PR 23-0379 — Short-Term Rental Independent Analysis Emergency Declaration Resolution of 2019

eENROLLED ZORIGINAL Chairman Phil Mendelson E e A e A PROPOSED RESOLUTION °23-137 ll IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ToelaeteeiseceofnemrgncywthesettoeuiigtheficeZoningoJune cnrctfrannlyisfsor-ermetluistoalwtheonngCommissiont18, moveowadwihanyamendmenocagesortemretlue.2019 To declare the existence of an emergency with respect to the need to require the Office of Zoning to contract for an analysis of short-term rental uses.

BEITENACTEDRESOLVED, BYTHECOUNCILOFTHEDISTRICTOFCOLUMBIAattisBY ctmayectdashe“hot-ermenalIdpedetAnlsisEmergenecaatonTHE esltinof01”.COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Short-Term Rental Independent Analysis Emergency Declaration Resolution of 2019”.

Sc..()TerexstsnimedateeedorqireheffcefZoingocotatfr naalssofhottemrnalntstolowteZoingCommissiomoveowadwihany amendmenohagesottemrnalue.

b)In08,teCunilaopedteShr-TrmRntlReultonAtof208(DC.

Law230)toegltehottrmrnalwelngsnteDsritofolmba.

Thewis chdledotkeffctsofctber,219.

miitrtvecssfthelwwereunedin heFY202ude.

©)Undexstngonngrglton,sottemrnaluisaentpemitdin eietalznsinteDsrc.Law22307desotcanethspoiitonecuseonng euatoscanny eamendebyhendpedntZningomision.

(d)On October 17, 2018, allCouncilmembers signed a lettertothe Chairman ofthe ZoningCommissrgngteCommissiooiiiteaextae,asellsemergency rulemakiopermithomesharnresponsttheCommissionsmeetingonthesameday, itasked OP toconduct an analysis ofshort-term rentals inorderto inform apossible text amendment by the Commission.

(e)The Office of Planning has yet toissue the report requested by the Zoning Commission.

At OP’s budget hearing before the Committee inMarch 2019, Director Truebood indicahattheprtmightbesubmitnthefollowingmonresponse,Chairman Mendelson wrote tothe Zoning Commission asking itto insistthatthe Office ofPlanning submit itsanalysis by adate certain.

At the Commission’s next meeting, OP declined togive any timefraorcompletiotsnlsi.

()TheZoningCommissiuldctinesonetoarprtwthtesameifomaion fromaorcethrtanteOficeoflnnng,whicheproposedemergetwouldallow heOfieofZningoprcueforheZningommssin.

(g)Given the planned October 1,2019 applicabilityof the new law, itisessential that the OffiofZoningprocurethenecnlsisoalloweZoningCommissioconsiany possible changes tothe Zoning Regulations itsees fitinresponse tothe new law and the roieatonfhomesharierie.

2.

(a) There exists an immediate need to require the Office of Zoning to contract for an analysis of short-term rental uses to allow the Zoning Commission for the District of Columbia (“Zoning Commission”) to move forward with amendments to the Zoning Regulations relating to short-term rental uses.

(b) In 2018, the Council adopted the Short-Term Rental Regulation Act of 2018, effective April 25, 2019 (D.C.

Law 22-307;

D.C.

Official Code § 30-201.01 et seq.) (“Short-Term Rental Act”), to regulate short-term rentals in the District of Columbia.

The law is scheduled to take effect as early as October 1, 2019.

Administrative costs of the law were funded in the FY2020 budget.

(c) Under the existing Zoning Regulations, short-term rentals are not permitted in residential zones in the District.

The Short-Term Rental Act does not change this prohibition because the Zoning Regulations only can be amended by the independent Zoning Commission.

(d) On October 17, 2018, all Councilmembers signed a letter to the Chairman of the Zoning Commission urging the Zoning Commission to initiate a text case, as well as emergency rulemaking, to permit short-term rentals in the District of Columbia.

In response, the Zoning Commission, at its meeting on the same day, asked the Office of Planning to conduct an analysis of short-term rentals in order to inform a possible text amendment by the Zoning Commission.

(e) The Office of Planning has yet to issue the report requested by the Zoning Commission.

At the Office of Planning’s budget hearing before the Committee of the Whole in March 2019, Director Trueblood indicated that the report might be submitted in the following month.

In response, Chairman Mendelson wrote to the Zoning Commission asking it to insist that the Office of Planning submit its analysis by a date certain.

At the Zoning Commission’s next meeting, the Office of Planning declined to give any timeframe for completion of its analysis.

ENROLLED ORIGINAL (f) The Zoning Commission could act in response to a report containing the information sought from the Office of Planning, provided by a source other than the Office of Planning.

The proposed emergency act would allow the Office of Zoning to procure such a report for the benefit of the Zoning Commission.

(g) Given the potential October 1, 2019 applicability of the Short-Term Rental Act, it is essential that the Office of Zoning procure the necessary analysis to allow the Zoning Commission to consider any possible changes to the Zoning Regulations it sees fit in response to the Short-Term Rental Act and the proliferation of home-sharing services.

Sec.

The CounciloftofColumbiaCouncil findsthattheof cienumeratedsthe isectioconstituteDistrict of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumsitnecessarycircumstances making it necessary that the “Short-TermShort- Term Rental IndependnayssEmergencActf2018”beopedateraigleeaig.Independent Analysis Emergency Act of 2019 be adopted after a single reading.

4.This4. resolution shall take effectimmediately.

This resolution shall take effect immediately.