{"MatterId":13237,"MatterGuid":"4C00C401-4414-4CBA-87A9-3199DCD89295","MatterLastModifiedUtc":"2025-07-14T20:28:16.693","MatterRowVersion":"AAAAAAC4Mow=","MatterFile":"O-23-69","MatterName":null,"MatterTitle":"Amending The Short-Term Rental Ordinance, Section 13-19-1 Through 13-19-8 Of The Albuquerque City Code, In Order To Require All Short-Term Rental Units To Have A Local Property Manager Available To Respond To Maintenance And Security Concerns; Limit Short-Term Rental Permits To Three Per Natural Person; Limit The Number Of Short-Term Rental Permits Issued City-Wide To No More 1,200; And Increasing The Civil Penalties For Noncompliance With This Ordinance, As Amended (Benton, Fiebelkorn by request)","MatterTypeId":1,"MatterTypeName":"Ordinance","MatterStatusId":7,"MatterStatusName":"Failed","MatterBodyId":1,"MatterBodyName":"City Council","MatterIntroDate":"2023-02-06T00:00:00","MatterAgendaDate":null,"MatterPassedDate":"2023-08-21T00:00:00","MatterEnactmentDate":null,"MatterEnactmentNumber":null,"MatterRequester":null,"MatterNotes":null,"MatterVersion":"1","MatterCost":null,"MatterText1":null,"MatterText2":null,"MatterText3":null,"MatterText4":null,"MatterText5":null,"MatterDate1":null,"MatterDate2":null,"MatterEXText1":"CC 8/21/23 (pam)\r\n\r\nBackground\r\nThe existing Short Term Rental Ordinance (O-20-30) was adopted in October 2020 and it went into effect in May 2021. The existing ordinance requires a STR operator to provide the following:\r\n•\tCity Business Registration\r\n•\tPay all applicable taxes\r\n•\tMaintain insurance\r\n•\tDisplay the permit number inside the unit and on all marketing materials\r\n•\tDisplay a “Good Neighbor Agreement” inside the unit\r\n•\tProvide the address of the unit and contact information for an operator or agent who is available 24/7\r\n•\tProvide a floor plan of the unit\r\n•\tSign a statement that they will operate the unit in compliance with all applicable City regulations.\r\nPrior to the adoption of the STR Ordinance, the Short Term Rental Task Force was convened to consider the options for registration and regulation of STRs. The task force met multiple times between November 2018 and June 2019, and from their meetings a report was produced, making a number of recommendations. The task force comprised relevant members of City staff, and representatives from the neighborhoods, the STR industry, the tourism industry, the real estate industry, and the hotel and lodging industry. All aspects of O-20-30 were based on a recommendation from the Task Force Report. \r\nA Journal article, published soon after this bill (O-23-69) was on the Letter of Intro, mentioned that there are 2,000 STRs operating in Albuquerque. Council staff followed up with the writer on the source for this number, and she explained that it came from AirDNA, and that their number includes the larger Albuquerque Metro area, i.e. properties that are not within the City limits. The existing STR ordinance only applies within the City limits. Recent data from MuniRevs shows the following numbers:\r\n•\tSeptember 2022 – 1,061 STR units\r\no\t411 with permits\r\no\t650 unpermitted\r\n•\tNovember 2022 – 1,294 STR units\r\no\t522 with permits\r\no\t772 without permits\r\n•\tFebruary 2023 – 1,434 STR units\r\no\t607 with permits\r\no\t827 without permits\r\n•\tMarch 2023 – 1,426 STR units\r\no\t661 with permits\r\no\t765 without permits \r\n•\tJuly 2023 – 1,255 STR Units\r\no\t749 with permits\r\no\t506 without permits\r\nAs the City’s consultant on compliance, MuniRevs have access to the City’s AGIS data. Councilors should feel confident that the numbers they provide are only those within the City limits. \r\nBill Summary\r\nAs introduced, this ordinance seeks to amend the existing Short Term Rental Ordinance in order to:\r\n•\tRequire a local (within 20 miles of Albuquerque) manager; and\r\n•\tLimit permits to natural persons only and to limit the number of permits per person to 3; and\r\n•\tCap the number of permits issued city wide to 1,200. \r\nThe intent of the bill is to address the current housing crisis, by ensuring that a limited number (1,200) of residential units become used as Short Term Rentals (STRs). The bill was amended at FGO to increase the cap to 1,800, to exempt single rooms within an occupied dwelling unit from the cap, and to allow persons with 3 or more approved units to renew their permits indefinitely. \r\nHowever, there is a F/S that proposes to approach this differently, see below. \r\nFloor Substitute\r\nThere is a F/S in the IPads for the councilors’ consideration. This F/S proposes to amend the bill as follows:\r\n•\tRemove the local manager requirement.\r\n•\tRemove the limitation on ownership by natural persons and the limit on the number per person.\r\n•\tRemove the cap of 1,800 permits citywide. \r\n•\tAdd a 330 foot in-all-directions separation distance between permitted STRs.\r\n•\tExempt single rooms within an occupied house from the distance separation. \r\n•\tProvide legacy language to allow the existing approved STRs that are closer than 330 feet to be renewed. \r\n•\tReplace criminal penalties with civil penalties.