, and it allows the potential for damages against municipalities that violate these stipulations.

Sentiment

The sentiment surrounding HB 3554 appears to be contentious, with proponents arguing that uniform regulations promote fairness and accessibility in rental markets across the state. They see the legislation as a necessary measure to prevent local governments from creating barriers to property rental, which could increase rental availability. Conversely, opponents argue that the bill undermines local control and deprives communities of the authority to enact regulations that address local housing needs. This divide reflects a broader national conversation about the balance of state versus local governance in legislative matters.

Contention

Notable points of contention include the balance of power between state and local governments, with opponents emphasizing that localities are better equipped to make regulations that serve the unique needs of their communities. There are also concerns regarding the potential rise of short-term rentals, which could exacerbate existing issues surrounding housing affordability and neighborhood stability. The provision allowing for damages against municipalities that violate the bill's restrictions may incentivize property owners to challenge local regulations, thus escalating conflicts between residents and their local governments.

Companion Bills

No companion bills found.

Previously Filed As

WV SB870

Relating to fees imposed by municipalities

WV SB321

Limiting municipalities’ authority to restrict purchase and storage of weapons and ammunition

WV SB132

Requiring municipalities that impose one percent sales tax must reduce and remove B&O tax in five years

WV SB451

Relating to regulation of short-term rentals and short-term rental marketplaces by municipalities and counties.

WV SB631

Prohibiting municipalities from disconnecting water service for nonpayment of stormwater fees

WV HB4017

Provide clarification around municipal taxation and the board’s responsibilities around reviewing home rule municipalities

WV HB3354

To authorize municipalities to combine operations with other municipalities and counties to provide governmental services

WV HB2381

Relating to permitting a citizen of this state to vote in the election of a municipality in which the citizen does not reside

WV HB331

Class 1 municipalities; vacant property registration authorized

WV HB5336

Relating to the powers and duties of Port Freeport; limiting the authority of certain municipalities to regulate land use by Port Freeport; and the creation of a reinvestment zone containing property owned by Port Freeport.

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