HCS/HB 608 - This act prohibits political subdivisions from adopting or enforcing a residential property licensing ordinance that includes a requirement for periodic interior inspections of privately-owned residential property for city or county code violations. An occupant of privately-owned residential housing may request a city or county inspection at any time to determine code violations. Political subdivisions are also prohibited from imposing a fee or enacting an ordinance which prohibits residential dwelling rentals. Political subdivisions may enact an ordinance which, in order to protect the public's health and safety, imposes regulations on residential dwelling rentals. The act lists examples of such permitted ordinances. Definitions for "residential dwelling" and "residential dwelling rental" are provided in the act.
Guests of residential dwelling rentals must pay all applicable taxes imposed by the state or a local taxing entity. An owner, or a facilitation platform if one is used, must collect and remit any taxes a transient guest is required to pay. Intermediaries that facilitate rentals of residential dwellings which do not meet the definition of a facilitation platform must retain records of rentals and notify transient guests that they are obligated to pay certain taxes.
No political subdivision shall require a seller or transferor of private residential property to obtain an inspection of the residence in order to sell or transfer the property.
No property owner shall be required to obtain a business or occupational license by any political subdivision of the state for the sole reason that the owner rents or leases real property to a permanent guest or rents to transient guests for no more than 182 days in a calendar year.
Certain provisions of this act relating to taxes and requirements for facilitation platforms and marketing platforms will not go into effect until January 1, 2018.
This act is similar to SB 310 (2017), HB 988 (2017), HB 1189 (2017), and SB 1117 (2016).
JOHN GRANA