                                 CODE OF VIRGINIA

CREATION OF REGISTRY FOR SHORT-TERM RENTAL OF PROPERTY (§ 15.2-983)

A. As used in this section:
			&#8220;Operator&#8221; means the proprietor of any dwelling, lodging, or
sleeping accommodations offered as a short-term rental, whether in the capacity
of owner, lessee, sublessee, mortgagee in possession, licensee, or any other
possessory capacity.
			&#8220;Short-term rental&#8221; means the provision of a room or space that
is suitable or intended for occupancy for dwelling, sleeping, or lodging
purposes, for a period of fewer than 30 consecutive days, in exchange for a
charge for the occupancy.

B. 1. Notwithstanding any other provision of law, general or special, any
locality may, by ordinance, establish a short-term rental registry and require
operators within the locality to register annually. The registration shall be
ministerial in nature and shall require the operator to provide (i) the complete
name of the operator, (ii) the address of each property in the locality offered
for short-term rental by the operator, and (iii) an attestation that the
property owner has granted permission for use of such property as a short-term
rental if the operator is a lessee or sublessee. A locality may charge a
reasonable fee for such registration related to the actual costs of establishing
and maintaining the registry.

   2. No ordinance shall require a person to register pursuant to this section if
   such person is (i) licensed by the Real Estate Board or is a property owner
   who is represented by a real estate licensee; (ii) registered pursuant to the
   Virginia Real Estate Time-Share Act (&#xA7; 55.1-2200 et seq.); (iii) licensed
   or registered with the Department of Health, related to the provision of room
   or space for lodging; or (iv) licensed or registered with the locality,
   related to the rental or management of real property, including licensed real
   estate professionals, hotels, motels, campgrounds, and bed and breakfast
   establishments.

C. 1. If a locality adopts a registry ordinance pursuant to this section, such
ordinance may include a penalty not to exceed $500 per violation for an operator
required to register who offers for short-term rental a property that is not
registered with the locality. Such ordinance may provide that unless and until
an operator pays the penalty and registers such property, the operator may not
continue to offer such property for short-term rental. Upon repeated violations
of a registry ordinance as it relates to a specific property, an operator may be
prohibited from registering and offering that property for short-term rental.

   2. Such ordinance may further provide that an operator required to register
   may be prohibited from offering a specific property for short-term rental in
   the locality upon multiple violations on more than three occasions of
   applicable state and local laws, ordinances, and regulations, as they relate
   to the short-term rental.

D. No local ordinance shall prohibit an operator from offering a property as a
short-term rental solely on the basis that such operator is a lessee or
sublessee, provided that the property owner has granted permission for such
property&#8217;s use as a short-term rental. Localities may enact an ordinance
that limits a lessee or sublessee to one short-term rental within the applicable
locality. No local ordinance enacted after December 31, 2023, or any subsequent
amendment, shall require that a special exception, special use, or conditional
use permit be obtained for the use of a residential dwelling as a short-term
rental where the dwelling unit is also legally occupied by the property owner as
his primary residence.

E. Except as provided in this section, nothing herein shall be construed to
prohibit, limit, or otherwise supersede existing local authority to regulate the
short-term rental of property through general land use and zoning authority.
Nothing in this section shall be construed to supersede or limit contracts or
agreements between or among individuals or private entities related to the use
of real property, including recorded declarations and covenants, the provisions
of condominium instruments of a condominium created pursuant to the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the declaration of a common interest
community as defined in &#xA7; 54.1-2345, the cooperative instruments of a
cooperative created pursuant to the Virginia Real Estate Cooperative Act (&#xA7;
55.1-2100 et seq.), or any declaration of a property owners&#8217; association
created pursuant to the Property Owners&#8217; Association Act (&#xA7; 55.1-1800
et seq.).

HISTORY: 2017, c. 741; 2024, cc. 700, 792.