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Comparison of Northern Virginia Local Short-term Rental Ordinances

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  Alexandria-effective Jan. 1, 2018 Arlington-effective Dec. 31, 2016 Fairfax-effective Oct. 1, 2018  Herndon-effective Feb. 1, 2020
Definition Short-Term Residential Rental is the provision of a room or space for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. Accessory Homestay is a home occupation in which an owner of a dwelling unit who uses such dwelling unit as their primary residence, rents either the entire unit, or any portion thereof to a lodger for compensation, for not more than 30 days. Short-Term Lodging is the provision of a room or space for fewer than 30 consecutive nights in exchange for a charge for the lodging.  Short-Term Rental is the provision of a room or space suitable for occupancy for fewer than 30 consecutive nights in exchange for a charge for the lodging. 
Residency Requirements  

NONE. An operator may be the proprietor of any dwelling, lodging, or sleeping accommodations whether in the capacity of owner, lessee, sublessee, mortgagee

in possession, licensee, or any other possessory capacity.
 

REQUIRES RESIDENCY. Accessory homestay is allowed only where the dwelling unit is used by the resident of the dwelling unit as their primary

residence, which means that they reside there for at least 185 days during each year (includes owners and tenants).
REQUIRES RESIDENCY. Operator must be a permanent resident, which means they occupy or intend to occupy the property for at least 185 days out of the calendar year. A person may have only one permanent residence (includes owners and tenants). REQUIRES RESIDENCY. An operator must be the primary resident of the property, which means they have occupied the dwelling for seven of the previous 12 months.
Permit vs Registry/Filing Fees RENTAL REGISTRY. No fee associated with registration process. ZONING PERMIT. $63 annual filing fee. ZONING PERMIT. $200 fee for a two year permit. ZONING PERMIT. $200 fee for a two-year permit.
Limitation on Rental Nights NONE. NONE. A dwelling may be used for Short-Term Lodging for no more 60 nights per calendar year. The operator is limited to a maximum of 90 rental nights per year where the unit may be rented without the operator present. There is no limit on nights when the operator is present.
Limitation on # of Lodgers (zoning, permitting and building code provisions apply) Not explicit in ordinance.  The greater of six lodgers, or two lodgers per number of bedrooms in the dwelling.  Maximum number of lodgers per night may not exceed six adults. The maximum occupancy during any rental period shall not exceed six adults, including all permanent residents.
Allowed in Accessory Dwellings/Structures? YES. YES. Occupancy in the accessory dwelling is limited to a maximum of two lodgers. NO.  NO. 
Parking Requirements NONE. NONE. Requires the designation of one parking space that the Operator has the authority to reserve/designate to be available for lodgers. Parking must be located on-site or in spaces reserved exclusively for the use of the operator of the short-term rental property. For any single-family detached residence, a minimum of two parking spaces are required. For any townhouse or condo, a minimum of one parking space is required.
Exemptions from Registration/Permit (zoning and land use still apply) Registry does not apply to real estate agents, properties represented by real estate agents, registered time-shares, or licensed lodging establishments such as hotels.  NONE. NONE.  NONE.
Penalties and Enforcement Penalty of $500 for failure to register property within 30 days of being offered for STL. Upon repeated violation of registration requirement, the operator shall be prohibited from registering and renting the property.

Permit may be revoked for one year: (a) In the event of three or more violations within a one-year period; or (b) For failure to comply with the regulations; or (c) For refusal to cooperate with the County in a complaint investigation, including allowing the Zoning Administrator or designee to enter the dwelling unit upon reasonable notice.

 

Permit may be revoked for failure to comply with all applicable regulations in the Zoning Ordinance.

Violation may cause the zoning administrator to take action, including revoking the permit.

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