Though a number of items, some controversial, made it onto Austin City Council’s final meeting agenda of 2015, council voted Dec. 17 to postpone a public hearing and consideration of an ordinance related to short-term rentals in Austin. The item will come back before the council Jan. 28. During the meeting the council voted unanimously to strike the so-called "Test the Waters" short-term rental provision in the land development code that allows people to advertise STRs without having a license. Mayor Pro Tem Kathie Tovo said there is much agreement among council members that the provision has made it difficult for Austin code to enforce existing regulations. The council also heard briefly from residents who attended the meeting to provide public comment regarding the provision. Suzanne Pike, an Austin resident for 15 years, said she and her husband have an STR licensed with the city and she wholeheartedly supports the council’s efforts to remove the clause from the code. “We bought our home in part because we were aware of the home-sharing ordinance here in Austin,” she said. Code enforcement has made it clear that deleting the clause would make their jobs exponentially easier and overall the ordinance will put the city in a better position to punish the bad actors if approved, Pike said. Other speakers said the city should work toward better enforcement of already existing nuisance and sound ordinances as well.

Ordinance postponed to Jan. 28

The ordinance proposes several changes to how STRs—dwellings available for rent for no more than 30 days per year through websites such as AirBnB and HomeAway—can operate in Austin. New short-term rental regulations receive support from City CouncilThere are a few kinds of STRs. A Type 1, for example, could involve allowing someone to stay at his or her home for a week or so during a major event such as the South by Southwest Conferences and Festivals. A property owner of a Type 2 STR might purchase a home and rent it out throughout the year. The city already requires owners of STRs or vacation rentals to obtain an operating license—including properties such as rooms and guest houses rented for fewer than 30 consecutive days. The proposed ordinance aims to make a few changes to STR use. These changes include creating a tiered fee structure, phasing out all Type 2 STRs from areas zoned residential, limiting the number of people who can occupy an STR and allowing the city's Code Department officers to enforce noise regulations and write citations. Another consideration is directing staff to find ways to collect hotel and motel taxes from STR properties. Council agreed Sept. 17 to ban mass gatherings at STRs. In addition, STR properties must pass an inspection and have a certificate of occupancy issued within a reasonable time as well as pass a septic system evaluation. City Council postponed a vote Dec. 10 on changes to short-term rental law until its Dec. 17 meeting. Adler was out of town during the Dec. 10 meeting and had requestedto be present for the public hearing and vote. Council approved a moratorium on Type 2 STR licenses Nov. 12. In June, District 10 Council Member Sheri Gallo had presented a resolution to City Council that was approved and directed city staff to find flaws in the short-term rental system. Additional reporting by Jennifer Curington