WITH THE ADOPTION OF A SHORT-TERM RENTAL ORDINANCE, Fairfax County becomes the latest Northern Virginia jurisdiction to allow legal short-term residential rentals (STRs) of less than 30 days, such as Airbnb. The ordinance, which becomes law on Oct. 1, 2018, will allow county residents to offer limited STRs – something not previously allowed under county zoning rules. Fairfax joins Arlington County, the City of Alexandria and Loudoun County – each of which has already addressed this issue.

In 2017, the Virginia General Assembly enacted legislation allowing a locality to either establish a registry of STRs or to regulate rentals through general land use and zoning authority. While the City of Alexandria and Loudoun County have created rental registries, both Arlington and Fairfax Counties used their zoning authority to create a permitting process. The chart on page 37 provides a comparison of significant elements included in these ordinances.

The dynamics of this issue are complex, as illustrated by the diversity of short-term rental laws. The infringement of property rights is a common theme when local governments attempt to regulate short-term lodging. Individuals do have the right to buy, rent or sell their property. However, property owners also have a right to a certain quality of life and an expectation that their neighborhood will retain its residential characteristics – free from potential disturbances and traffic associated with commercially-zoned areas.

Questions also exist about the potential long-term impact of short-term rentals on home values and affordability. NVAR has advocated for a balanced approach to allow
short-term rentals while also taking steps to limit the impact on the high quality of life many residents enjoy in their quiet suburban neighborhoods.

As STR ordinances take effect and local governments throughout Northern Virginia review the impact of those initial efforts, it is likely that each locality will continue to monitor and adjust policy. Stay tuned for future updates as jurisdictions work
to maintain an equitable balance between property rights and the protection of neighborhood character.