West Virginia 2023 Regular Session

West Virginia House Bill HCR70

Introduced
3/8/23  
Report Pass
3/8/23  
Refer
3/8/23  
Report Pass
3/11/23  

Caption

Requesting a study to assess on selective regulation of short-term rental properties.

Impact

The outcome of this study may greatly influence local governance and property regulations within West Virginia. Advocates for the bill suggest that current municipal ordinances can unfairly discriminate against certain rental properties, potentially reducing property owners' rights to utilize their investments fully. The study's findings could lead to state-level legislation aimed at ensuring property rights are upheld uniformly, thereby potentially altering existing municipal statutes that govern short-term rental properties in the state.

Summary

House Concurrent Resolution 70 (HCR70) proposes that the Joint Committee on Government and Finance commission a study to evaluate whether local regulations imposed by municipalities and counties on short-term rental properties violate constitutionally guaranteed private property and contract rights. The resolution arises from increasing demand for short-term rentals in tourist areas of West Virginia, particularly targeting properties used for services like Airbnb. Current reports indicate that some towns have enacted selective regulations restricting the availability and operation of such rental properties, impeding their economic viability.

Sentiment

The general sentiment around HCR70 appears to be predominantly supportive among property owners and those interested in preserving economic opportunities tied to short-term rentals. However, there may be tension with local governments that see these regulations as a way to protect community interests and address concerns about neighborhood stability and public safety. The discussion surrounding HCR70 is indicative of a broader debate about balancing local control and property rights, with divergent views on the role of state intervention in local governance.

Contention

Notable points of contention include the effectiveness and necessity of local regulations on short-term rentals, with arguments from proponents emphasizing the need for state oversight to prevent unconstitutional restrictions, while opponents may argue that local agencies should retain the autonomy to address unique community issues. If the study concludes that current regulations are unconstitutional, it could significantly shift the regulatory landscape, imposing state standards over local ordinances that manage how properties are utilized in short-term rental markets.

Companion Bills

No companion bills found.

Previously Filed As

WV HB109

Regards local regulation, taxing of short-term rental properties

WV SB104

Regards local regulation, taxing of short-term rental properties

WV HB2665

Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.

WV SB0411

Short term rental properties.

WV S667

Regulation of Short-Term Rentals

WV HB05434

An Act Concerning The Regulation Of Certain Short- Term Rental Properties.

WV S291

Regulation of Short-Term Rentals

WV HB2625

Vacation rentals; short-term rentals; regulations

WV HB07177

An Act Concerning Short-term Rental Properties.

WV SB01025

An Act Concerning Short-term Rental Properties.

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