Paradise Valley to propose strict short-term rental regulations

By Melissa Rosequist
Twitter: @mrosequist_

If a vacation rental home you tried to book asked for background checks for you and all your guests, would you move forward with booking the property for the weekend?

This new rule, which officials say is to ensure sex offenders don’t rent short-term rental properties, and other potential code amendments are being considered by the Town of Paradise Valley.

On Thursday, Nov. 18, the Paradise Valley Town Council will discuss additional ways to strengthen its authority to work with short-term rentals in the community. The code amendments discussion is expected to begin around 5 p.m. The Town Council will not be rendering a vote on any of the proposed code amendment at the Nov. 18 meeting.

Town Attorney Andrew McGuire is expected to propose a handful of town code amendments related to short-term rentals, unruly gatherings and nuisance ordinances.

Arizona law prohibits municipalities from restricting short-term rentals, but they can regulate the homes for four purposes, which includes prohibiting the use of a STR for housing sex offenders, among other things.

“Accordingly, staff and the legal team have worked together on several proposed code amendments focused on addressing nuisances, unruly gatherings, non-complaint STRs, and the peace, health, safety and welfare of the general public,” a Paradise Valley staff report states.

The proposed code amendments include:

• Expanding the definition of “special events” to capture problem activities;
• Requiring certain disclosure in online advertisements, such as in-person check-in requirements and that renters may also be sanctioned by violating the code;
• Requires heightened health and safety compliance;
• Requires owner’s in-person complaint response within one hour when people on property;
• Makes emergency contact numbers publicly available.

According to town officials, Paradise Valley is not immune to crime at short-term rentals, and sex crimes and robberies have been reported at town properties.

The prepared documents for Thursday’s meeting also show an increase in nuisance noise calls to the police department between 2019 and 2021.

The documents state, noise calls at short-term rentals were approximately 19% of the total noise complaints in 2019, with 42 incidents. The noise complaints have increased, the documents show, with 119 incidents for 2021.

The proposal includes making it a violation from 10 p.m.-7 a.m. (6 a.m. in the summer) that is plainly audible from within two or more enclosed residences or the cabin of a police vehicle situated on a public right of way. Another violation is sound “above the vibration perception threshold of any reasonable person across a real property boundary.”

Under the topic of public health and safety, the town is proposing that minimum standards for short-term rentals are:

• Smoke and carbon monoxide detection and notification system;
• Fire extinguisher
• Fire safety and emergency evacuation map
• Air Filters
• Local phone service
• Rental cleaning between bookings following CDC guidelines
• Pest control.

To prohibit sex offenders, the town is proposing short-term rentals must perform a background check within 24 hours of every booking to ensure there are no sex offenders at the short-term rental.

The town also proposes language that would tell potential renters, “The owner of this short-term rental is required to perform a background check on you and your guests prior to your stay.”

Further, the town proposes making several forms of contact information public, including the owners name and contact, as well as a local contact’s information. The town also wants a phone number for the short-term rental to be public.

As proposed, the code amendment will require an owner to meet guests in person on arrival and present a copy of rules and regulations to the renters.