\r\n•\tMake general corrections to the content of the bill as introduced.\r\n\r\nAs this is a F/S to an ordinance, publication requirements mean that the bill will need to be deferred two weeks if the F/S is passed. \r\nAmendment\r\nThere is an amendment on the IPads to add a definition for a bedroom. The amendment proposes to define a bedroom as having a closet and meeting the Uniform Housing Code (which requires an operable window). The amendment is drafted such that it can either amend the F/S or the bill as amended at FGO. \r\nFiscal Impact\r\nThe STR Ordinance established a permit cost of $120 for the first year, and $90 to renew thereafter. The transmittal packet has a fiscal impact of $18,000 additional per year. It isn’t clear where this number comes from as at present there is no limit on the number of STR permits issued. \r\n\r\n\r\nFGO 3/13/23 (pam)\r\n\r\nSummary\r\nThis ordinance seeks to amend the existing Short Term Rental Ordinance in order to:\r\n•\tRequire a local (within 20 miles of Albuquerque) manager; and\r\n•\tLimit permits to natural persons only and to limit the number of permits per person to 3; and\r\n•\tCap the number of permits issued city wide to 1,200. \r\nThe intent of the bill is to address the current housing crisis, by ensuring that a limited number (1,200) of residential units become used as Short Term Rentals (STRs). \r\nThe existing Short Term Rental Ordinance (O-20-30) was adopted in October 2020 and it went into effect in May 2021. The existing ordinance requires a STR operator to provide the following:\r\n•\tCity Business Registration\r\n•\tPay all applicable taxes\r\n•\tMaintain insurance\r\n•\tDisplay the permit number inside the unit and on all marketing materials\r\n•\tDisplay a “Good Neighbor Agreement” inside the unit\r\n•\tProvide the address of the unit and contact information for an operator or agent who is available 24/7\r\n•\tProvide a floor plan of the unit\r\n•\tSign a statement that they will operate the unit in compliance with all applicable City regulations.\r\nPrior to the adoption of the STR Ordinance, the Short Term Rental Task Force was convened to consider the options for registration and regulation of STRs. The task force met multiple times between November 2018 and June 2019, and from their meetings a report was produced, making a number of recommendations. The task force comprised relevant members of City staff, and representatives from the neighborhoods, the STR industry, the tourism industry, the real estate industry, and the hotel and lodging industry. All aspects of O-20-30 were based on a recommendation from the Task Force Report.\r\nThere are four amendments for FGO on the Ipads. These amendments are in response to the public comment received to date. The amendments address:\r\n•\tIncreasing the cap on permits issued to 1,800\r\n•\tClarifying that while the permit must be issued to a natural person, the property can be owned by a trust, LLC, or other ownership entity\r\n•\tAllows STR owners with more than 3 permitted units to continue to renew their permits indefinitely\r\n•\tExempts single rooms within an occupied house from the permit cap\r\nFiscal Impact\r\nThe STR Ordinance established a permit cost of $120 for the first year, and $90 to renew thereafter. The transmittal packet has a fiscal impact of $18,000 additional per year. It isn’t clear where this number comes from as at present there is no limit on the number of STR permits issued. \r\nComments\r\nA Journal article, published soon after the bill was on the Letter of Intro, mentioned that there are 2,000 STRs operating in Albuquerque. Council staff followed up with the writer on the source for this number, and she explained that it came from AirDNA, and that their number includes the larger Albuquerque Metro area, i.e. properties that are not within the City limits. The existing STR ordinance only applies within the City limits. Recent data from MuniRevs shows the following numbers:\r\n•\tSeptember 2022 – 1,061\r\no\t411 with permits\r\no\t650 unpermitted\r\n•\tNovember 2022 – 1,294\r\no\t522 with permits\r\no\t772 without permits\r\n•\tFebruary 2023 – 1,434\r\no\t607 with permits\r\no\t827 without permits\r\n•\tMarch 2023 – 1,426\r\no\t661 with permits\r\no\t765 without permits \r\n\r\nAs the City’s consultant on compliance, MuniRevs have access to the City’s AGIS data, so we can feel relatively confident that the numbers they provide are only those within the City limits.","MatterEXText2":"Petra Morris","MatterEXText3":null,"MatterEXText4":null,"MatterEXText5":null,"MatterEXText6":null,"MatterEXText7":null,"MatterEXText8":null,"MatterEXText9":null,"MatterEXText10":null,"MatterEXText11":null,"MatterEXDate1":null,"MatterEXDate2":null,"MatterEXDate3":null,"MatterEXDate4":null,"MatterEXDate5":null,"MatterEXDate6":null,"MatterEXDate7":null,"MatterEXDate8":null,"MatterEXDate9":null,"MatterEXDate10":null,"MatterAgiloftId":0,"MatterReference":"25","MatterRestrictViewViaWeb":false,"MatterReports":[]}